Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 12, 1976 and adjourned Friday, March 5, 1976, volume I

Compiler's Note
The Journal of the Senate regular session of 1976 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 12, 1976 through February 26, 1976. Volume II contains February 27, 1976 through March 5, 1976 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 1976 and adjourned Friday, March 5,1976
VOLUME I
1976 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE 1976

ZELL MILLER

........ ....President (Lieutenant Governor)
GWINNETT COUNTY

AL HOLLOWAY.. -.- _...-.-......... . ...President Pro Tempore
DOUGHERTY COUNTY

HAMILTON McWHORTER, JR............. Secretary of the Senate
OGLETHORPE COUNTY

PAT JARVIS _......._____-........... ..............Doorkeeper
DeKALB COUNTY

WINSTON PITTMAN ...................__......_._.. ..Messenger
HALL COUNTY

STAFF OF SECRETARY OF SENATE

ALICE ENRIGHT ... ............._.........._...___... Assistant Secretary
FULTON COUNTY

SARALYN FOSTER ..................... ...........................Calendar Clerk
DeKALB COUNTY

SHIRLEY SHELNUTT .._.._........._........... .Journal Clerk
DeKALB COUNTY

JAMES H. BRAY --.--.-..._-_.-._-.-.._-.-... ............Reading Clerk
DeKALB COUNTY

AGNES DOSTER

.....__.._.._.._.._.._..... Enrolling Clerk
GWINNETT COUNTY

CLARA BASKIN ............ ............ .Bill Status Clerk
FULTON COUNTY

MEMBERS OF THE
SENATE OF GEORGIA WITH DISTRICTS AND CITIES
FOR THE TERM 1975-1976

Senators

District

Address

W. D. (Don) Ballard---------------------45th----Oxford Peter L. Banks ------------...--..._____--------17th---- Barnesville Ed Barker ----__._____.__------------____._ ... .18th----Warner Robins Roy E. Barnes --------------------------------33rd----Mableton Robert H. (Bob) Bell -----_------------------ 5th._.....Atlanta Julian Bond ------------------------------------39th .---Atlanta Haskew H. Brantley, Jr. --------._..-------- 56th ______ Atlanta Paul C. Broun --------------__.------------46th----Athens M. Parks Brown ...........----_.----------_..--.--.47th----Hartwell Hugh A. Carter --------------.._.._..-------- 14th---Plains Paul D. Coverdell -______--------._----------__40th----_Atlanta Nathan D. Dean ._---_--_--.----.._,,--------------31st----Rockmart Roscoe E. Dean, Jr. ----...--------...--------.6th--_.Jesup Sam W. Doss, Jr. ._--_--.----__--.--------------52nd----Rome J. Ebb Duncan --.._--------_.._----------.--.30th---Carrollton Frank Eldridge, Jr. ..------_------------------__7th----Waycross W. W. (Bill) Fincher, Jr. _------_._.-__...---.....54th.--...Chatsworth John C. Foster ----------------_--------__-..--._--50th----Cornelia Ed Garrard ______------------ ----------------37th---- Atlanta Hugh M. Gillis, Sr. ------------__----___--.--.-20th--...Soperton Bert Hamilton --------------------------26th ----Macon James R. "Duck" Hamilton --.--------------34th........College Park Render Hill ._------.--------------------..----29th.._.... Greenville R. Eugene Holley --.-_--_..--...___------------22nd----Augusta Al Holloway --.--------__------------.--------12th----.Albany Pierre Howard, Jr. ------------------------42nd----.Decatur Floyd Hudgins --------------------------------15th ----Columbus Perry J. Hudson .----_.--_.----------------35th-----Hapeville Joseph E. Kennedy ------------..._--_.--------__4th----.Claxton Culver Kidd __._______.__.____._______.25th._._ Milledgeville J. Beverly Langford --------------.----------51st----Calhoun James L. (Jimmy) Lester ------------------23rd----Augusta Preston B. Lewis, Jr. --------------------------21st _.._ ..Waynesboro Henry McDowell ------------.--.----_--_----2nd....--Savannah E. M. "Pete" McDuffie ----.----------------. 19th .----Eastman Sam P. McGill ------------------....------------.24th........Washington Howard T. Overby __----_--_,------------------49th --_,_Gainesville

Senators

District

Address

H. Norwood Pearce --_-------------------------16th .----Columbus Steve Reynolds --------------._------.----.__.48th -_--.Lawrenceville John R. Riley ------.---------------------------1st----Savannah W. Lee Robinson --_--------------------------27th----Macon Henry P. Russell, Jr. ----------------_--------10th .----Boston Virginia Shapard _---.------------------------28th .----.Griffin Terrell Starr .-------.--------------------.44th----Forest Park Jack L. Stephens --------.----------------.36th--_--. Atlanta Lawrence (Bud) Stumbaugh ------------.55th----.Stone Mountain E. G. Summers ------------...----------.----_53rd----LaFayette Franklin Button ------------------------------9th----Norman Park Horace E. Tate --------._.--_-_----_----------38th----Atlanta Joe Thompson ,,--.-------------------------32nd----Smyrna Jimmy Hodge Timmons ------------------llth----Blakely Mell Traylor ----------:----._ ._--..----------3rd----Pembroke Loyce W. Turner -----------------------------8th..--Valdosta James W. (Jim) Tysinger --------------------41st----Atlanta George T. Warren, II ------------------__----43rd----Decatur Martin Young .-_.-...------__------------------13th----Rebecca

MEMBERS
OF THE GEORGIA HOUSE OF REPRESENTATIVES
WITH DISTRICTS AND CITIES FOR THE TERM 1975-1976

Name

District

Post Office

G. D. Adams ___________________________________ _____36 ____________________ Atlanta
John Adams __....___. ____________________________ __14 ______________ ______ Rome Marvin Adams __________________________ ____79 _______________ __ Thomaston
Frank I. Bailey, Jr._________________________________72, Post 2 ________ Riverdale
Patrick (Pat) Banks ____________________ 104 __________________ _.Macon Emory E. Bargeron ____________________,,83 _______________________ Louisville
Joe Battle ____________ _____ _____________ 124 ___________________ Savannah Wilbur E. Baugh _______________________ 108 ________________ Milledgeville James M. Beck ___________ __________ ______148 __________________ Valdosta Bob Beckham ________________________ 89 __________________ Augusta C. Ed Berry _______________________________ 94 ___________________ ___Columbus
Jesse Blackshear _________ _______________ 123 __________________ Savannah Paul Bolster ________________ 30 ___________________ Atlanta
James A. (Jimmy) Bowman _______103 ___________________ Jefferson-
ville Claude A. Bray, Jr. _______________________ 70 _____________________ Manchester Ben Brown _________________________________________ 34 ___________________ Atlanta
Thomas B. Buck, III _______________________ ____95 ______________________ Columbus A. L. (Al) Burruss ___________________________ 21, Post 2______,_____Marietta Joe Burton ____________________________ __________47 ___________________ Atlanta
Anne C. Calhoun (Mrs. Wm. C.) ,,_____ ____88 ___________________ Augusta Mrs. Henrietta Mathis Canty ___________ 38 _________________ Atlanta John R. Carlisle _____________________ ___________71, Post !________ ___Griffin
Charles L. Games ________________ __-__________43, Post !_______ ____Atlanta Tom C. Carr ______________________________ 105 _____________________ Sandersville
Bobby Carrell ________________________________ ____75 ___________________ Monroe Jack Wilkes Carter _____________________ _____146, Post 2 ______ ___.Adel Don Castleberry _________________________ _______111 _____________________ Richland George Chance _______________________ _____-___129 _____________________ Springfield
E. M. (Buddy) Childers ______________ _____15 ______________________ Rome
Mrs. Mobley (Peggy) Childs __________________51 ________________________Decatur Betty J. Clark _______________ ___________________ 55 ________________________ Atlanta
Louie M. Clark _________________________________ ____13, Post !_______ __Danielsville A. D. Clifton _________________ __________.___-___107 _____ ______________._____Metter Jack Cole ____________________________________ ____6, Post !______ _____Dalton Terry L. Coleman ____________________________________! 18 __________________________Eastman
Marcus Colliris ____________________________ ______144 ____________________ Pelham
Carlton Colwell _________________________,,4, Post 1 _________ Blairsville Jack Connell _-______---_____ _____________________ _______87 _______________________ Augusta
Bill Cooper _____________ _,________.____________________19, Post 3___ ________Marietta Walter E. Cox _______________________ _____________141 ___________ _____________Bainbridge John Crawford ________________________________ _________5 ______________________ Lyerly
Bryant Culpepper __ __--1____--__-__-_-________98 _________________________ Fort Valley J. C. Daugherty ________________________ __,_33 _____________________ Atlanta
Walt Davis _______________________________._56, Post l___________Lithonia Douglas C. Dean __________________________ ______._29 ____________________ Atlanta

Name

District

Post Office

R. A. Dent __--_._._..__.___------------_----85 __------...__------ Augusta Harry D. Dixon --------------------.. 151 ----_----_----.Waycross William J. (Bill) Dover --------_-------- 11 ..__.... .. _. ----_. Hollywood C. W. (Chuck) Edwards ----------------20, Post 1 _.._______.Marietta Ward Edwards ----------------------...110 ........... Butler Michael J. Egan __.__.__.____.__...._.__.._.25 .... .. . _ ....._ Atlanta Ewell H. (Hank) Elliott, Jr. ........ ....49 __--------------.. Decatur Billy L. Evans ----.--------------------.99 __--------..----_ Macon Warren D. Evans ------------.------_--.84 ______________ Thomson Mrs. Dorothy Felton --------------------22 ._____.. Atlanta Leon Floyd ------------------.___.._----56, Post 2..._-_--_.Decatur
Paul W. Foster -----------------------152, Post 1......_ Blackshear R. L. Foster ----------__._. ___..__ ___.__.__.,6, Post 2.--.....Dalton Donald H. Fraser ----__... ......._..__. .139 __....__..__..__.._.._.... Hinesville Lynn Gammage ....:--,,_..._,,_--_-.--_,,.-__..--17 ..____..__.._,,._.._,,.-_.Cedartown Arthur Gignilliat --_.__--__.,,.___-._--_-__-_ _122 ,,..____.__,,__..__.___._. Savannah Tom Glanton ,,__.,,-.._--._-__.-._,,__.-__.-__-.__,, -66, Post 2- .._,,_-. Carrollton Mildred Glover -_____...__._______________-__.._-.__-32 ...,,.__.__.._..,,.__.. _ Atlanta John W. Greer .._..._..__..._..__-._-_-.-_-.__.._-.__43, Post 3.__.-.-.. Atlanta Benson Ham --,,--_--__--..--__,,_-._--_---_---__..80 .__..__..__._..__._--__. Forsyth Mrs. Grace T. Hamilton .,,_,,...--_-_-_--.31 ....._-__-....-. Atlanta Bob Hanner --_,,_,,._-___-.__,,_-_-_-____-____ 130 ._,,_...__...,, . ,, _ Parrott Eston A. Harden ___.______________-,,..._------.154 ..._..__,,._.__..,,.__.__. St. Simons
Island B. B. Harris, Sr. -----_-_--_----.------ 60 ___..__..__.__..__.._-_.Duluth J. G. Harris (Sonny) ------------_--_--_ 138, Post 2 -----.Screven Joe Frank Harris ,,__--_..--_--_.----------.8, Post 1.----_---Cartersville Carl Harrison --.__-,,,,___-,,--_,,_--_--__,,_--_..20, Post 2 ___._--Marietta Charles Hatcher ..._..__..__...------__..__--_..__131 __,,_.___..__. .----..Albany John Hawkins ------__------_----------_ 50 __ _--...._.._.__..-- . Atlanta Forest Hays, Jr. ..,,.,,_._--_..--__--_--_.------__ 1, Post 2....----.Chatta
nooga, Tenn. Bobby L. Hill _-__-._...._.__----.--._-_---127 __..__----------__. Savannah Guy F. Hill _...___..__._....._......_.._....41 ............._._..._.. Atlanta Robert A. (Bob) Holmes __------_----_ 39 _..__-.... _.__......... Atlanta Gerald T. Horton ...^. ...... ------43, Post 2 .......Atlanta G. Robert Howard _------.----_--.----. 19, Post 2 .... Marietta Mobley Howell ----------------------140 --_------._.__.._.. Blakely Ted Hudson .._..._._._.__._.._.-__.-...__._. ....,137 -_,,...__.._..__.._._..__. Fitzgerald R. S. (Dick) Hutchinson _...._............133 ------._.------_ Albany Jack Irvin -_--___----_-------------- .10 .__..--_.._..__.__.__. Baldwin Robert A. Irvin _._...-.._--.__.._--,,..__----.--23 --_..._.--._.__--_. Roswell Jerry D. Jackson ------_----..------.----.9, Post 3 .... .Chestnut Mountain
Ben Jessup --_--_--------_----_--------.117 _----_----------. Cochran Roger Johnson --.----------__.--.-------8, Post 3 ...... Canton Rudolph Johnson --------------------72, Post 4 ...........Morrow Herbert Jones, Jr. --------.------------126 --------------Savannah Hugh Jordan --_..__--------,,.------.----58 ----.----------.Stone
Mountain Randolph C. Karrh ____----------------.106 --------------Swainsboro

Name

District

Post Office

James W. Keyton _______________ __.____143 ______________________ Thomasville

Thomas (Mac) Kilgore ____________________ 65 _____________________ Douglasville

Jack A. King ______________________ ___ ____96 ___________________ Columbus

Nathan G. Knight _______________________________ 67 _______________ Newnan

George H. Kreeger ____________________ ... 21, Post 1 ____________ Smyrna

E. Roy Lambert _______________ ______________ 112 __________________________ Madison

Dick Lane ____________________________________ _____________40 __________ ____.__________East Point

W. Jones Lane ______ _______________ ______81 __________________ Statesboro

George K. Larsen _________ __-____.____.________.____27 __________ Atlanta

W. W. (Wash) Larsen, Jr. ____________ __119 ______________ Dublin

Wm. J. (Bill) Lee__________________________________72, Post !_______ __. Forest Park

Gene Leggett ______ _____________ 153 _________ Brunswick

Gerald H. Leonard _______ ________________ 3 ___________________ Chatsworth

John Linder ______________________________ 44 ______ ______ _______Dunwoody

Hugh Logan ____________________________ 62 ________________________ Athens

Bobby Long ________________________________ 142 ___________________ Cairo

David E. Lucas ___________________________ 102 ___________________ Macon

Charles C. Mann _________________________ 13, Post 3 __________ Elberton

Sidney J. Marcus ____________________________________26 ________________________ Atlanta

Chappelle Matthews _______________________ ____63 _________________________ Athens

Dorsey R. Matthews ________ ________________ 145 _________________________ Moultrie

Bernard F. Miles _----.___-- ___,,_______.86 _____________________ Augusta

Billy Milford ______ 13, Post 2._________ Hartwell

John L. Mostiler ______________ ___.71, Post 2 ________.__Griffin

Edwin G. (Ed) Mullinax _________________ 69 _______________ LaGrange

Thomas B. Murphy ______________________ 18 ______ _________ Bremen

T. Hayward McCollum ______________ 134 ______________________ Albany

Lauren McDonald, Jr. _________________ 12 _____ _____________ Commerce

J. E. McKinney _________________________ 35 _________________ Atlanta

Paul E. Nessmith, Sr. ___________________ __________82 _________________________ Statesboro

Ken Nix ___________ ____________._________________________20, Post 3 ___________ Smyrna

Bill Noble __.._,,__. _________________ .48 ______________________ Decatur

Ray D. Owens ______________________ ______ 77 ___________________ Appling

Oliver Oxford ______________________________ 116 ______________ Americus

Bobby Eugene Parham _____ _______ ___ 109 ______________ Milledgeville

Ralph M. Parkman ______________________ 66, Post 1 _________ Carrollton

John E. Parrish, Jr. ________________________ 97 -___-___.____-_____ Columbus

Grover C. Patten ____________________________________146, Post l____________Adel

Robert L. Patten ____________________ 149 ________________________ Lakeland

Robert G. Peters __________________ ______________ 2 ____________________ Ringgold

George Petro __ ___________________________ 46 ___________________ Atlanta

L. L. "Pete" Phillips ___________________ 120 ________________ Soperton

R. T. (Tom) Phillips ____________________ 59 ________________ Stone

1

Mountain

W. Randolph Phillips __________________ 91 ___________________ Shiloh

Frank Pinkston _______________________ _____ 100 ____________________ Macon

Howard H. Rainey ____.._ ______---_--_ 135 _____________________ Cordele

William C. "Billy" Randall _______________ 101 _____________________ .Macon

Henry L. Reaves ___________________________________147 _________________ Quitman

Mrs. Eleanor L. Richardson ________ _______52 ________ __________ Decatur

Ben Barren Ross _____________ _______________________76 _______________________ Lincolnton

Dewey D. Rush _______________________________ 121 ____________________ _. Glennville

Name

District

Post Office

John D. Russell ._----___---- -- ,,__. _ 64 .. .

Winder

Walter B. (Walt) Russell, Jr. ----------53 --------------.Avondale

Estates

Bill Sams--.----_----.----------------90 --.--__-.__--__--....Augusta

David Scott ----------------__._.....___..___.,,.37 ------------.... Atlanta

Tom L. Shanahan ..._--_------------------7 ------------Calhoun

Sam Sheats ----------------------------28 --------------.Atlanta

Bobby Sigman ------------------------74 ----------------Oxford

Earleen Sizemore ------_------------136 ----------------Sylvester

J. R. Smith ----.----------------------78 ----------_-- Barnesville

Virlyn B. Smith ----------------------42 .__,,..___-,,_..__-.. Fairburn

Calvin Smyre .,,_-..-_-_-.,,,,.-,,..-_.. ,,_,, ___.^._92 ..___-.,,__... _,,__-.. Columbus

Wayne Snow, Jr. ._,,...-...,,.._..._...__,,_ ,,_.,,_.!, Post l..._-.-._...Rossville

R. Bayne Stone ..___.__.._,,_____-__.__..._.,, 138, Post l.__..__.__.Hazlehurst

Ottis Sweat, Jr. _,,,,______-___,,.,,_.___.-.._-...150 --,,___..__--___,,__,,,,Waycross

Tom Taggart --.__.-._--.-.-...--.--..__..___....125 ----__--.__--__..._-. Savannah

Boyd Thomason ________,,_______,,.__,, ____________ 8, Post 2.__-___--_.Jasper

Albert W. Thompson _____,,,,________,,___._ __93 _,,.___--.__.__--__-._.Columbus

Tommy Tolbert ...._.,,_..,,_-.._--._,,-..-,, 56, Post 3.-_-..__. Decatur

E. B. Toles ..,,_-..__-_.--_,,..,,.,,_-.__-.-__,,__.,, 16 ....... Rome

Kiliaen V. R. Townsend --__-..._-.___-___- 24 ..____,,__...__..__..._. Atlanta

Tom Jriplett _-_,,._.--..--__.--,,.._-..__.._- 128 ...__..__...._..._....__.Savannah

Ray M. Tucker ,,--_.--.--._.._--_--__--.--.--.73 . ---------..--_ McDonough

Ralph Twiggs --_--__.----, ___,,.-_,,--__._...A, Post 2.. .___-- Hiawassee

Clarence R. Vaughn, Jr. --__.--.,,--,,-_--57 .,,_--_--_-.--------Conyers

Ted W. Waddle _.____._____._______.113 ....-..-..-..-.-..Warner

Robins

Larry Walker __--_.__-__--------------__115 ___________-__..__... Perry

Vinson Wall --------_----.__--._--__----.._--61 .,,----._--__----__. Lawrence-

ville

J. Crawford Ware .,,----------------.68 _--__------__-._--.Hogansville

Roy H. (Sonny) Watson, Jr. .--------114 __--___--------.Warner

Robins

Jim West -

- - - .- -- -----72, Post 3 .-.--,,. Jonesboro

Bobby A. Wheeler _--------.----------152, Post 2.---- Alma

John White -----------------------132 ----------_- Albany

Doug Whitmire ------------------------9, Post 2.__----.Gainesville

Hosea L. Williams .--__----------------54 ------------. Atlanta

George Williamson --------------------45 -------------- Atlanta

Joe Mack Wilson --------------------19, Post 1------Marietta

Joe T. Wood ----------------------------9, Post 1------.Gainesville

SENATE JOURNAL
Senate Chamber, Atlanta, Georgia Monday, January 12, 1976

The Senators of the General Assembly of Georgia for the years 1975-1976 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.

Senator Starr of the 44th introduced the chaplain of the day, Reverend Paschal Gilley, Jr., pastor of the First Baptist Church of Forest Park, Forest Park, Georgia, who offered prayer.

Senator Hudson of the 35th introduced Dr. James Kaufmann, doctor of the day, who serves as liaison for the medical center in the Capitol, and Jan Hudson who will serve as nurse of the day during this session.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins
Kennedy
Kidd
Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh
Summers
Sutton
Tate
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Not answering was Senator Hudson.

The following resolutions of the Senate were read and adopted:

12

JOURNAL OF THE SENATE,

SR 242. By Senators Eldridge of the 7th, Riley of the 1st and Holloway of the 12th:
A resolution adopting the Rules of the Senate.

SR 243. By Senators Riley of the 1st and Holloway of the 12th:
A resolution to notify the House of Representatives that the Senate has convened.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has adopted the following resolutions of the House, to-wit:
HR 455. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others: A resolution to notify the Senate that the House has convened.
HR 456. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others: A resolution to notify the Governor that the General Assembly has convened.
The Speaker appointed as a committee to notify the Governor on the part of the House the following members thereof:
Representatives Lambert of the 112th, Carlisle of the 71st, Parrish of the 97th, Lucas of the 102nd, Hill of the 127th, Crawford of the 5th and Clark of the 13th.
The House has adopted the following resolutions of the House, to-wit:
HR 458. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others: A resolution calling a Joint Session of the House of Representatives and the Senate relative to the National Bicentennial Celebration.
HR 459. By Representative Murphy of the 18th and others: A resolution calling a Joint Session of the House of Representatives and the Senate for the purpose of honoring four faculty members in the University System.
HR 460. By Representative Murphy of the 18th 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.

MONDAY, JANUARY 12, 1976

13

The Speaker has appointed a Committee of Escort on the part of the House the following members thereof:

Representatives Harris of the 8th, Hays of the 1st, Smyre of the 92nd, Evans of the 99th, Lee of the 72nd, Gignilliat of the 122nd and Richardson of the 52nd.
HR 461. By Representative Murphy of the 18th 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 Speaker has appointed a Committee of Escort on the part of the House the following members thereof:
Representatives Vaughn of the 57th, Collins of the 144th, Connell of the 87th, Wilson of the 19th, Lane of the 81st, Glover of the 32nd and Childs of the 51st.

The following resolutions of the House were read and adopted:

HR 456. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:

A resolution to notify the Governor that the General Assembly has

convened.

'

The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Traylor of the 3rd, Turner of the 8th, Robinson of the 27th, Hudson of the 35th, Stumbaugh of the 55th, Brantley of the 56th and Tate of the 38th.

HR 458. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and the Senate relative to the National Bicentennial Celebration.

SENATE CALENDAR Monday, January 12, 1976 SB 150. Branch Banks--remove population requirements SB 206. Fire Fighter's Mediation Act-delete section city-county government SB 253. Absentee Elector--definition include 65 year olds SB 350. Landscape Architects--regulations and license (AM) SB 355. Real Estate License--requirements hours of instructions

14

JOURNAL OF THE SENATE,

SB 375. State Commission on Aging--recreate and reestablish
SB 408. The Retail Installment and Home Solicitation Sales Act-- amended
HB 731. Miscegenation--repeal provisions relating to
HB 732. Crime Information Center Advisory Council--composition
HB 1018. State and Local Purchasing Authority-give State products preference
HR 69. General Assembly Members-no change in compensation dur ing term (AM)
HR 226. State Properties Commission--create
HR 228. Metro Atlanta Expressway System--single organization unit to control

Senator Riley of the 1st moved that all bills and resolutions of the Senate and House on the Calendar, except HB 1018 and HR 69, be committed to the committee from which they were last reported. On the motion, the yeas were 41, nays 0. The motion prevailed, and the following bills and resolutions were
committed:

SB 150. By Senators Holkv of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A bill tot amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to remove the population require ments; to provide an effective date. Committed to Committee on Banking, Finance and Insurance.

SB 206. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to amend the Fire Fighter's Mediation Act, so as to delete therefrom an exception. Committed to Committee on Industry, Labor and Tourism.
SB 253. By Senators Hudson of the 35th, Stephens of the 36th and Hamilton of the 34th:
A bill to amend Code Section 34-1401, relating to the definition of an absentee elector, as amended, so as to provide that the definition of an absentee elector shall include, at the option of the elector, any elector of this State who is 65 years of age or older. Committed to Committee on Rules.
SB 350. By Senator Holloway of the 12th:
A bill to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to comprehensively revise, codify and modern ize the laws of this State relating to the licensure and regulation of landscape architects; to provide for definitions. Committed to Committee on Industry, Labor and Tourism.

MONDAY, JANUARY 12, 1976

15

SB 355. By Senator Barnes of the 33rd:
A bill to amend Code Section 84-1411, relating to qualifications for a real estate broker's or salesman's license, as amended, so as to prohibit the Georgia Real Estate Commission from adopting certain require ments concerning the maximum number of hours per day for in-class instruction for approval of a course of study.
Committed to Committee on Industry, Labor and Tourism.

SB 375. By Senator Kidd of the 25th:
A bill to recreate and reestablish the State Commission on Aging; to declare the legislative intent; to provide for the appointment of mem bers, their qualifications, duties, powers, authority, terms of office, manner of filling vacancies, compensation and expenses; to provide for officers; to provide for quorums; to provide for powers and duties. Committed to Committee on Economy, Reorganization and Efficiency in Government.
SB 408. By Senator Pearce of the 16th:
A bill to amend "The Retail Installment and Home Solicitation Sales Act", as amended, so as to change certain definitions; to provide that a security interest shall not be taken with respect to certain goods; to provide for the application of payments and the priority of release of goods from any security interest. Committed to Committee on Judiciary.
HB 731. By Representative Larsen of the 27th:
A bill to amend Code Title 53, relating to husband and wife, so as to repeal the provisions relating to prohibitions against miscegenation; to repeal the provisions relating to the definition of a "white person"; to repeal the provisions relating to births of children of white and colored parents. Committed to Committee on Judiciary.
HB 732. By Representatives Walker of the 115th, Russell of the 53rd, Hill of the 127th and Evans of the 99th:
A bill to amend an Act creating the Georgia Crime Information Center and a criminal justice information system, so as to change the com position of the Advisory Council for the Georgia Crime Information Center; to provide that the Governor shall be Chairman of the Ad visory Council. Committed to Committee on Judiciary.
HR 226. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
A resolution proposing an amendment to the Constitution, so as to create and provide the membership of the State Properties Commission. Committed to Committee on Public Utilities.

16

JOURNAL OF THE SENATE,

HR 228. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th and others:
A resolution authorizing and directing the State Department of Trans portation to develop a plan for the creation of a single organizational unit to control the Metropolitan Atlanta Expressway System. Committed to Committee on Transportation.

The following resolution of the Senate was read and put upon its adoption:

SR 245. By Senator Shapard of the 28th:

A RESOLUTION
Censuring the Senator from the Sixth District; and for other purposes.
WHEREAS, Article III, Section IV, Paragraph V of the Georgia Constitution requires each Senator to take an oath to "so conduct myself, as will, in my judgment, be most conducive to the interest and prosperity of this State"; and
WHEREAS, Article III, Section VII, Paragraph I of the Georgia Constitution confers upon the Senate the "power to punish" members "for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion"; and
WHEREAS, the Senator from the Sixth District in the exercise of his sworn judgment to conduct himself in a manner conducive to the interest and prosperity of this State has seen fit to request and accept allowances for services admittedly not rendered by him in the per formance of his duties as a Senator; and
WHEREAS, the requesting and acceptance of such allowances for services not rendered personally by the Senator from the Sixth District clearly are acts which are not conducive to the interest and prosperity of this State and which fall within the generally-accepted definitions of disorderly behavior and misconduct; and
WHEREAS, the statements by the Senator from the Sixth District and spokesmen for him defending his requesting and accepting such allowances for services not rendered, impugn the integrity of and cast unwarranted reflections upon all Senators.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the Senator from the Sixth District be herewith censured for his disorderly behavior, misconduct and acts not conducive to the interest and prosperity of this State.
Senator McDuffie of the 19th moved to commit SR 245 to the Committee on Economy, Reorganization and Efficiency in Government.

MONDAY, JANUARY 12, 1976

17

Senator Coverdell of the 40th moved to amend the motion offered by Senator McDuffie of the 19th by committing the resolution to the Committee on Rules.

Senator Broun of the 46th moved to amend the amendment offered by Senator Coverdell of the 40th by substituting the Committee on Judiciary for the Committee on Rules.

Senator Coverdell of the 40th asked unanimous consent to withdraw his motion to amend the motion to commit. Unanimous consent was granted and the motion was withdrawn.

Senator Broun of the 46th moved that his amendment be stated to read that it amended the motion offered by Senator McDuffie of the 19th.

On the motion to amend the motion to commit, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie

McGill Overby Pearce Reynolds Robinson Shapard Stephens Stumbaugh Summers Button Tate Thompson Turner Tysinger Warren

Those voting in the negative were Senators:

Banks Carter Fincher Hill

McDowell Riley Russell Starr

Timmons Traylor Young

On the motion, the yeas were 45, nays 11; the motion prevailed, and the mo tion of Senator McDuffie of the 19th to commit SR 245 was amended to commit SR 245 to the Committee on Judiciary.

Senator McDowell of the 2nd moved to instruct the committee to report back in three (3) days. On the motion, the President ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

McDowell Riley

Starr Traylor

Warren

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie

McGill Overby Pearce Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Young

On the motion, the yeas were 5, nays 51, and the motion was lost.

On the motion of Senator McDuffie of the 19th, as amended, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge
Fincher Gillis Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell
McDuffie McGill Overby

Pearce Riley Russell Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner
Tysinger Young

Those voting in the negative were Senators:

Banks Bond Broun of 46th Doss

Foster Garrard Hamilton of 26th Reynolds

Robinson Shapard Thompson Warren

On the motion, the yeas were 44, nays 12; the motion prevailed, and SR 245 was committed to the Committee on Judiciary.

MONDAY, JANUARY 12, 1976

19

The following communication, received from His Excellency, Governor George Busbee, was read by the Secretary:

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334

May 2, 1975

Honorable Zell Miller Lieutenant Governor and President of the Senate State Capitol Atlanta, Georgia 30334

Dear Lieutenant Governor Miller:

I have vetoed Senate Bills 1, 2, 59, 72, 160, 240, 351 and 361 which were passed by the General Assembly of Georgia at the 1975 Regular Session.

Article V, Section I, Paragraph XV of the Constitution of the State of Georgia requires that I transmit such bills to you together with a list of reasons for such vetoes. The bills and list of reasons for their veto are enclosed.
Sincerely,

GB :whc

/s/ George Busbee

Enclosures

cc: Honorable Hamilton McWhorter Honorable Frank Edwards Honorable Arthur Bolton Honorable Ben W. Fortson, Jr.

Veto No. 17 and Veto No. 18--Senate Bill 1 and Senate Bill 2 by Senator McGill of the 24th
These bills would have exempted from all registration, licensing and inspection requirements motorized bicycles that are equipped with a motor up to one and a half horsepower. These bicycles can travel up to 20 - 30 mph, and to provide for the adequate safety of our children some limitation should be placed upon the ages of people authorized to use such vehicles that have not met any registration or inspection require ments.

Veto No. 19--Senate Bill 59 by Senator Kidd of the 25th
This bill would have amended the Probate Judges Retirement Fund Act to remove the $5,000.00 per year salary restriction on the Board for the Secretary-Treasurer, and would make the Secretary-Treasurer a full

20

JOURNAL OF THE SENATE,

member of the Fund, entitling him to full benefits and giving him past service credit without requiring him to pay for those credits. Many Probate Judges who are members of this Fund notified me that they were not made aware of the provisions of this bill until it had been passed by the General Assembly, and requested that I veto the bill.

Veto No. 20--Senate Bill 72 by Senators Garrard of the 37th and Shapard of the 28th
This bill would have created the Marriage and Family Counselors Licensing Board. At this time there do not appear to be enough qualified personnel who are outside the exemptions provided by the Act to warrant the creating of a separate licensing and examining board.

Veto No. 21--Senate Bill 160 by Senators Bell of the 5th, Tysinger of the 41st, Howard of the 42nd and others
This bill proposed an amendment to the Metropolitan Atlanta Rapid Transit Authority Act of 1965 which would have had the effect of in creasing the representation on the Board from DeKalb County and eliminating representation from Cobb County. The citizens of the State as a whole are becoming more and more concerned about the Rapid Tran sit Authority and recommendations made to me indicate a desire for in creased State participation involving the management of the Authority. The original Act and amendments thereto have been treated as local legislation, and the required advertisement has traditionally been affixed to the legislation when presented to the Governor for sig nature. There is no indication that the requirements of the Constitution with respect to local or special laws have been complied with.
Veto No. 22--Senate Bill 240 by Senators Dean of the 31st and Duncan of the 30th
This bill would have created a new and separate judicial circuit for Douglas County. The Judicial Council has determined that the present needs within Douglas County do not justify a separate judicial circuit.
Veto No. 23--Senate Bill 351 by Senator Pearce of the 16th
This bill would have amended the Secondary Securities Deed Act to eliminate any penalty other than forfeiture of interest for violation of the Act. While the current penalty of forfeiture of principal and interest is too severe for violations that do not involve excess charges, I do believe the loss of the principal is appropriate when a lender has intentionally collected or attempted to collect an usurious rate of interest, and is neces sary to curb abuses in this area. I will work with the business community in the coming legislative session to pass a bill that provides a less severe penalty for those violations which do not involve excess charges.

MONDAY, JANUARY 12, 1976

21

Veto No. 24--Senate Bill 361 by Senators Warren of the 43rd and Reynolds of the 48th

This bill would have revised the financial responsibility law, but accidentally repealed the authority of the Department of Public Safety to suspend licenses of persons convicted of driving under the influence and other serious offenses for a period of six months between July 1, 1975, and January 1, 1976. Senator Warren has requested that the bill be vetoed.

The following communication, received from His Excellency, Governor George Busbee, was read by the Secretary:

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334
January 12, 1976
Honorable Zell Miller Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia 30334
Gentlemen:
In accordance with Article V, Section I, Paragraph XI, of the Con stitution of the State of Georgia, I report to you, as follows:
Subsequent to the adjournment of the Regular Session of the General Assembly on March 25, 1975, to the date of this communication, there have been no convictions for treason in the State of Georgia. Therefore, I was not called upon to suspend the execution of a sentence for treason.
Subsequent to the adjournment of the Regular Session of the Gen eral Assembly on March 25, 1975, to the date of this communication, I have issued no stays of execution.
Sincerely,
/s/ George Busbee

The following resolutions of the House were read and adopted:

HR 459. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and the Senate for the purpose of honoring four faculty members in the Uni versity System.

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JOURNAL OF THE SENATE,

HR 460. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th 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 the following: Senators Reynolds of the 48th, Overby of the 49th, Foster of the 50th, Coverdell of the 40th, Riley of the 1st and Shapard of the 28th.

HR 461. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th 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 the following: Senators Brown of the 47th, Bell of the 5th, Turner of the 8th, Doss of the 52nd, Bond of the 39th, Thompson of the 32nd and Garrard of the 37th.

The following bill and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1018. By Representative Russell of the 64th:
A bill to require State and local authorities created by law in this State in the purchase of and contracting for supplies, materials and equipment to give preference to materials, supplies and equipment manufactured or produced in the State; to provide that such preference shall not sacri fice price or quality.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr

MONDAY, JANUARY 12, 1976

23

Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Eldridge

Kidd

Stephens

On the passage of the bill, the yeas were 53, nays 0.

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

HR 69. By Representatives Murphy of the 18th, Lee of the 72nd, Vaughn of the 57th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made; to provide for the sub mission 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 I of the Constitution is hereby amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Compensation and Allowances, The members of the General Assembly shall receive such compensation and allow ances as shall be provided for by law but no change in such com pensation or allowances shall become effective prior to the end of the term during which such change is made."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the members of the General Assembly shall re-
( ) NO ceive such compensation and allowances as shall be provided for by law but no change in such compen sation or allowances shall become effective prior to the end of the term during which such change is made?"

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JOURNAL OF THE SENATE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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 Senate Committee on Rules offered the following amendment:
Amend HR 69 by inserting on Page 1, line 2, after the term "General Assembly", the following:
"and all Statewide elected officials, except Justices of the Supreme Court of Georgia and Judges of the Court of Appeals of Georgia,",
and
By inserting on Page 1, line 15, after the term "General Assembly", the following:
"and all Statewide elected officials, except Justices of the Supreme Court of Georgia and Judges of the Court of Appeals of Georgia,",
and
By inserting on Page 2, line 1, after the word "Assembly", the following:
"and all Statewide elected officials, except Justices of the Su preme Court of Georgia and Judges of the Court of Appeals of Georgia."
On the adoption of the amendment, the yeas were 34, nays 2, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes

Bell Bond Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st

MONDAY, JANUARY 12, 1976

25

Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson

Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley

Hudgins

McDowell

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

At 11:05 o'clock A.M., Senator Riley of the 1st moved that upon the disso lution of the Joint Session the Senate stand adjourned until 10:00 o'clock A. M. tomorrow, and the motion prevailed.
The hour for convening of the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, pro ceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of participating in a program by the Georgia Commission for the National Bicentennial Celebration, was called to order by the President of the Senate. HR 458, authorizing the Joint Session of the Senate and House, was read by the Secretary of the Senate.

Town criers, Pat Jarvis and Thomas Goldin, in costume walked through the Capitol ringing bells announcing:

"Hear Ye! Hear Ye! The Special Bicentennial Joint Session of the 1976 Georgia General Assembly is now convened!"

Accompanied by the Committee of Escort, Mrs. Mary Beth Busbee, Mrs. Shirley Miller, the Honorable Ben W. Fortson, Jr., Secretary of State and Chair man of the Georgia Bicentennial Commission, Senator John Foster, Representa tive Arthur Gignilliat, the Clayton County Boy Scout Fife and Drum Honor Guard and other distinguished guests, His Excellency, Governor George D. Busbee, appeared upon the floor of the House, beginning the Special Bicentennial Program.

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JOURNAL OF THE SENATE,

The Governor's party having entered, the Cross Keys High School Chorale sang a special arrangement of "This Is My Country" as the fourth graders from Pace Academy entered the House Chamber bearing various United States and State flags, positioning themselves along each of the two side aisles.

At the conclusion of the song, Peter Williams and Lynn Smith marched down the center aisle to the well of the House, dressed in Revolutionary Era clothing.

Lieutenant Governor Miller led the entire General Assembly and audience in the Pledge of Allegiance to the Flag and in the singing of the "Star Spangled Banner", after which he introduced Governor George Busbee, who briefly ad dressed the Joint Session with well-chosen and deeply moving remarks.

A dramatic reading by the Honorable Ben W. Fortson, Jr., Senator John Foster and Representative Arthur Gignilliat was then offered. Attired in Revo lutionary Era costumes, these distinguished gentlemen gave an historic reading depicting a brief era in the history of the General Assembly of Georgia and the role it played in the said era leading to the Revolution of 1776.

Governor Busbee introduced the Honorable John W. Warner, National Ad ministrator of the American Revolution Bicentennial Administration, who de livered the keynote address, folowed by a special rendition of the "Battle Hymn of the Republic" by the Morris Brown College Concert Choir.

Senator Riley of the 1st moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

Pursuant to a previous provision, the Senate stood adjourned until 10:00 o'clock A. M. tomorrow.

TUESDAY, JANUARY 13, 1976

27

Senate Chamber, Atlanta, Georgia Tuesday, January 13, 1976

The Senate met pursuant to adjournment at 10:00 o'clock, A.M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Hudgins of the 15th introduced the chaplain of the day, Reverend Donald Wilhite, pastor of Calvary Baptist Church, Columbus, Georgia, who offered scripture reading and prayer.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

HR 470. By Representatives Felton of the 22nd, Richardson of the 52nd, King of the 96th and others:
A resolution relative to the relocation of the replica of the Liberty Bell located on the State Capitol grounds and the renaming of Georgia Plaza Park.

Senator Brantley of the 56th introduced the doctor of the day, Dr. Stephen May.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 411. By Senator Howard of the 42nd:
A bill to amend Code Title 61, relating to landlords and tenants, so as to change the provisions relating to proceedings against tenants holding over; to provide that landlords shall be authorized to petition for writ of possession and to provide for execution thereof; to provide for prac tices and procedures in connection therewith; to provide for costs.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

SB 412. By Senator Stumbaugh of the 55th:
A bill to prohibit the selling or offering for sale in this State any aerosol spray which contains certain chemical compounds as a propellant; to provide for legislative findings; to provide for penalties. Referred to Committee on Consumer Affairs.

SB 413. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 68-205, relating to the registration of motor vehicles and applications therefor, as amended, so as to prohibit the State Revenue Commissioner and officials and employees of the State Revenue Department from revealing the names and addresses of persons who have registered motor vehicles, except under certain circumstances.
Referred to Committee on Transportation.

SB 414. By Senator Riley of the 1st:
A bill to amend Code Section 93-211, relating to the domicile of the Public Service Commission and the venue of suits or proceedings brought against the Commission, so as to provide that Fulton County shall not be the venue of certain suits brought against the Commission. Referred to Committee on Public Utilities.

SB 415. By Senator Riley of the 1st:
A bill to amend Code Chapter 93-2, relating to the Public Service Com mission, so as to provide that each action taken by the Commission on any matter before it shall be reduced to writing and shall be signed by the Chairman and Secretary of the Commission. Referred to Committee on Public Utilities.

SB 416. By Senator McDowell of the 2nd:
A bill to amend an Act creating the Firemen's Retirement System, as amended, so as to provide for an increase in the monthly pension of eligible firemen or volunteer firemen. Referred to Committee on Retirement.

SB 417. By Senator McDowell of the 2nd:
A bill to amend an Act creating the Firemen's Retirement System, as amended, so as to provide for the powers and duties of the Board of Trustees of the Georgia Firemen's Pension Fund. Referred to Committee on Retirement.

SB 418. By Senator Riley of the 1st:
A bill to amend Code Section 93-307.1, relating to procedures for chang ing rates, charges, classifications, and services by businesses regulated by the Public Service Commission, so as to extend certain time periods within which certain changes in rates, charges, classifications and

TUESDAY, JANUARY 13, 1976

29

services subject to the jurisdiction of the Georgia Public Service Com mission may be effected.
Referred to Committee on Public Utilities.

SB 419. By Senator Riley of the 1st:
A bill to provide that each business entity regulated by the Georgia Public Service Commission, which shall be required to supply the Com mission with any data relating to the financial status of such entity shall employ flow-through accounting principles and procedures, so that such data shall be based upon such accounting procedures and principles. Referred to Committee on Public Utilities.
SB 420. By Senator Kidd of the 25th:
A bill to create and establish the State Court of Claims; to provide that each of the superior courts shall be a division of the State Court of Claims; to provide for jurisdiction; to provide for judges and their duties, powers, authority and compensation. Referred to Committee on Judiciary.
SB 421. By Senators Kidd of the 25th and McDuffie of the 19th:
A bill to amend an Act providing for the use of radar speed detection devices by counties and municipalities, as amended, so as to provide that the Commissioner of the Department of Public Safety may suspend or revoke the radar speed detection device permit of any county or municipality. Referred to Committee on Transportation.
SB 422. By Senators McDowell of the 2nd, Warren of the 43rd, Kidd of the 25th and others:
A bill to amend the Current Income Tax Payment Act of 1960, as amended, so as to require that taxpayers claim the actual number of dependency exemptions to which they shall be entitled. Referred to Committee on Banking, Finance and Insurance.
SB 423. By Senator McDowell of the 2nd:
A bill to amend an Act providing for the reorganization of certain func tions within the Executive Branch of State Government, so as to change the Board of Human Resources from a policy-making board to an advisory board; to transfer certain policy-making functions to the Department of Human Resources. Referred to Committee on Human Resources.
SB 424. By Senators Starr of the 44th, Riley of the 1st and Holloway of the 12th: A bill to amend an Act providing for the Sheriff's Retirement Fund of Georgia, as amended, so as to provide that regular and permanent em ployees of the Sheriffs' Retirement Fund of Georgia shall be eligible for membership in said Fund.
Referred to Committee on Retirement.

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JOURNAL OF THE SENATE,

SB 425. By Senators Starr of the 44th, Riley of the 1st and Holloway of the 12th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, as amended, so as to provide an increase in the retirement bene fits for those who become eligible to receive retirement benefits after a certain date. Referred to Committee on. Retirement.

SR 240. By Senator Stumbaugh of the 55th:
A resolution to memorialize the United States Congress to institute procedures to add an amendment to the Constitution of the United States to require that the total of all federal appropriations may not exceed the total of all estimated federal revenues in any fiscal year, with certain exceptions.
Referred to Committee on Rules.

SR 241. By Senator McDowell of the 2nd:
A resolution proposing an amendment to the Constitution, so as to abolish the office of Lieutenant Governor; to provide for the election of a Presi dent of the Senate viva voce from said body; to provide for succession to the office of Governor. Referred to Committee on Rules.

SR 244. By Senators Lester of the 23rd, Reynolds of the 48th and Riley of the 1st:
A resolution urging Congress to balance the national budget. Referred to Committee on Rules.

SR 248. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide, beginning with the year 1978, that the Governor and Lieutenant Governor shall be elected jointly as a unit instead of separately; to provide the procedure connected therewith; to provide for the election of the President of the Senate by the Senators. Referred to Committee on Rules.
SR 249. By Senator Brantley of the 56th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for the exemption from all ad valorem taxation certain tangible personal property in transit through this State stored in public warehouses in this State and certain tangible personal property manufactured in this State and stored in public ware houses in this State for shipment outside the State. Referred to Committee on Banking, Finance and Insurance.

TUESDAY, JANUARY 13, 1976

31

SR 250. By Senators Gillis of the 20th, Riley of the 1st, Kennedy of the 4th and others:
A resolution proposing an amendment to the Constitution, so as to allow a Governor to succeed himself for one four-year term; to provide that the salary of the Governor shall not be increased during the term for which he shall have been elected; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SR 251. By Senators Lewis of the 21st, Hudgins of the 15th, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution, so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia.
Referred to Committee on Defense and Veterans Affairs.

The following resolution of the House was read the first time and referred to committee:

HR 470. By Representatives Felton of the 22nd, Richardson of the 52nd, King of the 96th and others:
A resolution relative to the relocation of the replica of the Liberty Bell located on the State Capitol grounds and the renaming of Georgia Plaza Park. Referred to Committee on Rules.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

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JOURNAL OF THE SENATE,

Those not answering were Senators:

Dean of 6th Hamilton of 34th

Pearce

Tysinger

At 10:35 o'clock A.M., Senator Riley of the 1st moved that upon the dis solution of the Joint Sessions the Senate stand adjourned until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

The hour for convening of the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of honoring four faculty members of the University System, was called to order by the President of the Senate. HR 459, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

The following resolutions were read and adopted in Joint Session:

JR 1. By Senator Doss of the 52nd and Representative Matthews of the 63rd: A resolution honoring Dr. Glenn W. Burton.

JR 2. By Senator Doss of the 52nd and Representative Matthews of the 63rd: A resolution honoring Dr. Joseph M. Pettit.

JR 3. By Senator Doss of the 52nd and Representative Matthews of the 68'rd: A resolution honoring Dr. Norman H. Giles.

JR 4. By Senator Doss of the 52nd and Representative Matthews of the 63rd: A resolution honoring Dr. Eugene P. Odum.

Each of the above named honorees briefly addressed the Joint Session and expressed their appreciation for the honor bestowed upon them by the Georgia General Assembly.

Senator Riley of the 1st moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The hour for convening of the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State message by His Excellency, Gov ernor George Busbee, was called to order by the President of the Senate. HR 460,

TUESDAY, JANUARY 13, 1976

33

authorizing the Joint Session of the Senate and House, was read by the Secretary of the Senate.

His Excellency, Governor George Busbee, addressed the Joint Session of the Senate and House of Representatives as follows:
Lt. Governor Miller, Speaker Murphy, Ladies and Gentlemen of the General Assembly.
I have the high honor and duty at this Joint Session to report to you briefly on the State of the State as we begin the second year of this Administration.
I want to begin by thanking you far what you did last year. The economic realities of the last year limited and deferred many of the plans, programs and projects to which we have long been committed. That was disappointing.
But in facing up to the economic realities of last year in a responsible manner, we broke some old habits in state government which needed to be broken. We put the brakes on some trends in state government which needed to be stopped.
In the long run, that kind of progress can mean more to the people of this state than the progressive programs we couldn't afford last year.
We have not spread on the law books a lot of new programs but we have spread across state government a lot of new policies.
We didn't spend as many new dollars last year as we had planned but we did take a closer, more realistic look at what we were doing with our tax dollars.
If there has ever been a year in which there was a need for team work, mutual respect and cooperation between the Executive and the Legislative Branches of government, it was 1975.
A political rift of the kind that has not been uncommon in our state's history could have had a disastrous impact on state finances and state operation last year.
Because we worked together and because we are continuing to work together in this Session to keep our income and expenditures in balance, I can tell you that the financial integrity of our state has not been impaired. And what is equally important, essential services are still being provided at a satisfactory level. The people are being served.
We have a state government today which is more streamlined, more accountable, with fewer frills, fewer employees and a more businesslike approach to public service than we had a year ago.
I want to tell you, Ladies and Gentlemen, how much I appreciate the work you have done to help make this possible.

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JOURNAL OP THE SENATE,

I will always remember with heartfelt gratitude the close and
constructive relationship I have had with those of you in the General Assembly during the long ordeal of the budget in the first year of my administration. For my part, I pledge to you here today to continue that cooperation and that relationship for the next three years.

As we emerge from the valley of this recession, I think it's neces sary for us to take some directional bearings and try to determine where we've been and which way we're headed.
It seems clear to me that where we've been for the last 15 years was in an era of "easy money" for government--an era of sustained growth and annual surpluses.
Where we are now--and where we're likely to be for some time to come--is in an era of limitations. We are going to see some impressive increases in revenues, but much of this growth is simply inflation and not the kind of real growth which we had in the sixties and early seventies.
The rules of the game have changed.
In the easy money era, each public problem was approached with a prescription for new programs, new personnel and new expenditures.

But it's a lot easier to write a prescription for effective government than it is to fill one.

In Education, in Corrections, in Social and Health Services and many other fields, we have constantly made new expenditures but our
progress has been slow.

Our goals in these areas have not changed. But the financial facts of life are changing the means of reaching those goals.

But in all areas of state involvement, if we are to move decisively forward in an age of limitations government has to be better in a practical sense. It has to be more accountable. It has to be managed
better. It must be cost conscious. It can't fritter away dollars on programs that return little benefit to the public.

In these days of multi-billion dollar deficits in the national budget
and with the political influence of pressure groups, it's easy to lose sight of the fact that all government services must be paid for by the people--either this generation or the next one. There is no such thing as a free lunch.

Some local and state governments have been pressured into ignoring this principle and now find themselves on the brink of financial disaster. This has not happened and is not going to happen in the State of Georgia.

I want to mention two developments which reflect our commitments in'the general operation of government.

TUESDAY, JANUARY 13, 1976

35

I have pride in the fact that we have reversed a very long trend and, for the first time in modern history, we have actually reduced the number of state employees.
We have heard a great deal about the growth of the federal bureau cracy, but in recent years state and local governments have grown much faster than the federal government.
In Georgia, during the last five fiscal years the number of employees in general government--excluding the Board of Regents--increased by more than 7,000 or an average of about 1,500 each year.

Because of the austerity program which we implemented this year, the number of state employees has been reduced and my proposed budget reflects a reduction of more than 1,500 for the next fiscal year.

I pledge to you that we are going to continue to operate the state government with the minimum manpower required to do the job.

Another positive change that came out of the ordeal of the budget this year is that we are now able to use the budget as an effective man agement tool.
As a part of the more stringent budgetary process which we went through, I asked each budget unit for a detailed performance evaluation. This was the first time in state government that we had developed a procedure to make a practical measurement of performance by the various departments and agencies. As I put together my budget pro posals, I made every effort to adjust and allocate our resources to get the maximum performance from each tax dollar, and I'm sure you will have the same objective in this Session.

I'm going to ask for your approval of a new program which will begin to strengthen the management function in state government. That is the establishment of a certified public managers' program for govern ment employees.

If we are going to raise the caliber of state government, we must have managers with more professionalism and skill. The certified public managers' program will not have a significant cost in state funds and
will be carried out by the State Merit System and the Institute of Gov ernment of the University of Georgia. It will be a professional training program used to develop management skills, and the state government-- through the Merit System--will recognize that training and reward it with higher management responsibility.

We have made a solid beginning toward upgrading the manage ment--the practical performance of state government.

This is basic to sound government and a progressive state and it will continue to be a major emphasis of my administration.

The program of my administration--the way in which I am trying to influence the policies of state government and the life of this state--

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is through a combination of executive and administrative actions, budge tary actions and legislative recommendations.

It would not be responsible for me to ask you to adopt at this Session any programs involving major new expenditures. I have recommended to you a budget which shifts priorities and modifies policy in a number of areas. On Thursday I will make a separate report on the budget and the financial condition of the State.
I don't want anybody here--or anybody in the state government-- to get the idea that because we have had economic problems we can accept a standstill administration or a do-nothing Session of the General Assembly.
To provide effective legislative leadership or executive leadership in an era of limitations requires extra effort, extra work at weighing priorities and extra commitment to the details of good government.

Let us pledge today to keep those commitments, to demonstrate by our actions that recession does not mean retreat on the important issues, and that real progress will not be postponed.
Excellence in education is the only solid foundation for progress. Education is the number one priority of my administration.
It is a prime example of an area of government which needs to take a directional bearing and perhaps chart a somewhat different course.
In the past few months I have tried to raise these questions publicly:

--Have we drifted away from the basics in education?
--Have we over-emphasized innovation and under-emphasized read ing and writing ?
--Have we shown too much interest in fancy new programs and not enough interest in effective teaching?

--Do we need policies at the state level which will move us more clearly back into the mainstream of the educational process?
In raising these questions I have stepped on some toes.
Some educators are marking some low grades on my report card, and I suspect some of you are getting similar marks. But what the educa tors of this state need in the State Capitol are not cheerleaders, but leaders. And leadership must start with raising hard questions.
I have been in close communication with the leadership of GAE and other educational groups. Their views and proposals have been presented to me constructively. I have told them in the simplest language I know how that what we are involved in is a two-way street.

TUESDAY, JANUARY 13, 1976

37

I think that we all recognize that we have an obligation to provide more financial support for education, and my proposed budget recom mends a 7% increase in teacher salaries; an increase in maintenance and operations funds for education; an increase in instructional media; and other increased financial commitments for education.

As this financial input into education grows, we have a right to expect the educational output to grow.

I am not calling for new educational programs. I am calling for an examination of our present policies. I am suggesting that we consider policies which lead public education back to an emphasis on the basics-- reading, writing and arithmetic. I am not concerned about their being taught as the old song says, "To the tune of a hickory stick," but I am concerned about their being taught in a classroom where there is dis cipline.
I believe the teachers of Georgia themselves consider the lack of discipline in the classroom to be one of the most serious problems in our schools, and we cannot continue to ignore this problem in terms of state policy.

The keystone to quality education is still good teaching. Because I believe that effective teaching is so crucial to our success in education, I am recommending that you adopt legislation to establish an advisory group on professional standards. This group would be made up of educa tors and would formally work with the State Board of Education to develop standards for the certification of teachers, their preparation, and how best to measure their performance.

In the coming days I am also going to create a separate advisory group to work with my office, the State Board and the State Superin tendent to develop recommendations on what our direction should be in education.

I urge you to participate in the reappraisal of education in Georgia. No other activity of government has such a meaningful impact on the State of your State.

Another requirement for real progress in Georgia is economic devel opment. What is needed in this area is not so much a reappraisal of the direction in which we are moving, but a new thrust and a new vitality to our economic development program. Our basic policy will continue to be to encourage planned, orderly industrial development in a manner which preserves and protects our environment.

In spite of the bleak economic situation last year, we did have more than one-half billion dollars invested in new and expanded manufacturing facilities which created more than 18,000 new jobs.

We are now seeing the industrial community regain confidence in the economy and I am working closely with the Board of Community Develop ment and the competent professional staff of that Department to carry out a strong economic development program. The Department has a new

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Commissioner with an impressive record in economic development and he is already bringing new enthusiasm and energy to our program.

We are convinced there are advantages to restoring the name "In dustry and Trade" to this Department. As a matter of practice, we have found that industrialists in this country and abroad continue to refer to it in that manner, which is the way it was designated for many years.

We will present a proposed constitutional amendment making this change, and I hope you will give it your favorable consideration. The
Community Development function will not be de-emphasized but will con tinue to be conducted through the Bureau of Community Affairs.

You will also have before you this Session a proposed constitutional
amendment which will permit local option freeport legislation, and I urge you to favorably consider this measure.

The Department of state government which has had the most ap praisals and reappraisals is the Department of Human Resources. This
is the largest Department in state government and it has a responsibility which is complex and challenging.

This Department has not reached the level of administrative ef ficiency which I think is necessary, but solid progress has been made in
the last year.

We found that the Medicaid Program had built up a momentum of its own and was out of control. There were abuses of the program by both providers and recipients. A mandatory change in accounting methods
led to an imbalance of $18 million in the Medicaid budget which had to be corrected by a combination of policies affecting both providers and recipients and by eliminating capital outlay projects from the budget.

Medicaid is a major budgetary concern and getting control of this program has been the most difficult single problem I've dealt with this year. I am sued and picketed almost daily as a result of these efforts.

But I can tell you that the state of the Medicaid Program is the soundest it has been in its history. We are now implementing a Medicaid Management Information System which will put the program on a sound administrative basis for the first time. I have worked closely with
the Secretary of H.E.W. and we are being allowed to carry out the first major Medicaid co-payment program in the nation. In other actions affecting the Department, we abolished the Area Network System and
we now have the coordinating function performed from 10 planning and coordinating districts. Last May we reassembled the various units of Central State Hospital under a single administrator after a period of
administrative fragmentation of that facility.

There will be several legislative proposals before you this Session which affect the programs of the Department of Human Resources and I
urge you to study these measures and to examine the operations of the Department.

TUESDAY, JANUARY 13, 1976

39

Last year you gave me the statutory authority to make organiza tional changes within the Department. Although substantial progress has been made, both Commissioner Parham and I recognize that there is a continuing need for organizational adjustments.

As I have said before, we have not accomplished all that we expected or that you expected when you gave us blank check authority to stream
line and modernize and restructure this Department. Had it not been for certain unanticipated crises such as the Attorney General's ruling, law suits, AFDC overruns and fraud investigations in the Medicaid dental
program, I assure you we would be further along.

Having acknowledged that I have been precluded from completing the task which you gave me the authority to accomplish in DHR, I recom
mend that you grant me an extension of the authority under H.B. 665 through December of this year.

We have a continuing crisis in the field of Corrections. In spite of the capital outlay which you appropriated to Corrections last year, over
crowding will remain at a dangerous level in the foreseeable future.

There are no quick and easy answers. There is no single proposal or program which will guarantee an effective Corrections System. But you
will have before you this Session a package of bills which in combination would represent a practical redirection in our Corrections efforts. These proposals seek more equity in sentencing and more workable concepts for releasing inmates from institutions.

We can't keep building more and more prisons.

I urge you to study these bills and to let this be the Session when we begin a responsible and realistic redirection of our Corrections System.

We now have a Judicial System in which many judges are over worked, and many court calendars are overcrowded because there is a disparity of case loads between courts and circuits within the state. In
some areas jails are full, legal disputes are going unsettled, and the public is becoming more skeptical about the practical administration of
justice.

Last spring I appointed a Commission on Court Organization and Structure and asked it to submit to me a legislative package which would modernize our Judicial System. Because of financial limitations, I am
not able to submit to you all of the recommendations of the Commission. But I am recommending a set of proposals which will move us in the direction of judicial economy and efficiency.

This will produce major benefits in our fight against crime and will
serve the public in many other ways. I urge you to take this step toward modernizing our Judicial System.

Financing our Transportation System is and will continue to be one of the major concerns of my administration. We are getting more for our

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road dollars now because of the efficient operation of the Transportation Department, but we are experiencing no material growth in motor fuel tax revenues.
I have been repeatedly urged to propose an increase in motor fuel taxes during this Session. I don't believe it is responsible nor right to impose new taxes upon the people in the midst of a recession and I will not support or sign a motor fuel tax increase this Session.
I will, however, continue to give a great deal of attention to develop ing the most responsible strategy for financing our transportation needs in this state, and I invite your attention to this serious problem.
I have proposed legislation which will provide for the state govern ment to have effective representation on the Board of Directors of the Metropolitan Atlanta Rapid Transit Authority. There is a need for co ordination between MARTA and the state, and I ask that you give favor able consideration to this legislation.

You will have before you this Session a package of proposed legis lation concerning Medical Malpractice. I am presenting this legislation because we can't afford to wait until we face a crisis in the field of medical services before trying to develop some remedies.
Although we have made good progress in the field of mental health in the last decade, we don't have a sound legal framework for our Mental Health Program, and this is needed.
I will propose for your consideration a Mental Health Services Act for Georgia.
The genius of our system of government is its capacity to adapt to change in an orderly way. The program we had in this Chamber yester day was a reminder of how enduring our legislative system is, and also of how much change it has accommodated.

Most of that change, most of our progress has not come in the form of landmark or glamorous legislative acts, but rather it has come in small doses--in budgets which shift resources, in subtle but substantive legis lation which shifts policy.
I have suggested today that we must now accommodate change in a responsible manner by adjusting some priorities and policies. Those decisions--like most of the processes of government--call for common sense and courage. I look forward to working with you this Session as we exercise our responsibilities to the people of this state.

Senator Riley of the 1st moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

Pursuant to a previous provision, the Senate stood adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 14, 1976

41

Senate Chamber, Atlanta, Georgia Wednesday, January 14, 1976

The Senator met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by the President.
Senator Young of the 13th reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
The President introduced the Honorable George L. Brown, Lieutenant Governor of Colorado, who addressed the Senate.

The following resolution of the Senate was read and adopted:

SR 258. By Senators Hudson of the 35th, Tysinger of the 41st, McGill of the 24th and others:
A resolution to recognize and pay tribute to the mayors and other municipal officials and employees of Georgia for their valued and trusted service upon the occasion of the Eighteenth Annual Georgia Mayor's Day.
Senator Hudson of the 35th introduced the Honorable Maynard Jackson, Mayor of the City of Atlanta, who introduced guests from the United States Conference of Mayors.

Mayor Jackson then introduced the Honorable Richard Hatcher, Mayor of the City of Gary, Indiana, who addressed the Senate.

Mayor Jackson then introduced the Honorable Moon Landrieu, Mayor of the City of New Orleans, Louisiana, and President of the United States Conference of Mayors, who addressed the Senate.

Senator Kidd of the 25th introduced the chaplain of the day, Rev. M. Eugene Dunn, pastor of the First United Methodist Church, Milledgeville, Georgia, who offered prayer.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 426. By Senators Coverdell of the 40th and Garrard of the 37th: A bill to amend Code Chapter 87-2, relative to the elections on the issue

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of bonds by counties, municipalities, or other political subdivisions, as amended.
Referred to Committee on County and Urban Affairs.

SB 427. By Senator Kidd of the 25th:
A bill to amend Code Chapter 24-29, as amended, relating to the office of district attorney, so as to permit, under certain conditions, the inclusion of time spent as legal assistant to a district attorney, as time spent while duly admitted and licensed to practice law. Referred to Committee on Judiciary.

SB 428. By Senator Kidd of the 26th:
A bill to provide that in all counties of this State having a population of not less than 33,527 and not more than 34,513 according to the United States Decennial Census of 1970, and in all municipalities in such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours.
Referred to Committee on County and Urban Affairs.

SB 429. By Senator Kidd of the 25th:
A bill to amend an Act defining the grounds for termination of the contracts of teachers, principals and other employees having a contract for a definite term, so as to provide that certain teachers, principals or other employees who are indicated or charged with the commission of certain criminal offenses shall be relieved from duty for certain periods of time.
Referred to Committee on Education.

SB 430. By Senator Kidd of the 25th:
A bill to amend an Act entitled the "Youthful Offender Act", as amended, so as to authorize the Board of Corrections to petition the sentencing court requesting that certain offenders be reassigned to the Youthful Offender Division. Referred to Committee on Offender Rehabilitation.

SB 431. By Senator Kidd of the 25th:
A bill to amend Code Chapter 37-7, relating to fraud, as amended, so as to provide for the presumption of fraud in certain circumstances; to provide for a definition; to provide a remedy. Referred to Committee on Judiciary.

SB 432. By Senator Langford of the 51st:
A bill to amend Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons

WEDNESDAY, JANUARY 14, 1976

43

at public gatherings, Code Section 26-2903, relating to carrying pistols without licenses and Code Section 26-2906, relating to machine guns.
Referred to Committee on Judiciary.

SB 433. By Senator Langford of the 51st:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to change the definition of the term "peace officer". Referred to Committee on Judiciary.

SB 434. By Senators McGill of the 24th, Turner of the 8th, Timmons of the llth and others:
A bill to amend an Act known as the "Georgia Biologicals Permit Act of 1966", so as to authorize the Commissioner of Agriculture to withhold from sale biologicals he deems hazardous when administered by other than accredited licensed veterinarians or persons approved by the State Veterinarian.
Referred to Committee on Agriculture.

SB 435. By Senators McGill of the 24th, Gillis of the 20th, Young of the 13th and others:
A bill to amend Code Section 68-101, relative to the definition of certain words used with respect to licenses, registration and operation of motor vehicles, so as to exclude from the definition of the terms "motor vehicle" and "motorcycle" certain motorized bicycles'.
Referred to Committee on Agriculture.

SB 436. By Senator Lester of the 34rd:
A bill to amend Code Section 57-116, relating to the repayment of install ment loans, as amended, so as to provide for the repayment of loans in weekly installments; to provide for the interest rate on such loans. Referred to Committee on Banking, Finance and Insurance.

SB 437. By Senators Lester of the 23rd, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend an Act providing for the control and operation of clinical laboratories, as amended, so as to provide that the provisions of this Act shall not apply to clinical laboratories operated by the State of Georgia. Referred to Committee on Human Resources.

SB 438. By Senators Russell of the 10th, Hudgins of the 15th, Robinson of the 27th and others:
A bill to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, as amended, so as to provide for the issuance of permanent honorary hunting and fishing licenses to wartime veterans.
Referred to Committee on Defense and Veterans Affairs.

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SB 439. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to clarify the definition of "Rate of Charge"; to change the penalties for violations of the Act.
Referred to Committee on Banking, Finance and Insurance.

SB 440. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Section 27-2511.1, relating to review of sentences, so as to change the sentences which are subject to review by the panel of superior court judges. Referred to Committee on Judiciary.
SB 441. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Chapter 100-1, relating to State Depositories, as amended, so as to change the frequency of meetings of the State Deposi tory Board from at least once each thirty days to at least once every ninety days; to change certain titles. Referred to Committee on Banking, Finance and Insurance.
SB 442, By Senators Carter of the 14th, Young of the 13th, Hudgins of the 15th and others:
A bill to amend Code Section 95A-961, relating to the circumstances under which certain vehicles may exceed the prescribed weight, width and length limitations, as amended, so as to provide the circumstances under which permits may be issued which would authorize vehicles to extend up to and including 168 inches when transporting mobile homes. Referred to Committee on Transportation.

SB 443. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State, as amended, so as to provide that teachers shall accumulate all unused sick leave from one school year to the next up to a certain maximum number of days. Referred to Committee on Education.

SB 444. By Senator Langford of the 51st:
A bill to add one additional judge of the superior courts of the Cherokee Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge. Referred to Committee on Judiciary.

WEDNESDAY, JANUARY 14, 1976

45

SB 445. By Senator Barnes of the 33rd:
A bill to provide the circumstances under which any principal or teacher in any public school system in this State may administer corporal punish ment; to provide the procedures connected therewith; to repeal an Act relating to corporal punishment. Referred to Committee on Education.

SB 446. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 9-1, relating to the examination of appli cants to practice as attorneys, as amended, so as to provide for the licensing of persons who shall be entitled to practice criminal law; to provide the procedures connected therewith. Referred to Committee on Judiciary.

SB 447. By Senator Barnes of the 33rd:
A bill to amend Code Section 30-105, as amended, so as to require divorce petitions to show the social security number of the plaintiff and defend ant. Referred to Committee on Judiciary.

SB 448. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 105-2, relating to negligence, so as to provide presumptions as to the exercise of due care by minors. Referred to Committee on Judiciary.

SB 449. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change certain provisions relative to interest. Referred to Committee on Retirement.

SB 450. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to service necessary for retirement. Referred to Committee on Retirement.

SB 451. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to provide for the retirement of members with less than 10 years of creditable service under certain circumstances. Referred to Committee on Retirement.

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SB 452. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as amended, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerk's Retire ment Fund of Georgia.
Referred to Committee on Retirement.

SR 252. By Senators Kidd of the 25th, Garrard of the 37th, Stephens of the 36th and others:
A resolution proposing an amendment to the Constitution, so as to change the time period during which the Governor may approve or veto bills and resolutions tendered to him; to provide, under certain specified conditions, for a one-day legislative session to override the Governor's veto.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SR 253. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to provide that the General Assembly may define the practice of law for the purpose of the qualifications for the office of District Attorney; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.

SR 254. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to establish, by general law, minimum qualifications for judges of the probate courts; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on Judiciary.

SR 255. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to change the provisions relating to meetings of the General Assembly; to provide for the submission of appropriations bills by one branch of the General Assembly to the other branch within specified time periods. Referred to Committee on Appropriations.

SR 256. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others:
A resolution urging the earliest funding practicable of the law authoriz ing a health insurance plan for the public school teachers of Georgia. Referred to Committee on Education.

WEDNESDAY, JANUARY 14, 1976

47

SR 257. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to create a Court of Criminal Appeals and to change the jurisdiction of the Supreme Court and the Court of Appeals; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

The following report of a standing committee was read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:

Mr. President:
Your Committee on Banking, Finance and Insurance has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 131. Do pass.
Respectfully submitted, Senator Holley of 22nd District, Chairman

Senator Kennedy of the 4th introduced the doctor of the day, Dr. Bob Robinson, of Metier, Georgia.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th
Brown of 47th
Carter
Coverdell
Dean of 31st
Doss
Duncan
Eldridge
Foster
Garrard
Gillis
Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson
Kennedy
Kidd
Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce
Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh
Summers
Sutton
Tate
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

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Those not answering were Senators:

Bond

Dean of 6th

Fincher

At 10:40 o'clock A.M., the President announced the Senate would stand in recess until 4:00 o'clock P.M. today.

At 4:00 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, called the Senate to order.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 1227. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A bill to amend an Act providing appropriations for the fiscal year 197576, known as the "General Appropriations Act", approved April 25, 1975, as amended by an Act approved July 3, 1975, so as to change certain appropriations for the fiscal year 1975-76; to make language and other changes.

The following bill of the House was read the first time and referred to com mittee:

HB 1227. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 197576, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975 p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734) so as to change certain appropriations for the fiscal year 1975-76; to make language and other changes.
Referred to Committee on Appropriations.

Senator Hamilton of the 34th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 4:05 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, JANUARY 15, 1976

49

Senate Chamber, Atlanta, Georgia Thursday, January 15,1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by Senator Holloway of the 12th, President Pro Tempore.

Senator Young of the 13th reported that the journal of yesterday's pro ceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Bllard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 1228. By Representative Walker of the 115th:
A bill to repeal an Act known as the Municipal Home Rule Law; to provide for the construction of this Act.

HB 529. By Representative Knight of the 67th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to clarify the credit to be allowed for returned property; to provide a procedure for granting of such credit.

HB 490. By Representative Miles of the 86th:
A bill to amend Section 92-3106 (a) of the Code of Georgia, relating to personal exemptions for income tax purposes, so as to provide for a more explicit explanation of the allowable personal exemptions.

The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

HR 469. By Representatives Linder of the 44th, Murphy of the 18th, Egan of the 25th 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 Con stitution of the United States.

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The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 453. By Senator Banks of the 17th:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended, so as to change the provisions relating to travel by members of interim committees; to provide an effective date. Referred to Committee on Rules.

SB 454. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Jekyll Island-State Park Author ity Act", as amended, so as to change the membership of the Authority; to change the provisions relating to quorums. Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 455. By Senator Langford of the 51st:
A bill to amend Code Chapter 24-26, relating to judges of the superior courts, as amended, so as to provide for the payment of compensation, expenses and mileage for certain retired judges of the superior courts while serving as judge of the superior courts; to authorize such service. Referred to Committee on Appropriations.

SB 456. By Senator Howard of the 42nd:
A bill to amend Code Section 26-2001, relating to rape, so as to delete the provision that no conviction shall be had for rape on the unsupported testimony of the female. Referred to Committee on Judiciary.

SB 457. By Senator Howard of the 42nd:
A bill to amend Code Chapter 38-2, relating to the admission of evidence, as amended, so as to make certain evidence inadmissible in a prosecution for rape. Referred to Committee on Judiciary.

SB 458. By Senator Howard of the 42nd:
A bill to amend Code Chapter 38-2, relating to the admission of evidence, as amended, so as to make inadmissible certain evidence in a prosecution for rape which relates to past sexual behavior; to provide procedures for determining if such evidence is admissible or inadmissible. Referred to Committee on Judiciary,

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51

SB 459. By Senators McGill of the 24th, Turner of the 8th, Garrard of the 37th and others:
A bill to authorize the Commissioner of Agriculture to quarantine or detain animals, poultry, or animal and poultry products suspected of bearing or containing residue of substances that would cause the animal's resultant meat or the product to be unfit for human consumption and to authorize the Commissioner to destroy such unfit matter.
Referred to Committee on Agriculture.

SB 460. By Senators Russell of the 10th, Tinimons of the llth, Turner of the 8th and others:
A bill to amend an Act known as the "Department of Agriculture Registration, License and Permit Act", so as to provide that all license registration and permit certificates published by the Department of Agriculture shall, upon issuance, be permanent evidence of the pertinent license, registration and permit and to preclude the necessity of republication and reissuance of certificates for periodically renewable licenses, registrations and permits.
Referred to Committee on Agriculture.

SB 461. By Senators Russell of the 10th and Timmons of the llth:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle other than law enforcement vehicles to be operated with flashing or revolving blue lights, as amended, so as to authorize physicians to operate their personal, private motor vehicles with flashing or revolving red lights under certain conditions.
Referred to Committee on Transportation.

SB 462. By Senators McDowell of the 2nd, Kidd of the 25th, Riley of the 1st and others:
A bill to amend Code Chapter 108-4, relating to powers, duties and liabilities of trustees, as amended, so as to provide that loans to small business firms guaranteed by the Small Business Administration shall constitute valid investments for certain institutions. Referred to Committee on Banking, Finance and Insurance.

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and with out legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.
Referred to Committee on Banking, Finance and Insurance.

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, relating to actions, as amended, so as to

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add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limitations rel ative to certain actions.
Referred to Committee on Human Resources.

SB 465. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 7, relating to arbitration and award, so as to add a new Code Chapter relating to arbitration of medical malpractice claims; to provide for definitions; to authorize the arbitration of certain claims; to provide for petitions and court orders relative to such arbi tration.
Referred to Committee on Human Resources.

SR 259. By Senators Lester of the 23rd, Starr of the 44th, McGill of the 24th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide that the General Assembly shall have the authority to enact legisla tion to classify and subclassify real property according to its use for purposes of taxation and to establish a ratio of assessment to value in each class or subclass.
Referred to Committee on Banking, Finance and Insurance.

SR 260. By Senators Lester of the 23rd, Riley of the 1st, Tysinger of the 41st, Howard of the 42nd, Brantley of the 56th and others:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of each county and municipality, subject to the approval of the electors of such political subdivisions, to exempt certain tangible personal property which is in transit from ad valorem taxation.
Referred to Committee on Banking, Finance and Insurance.

The following bills and resolution of the House were read the first time and referred to committees:
HB 490. By Representative Miles of the 86th:
A bill to amend Section 92-3106 (a) of the Code of Georgia, relating to personal exemptions for income tax purposes, so as to provide for a more explicit explanation of the allowable personal exemptions. Referred to Committee on Banking, Finance and Insurance.

HB 529. By Representative Knight of the 67th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to clarify the credit to be allowed for re turned property; to provide a procedure for granting of such credit. Referred to Committee on Banking, Finance and Insurance.

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53

HB 1228. By Representative Walker of the 115th:
A bill to repeal an Act known as the Municipal Home Rule Law; to provide for the construction of this Act. Referred to Committee on County and Urban Affairs.

HR 469. By Representatives Linder of the 44th, Murphy of the 18th and Egan of the 25th: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitu tion of the United States.
Referred to Committee on Appropriations.
The following report of a standing committee was read by the Secretary:

Senator Reynolds of the 48th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 442. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

Senator Holloway of the 12th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Banks Barker Barnes Bell Bond Brantley Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Foster

Gillis Hamilton of 26th Hill Holley Hudgins Kennedy Kidd Langford Lester Lewis McDowell Overby Pearce

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Thompson Turner Tysinger Warren Young

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Those not answering to their names were Senators:

Ballard Broun of 46th Brown of 47th Coverdell Pincher Garrard

Hamilton of 34th Holloway (presiding) Howard Hudson McDuffie McGill

Reynolds Russell Sutton Tate Timmons Traylor

Senator Stumbaugh of the 55th introduced the chaplain of the day, Rev. Ronald King, Associate Pastor of the First Baptist Church of Avondale Estates, Georgia, who offered prayer.

The President assumed the Chair.

SENATE CALENDAR
Thursday, January 15, 1976
HB 131 Banks and Banking -- redefine certain terms
The following general bill of the House, having been lost on February 20, 1975, reconsidered on February 21, 1975, committed to the Committee on Banking, Finance and Insurance on February 21, 1975, favorably reported by the com mittee on January 14, 1976, was put upon its passage:
HB 131. By Representatives Greer of the 43rd, Gignilliat of the 122nd, Cole of the 6th and others: Senate Sponsor: Senator Holley of the 22nd.
A bill to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking so as to define and redefine certain terms; to authorize the Commissioner of the Department of Banking and Finance to regulate the acquisition and control of stocks in banks and bank holding companies by bank holding companies.
Senator Ballard of the 45th offered the following amendment:
Amend HB 131 by adding in the title of the bill at line 6 on Page 1 after the word "and", the following:
"to provide for the rights of dissenting shareholders in the event of the conversion, merger, or consolidation of a bank or trust company with a bank holding company or the control of a bank or trust company as provided by law is transferred to a bank holding

by striking in Section 1 the same in its entirety and substituting in lieu the following :
"Section 1. (a) Code Chapter 13-2, relating to preliminary provisions relative to banks and banking, as amended, is hereby

THURSDAY, JANUARY 15, 1976

55

amended by striking subsection (e) of Code Section 13-201.1, re lating to other definitions, as amended, and substituting in lieu thereof a new subsection (e) to read as follows:
"(e) The term 'bank holding company' as used in this Title means 'bank holding company' as defined in Code Section 13-207."

(b) Code Section 13-203, relating to branch banks and Code Section 13-203.1, relating to bank offices and bank facilities, are hereby amended by striking both sections in their entirety and substituting in lieu thereof a new Code Section 13-203 to read as follows:
"13-203. A parent bank, subject to the conditions provided by law, may, upon obtaining approval and a permit from the Commis sioner of the Department of Banking and Finance, establish and operate a bank within this state. Further, said Commissioner may approve with respect to any county, the establishment of bank offices or bank facilities, without specific limitations on the number, anywhere in the county in which the parent bank is situated. Expenditures for bank offices and bank facilities shall be strictly controlled, in the public's interest, by the Commissioner."; and

by adding in Section 3 a new subparagraph (a) (7) at line 19, Page 7 as follows:
"(7) A shareholder of a bank or trust company, whether orga nized under the laws of this state, any other state of the United States, the laws of the United States, or the laws of any foreign government, doing business in this State, who votes against or ob jects in writing to the conversion, merger, or consolidation of said bank or trust company with a bank holding company, or who votes against or objects in writing to the change in control of or transfer of control of such bank or trust company to the control of a bank holding company, as provided by law, (Code 41A-2013) shall be en titled to receive from such bank holding company the fair market value of the shares held by him, if and when the conversion, merger, consolidation or change in control is consummated as provided by law. Upon written request made to the bank holding company at any time before thirty days after the date of consummation of such conversion, merger, consolidation, or change in control accompanied by the surrender of his stock certificates to said bank holding company in negotiable form, such shareholder shall be entitled to receive payment for his stock in cash or other property of value agreeable to the parties.

The value of such shares if not agreed to by the parties shall be determined as provided in the Arbitration and Award Laws of this State, Georgia Code Title 7."; and

by adding in the title of the bill at line 4 on Page 1 after the word "Finance" the following:

"to authorize the establishment of banks by a bank in any county;".

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Senator Ballard of the 45th offered the following amendment:

Amend the amendment offered by Senator Ballard of the 45th to HB 131 by striking on Page 3, 3rd line from the bottom, the word "county" and inserting in lieu thereof the word "State".

On the adoption of the amendment to the amendment, Senator Overby of the 49th called for the yeas and nays; and the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Carter Doss Duncan Foster

Gillis Kennedy Lewis Overby Stumbaugh

Summers Sutton Traylor Warren Young

Those voting in the negative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Eldridge Fincher Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kidd Langford Lester McDowell McDuffie McGill

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Tate Thompson Timmons Turner Tysinger

On the adoption of the amendment, the yeas were 15, nays 41, and the amend ment to the amendment was lost.

On the adoption of the amendment offered by Senator Ballard of the 45th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Doss Duncan

Foster Overby Summers

Sutton

Those voting in the negative were Senators:

Banks Barker Barnes

Bell Bond Brantley

Broun of 46th Brown of 47th Carter

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57

Coverdell Dean of 6th Dean of 31st Eldridge Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren Young

On the adoption of the amendment, the yeas were 7, nays 49, and the amendment was lost.

Senator Reynolds of the 48th offered the following amendment:
Amend HB 131 by adding in the title of the bill at line 6 on Page 1 after the word "and", the following:
"to provide for the rights of dissenting shareholders in the event of the conversion, merger, or consolidation of a bank or trust com pany with a bank holding company or the control of a bank or trust company as provided by law is transferred to a bank holding company."; and
by adding in Section 3 a new subparagraph (a) (7) at line 19, Page 7 as follows:
"(7) A shareholder of a bank or trust company, whether organized under the laws of this state, any other state of the United States, the laws of the United States, or the laws of any foreign government, doing business in this State, who votes against or ob jects in writing to the conversion, merger, or consolidation of said bank or trust company with a bank holding company, or who votes against or objects in writing to the change in control of or transfer of control of such bank or trust company to the control of a bank holding company, as provided by law, (Code 41A-2013) shall be entitled to receive from such bank holding company the fair market value of the shares held by him, if and when the conversion, merger, consolidation or change in control is consummated as pro vided by law. Upon written request made to the bank holding com pany at any time before thirty days after the date of consummation of such conversion, merger, consolidation, or change in control accompanied by the surrender of his stock certificates to said bank holding company in negotiable form, such shareholder shall be entitled to receive payment for his stock in cash or other property of value agreeable to the parties.
The value of such shares if not agreed to by the parties shall be

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determined as provided in the Arbitration and Award Laws of this State, Georgia Code Title 7."

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

Those voting in the affirmative were Senators:

Ballard Carter Dean of 31st Doss Duncan Foster

Gillis Kennedy Lewis McGill Overby Reynolds

Those voting in the negative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th
Eldridge Fincher Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kidd Langford Lester McDowell McDuffie

Shapard Summers Sutton Traylor Turner Young
Pearce Riley Robinson Russell Starr Stephens Stumbaugh Tate Thompson Timmons Tysinger Warren

On the adoption of the amendment offered by Senator Reynolds of the 48th, the ayes were 18, nays 38, and the amendment was lost.

Senator Turner of the 8th offered the following amendment:
Amend HB 131 by striking the date "July 1, 1975," wherever the same shall appear and inserting in lieu thereof the date "July 1, 1976".

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

Those voting in the affirmative were Senators:

Ballard Carter Dean of 31st Doss Duncan Foster Gillis

Kennedy Lewis McGill Overby Reynolds Shapard Summers

Sutton Timmons Traylor Turner Young

THURSDAY, JANUARY 15, 1976

59

Those voting in the negative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Eldridge Fincher Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kidd Langford Lester McDowell McDuffie

Pearce Riley Robinson Russell Starr Stephens Stumbaugh Tate Thompson Tysinger Warren

On the adoption of the amendment offered by Senator Turner of the 8th, the yeas were 19, nays 37, and the amendment was lost.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Bell Bond Brantley Broun of 46th Coverdell Dean of 6th Eldridge Fincher Garrard Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson Kidd Langford Lester McDowell McDuffie

Those voting in the negative were Senators:

Ballard Barker Barnes Brown of 47th Carter Dean of 31st Doss
Duncan

Foster Gjillis Hamilton of 26th Kennedy Lewis McGill Overby
Reynolds

Pearce Riley Robinson Russell Starr Stephens Stumbaugh Tate Thompson Tysinger Warren
Shapard Summers Button Timmons Traylor Turner Young

On the passage of the bill, the yeas were 33, nays 23.

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

The President stated that the Senate would stand in recess until after the Joint Session, at which time they would return to the Senate floor to continue their deliberations.

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The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the Budget message by His Excellency, Governor George Busbee, was called to order by the President of the Senate. HR 461 authorizing the Joint Session of the Senate and House was read by the Secretary of the Senate.

His Excellency, Governor George Busbee, addressed the Joint Session of the Senate and House of Representatives as follows:
Charles Dickens opened a famous novel with these immortal words, "It was the best of times, it was the worst of times." Although some state officials and employees might claim that only the last half of this quote is pertinent to Georgia today, I think Mr. Dickens has vividly described our era in history.
It is indeed much easier to make a case for Georgia suffering through "the worst of times" insofar as the state's financial picture is concerned. My first year in office has been a fiscal nightmare at times. In only 12 months we have been forced to trim our revenue estimate for fiscal year 1976 three times for a total of $156 million. We have been forced to call a budget-cutting special session, impose freezes on employment and other expenditures, and make two rounds of austerity budget cuts.
Yet, the sun is beginning to peek through the clouds. We can look forward to a healthy growth in revenue for the Fiscal Year 1977. Most of the advance indicators of economic well-being are rising. The question is no longer when will we get recovery but how rapidly it will occur.
My budget proposals for the last half of this Fiscal Year 1976 and for the next Fiscal Year 1977, have already been publicly announced and you have received copies of the four printed budget volumes.
Thus, in my address today I am not going to outline my specific budget recommendations, but I will attempt to put into perspective the economic and various policy matters that have major impacts on the 1977 budget . . . and for that matter on budgets for years to come.
I am proposing for Fiscal Year 1977 a state budget totaling $1.922 billion. This represents an increase of $129,309,319.46, or 7.2 percent increase, over the proposed amended FY 1976 budget of $1,792,690,680.54 which I have recommended to you.
I have made speeches for many years bragging on the fact that Georgia has, along with the state of Kentucky, the best fiscal laws in this nation.
This has been true as long as you have had a surplus to meet shortfalls. But for Fiscal Year 1977 we won't have a surplus for the first time in recent history.
The law requires me as director of the budget to submit to you a budget report which must include my revenue estimate. Of course, a revenue estimate is a. starting point in writing a budget.

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61

I would like to describe in some detail the method by which these two budgets for 1976 and 1977 were put together and then I want to make a specific recommendation which will protect our financial integrity for many years to come.

I hold here the Budget Report, Volume I, for the Fiscal Year 1977. This is a budget that the Constitution requires that I submit to you outlining my revenue estimate and my recommended expenditures to operate state government.

I made the basic decisions on this budget after numerous hearings with budget officers, department heads and others, and after much study. I completed this document for Fiscal Year 1977 in the early part of December.

At that time we were experiencing further revenue shortfalls, and the economy had not begun to recover to the extent that had been forecasted.

As a result, I instituted a crash program to reduce my revenue estimate for Fiscal Year 1976 by $57 million in the amended budget I hold in my hand.

I got through with this amended budget for this year on Christmas Eve night. It was necessary then that these budgets be printed and submitted to you. If I'd had an additional two weeks, five weeks or twelve weeks I could have continually improved on both budgets. At this time, I would like to point out something that has not previously been discussed. If you look on page four of Volume I in the third column, you will see for each department the budget for Fiscal Year 1976. What I would like to explain to you now is that the figures in this column, totaling $1,841,125,219.62 represent the level of operation for these departments as was amended by you at the Special Session in House Bill 1-Ex.
It does not reflect the additional austerity cuts and other cuts that were made in the amended budget report for Fiscal Year 1976.

Now, with this explanation, let me first address the revenue estimate contained for Fiscal Year 1977.
To finance the budget, the state expects to collect $1.888 billion in revenue during the Fiscal Year beginning next July.
This revenue estimate is $200 million or 11.8 percent greater than the revised revenue estimate of $1.688 billion for the Fiscal Year 1976.
This would be the largest increase in total dollars in Georgia's history. But the dollar increase is not as significant as it might seem at first glance. The percentage increase is much lower than in most recovery periods. This is a significant point to keep in mind and I will return to it later.
All Governors rely on economists to forecast revenues. This year,

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our estimator, Dr. Henry Thomassen, gave me a range from which to select, and I chose the lowest and most conservative of Dr. Thomassen's ranges.
I think this is a good estimate and I think the economic indicators bear this out. Let's examine some of that evidence.

When the original fiscal year 1976 revenue estimate was made in December of 1974, our economy was still spinning downwards. We could see an upturn ahead but the timing in revenues was somewhat more uncertain. Though the economy turned up in the spring as expected, a series of documentable factors, like the federal energy policy and the LIFO carryback adoptions by corporations, made the revenue upturn later than expected.
We are now in a different posture. The economy is climbing instead of falling. That makes forecasting somewhat easier.

On the national scene, the strengthening economic recovery is obvious.
According to the forecast of 60 leading economists who comprise the forecasting group of the National Bureau of Economic Research, the Nation's Gross National Product will increase by 12 percent during calendar year 1976, with a continuation into 1977.

While state revenue isn't rigidly in step with GNP's behavior, a correlation can be expected. Especially is this so in view of the signs that Georgia's economy is going to perform as well or better than the national economy during the recovery, as it has done historically.

During the 1973-74 recession, Georgia dropped from 20th to 47th in income growth among the states because of sagging construction, manufacturing and trade . . . the latter because of its emphasis on textiles and wholesale and retail trade.

During the first half of the calendar year 1975, Georgia wheeled back to the 13th position with a 13 percent growth rate, which was 30 percent ahead of the nation. Georgia's growth in the next 12 months will then probably be ahead of the 12 to 14 percent expected nationally.

Specific indicators in Georgia already signal this strength. For instance, retail sales are up 17 percent. Automobile sales are soaring 35 percent. Textiles, apparel and carpet manufacturers report similar sharp upturns in activity.

With so many signs of economic improvement, an increase in next year's revenue of 11.8 percent--just seven-tenths of one percent higher than the amended forecast for the balance of FY 1976--seems reasonable.
But after arriving at this estimate, and without criticizing Dr. Thomassen, and knowing what the answer would be, I asked Hank, "Hank, can you guarantee me that we will collect $1.888 billion during the Fiscal Year and not a nickel less?" He explained that he thought

THURSDAY, JANUARY 15, 1976

63

he was right. On the one hand, if these economic indicators continued upward as all of the economists predicted, Dr. Thomassen said things would be rosy. But then he said, on the other hand, if we have changes in national economic policies, or if an energy package were to be adopted to face the threat of another oil embargo, and if ..... and if.... and if on the other hand ..... and I didn't hear the balance of his answer. But I am reminded that President Truman once asked his revenue estimator about the economy and the economist told him that if on the one hand things occurred, things would be thus and so, but if on the other hand, certain things did not occur, it would be another .... and old Harry came back and responded ...... "If I could just find a one-armed economist, I wouldn't have any problems." I know how he felt.
Seriously, ladies and gentlemen, I think that Dr. Thomassen and other forecasters that have been used in this state have done well. Our track record in Georgia has been exceedingly good over the last dozen years, but in the past year we have seen the perils of what can happen when revenues fall short ..... and you don't have a surplus to fall back on.
If Georgia were the only state retrenching from estimates too high in the past year, we could attribute our problems to poor revenue forecasting, but that is not true. States all through the nation have suffered the same traumas, most have been forced to make far bigger cuts or raise taxes. I have spent many sleepless nights, over the past few weeks worrying about what would happen if we put together a sound budget ..... and then we had another oil embargo or some other international or national incident that plays havoc with our economy.

We're not like the federal government. We can't print money in the basement of the Capitol. We're not going to be like New York City and borrow ourselves into bankruptcy. Our fiscal laws prevent us from that kind of foolishness, but they don't give us any room for error. And this is something we need to face up to.
We cannot afford another Special Session of the Georgia Legislature which might result in further disappointment to our teachers, state employees and University System personnel. When you adjourn in March, you should not have to return to Atlanta as a body until January of 1977.
To insure this, I ask first that you not increase the spending level in any program of state government beyond my budget recommendations already submitted to you. Second, support me in a continuation of the austerity directives to state department heads. The freeze would con tinue on not filling vacant positions except to meet critical needs and as you can gather from the past there are not going to be many critical needs.
The freeze would also continue on the purchase of equipment over $300, unnecessary printing and on non-essential out-of-state travel.

These are short-range solutions. But we all know this is not going to be a short-range problem. Let's be realistic. Let's tell it like it is. I

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say to you ladies and gentlemen today that if we're serious about financial responsibility--we need to take the long view.

It's time to recognize that we're courting disaster when we try to operate state government in 1976 with a 1942-sized reserve.

It is absolutely essential that we establish a sufficient revenue shortfall reserve to cover unexpected contingencies in revenue fore casting. After printing both the amended budget report and the budget report for Fiscal Year 1977, and before this session started, I began to meet with the Lt. Governor, the Speaker, your Appropriations chairman of each house, your budget officer and others and we all recognized this problem.
We have been working long ... we have been working hard in an effort to come up with a safeguard that will protect the people of this state from a financial crisis that might result from any shortfall in revenue during next year or any future year.
When the working reserve was first established in 1942 at a level of $21,641,254.13 -- the same as today without a penny's change-- the State's budget was only $49,339,657.18.
Thus, the working reserve in 1942 represented 43.9 percent of the total budget.
In contrast, the working reserve would represent only 1.1 percent of the proposed Fiscal Year 1977 budget--or sufficient funds only to operate the state for a little over five days.
While the budget has increased 39 times since 1942, the working reserve has remained the same.
On Sunday, I announced to the Press at a budget briefing, my intention to seek an increase of $3,358,745.87 in the working reserve to increase it to $25 million in the Fiscal Year 1977 and that is in your big budget. Since the House began its deliberating on the amended budget, I have worked with the leadership in an effort to increase this $25 million and it has been increased a total of $4,852,605.

I have previously expressed the hope that during my administration we would be able to create a reasonable working reserve to meet revenue shortfalls.
All week long I have been working with the Lt. Governor, the Speaker, the Chairmen of the Appropriation Committees and their sub committees in an effort to establish a consensus on this principle.

I realize this is a matter that addresses itself to each member of the General Assembly. It is not binding on you as independent legislators, but it is something which I wholeheartedly recommend.

As I have previously stated, we have already increased the $21.6 million working reserve as it left the House to almost $30 million.

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65

It is our proposal that this revenue shortfall reserve be evened out at $30 million in the amended budget for FY 1976 and that this be lineitemed as a separate budget classification for the purpose of meeting any revenue shortfall.

Then it is our recommendation that this reserve fund be increased in the FY 1977 budget by an additional $20 million to a level of $50 million.
I think that all of you can readily see that this would necessitate cutting $20 million out of my recommendations for FY 1977.

This can be done by extending most of the Fiscal Year 1976 austerity cuts into the 1977 budget, which was complete before the austerity cuts were recommended.

You would then have a separate appropriation for revenue shortfall reserve the sum of $50 million.

I have previously said that we need a minimum of a 3 percent reserve for this purpose. This would require a total of approximately $60 million.

Although my recommendations so far provide a $50 million reserve, I would like to point out that in all likelihood we will have available an additional $10 million for this purpose though at this time we cannot appropriate it to the revenue shortfall reserve.

Federal revenue sharing legislation expires on December 31, and I am informed by Congressional leaders that there is little likelihood that this act will be extended before you have adjourned and thus this money could not be appropriated.

Almost everyone in Washington agrees that in this political year, revenue sharing will be extended at least at its present level and some are proposing more.

In the event it is extended after you have adjourned to the present level, Georgia will receive the sum of approximately $10 million which will be received in Fiscal Year 1977 and would, in effect, give us a 3 percent reserve.

While I recognize that it takes a period of time to build the reserve, particularly in these austere times, our budget laws should be amended to require a 3 percent working reserve in the future. Thus, a $3 billion budget would carry a $90 million reserve.

The leadership of the House and Senate has agreed to support legislation to this effect and I strongly urge your support. I anticipate that it will be introduced in the Senate this week.

Before highlighting some of the recommendations in my budget report, I must point out that we have recommended the restoration of

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one austerity cut in the Board of Regents because of the adverse court decision of University System pay raises.

As you know, the Board of Regents suffered an austerity cut of $2.6 million in resident instruction and an additional $11.5 million as a result of the court suit.

While we recognize that we cannot restore the $11.5 million that must be paid in raises because of the court suit, it is our unanimous recommendation that the austerity cut of $2.6 million be restored in its entirety.
The House has already restored $1.3 million of this.

Under my proposal, teachers will receive a 7 percent raise next September 1. This will increase the average pay of regular classroom teachers from $8,914 to $9,538 under the current Teachers' Salary Index. Of course, most teachers receive local supplements which will increase this average salary even more.

Bus drivers will receive an 8.8 percent increase which will raise their annualized salary to $2,400, also effective September 1.

The University System will be provided funds to continue the five percent average pay raises ordered by the Georgia Supreme Court to go into effect during the current year. This includes a $400 minimum for non-academic personnel.

State employees will receive a four percent raise, with a $400 minimum and an $800 maximum. The raises will go into effect July 1 of this year instead of September 1 as was planned last year.

There has been one more action taken recently that necessitates another change. Yesterday, the Board of Regents adopted a 10 percent increase in tuition in order to partially offset the effect of the Supreme Court ruling on pay raises.
This will mean an additional $1.6 million for this year, but next year this will amount to approximately $6 million. It is my recom mendation and it is the unanimous recommendation of the leadership of the House and Senate that these additions of funds be used to provide at least a 2.5 percent in-step merit increase for all academic and non-academic personnel for the first time.
As you know, we presently have in-step increases for merit system employees and for teachers under the salary index system, but University System personnel have been totally left out in the past.
In closing ..... let me say that for many years I participated actively in the appropriations process in which you are now involved.
I have always had a special feeling ..... and a special fascination with the appropriations process ..... because I think it is the real heart and soul of government.

THURSDAY, JANUARY 15, 1976

67

I respect that process. I respect the independence of it ..... and the importance of it.

Our responsibilities to the budget are separate ..... but our duty is mutual. I have tried to submit to you a budget which is responsible.... realistic and fair.

I look forward to working with you as we complete this process which is so important to the future of our state and the aspirations of our people.

Senator Riley of the 1st moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

Pursuant to the previously announced recess, the Senate reconvened at 12:45 o'clock P.M., and was called to order by the President.

Senator Doss of the 52nd introduced the doctor of the day, Dr. M. C. Adair, of Rome, Georgia.

The following resolution of the Senate was read and adopted:

SR 263. By Senators Tate of the 38th and Bond of the 39th:
A resolution honoring the memory of Reverend Martin Luther King, Jr., on the anniversary of his birth.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:55 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A. M. tomorrow.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Friday, January 16, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A.M., today, and was called to order by the President.

Senator Kennedy of the 4th reported that the journal of yesterday's pro ceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:

HR 462. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A resolution to provide for a new Constitution for the State of Georgia.

HR 307. By Representatives Whitmire, Wood and Jackson of the 9th: A resolution designating Interstate Highway 365 (1-365) as the "Lanier Land Parkway".
The House has disagreed to the Senate amendment to the following resolution of the House, to-wit:

HR 69. By Representatives Murphy of the 18th, Lee of the 72nd, Vaughn of the 57th and others: A resolution proposing an amendment to the Constitution so as to pro vide that the members of the General Assembly shall receive such com pensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.
The House has adopted the following resolution of the House, to-wit:
HR 515. By Representatives Whitmire, Wood and Jackson of the 9th: A resolution commending the Gainesville Post 7 American Legion Base ball Team.

FRIDAY, JANUARY 16, 1976

69

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 466. By Senators Riley of the 1st, Broun of the 46th, Holloway of the 12th and others: ^
A bill to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the purpose of creating the Revenue Short-fall Reserve in lieu of the Working Reserve.
Referred to Committee on Appropriations.

SB 467. By Senator McDowell of the 2nd:
A bill to amend Code Section 13-207.1, relating to the acquisition of bank shares or assets, as amended, so as to provide for the rights of dissenting shareholders in the event of the conversion, merger, or con solidation of a bank or trust company with a bank holding company or the control of a bank or trust company is transferred to a bank holding company is transferred as provided by law.
Referred to Committee on Banking, Finance and Insurance.

SB 468. By Senators Robinson of the 27th and Starr of the 44th:
A bill to provide for the extradition and attendance of witnesses; to provide for a short title; to provide for definitions; to provide for the summoning of witnesses in this State to testify in another state; to provide for the summoning of witnesses in another state to testify in this State. Referred to Committee on Judiciary.
SB 469. By Senators Tate of the 38th, Bond of the 39th, Hamilton of the 34th and others:
A bill to amend an Act designating public and legal holidays in the State of Georgia, as amended, so as to designate the 15th day of January of each year, known as the birthday of Dr. Martin Luther King, Jr., as a public and legal holiday in the State of Georgia. Referred to Committee on Rules.
SB 470. By Senators Sutton of the 9th and Kidd of the 25th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to change the provisions relative to penalties for viola tions of said Act. Referred to Committee on Banking, Finance and Insurance.
SB 471. By Senators Reynolds of the 48th, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax Law", as amended, so as to change the provisions, relative to certain

70

JOURNAL OP THE SENATE,

exemptions for motor fuel of a type other than gasoline used for nonhighway purposes.
Referred to Committee on Banking, Finance and Insurance.

SB 472. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A bill to provide that landlords shall account to their tenants for interest on security or damage deposits placed with the landlord; to provide the procedures connected therewith. Referred to Committee on Judiciary.

SR 262. By Senator Pearce of the 16th:
A resolution proposing an amendment to the Constitution, so as to re quire persons convicted of the commission of a felony who shall employ the use of a handgun in the commission of the crime to serve at least 10 years imprisonment; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

The following resolutions of the House were read the first time and referred to committees:
HR 307. By Representatives Whitmire, Wood and Jackson of the 9th:
A resolution designating Interstate Highway 365 (1-365) as the "Lanier Land Parkway". Referred to Committee on Transportation.

HR 462. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A resolution to provide for a new Constitution of the State of Georgia. Referred to Committee on Judiciary.

The following reports of standing committees were read by the Secretary:

Senator Broun of the 46th District, Chairman of the Committee on Appropri ations, submitted the following report:

Mr. President:

Your Committee on Appropriations has had under consideration the following bill and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 1227. Do pass by substitute.

HR 469. Do pass.

Respectfully submitted, Senator Broun of the 46th District, Chairman

FRIDAY, JANUARY 16, 1976

71

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:

Mr. President:
Your Committee on Industry, Labor and Tourism, has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 206. Do pass. SB 350. Do pass as amended.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 226. Do pass. SB 414. Do pass by substitute. SB 415. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:

SB 399. Do pass.

Respectfully submitted, Senator Eldridge of the 7th District, Chairman

The following bill of the Senate was read the second time:

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JOURNAL OF THE SENATE,

SB 422. By Senators Carter of the 14th, Young of the 13th, Hudgins of the 15th and others:
A bill to amend Code Section 95A-961, relating to the circumstances under which certain vehicles may exceed the prescribed weight, width and length limitations, as amended, so as to provide the circumstances under which permits may be issued which would authorize vehicles to extend up to and including 168 inches when transporting mobile homes.

Senator Tysinger of the 41st introduced the chaplain of the day, Rev. Charles A. Duffey, pastor of the First United Methodist Church of Chamblee, Georgia, who offered scripture reading and prayer.

Senator Bell of the 5th introduced the doctor of the day, Dr. J. R. B. Hutchinson of Atlanta, Georgia.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan
Eldridge
Fincher
Foster
Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor
Turner
Tysinger
Warren

Those not answering were Senators: Coverdell, Garrard and Young.

Senator Dean of the 6th filed the following statement with the Secretary of the Senate:

Mr. President:
I vote in favor of House Bill 131 for the following reasons:
Last year the majority of the banks in my district were against the Banking Bill. This year all but one of the banks in my district came out for the bill. The letters addressed to me show that seven of the banks in my district are for the bill.

FRIDAY, JANUARY 16, 1976

73

I merely voted the expressions of the majority of the banks in my district. This is the American way--majority rule.
Roscoe Dean, Jr. Senator for the 6th District
The following resolutions of the Senate and House were read and adopted:

SR 261. By Senator Duncan of the 30th:
A resolution urging the Congress of the United States to reenact the State and Local Fiscal Assistance Act of 1972.

SR 264. By Senators Foster of the 50th, Shapard of the 28th, Carter of the 14th and others:
A resolution commending Mr. Frank Tarkenton.

SR 265. By Senators Foster of the 50th, Shapard of the 28th, Carter of the 14th and others:
A resolution commending Mr. Steve Bartkowski.

HR 515. By Representatives Whitmire, Wood and Jackson of the 9th:
A resolution commending the Gainesville Post 7 American Legion Baseball Team.

The following communication from the Secretary of State was read by the Secretary:

SECRETARY OF STATE State Capitol Atlanta 30334
January 15, 1976

Honorable Hamilton McWhorter Secretary of the Senate 352 State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

I am enclosing herewith Certified List of those persons registered in the Docket of Legislative Appearance (numbered 1 through 248) as of 3:00 P.M. Thursday, January 15, 1976, in accordance with Act No.
1294, Georgia Laws, 1970.

With best wishes, I am Enclosure

Sincerely your friend,
/s/ Ben W. Fortson, Jr. Secretary of State

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JOURNAL OF THE SENATE,

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the fifteen pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 1 through 248), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearances for the 1976 Session of the Georgia General Assembly as of 3:00 P.M., Thursday, January 15, 1976, in accordance with Act No. 1294, Georgia Laws, 1970.
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 15th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-Six and of the Independence of the United States of America the Two Hundredth.

/s/ Ben W. Fortson, Jr. Secretary of State.

THOSE REGISTERED IN THE DOCKET OF LEGISLATIVE APPEARANCE -- 1976

1. Gene Dyson Georgia Business and Industry
Association 181 Washington Street, S. W. Atlanta, Georgia 30303
2. James N. Parkman Georgia Business and Industry
Association 181 Washington Street, S. W. Atlanta, Georgia 30303
3. George L. DeMore Georgia Business and Industry
Association 181 Washington Street, S. W. Atlanta, Georgia 30303
4. Tom Raynor Georgia Business and Industry Association 181 Washington Street, S. W. Atlanta, Georgia 30303
5. Jerry R. Griffin Georgia Municipal Association 220 - 10 Pryor Street Bldg.
Atlanta, Georgia 30303 6. Charles B. McReynolds, Jr.
Registered Agent Jimmy Carter for President American Independent Party
94 - llth Street, N. E. Atlanta, Georgia 30309

7. Raymond L. Hill Georgia Hotel-Motel Assn. 1410 Rhodes-Haverty Bldg. Atlanta, Georgia 30303
8. Virginia L. Mickish Georgia Association of Curri
culum and Instructional
Supervision DeKalb County Courthouse,
Rm. 801 Decatur, Georgia 30030
9. Ernest W. LaBelle TRW, Inc.
One Space Park Redondo Beach, Calif. 90278
10. Mary Anne Whatley Apartment Owners and Managers
Association 5600 Roswell Road, N. E. Atlanta, Georgia 30342
11. Ed Deaton Georgia Association of
Educator 2900 Britt David Road Columbus, Georgia 31904
12. Ervin W. Goodroe Building Material Merchants'
Association of Georgia, Inc. Post Office Box 13 Perry, Georgia 31069

FRIDAY, JANUARY 16, 1976

75

13. Isabel C. Campbell Registered Agent DeKalb Community College Professional Association of Georgia Educators 5309 Hugh Howell Road Stone Mountain, Georgia 30083
14. Barbara Van Gelder American Civil Liberties Union of Georgia 88 Walton Street, N. W. Atlanta, Georgia 30303
15. Roy W. Sockwell Christian Science Committee on Publications 3379 Peachtree Road, N. E. Suite 273 Atlanta, Georgia 30326
16. Paul Earl Moore Southern Tobacco & Candy Assoc. 50 Executive Park Drive, S. Atlanta, Georgia 30329
17. Linda G. Womack Georgia Electric Membership Corporation 148 Cain Street, Suite 845 Atlanta, Georgia 30303
18. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 National Bank of Georgia Building Atlanta, Georgia 30303
19. Marion L. Hudson Georgia Tax Payers Federation Post Office Box 14 Fairburn, Georgia 30213
20 Juanita E. Pate Georgia Association of Mutual Insurance Agents 3300 N. E. Expressway, Suite 1-0 Atlanta, Georgia 30341
21. George Moore Atlanta Car for Hire 792 Bankhead Avenue, N. W. Atlanta, Georgia 30318
22. Reverend Ralph R. Smith Atlanta Car for Hire 792 Bankhead Avenue, N. W. Atlanta, Georgia 30318
23. Tom Boiler National Bank of Georgia 34 Peachtree Street Atlanta, Georgia 30303

24. Stewart Huey Registered Agent Building Owners and Managers of Atlanta Georgia State Association of Life Underwriters Georgia Tire Dealers and Retreaders Association American Subcontractors Association, Georgia Chapter 2200 Park Lane Drive Atlanta, Georgia 30345
25. James R. Loyd Registered Agent Building Owners and Managers of Atlanta Georgia State Association of Life Underwriters Georgia Tire Dealers and Retreaders Association American Subcontractors Association, Georgia Chapter 2200 Park Lake Drive Atlanta, Georgia 30345
26. J. B. Polhill, III Georgia Electric Membership Corporation 148 Cain Street, Suite 845 Atlanta, Georgia 30303
27. Ron Widener Georgia Independent Automobile Dealers Association 200 Wendell Court, Suite 207 Atlanta, Georgia 30336
28. Herman N. Spence Georgia Home Furnishings Assn. 14 G 2 Atlanta Merchandise Mart Atlanta, Georgia 30303
29. Dan E. Walters Georgia Home Furnishings Assn. 866 West Peachtree St., N.W. Atlanta, Georgia 30308
30. C. D. Ellington Apartment Owners and Managers Association 200 Candler Building Atlanta, Georgia 30303
31. Horton H. Herrin Georgia Society of Professional Engineers Suite 770 1371 Peachtree Street, N. E. Atlanta, Georgia 30309

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JOURNAL OF THE SENATE,

32. Bill P. Bates Standard Oil Company P. 0. Box 1706 Atlanta, Georgia 30301
33. Dexter Gatehouse Georgia Retail Pood Dealers
Assn. 1087 Katherwood Drive, S. W. Atlanta, Georgia 30310 34. Wayne Stanford Georgia Retail Pood Dealers
Assn. 1087 Katherwood Drive, S. W. Atlanta, Georgia 30310 35. Don Rooks Georgia School Boards Assn. 232 Stock-wood Drive Woodstock, Georgia 30188 36. Don Tomlinson Georgia School Board Assn. 4 Cardinal Drive Newnan, Georgia 30263 37. E. C. Mitcham Georgia Association of
Educators 3951 Snapfinger Parkway Decatur, Georgia 30032 38. Judge G. Sisk National Association of Retired
and Veteran Railway Employees, Inc. 390 Lake Drive Hapeville, Georgia 30354 39. Harold Gray Georgia Mobile Home Assn. Box 2121, Castlewood Estates West Mableton, Georgia 30059 40. Charlotte Gattis Georgia Mobile Home Assn. Box 2121 Castlewood Estates West Mableton, Georgia 30059 41. Harold Sheats Association of County Commissioners of Georgia 2036 Headland Drive East Point, Georgia 30344
42. Ben P. Johnson, III Citizens and Southern National Bank 1200 C&S Nat'1 Bank Bldg. Atlanta, Georgia 30303
43. W. Wheeler Bryan Consumers' Utility Counsel 310 Rhodes Haverty Building Atlanta, Georgia 30303

44. Elizabeth B. Hammond Office of Consumers' Utility Counsel 310 Rhodes Haverty Bldg. Atlanta, Georgia 30303
45. Bill McBrayer Registered Agent Georgia Retail Association Atlanta Automobile Assoc. 14-A-10 Atlanta Merchandise Mart Atlanta, Georgia 30303
46. Wilbur T. Fitzgerald Georgia Municipal Association 220 - 10 Pryor Street Atlanta, Georgia 30303
47. Aubrey Thompson Villines, Jr. Georgia Nurses Association 2924 Marlin Circle Atlanta, Georgia 30341
48. Cheatham E, Hodges, Jr. Registered Agent Georgia Catholic Conference Forward Augusta Suite 200, 209 7th Street Augusta, Georgia 30902
49. Barron Thorpe Registered Agent Georgia Wholesale Grocers Assn. Georgia Assn. of Convenience Store 909 Georgia Power Building Macon, Georgia 31201
50. Pam Flournoy A A U W, Atlanta Branch 356 Redwood Drive, S. W. Marietta, Georgia 30060
51. Pat Jeanson A A U W, Georgia State Div. 4790 Olde Village Lane Atlanta, Georgia 30341
52. Tom Watson Brown Registered Agent Ga. Assn. of Broadcasters MARTA Lake Lanier 800 Pulton Federal Bldg. Atlanta, Ga. 30303
53. John Langsfeld Association County Com missioners of Georgia 1124 Carnegie Building Atlanta, Ga. 30303

FRIDAY, JANUARY 16, 1976

77

54. T. H. Resseau, Jr. Georgia Milk Producers, Inc. 177 Washington Street, S. W. Atlanta, Georgia 30303
55. William A. Moore Georgia Milk Producers, Inc. 177 Washington Street, S. W. Atlanta, Georgia 30303
56. Loraine Penn Licensed Practical Nurses 2628 Godfrey Drive, N. W. Atlanta, Georgia 30318
57. J. W. Morgan Independent Bankers Assn. of Ga. Box 106 Covington, Georgia 30209
58. Ed Bayley
Professional Firefighters
of Ga. P. 0. Box 933 Marietta, Ga. 30060 59. David Terpstra Professional Firefighters
of Ga. --Local #1460 P.O. Box 933 Marietta, Ga. 30060 60. Mrs. Dorothy J. Tracy League of Women Voters of
Georgia 3037 Slaton Drive, N. E. Atlanta, Ga. 30305 61. Wilton Hill Georgia School Bus Drivers
Association Box 158 Reidsville, Georgia 30453 62. Horace H. Smith Firefighters of Georgia --
Local #2482 Box 56 Riverdale, Ga. 30374 63. Larry Bass Firefighters of Georgia --
Local #2482 3059 Larose Street East Point, Ga. 30344
64. Larry Britt Firefighters of Georgia -- Local #2482 4060 Janice Drive East Point, Ga. 30344
65. Harley W. Jones Firefighters of Georgia -- Local #2465 4377 Faye Court Conyers, Georgia 30207

66. George L. Harris, Jr. Citizens and Southern National Bank 99 Annex Atlanta, Georgia 30399
67. Louis Trousdale Owens-Illinois 346 San Juan Drive Ponte Vedra Beach, Fla. 32082
68. Jim Groome Mead Corporation Post Office Box 4417 Atlanta, Georgia 30302
69. William A. Binns Union Camp Corporation Post Office Box 570 Atlanta, Georgia 31402
70. Charles L. Jackson Laborers International Union of North America -- AFL-CIO 1951 North Druid Hills Road Atlanta, Georgia 30329
71. Dr. Dupree Jordan Association of Colleges and Universities in Georgia 3960 Peachtree Road, Suite 425 Atlanta, Georgia 30319
72. Judi Rogers Georgia Council, National Association of Social Workers 4734 Winthrop Drive College Park, Georgia 30337
73. Jack W. Houston Ga. Association of Petroleum Retailers P. O. Box 639 Decatur, Georgia 30031
74. Rusty Kidd Medical Association of Georgia 938 Peachtree Street, N. E. Atlanta, Georgia 30309
75. Jason B. Gilliland Life of Georgia Life of Georgia Tower Atlanta, Georgia 30308
76. Harvey R. Brown Consulting Engineers Council, Inc. 210 Bona Alien Building 133 Luckie Street, N. W. Atlanta, Georgia 30303
77. Linda Williams Georgia Federation of Women's Clubs 2220 High Point Trail Atlanta, Georgia 30331

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JOURNAL OF THE SENATE,

78. Herbert C. Green UAW 1280 Winchester Parkway, Suite 131 Smyrna, Georgia 30080
79. Herb Butler UAW 1280 Winchester Parkway Suite 131 Smyrna, Georgia 30080
80. James C. Thompson UAW 1280 Winchester Parkway, Suite 131 Smyrna, Georgia 30080
81. Sam King Academy Schools 219 Norcross Road Norcross, Georgia 30071
82. Mrs. Mary S. Hughes Licensed Practical Nurses 886 Mitchell St., S. W. Atlanta, Georgia 30314
83. Glint G. Sweazea Air Transport Association Atlanta Airport Atlanta, Georgia 30320
84. Phil Paradice Georgia Savings & Loan League 1616 William-Oliver Building Atlanta, Georgia 30303
85. Bill Cummings Georgia Association of Educators Morgan Valley Road Rockmart, Georgia 30153
86. Harold Joiner Georgia Forestry Association 1204 Carnegie Building Atlanta, Georgia 30303
87. Ronald D. Radtke Trident Yacht Club Post Office Box 32586 Decatur, Georgia 30032
88. Marti King Academy Schools 219 Norcross-Tucker Road Norcross, Georgia 30071
89. Charlie Templeton Medical Association of Georgia 938 Peachtree Street, N. E. Atlanta, Georgia 30309

90. Joanna Hanes Registered Agent Georgia Mobile Home Assn. Georgia Taxpayers League Suite 1150 South Omni International Atlanta, Georgia 30303
91. Hubert L. Harris, Jr. C & S National Bank 99 Annex Atlanta, Georgia 30399
92. Eric Holmes Petroleum Council of Georgia, Division, API 230 Peachtree Street, N. W. Atlanta, Georgia 30303
93. Creg Smith Petroleum Council of Georgia, Division, API 230 Peachtree Street, N. W. Atlanta, Georgia 30303
94. Alien Douglas Registered Agent Southern Railway Georgia Chamber of Commerce 134 Peachtree Street, N. W. Atlanta, Georgia 30302
95. Mrs. John A. Dunaway Stop ERA 4904 Lake Forrest Drive, N. W. Atlanta, Georgia 30342
96. Frank E. Coggin Registered Agent City of Hapeville Bank Legislation Consumer Legislation Tax Legislation 1001 International Blvd. Hapeville, Ga. 30354
97. Mrs. Barbara Muntean Clayton County Education Assn. 6073 Kathie Court Ellenwood, Georgia 30049
98. J. Robert Benton Wine Institute 1001 International Blvd. Suite 1104 Atlanta, Georgia 30354
99. Lithangia Shannell Robinson Georgia Assoc. of Educators 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318
100. Beverly Jo Walls Association of County Commissioners of Georgia 323 8th Street, N. E., #5 Atlanta, Georgia 30309

FRIDAY, JANUARY 16, 1976

79

101. Garland H. Williams Fulton County Board of Education 2674 Lancaster Drive East Point, Georgia 30344
102. Kathy Knowles Associated Builders and Contractors 2050 Peachtree Industrial Suite 101 Atlanta, Georgia 30341
103. Ski Bashinski Registered Agent Georgia Funeral Directors Assn. Georgia Motorcycle Dealers Assn. Georgia Au$o & Truck Wreckers Assn. Surveying and Mapping Society of Georgia Suite 123, 3009 Rainbow Drive Decatur, Georgia 30034
104. Harrison W. Bray Georgia Oilmen's Association 3300 Northeast Expressway Atlanta, Georgia 30341
105. F. Abit Massey Georgia Poultry Federation Post Office Box 763 Gainesville, Georgia 30501
106. Don Massey Georgia Poultry Federation Post Office Box 763 Gainesville, Georgia 30501
107. Ed W. Hiles Georgia Savings and Loan League, Inc. 1616 William Oliver Bldg. Atlanta, Georgia 30303
108. Mary Lou Keener Georgia Nurses Association 1060 Lanier Boulevard, N. E. Atlanta, Georgia 30306
109. Edward W. Killorin Registered Agent Georgia State Chamber of Commerce State Bar of Georgia Georgia Society of Certified Public Accountants 4000 First National Bank Tower Atlanta, Georgia 30303
110. Thomas C. Gilliland Georgia Podiatry Association 4000 First National Bank Tower Atlanta, Georgia 30303

111. William F. Morie Georgia Automobile Dealers Assn. 508 Hartford Building Atlanta, Georgia 30303
112. Sims Garrett Georgia Motor Trucking Assn. 500 Piedmont Avenue, N. E. Atlanta, Georgia 30306
113. Eva C. Galambos Committee for Sandy Springs, Georgia 5070 Trimble Road Atlanta, Georgia 30342
114. Martin L. Wells North Fulton County P.T.A. 1215 Spalding Drive, N. E. Atlanta, Georgia 30328
115. W. R. "Bill" Garpow Manufactured Housing Institute Emerson Center 2810 New Spring Road Atlanta, Georgia 30339
116. Thomas C. Watson Independent Bankers Assn. of Ga. 350 East Paces Ferry Rd., N.E. Atlanta, Georgia 30305
117. Glenn Anthony Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303
118. Kent Lawrence Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303
119. James D. King, Jr. MARTA 1300 Equitable Building Atlanta, Georgia 30303
120. Bob Bullington United Transportation Union Post Office Box 80763 Chamblee, Georgia 30301
121. Bruce E. Widener Registered Agent Ga. Utility Contractors Assn. Ga. Water & Pollution Control Assn. Ga. Equipment Distributors Assn. Ga. Well Drillers Assn. 5000 Snapfinger Woods Drive Decatur, Georgia 30032

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JOURNAL OF THE SENATE,

122. Joseph Raymond Foerst Common Cause 2914 Flowers Drive Douglasville, Georgia 30174
123. Bob Cohn Various Horse Interests 100 Colony Square Atlanta, Georgia 30361
124. Michael Bowling Various Banking Interests 100 Colony Square Atlanta, Georgia 30361
125. Adron Harden Georgia Farm Bureau Federation 6870 Riverside Drive Macon, Georgia 31204
126. Robert B. Symonette Georgia Power Company Box 4545 Atlanta, Georgia 30302
127. W. Robert Worley Georgia Power Company Box 4545 Atlanta, Georgia 30302
128. J. Lucius Black Georgia Farm Bureau Route 2 Preston, Georgia 31824
129. Thelma Turley League of Women Voters of Georgia 3974 Lithia Way Lithia Springs, Ga. 30057
130. James M. Bell Registered Agent Sears-Roebuck Ga. Retail Assn. Int'l Council of Shopping Centers Post Office Box 54004 Atlanta, Georgia 30308
131. James A. White, Jr. Registered Agent Home Builders Assoc. of Ga. Ga. Industrial Loan Assoc. Ga. Assoc. of Mineral Producing Industries Ga. Chiropractors Assoc. 1100 Spring Street, Suite 320 Atlanta, Georgia 30309
132. Russell B. Caldwell Georgia Recreational and Parks Legislative Committee 303 Deering Road, N. W. Atlanta, Georgia 30309

133. Thomas C. Parker Atlanta Chamber of Commerce 1300 Commerce Building Atlanta, Georgia 30301
134. Barbara Blum S.A.V.E. 205 River North Drive, N. W. Atlanta, Georgia 30328
135. Betsy Loyless S.A.V.E. 560 West Paces Ferry Rd., N.W. Atlanta, Georgia 30305
136. Ruth Garretson DeKalb League of Women Voters 4215 Newcomb Road Decatur, Georgia 30034
137. Joe Moylan . Georgia Association of Independent Insurance Agents 1252 W. Peachtree St., N.E. Atlanta, Georgia 30309
138. W. E. Cobble Brotherhood of Locomotive Engineers 2427 Shenandoah Ave., N.E. Atlanta, Georgia 30305
139. William E. Renouf Pacific Finance 3781 Northeast Expressway Suite 138 Atlanta, Georgia 30340
140. Denmark Groover Denmark Groover Post Office Box 162 Gray, Georgia 31203
141. Reverend Fred Williams Laborers International Union of North America - AFL-CIO 1069 Forest Valley Drive, S. E. Atlanta, Georgia 30315
142. Lonnie E. Tumlin Laborers International Union of North America - AFL-CIO 6661 West Field Drive
Riverdale, Ga. 30274
143. John W. Cox Ga. Association of Realtors, Inc. 2751 Buford Highway, N.E. Penthouse Floor Atlanta, Georgia 30324
144. Tom Harrold, Jr. Georgia Assoc. of Convenience Stores Post Office Box 1744 Athens, Georgia 30601

FRIDAY, JANUARY 16, 1976

81

145. Dorothy J. Spence Ga. Association of American Institute of Architects 2525 Peachtree Center Bldg. 230 Peachtree Atlanta, Georgia 30303
146. Dorothy L. Love Common Cause 2570 Dresden Drive Chamblee, Georgia 30341
147. M. C. Petersen Oilman Paper Company Box 878 St. Marys, Ga. 31558
148. Charles L. Skinner Georgia Motor Trucking Assn. 500 Piedmont Avenue, N. E. Atlanta, Georgia 30308
149. C. Blackburn Brewer Common Cause 957 Forest Avenue Forest Park, Ga. 30050
150. James P. Martin, Jr. Georgia Society of Certified Public Accountants 1504 William Oliver Building Atlanta, Georgia 30303
151. Troy A. Athon Georgia Nursing Homes Assn. 3250 Memorial Drive Decatur, Georgia 30032
152. Ernest Vandiver Independent Bankers Assoc. Lavonia, Georgia
153. Bryce Holcomb Ga. Soft Drink Assoc. 2508 Carroll Avenue Chamblee, Ga. 30341
154. Talitha M. Russell Georgia Society of Ophthalmology Post Office Box 655 McDonough, Ga. 30253
155. Joe W. Andrews, Jr. Registered Agent Ga. Ind. Meat Packers Assn. Ga. Industrial Loan Assn. Home Builders Assn. of Ga. Mortgage Bankers of Ga. Ga. Chiropractic Assn. Ga. Assn. of Mineral Producers Ga. Retail Jewelers Assn. Post Office Box 801 Macon, Georgia 31202

156. James D. Cone Georgia Recreation Park Society 554 Tallwood Drive Stone Mountain, Ga. 30083
157. John P. Stevens First National Bank 2 Peachtree St., N.E. Atlanta, Georgia 30303
158. Claude R. Glaze Brotherhood of Railway, Airline and Steamship Clerks 525 North Hairston Road Stone Mountain, Ga. 30083
159. Gerald E. Busbee First National Bank of Atlanta Post Office Box 4148 Atlanta, Georgia 30302
160. William Padgett Trust Company Bank Post Office Box 4418 Atlanta, Georgia 30302
161. Steve Nimmer Registered Agent Georgia Automobile Dealers Assn. Georgia Farm Equipment Assn. Post Office Box 269 Blackshear, Georgia 31516
162. Charles R. Scherer Common Cause 4290 Hidden Court College Park, Ga. 30339
163. Albert Louis Holliman Sandy Springs City Committee, Inc. 450 Forest Hills Drive, N.E. Sandy Springs, Ga. 30342
164. Wallace Baldwin, Jr. Registered Agent American Postal Workers Union - AFL-CIO Georgia State AFL/CIO Georgia Parent Teacher Assn. Post Office Box 3232 Atlanta, Georgia 30302
165. Franklin P. Lindsey, Jr. Georgia Bankers Assn. 1020 William-Oliver Building Atlanta, Georgia 30303
166. Charles A. Worsham Georgia Bankers Assn. 1020 William-Oliver Bldg. Atlanta, Georgia 30303

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JOURNAL OF THE SENATE,

167. Charles H. Lindsey Georgia Telephone Assoc. Suite 846 Atlanta Center Ltd. 250 Piedmont Avenue, N.E. Atlanta, Georgia 30308
168. Stephen E. Janas Georgia Dental Association 3951 Snapfinger Parkway Decatur, Georgia 30032
169. Lloyd W. Garner Georgia State Firemens Assn., Inc. 720 Church Street Decatur, Georgia 30030
170. Winfred S. Tucker Georgia State Firemens Assn., Inc. 720 Church Street Decatur, Ga. 30030
171. Gregory G. Kergosien The Upjohn Company 1554 N. Springs Drive Dunwoody, Ga. 30338
172. Brian Johnstone General Telephone Company Post Office Box 249 Dalton, Georgia 30720
173. Charles E. Crowder General Agribusiness Council 19 Hunter Street, S.W. Atlanta, Ga. 30334
174. Harold F. Jackson Holland and Knight Pharmacy 2575-C Snapfinger Road Decatur, Georgia 30034
175. James M. Christian CIBA Pharmaceutical Company 4439 Shelborne Drive Chamblee, Georgia 30341
176. Gerald N. Brunson Merck Sharp & Dohme 4940 Windhaven Court Atlanta, Georgia 30338
177. S. Warren Jackson S. Warren Jackson & Co. Suite 1800 Peachtree Center Building 230 Peachtree Street, N. W. Atlanta, Ga. 30303
178. Gerald (Jerry) Hill Standard Oil Co. of Indiana and subsidiaries 6 Executive Park Drive, N.E. Atlanta, Georgia 30329

179. Tim Mirshak Georgia Catholic Conference Box 21840 Emory University, Ga. 30322 Atlanta, Georgia 30322
180. W. H. Hosch Fulton National Bank Post Office Box 4387 Atlanta, Georgia 30302
181. George A. Hanson Moultrie and Colquitt County Chamber of Commerce Post Office Box 487 Moultrie, Georgia 31768
182. George Neffinger Common Cause 130 - 26th Street, N. W. Atlanta, Georgia 30309
183. W. F. Jackson Brotherhood of Maintenance of Way Employees Route Four, Box 247 Forsyth, Georgia 31029
184. W. M. (Bill) Alexander City of Atlanta Mayor's Office City Hall Atlanta, Georgia 30303
185. Dorris D. Holmes League of Women Voters of Georgia 346 Pinetree Drive, N. E. Atlanta, Georgia 30305
186. Anne T. Hager League of Women Voters of Georgia 2847 Lenora Church Road Snellville, Georgia 30278
187. Howard M. Hoffman Citizens Lobbying Route One Norcross, Georgia 30071
188. William M. Blankinship Georgia Electric Membership Corporation 148 Cain Street, N. E. Atlanta, Georgia 30303
189. Jesse W. Curlee Georgia Textile Manufacturers Association 2640 National Bank of Georgia Building Atlanta, Georgia 30303

FRIDAY, JANUARY 16, 1976

83

190. Hershel W. Farmer Seaboard Coastline Railroad 1800 First Nat'1 Bank Tower Atlanta, Georgia 30303
191. Joan J. McNeal Georgia Electric Membership Corporation 148 Cain Street, N. E. Atlanta, Georgia 30303
192. Heywood C. Gay Georgia Electric Membership 148 Cain Street, N. E. Atlanta, Georgia 30303
193. Dick Dorsey American Insurance Assn. 3445 Peachtree Road, N.E. Atlanta, Georgia 30326
194. Victor J. Impeciato Georgia Restaurant Assoc. 2263 Peachtree Rd., N.E. Atlanta, Georgia 30309
195. Steve Levetan Georgia Association of Scrap Processors 616 Decatur St., S.E. Atlanta, Georgia 30312
196. Jim Blalock Georgia Association of Justices of the Peace and Constables, Inc. 211 Watson Boulevard Warner Robins, Ga. 31093
197. C. Todd Evans Registered Agent Common Cause Georgians for Handgun Control, Inc. Suite 201 92 Luckie Street, N.W. Atlanta, Georgia 30303
198. Alex Crumbley State Bar of Georgia 2130 1st Nat'1 Bank Tower Atlanta, Georgia 30303
199. Charles E. Campbell Registered Agent Georgia Chamber of Commerce State Bar of Georgia 300 Fulton Federal Building Atlanta, Georgia 30303

200. Paul Hanes Registered Agent State Bar of Georgia Georgia Beer Wholesalers Assn. Suite 1727 100 Colony Square Atlanta, Georgia 30361
201. Joe E. Sloan General Motors Corporation 5730 Glenridge Drive, N. E. Atlanta, Georgia 30328
202. James W. Kittrell Seaboard Coast Line R. R. Co. 1800 First National Bank Tower Atlanta, Georgia 30303
203. Steve Ball Registered Agent Georgia Mobile Home Assn. Georgia Taxpayers League 1571 Nantahalla Court, N. E. Atlanta, Georgia 30329
204. Jim Ewing Home Builders Association of Metropolitan Atlanta 339 Buckhead Avenue, N. E. Atlanta, Georgia 30305
205. Saralyn B. Oberdorfer Georgia P.T.A. 6150 Mountain Brook Way Atlanta, Georgia 30328
206. Walter T. McDaniel ITT Rayonier, Inc. 436 Ivy Lane Jesup, Georgia 31545
207. J. R. Watson Fulton Federal Savings and Loan Association Post Office Box 1077 Atlanta, Georgia
208. L. A. Wood, Jr. Southern Bell Telephone & Telegraph Co. 125 Perimeter Center West Atlanta, Georgia 30348
209. William G. Sanders Georgia Association of Broadcasters, Inc. 6065 Roswell Road, N. E. Suite 815 Atlanta, Georgia 30314
210. Jesse R. Moore Atlanta Association of Educators 201 Ashby Street, N. W. Suite 212 Atlanta, Georgia 30314

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211. Glenn Newsome Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30032
212. Judy Sharpe Georgia Association of Educators Post Office Box 2745 Columbus, Georgia 31902
213. Conrad J. Sechler Registered Agent Georgia Consumer Finance Assn. Empire Mortgage and Investment Tucker Federal S & L Assn. Central Underwriters, Inc. Post Office Box 87 Tucker, Georgia 30084
214. Robert N. Dokson Registered Agent Atlanta Legal Aid Society, Inc. Emmaus House Poverty Rights Organization 153 Pryor Street, S. W. Atlanta, Georgia 30303
215. Elaine H. Bolton League of Women Voters of Georgia 1120 Pine Valley Road Griffin, Georgia 30223
216. Jule W. Felton, Jr. State Bar of Georgia 3300 First National Bank Tower Atlanta, Georgia 30303
217. Heyward Wilson Georgia Association of Educators Post Office Box 1654 Gainesville, Georgia 30501
218. Kay Pippin Georgia Association of Educators 39B1 Snapfinger Parkway Decatur, Georgia 30032
219. Steve Patrick Coalition University of Georgia 394 South Pope Street Athens, Georgia 30601
220. Carl Mabbs-Zeno Coalition University of Georgia 237 Sartain Drive Athens, Georgia 30601

221. Ed Green Coalition University of Georgia 238 Hillside Drive Fairburn, Ga. 30213
222. Roy T. Reynolds Coalition University of Georgia 4252 Lake Lauren Drive Smyrna, Georgia 30080
223. Nelson deRosset Ross Coalition University of Georgia 2879 Arden Road, N. W. Atlanta, Georgia 30327
224. Dan Cooke Coalition The University of Georgia Box 158 Myers Hall The University of Georgia Athens, Georgia 30601
225. Claudia McNair Georgia Recreation and Parks Society 8935 Dorsey Road Riverdale, Georgia 30274
226. Roger T. Lane Georgia Pharmaceutical Assn. 1 LaVista-Perimeter Office Park - Suite 108 Tucker, Georgia 30084
227. Alton McWhorter Georgia Milk Producers Assn. Route Two Franklin, Georgia 30217
228. J. J. Bates Firefighters of Georgia #2428 2973 Blount Street East Point, Georgia 30344
229. Kathleen Mull Georgia Assoc. of L.P.N.'s Route Two, Box 1086 Hampton, Georgia 30228
230. Ben E. Fordham Coastal States Life Ins. Co. 3328 Hilton Wood Drive Columbus, Georgia 31906
231. John F. Chambless Associated General Contractors of America, Inc. (Georgia Branch) 147 Harris St., N. W. Atlanta, Georgia 30313

FRIDAY, JANUARY 16, 1976

232. Jack Talley Georgia Industrial Developers Association Post Office Box 4545 Atlanta, Georgia 30302
233. Don Baldwin Firefighters of Georgia #2482 1384 Sullivan Road Apartment 5 College Park, Georgia 30337
234. Mark Langston Firefighters of Georgia #2482 2232 Bonner Road East Point, Georgia 30344
235. Sim Mclver Laborers International Union of North America 1004 Edgewood Avenue, N. E. Atlanta, Georgia 30307
236. Donnie M. Dennison Laborers International Union of North America 1004 Edgewood Avenue, N.E. Atlanta, Georgia 30307
237. Beth Ruyle Atlanta Regional Commission 100 Peachtree St., N. E. Atlanta, Georgia 30303
238. Richard F. Hewatt Atlanta Metro Taxicab Group 563 Trabert Avenue, N. W. Atlanta, Georgia 30309
239. John P. Tucker, Jr. Registered Agent First Georgia Bank 116 Lafayette Drive, N. E. Apt. 16 Atlanta, Georgia 30309
240. Robert Bock Georgia Association of Independent Insurance Agents 313 Redwood Drive Marietta, Georgia 30060

241. Alan Craig Abbott Registered Agent Stop ERA Young Republicans 4868 Oakside Drive Stone Mountain, Georgia 30083
242. Mary Garden Georgia Public Interest Research Group 68 Roswell Court 3445 Roswell Road, N. E. Atlanta, Georgia 30305
243. Randolph Perry Georgia Public Interest Research Group 1323 Briarcliff Road, N. E. Atlanta, Georgia 30306
244. N. Seldon Brown Georgia Hospital Association 92 Piedmont Avenue, N. E. Atlanta, Georgia 30303
245. Pat MacDonald Georgia Electric Membership Corp. 148 Cain Street Suite 845 Atlanta, Georgia 30303
246. William M. Bates Interstate Paper Corp. 814 Carnegie Building Atlanta, Georgia 30303
247. John N. Booth Southern Bell Telephone and Telegraph Co. 125 Perimeter Center West Atlanta, Georgia 30346
248. Ralph C. Moor State Career and Retired Employees Association 3649 Peachtree Road, N. E. Apartment 105 Atlanta, Georgia 30319

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 10:55 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M., tomorrow.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Saturday, January 17, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was called to order by the President.

Senator Garrard of the 37th reported that the journal of yesterday's pro ceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1261. By Representatives Wall of the 61st and Russell of the 64th: A bill to amend an Act creating a new charter for the town of Auburn, approved Feb. 17, 1949, as amended, so as to provide that the mayor and council shall have the power to compel the attendance of its members at any regular or special meeting of the council.

HB 1267. By Representative Lambert of the 112th:
A bill to amend an Act creating a new charter for the City of Madison, approved Oct. 6, 1891, as amended, so as to change the terms of office of the mayor and councilmen; to provide for the election of the mayor and councilmen by a plurality vote.

HB 1286. By Representatives Clark, Milford and Mann of the 13th:
A bill to amend an Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, the Tax Commissioner and the Coroner of Madison County, known as the fee system, and providing in lieu thereof annual salaries for such officers, as amended, so as to change the provisions relating to the compensation of the tax commissioner.

HB 1287. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act placing the Judge of the Probate Court of Heard County upon an annual salary so as to change the compensation of the Judge of the Probate Court.

SATURDAY, JANUARY 17, 1976

87

HB 1288. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act consolidating the offices of the Tax Receiver and Tax Collector of Heard County into the office of Tax Commissioner, approved April 18, 1929, so as to change the compensation of the Tax Commissioner.

HB 1289. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th: A bill to amend an Act placing the Clerk of the Superior Court of Heard County upon an annual salary so as to change the compensation of the Clerk of the Superior Court of Heard County.
HB 1290. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th: A bill to amend an Act placing the sheriff of Heard County upon an annual salary, approved Feb. 9, 1965, so as to change the compensation of the sheriff.
HB 1306. By Representative Phillips of the 120th: A bill to amend an Act creating a new charter for the Town of Uvalda so as to change the provisions relating to the granting of franchises.
HB 1307. By Representative Phillips of the 120th: A bill to amend an Act creating a new charter for the City of Glenwood so as to change the provisions relating to the granting of franchises.
HB 1322. By Representative Cox of the 141st: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary for such officer.
HB 1259. By Representative Egan of the 25th: A bill to repeal an Act entitled "An Act to protect trade-mark owners, producers, distributors and the general public against injurious and uneconomic practices in the distribution of competitive commodities bear ing a distinguishing trade-mark, brand or name, through the use of voluntary contracts establishing minimum resale prices."
HB 1319. By Representatives Lambert of the 112th and Carlisle of the 71st: A bill to amend an Act comprehensively and exhaustively revising, super seding and modernizing pretrial, trial and certain post-trial procedures in civil cases, so as to change the provisions of said Act relative to the con solidation of actions involving a common question of law or fact.

88

JOURNAL OF THE SENATE,

HB 300. By Representatives Burruss and Kreeger of the 21st:
A bill to amend Code Section 34-1505, relating to recount or recanvass of votes, so as to provide procedures for requesting a recount or re-can vass of votes cast for a member of the General Assembly who represents certain multi-county districts.

HB 922. By Representative Russell of the 53rd:
A bill to provide that payment of purchase money or any other considera tion by any person, which causes a right or property in a thing to be transferred to the State, shall not result in nor imply a trust.

HB 989. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others: A bill to amend Code Section 34-1204, relative to the installation custody and repair of voting machines so as to change the provisions relative to the number of voting machines to be provided.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 484. By Representative Banner of the 130th: A resolution authorizing and directing the State Department of Trans portation to designate a bridge in Clay County, Georgia, as the "Henry G. McKemie Bridge".
The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 123. By Senators Tysinger of the 41st and Brown of the 47th: A resolution creating the Power Plant Siting Study Committee.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 473. By Senators Foster of the 50th, Overby of the 49th, Ridd of the 25th and others: A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968 and creating the State Planning and Community Affairs Policy Board, as heretofore amended, so as to state the legislative intent of this Act.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SATURDAY, JANUARY 17, 1976

89

SB 474. By Senator Duncan of the 30th:
A bill to prohibit any State licensed person or entity in the visual or health care field from interfering with a person's freedom to select a licensed visual care practitioner of his choice and to prohibit discrimina tion either against licensed optometrists or against physicians in the suggestion or recommendation of a visual care practitioner for visual care within their scope of practice.
Referred to Committee on Human Resources.

SB 475. By Senators Hamilton of the 34th, Hudson of the 35th, Stephens of the 36th and others:
A bill to provide for the public safety and welfare by authorizing partic ipation by Federal, State, local governmental, private paid, industrial, and/or volunteer fire departments to enter into mutual aid agreements among themselves and/or other agencies. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
SB 476. By Senators Reynolds of the 48th, Hudson of the 35th and Barnes of the 33rd:
A bill to promote the health, recreation, welfare, repose and religious liberty of each individual of this State; to provide for a purpose; to make it unlawful for an employer to compel an employee to work on such employee's habitual day of worship. Referred to Committee on Judiciary.

SB 477. By Senators Banks of the 17th, Broun of the 46th and Traylor of the 3rd:
A bill to provide for the reduction and simplification of paperwork of State government; to provide for a short title; to provide for intent; to provide for definitions; to provide for administration of the provisions of this Act by the Commissioner of the Department of Administrative Services; to provide for his powers and duties. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
SB 478. By Senator Holloway of the 12th:
A bill to amend an Act relating to a health insurance plan for State employees, as amended, so as to authorize the State Personnel Board to execute a contract or contracts with one or more corporations licensed to transact business in this State. Referred to Committee on Banking, Finance and Insurance.

The following bills and resolution of the House were read the first time and referred to committees:

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JOURNAL OF THE SENATE,

HB 1261. By Representatives Wall of the 61st and Russell of the 64th:
A bill to amend an Act creating a new charter for the town of Auburn, approved Feb. 17, 1949, as amended, so as to provide that the mayor and council shall have the power to compel the attendance of its members at any regular or special meeting of the council. Referred to Committee on County and Urban Affairs.

HB 1267. By Representative Lambert of the 112th:
A bill to amend an Act creating a new charter for the City of Madison, approved Oct. 6, 1891, (Ga. Laws 1890-91, Vol. II, p. 827), as amended, so as to change the terms of office of the mayor and councilmen; to provide for the election of the mayor and councilmen by a plurality vote. Referred to Committee on County and Urban Affairs.

HB 1286. By Representatives Clark, Milford and Mann of the 13th:
A bill to amend an Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, the Tax Commissioner and the Coroner of Madison County, known as the fee system, and providing in lieu thereof annual salaries for such officers, as amended, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 1287. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act placing the Judge of the Probate Court of Heard County upon an annual salary, so as to change the compensation of the Judge of the Probate Court. Referred to Committee on County and Urban Affairs.
HB 1288. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act consolidating the offices of the Tax Receiver and Tax Collector of Heard County into the office of Tax Commissioner, ap proved April 18, 1929, so as to change the compensation of the Tax Commissioner. Referred to Committee on County and Urban Affairs.
HB 1289. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County upon an annual salary so as to change the compensation of the Clerk of the Superior Court of Heard County. Referred to Committee on County and Urban Affairs.

SATURDAY, JANUARY 17, 1976

91

HB 1290. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act placing the sheriff of Heard County upon an annual salary, approved Feb. 9, 1965 so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 1306. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the Town of Uvalda so as to change the provisions relating to the granting of franchises. Referred to Committee on County and Urban Affairs.

HB 1307. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Glenwood so as to change the provisions relating to the granting of franchises. Referred to Committee on County and Urban Affairs.

HB 1322. By Representative Cox of the 141st:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary for such officer. Referred to Committee on County and Urban Affairs.

HB 300. By Representatives Burruss and Kreeger of the 21st:
A bill to amend Code Section 34-1505, relating to recount or recanvass of votes, so as to provide procedures for requesting a recount or recanvass of votes cast for a member of the Genreal Assembly who repre sents certain multi-county districts. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
HB 922. By Representative Russell of the 53rd:
A bill to provide that payment of purchase money or any other considera tion by any person, which causes a right or property in a thing to be transferred to the State, shall not result in nor imply a trust. Referred to Committee on Judiciary.
HB 989. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to amend Code Section 34-1204, relative to the installation, custody and repair of voting machines so as to change the provisions relative to the number of voting machines to be provided. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

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JOURNAL OF THE SENATE,

HB 1259. By Representative Egan of the 25th:
A hill to repeal an Act entitled "An Act to protect trade-mark owners, producers, distributors and the general public against injurious and uneconomic practices in the distribution of competitive commodities bearing a distinguishing trade-mark, brand or name, through the use of voluntary contracts establishing minimum resale prices."
Referred to Committee on Judiciary.

HB 1319. By Representatives Lambert of the liith and Carlisle of the 71st:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial trial and certain post-trial proce dures in civil cases, so as to change the provisions of said Act relative to the consolidation of actions involving a common question of law or fact. Referred to Committee on Judiciary.

HR 484. By Representative Hanner of the 130th:
A resolution authorizing and directing the State Department of Trans portation to designate a bridge in Clay County, Georgia, as the "Henry G. McKemie Bridge". Referred to Committee on Transportation.

The following report of a standing committee was read by the Secretary:

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 421. Do pass as amended. SB 461. Do pass. HB 707. Do not pass. HR 228. Do pass.
Respectfully submitted, Senator Reynolds of 48th District, Chairman
The following bills and resolution of the Senate and House were read the second time:

SATURDAY, JANUARY 17, 1976

93

SB 399. By Senator Ballard of the 45th:
A bill to amend Code Section 47-102, relating to Senatorial Districts, as amended, so as to change the provisions relative to certain Senatorial Districts; to provide an effective date.

SB 414. By Senator Riley of the 1st:
A bill to amend Code Section 93-211, relating to the domicile of the Public Service Commission and the venue of suits or proceedings brought against the Commission, so as to provide that Fulton County shall not be the venue of certain suits brought against the Commission.

SB 415. By Senator Riley of the 1st:
A bill to amend Code Chapter 93-2, relating to the Public Service Com mission, so as to provide that each action taken by the Commission on any matter before it shall be reduced to writing and shall be signed by the Chairman and Secretary of the Commission.

HB 1227. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975, p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734) so as to change certain appropriations for the fiscal year 1975-76; to make language and other changes.

HR 469. By Representatives Linder of the 44th, Murphy of the 18th, Ega- rf the 25th and others:
A resolution applying to the Congress of the United States to 1 o. .or> vention for the purpose of proposing an amendment to the Co-; -titution of the United States.

SENATE CALENDAR Saturday, January 17, 1976
SB 206. Fire Fighter's Mediation Act--delete section county-city government
SB 350. Landscape Architects--regulation and license (AM) SB 442. Vehicle Transporting Mobile Homes--permits for 168 inches HR 226. State Properties Commission--create

Senator Holloway of the 12th asked unanimous consent that the calling of the roll be dispensed with; the consent was granted.

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JOURNAL OF THE SENATE,

Lieutenant Governor Zell Miller led the Senate in a moment of silent prayer for the morning devotion.

The following resolutions of the Senate were read and adopted:

SR 246. By Senator Lewis of the 21st:
A resolution expressing regret at the passing of Dr. John Ransom Lewis, Sr.

SR 247. By Senator Lewis of the 21st: A resolution commending the Davisboro Volunteer Fire Department.

Senator Holloway of the 12th moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, and the motion prevailed.

At 10:35 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday.

MONDAY, JANUARY 19, 1976

95

Senate Chamber, Atlanta, Georgia Monday, January 19, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of Saturday's proceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following report of a standing committee was read by the Secretary:

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:

Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 248. Do pass by substitute.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

The following bills of the Senate were read the second time:
SB 421. By Senators Kidd of the 25th and McDuffie of the 19th:
A bill to amend an Act providing for the use of radar speed detection devices by counties and municipalities, as amended, so as to provide that the Commissioner of the Department of Public Safety may suspend or revoke the radar speed detection device permit of any county or munici pality.
SB 461. By Senators Russell of the 10th and Timmons of the llth:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle other than law enforcement vehicles to be operated with flashing or revolving blue lights, as amended, so as to authorize physicians to operate their personal, private motor vehicles with flashing or revolving red lights under certain conditions.

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JOURNAL OF THE SENATE,

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan
Eldridge
Pincher
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner
Tysinger
Warren
Young

Senator Fincher of the 54th introduced the chaplain of the day, Rev. Dean Milford, pastor of the Pleasant Grove United Methodist Church, Dalton, Georgia,
who offered scripture reading and prayer.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 274. By Senators Stumbaugh of the 55th, Garrard of the 37th, Tysinger of the 41st and others:
A bill to prohibit members of public agencies, etc., who are paid on a. per meeting basis, from receiving additional compensation for attending more than one meeting of such agency, etc., in any one calendar day.

SENATE CALENDAR Monday, January 19, 1976
SB 206. Fire Fighter's Mediation Act--delete section county-city government
SB 350. Landscape Architects--regulation and license (AM) SB 442. Vehicle Transporting Mobile Homes--permits for 168 inches

MONDAY, JANUARY 19, 1976

97

HR 226. State Properties Commission--create
SB 399. Senatorial Districts 25 and 45--change
SB 414. Public Service Commission--Pulton Co. not venue certain suits (SUB)
SB 415. Public Service Commission--procedure for action against HB 1227. Appropriations--changes for 1975-76 (SUB)
HR 228. Metro Atlanta Expressway Sys.--single organizational unit to control
HR 469. Amendment to U. S. Constitution--convention for proposing

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 206. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to amend the Fire Fighter's Mediation Act, approved April 5, 1971 (Ga. Laws 1971, p. 565), so as to delete therefrom an exception.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks
Barker Barnes Bell
Brantley Brown of 47th Carter
Coverdell Dean of 6th Doss Duncan
Eldridge Fincher
Foster
Garrard

Hamilton of 34th Hill
Holley Holloway Hudgins
Hudson Kennedy Kidd
Langford Lester Lewis McDowell
McDuffie McGill
Overby

Those not voting were Senators:

Bond Broun of 46th Dean of 31st Gillis

Hamilton of 26th Howard Robinson Summers

Pearce Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Sutton Tate Traylor Turner Tysinger Warren Young
Thompson Timmons

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On the passage of the bill, the yeas were 46, nays 0.

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

SB 442. By Senators Carter of the 14th, Young of the 13th, Hudgins of the 15th and others:
A bill to amend Code Section 95A-961, relating to the circumstances under which certain vehicles may exceed the prescribed weight, width and length limitations, as amended, so as to provide the circumstances under which permits may be issued which would authorize vehicles to extend up to and including 168 inches when transporting mobile homes.

Senator Bell of the 5th moved to commit SB 442 to the Committee on Transportation with instructions to the committee to hold a public hearing thereon.

Senator Carter of the 14th moved the previous question.

The President ruled that the motion for the previous question takes precedence over the motion to commit.

On the motion of Senator Carter of the 14th, the yeas were 36, nays 7; the motion prevailed, and the previous question was ordered.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a. roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bond Brown of 47th Carter Dean of 6th Duncan Foster Gillis Hamilton of 26th Hamilton of 34th Hill Holley

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Young

MONDAY, JANUARY 19, 1976

99

Those voting in the negative were Senators:

Ballard Barnes Bell Brantley Broun of 46th Coverdell

Dean of 31st Doss Eldridge Garrard Holloway Howard

Overby Stumbaugh Tysinger Warren

Not voting was Senator Fincher.

On the passage of the bill, the yeas were 39, nays 16.

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

Senator Carter of the 14th moved that SB 442 be immedately transmitted to the House.

On the motion, the yeas were 39, nays 2; the motion prevailed, and SB 442 was immediately transmitted to the House.

Senator Lester of the 23rd filed the following statement with the Secretary of the Senate:

Mr. President:
I supported SB 442 because realizing that Georgia is losing the mobile home manufacturing industry and considering the state's unemployment and need to provide more jobs, and with the belief that the motorists of the State will be protected by regulations determined by the State Highway.
Senator Hudson of the 35th introduced the doctor of the day, Dr. Henry E. Steadman, of Hapeville, Georgia.
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HE 226. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
Senate Sponsor: Senator Brown of the 47th.
A RESOLUTION
Proposing an amendment to the Constitution so as to create, pro vide the membership of and provide the powers, duties and authority of the State Properties Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V of the Constitution is hereby amended by add ing a new Section, to be known as Section XII, to read as follows:

"SECTION XII
Paragraph I. State Properties Commission; Membership; Powers, Duties and Authority of the State Properties Commission. There is hereby created within the State Government a public body which shall be known as the 'State Properties Commission' which shall consist of eleven (11) members and be composed of: the Gov ernor ; the Secretary of State; the Chairman of the Georgia Public Service Commission; the Director, Fiscal Division, Department of Administrative Services; the State Auditor; the President of the Senate; the Speaker of the House of Representatives; the Chairman of the State Institutions and Property Committee of the House of Representatives; the Chairman of the Public Utilities Committee of the Senate; the Chairman of the Appropriations Committee of the House of Representatives; and the Chairman of the Appropria tions Committee of the Senate. Effective January 1, 1977, the then membership of the State Properties Commission prescribed by law shall stand abolished and the membership of the State Properties Commission as prescribed herein shall take the place of said abolished membership. The State Properties Commission created hereby shall have such powers, duties and authority as are presently, or as may in the future be, provided by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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, provide the membership of and provide the powers,
( ) NO duties and authority of the State Properties 'Commission?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

MONDAY, JANUARY 19, 1976

101

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 31st Doss Duncan Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger

Those voting in the negative were Senators:

Carter Dean of 6th Eldridge Holloway

Howard Hudgins Langford Pearce

Robinson Timmons Warren Young

Not voting was Senator Hill.

On the adoption of the resolution, the yeas were 43, nays 12.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 399. By Senator Ballard of the 45th:
A bill to amend Code Section 47-102, relating to Senatorial Districts as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Sept. - Oct. Ex. Sess., p. 69), so as to change the provisions relative to certain Senatorial Districts; to provide an effective date; to repeal conflicting laws.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

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JOURNAL OF THE SENATE,

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie MeGill Overby Pearce Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Carter Fincher

Hill Holloway (presiding)

Tysinger

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 414. By Senator Riley of the 1st: A bill to amend Code Section 93-211, relating to the domicile of the Public Service Commission and the venue of suits or proceedings brought against the Commission, so as to provide that Fulton County shall not be the venue of certain suits brought against the Commission; to repeal conflicting laws.
The Senate Committee on Public Utilities offered the following substitute to SB 414:
A BILL
To be entitled an Act to amend Code Section 93-211, relating to the domicile of the Public Service Commission and the venue of suits or proceedings brought against the Commission, so as to provide for the venue of certain suits brought against business entities regulated by the 'Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 93-211, relating to the domicile of the Public Service Commission and the venue of suits or proceedings brought against the Commission, is hereby amended by inserting at the end of the first sentence thereof the following:
", except that nothing contained herein shall prevent the courts of the county in which is located the principal office of a business

MONDAY, JANUARY 19, 1976

103

entity regulated by the Commission from having or taking jurisdic tion in any suit or proceeding brought or instituted against that business entity as a result of any such Commission order or rule",

so that when so amended, said Code Section shall read as follows:

"93-211. Domicile and office of Commission.--The domicile of the Public Service Commission is hereby fixed at the Capital, and no court of this State, other than those of Fulton County, shall have or take jurisdiction in any suit or proceeding brought or instituted against said Commission or on account of any of its orders or rules, except that nothing contained herein shall prevent the courts of the county in which is located the principal office of a business entity regulated by the Commission from having or taking jurisdiction in any suit or proceeding brought or instituted against that business entity as a result of any such Commission order or rule. The Com mission shall be furnished with necessary furniture and stationery and an office to be kept at Atlanta."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the sub stitute 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McG-ill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

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JOURNAL OP THE SENATE,

Those not voting were Senators:

Ballard Brantley Hamilton of 34th

Hill Holloway (presiding) Hudgins

Timmons

On the passage of the bill, the yeas were 49, nays 0.

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

SB 415. By Senator Riley of the 1st:
A bill to amend Code Chapter 93-2, relating to the Public Service Com mission, so as to provide that each action taken by the Commission on any matter before it shall be reduced to writing and shall be signed by the Chairman and Secretary of the Commission; to repeal conflicting laws.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks-
Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Those not voting were Senators:

Ballard
Carter Hamilton of 34th

Hill Holloway (presiding) Hudgins

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young
Tate

On the passage of the bill, the yeas were 49, nays 0.

MONDAY, JANUARY 19, 1976

1 0S

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

HR 228. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th and others: Senate Sponsor: Senator Warren of the 43rd. A resolution authorizing and directing the State Department of Trans portation to develop a plan for the creation of a single organizational unit to control the Metropolitan Atlanta Expressway System.
Senator Warren of the 43rd offered the following amendment:
Amend HR 228 by striking on Page 1, line 5, the following: "19" and inserting in lieu thereof the following:
"many".

On the adoption of the amendment offered by Senator Warren of the 43rd, the yeas were 42, nays 0, and the amendment was adopted.
Senator Thompson of the 32nd offered the following amendment: Amend HR 228 by striking on Page 1, line 6, the following:
"Metropolitan Atlanta area" and inserting in lieu thereof the following: "State of Georgia".
On the adoption of the amendment offered by Senator Thompson of the 32nd, the yeas were 40, nays 0, and the amendment was adopted.

Senator Warren of the 43rd offered the following amendment:
Amend HR 228 by deleting on Page 3, line 7, "1976",
and inserting in lieu thereof "1977".
On the adoption of the amendment offered by Senator Warren of the 43rd, the yeas were 39, nays 0, and the amendment was adopted.
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, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell
Bond Brantley Broun of 46th Brown of 47th Carter 'Coverdell Dean of 6th Dean of 31st Doss Duncan Fincher Foster

Garrard Gillis Hamilton of 26th Holley Howard Hudgins Hudson Kennedy
Kidd Langford Lester Lewis McDowell McDuffie McGill
Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Timmons Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Barnes Eldridge

Hamilton of 34th Button

Thompson

Those not voting were Senators:

Hill

Holloway (presiding)

Young

On the adoption of the resolution, the yeas were 48, nays 5.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 469. By Representatives Linder of the 44th, Murphy of the 18th, Egan of the 25th and others:
Senate Sponsor: Senator Holloway of the 12th.
A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitu tion of the United States to require a balanced federal budget.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those votinj* in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Brantley

Broun of 46th Brown of 47th Carter

MONDAY, JANUARY 19, 1976

107

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard

Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Button Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Bond

Tate

Those not voting were Senators:

Hill

Hudson

On the adoption of the resolution, the yeas were 52, nays 2,

The resolution, having received the requisite constitutional majority, was adopted.
Senator Broun of the 46th assumed the Chair.
At 12:02 o'clock, P.M. Senator Broun of the 46th announced the Senate would stand in recess until 1:30 o'clock P.M. today.
At 1:30 o'clock P.M., Senator Broun of the 46th called the Senate to order.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1227. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others: Senate Sponsor: Senator Broun of the 46th. A bill to amend an Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975, p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734) so as to change certain appropriations for the fiscal year 1975-76; to make language and other changes.

108

JOURNAL OF THE SENATE,

The Senate Committee on Appropriations offered the following substitute to HB 1227:
A BILL

To be entitled an Act to amend an Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975, p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734), so as to change certain appropriations for the fiscal year 1975-76; to make language and other changes; 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. An Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975, p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734), is hereby amended by striking the revenue estimate figure of $1,745,000,000 for fiscal year 1976 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $1,688,000,000 for fiscal year 1976, and by striking the following:
"PART I.
LEGISLATIVE BRANCH"
and Sections 1 through 52, and inserting in lieu thereof the following:
"PART I.
LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch _..._,,.._..._..._-..$ 7,709,061

1. Operations ,,__-__--____.,,_-.__-__-_-_----,,__--$ Total Funds Budgeted .................. .....^ State Funds Budgeted .......-.............-...........-...$

7,534,061 7,534,061 7,534,061

2. For Election Blanks and Other Election Expenses .................. ....^>
Total Funds Budgeted .....................$ State Funds Budgeted ..............$

175,000 175,000 175,000

Budget Unit Object Classes:
Operations .................................. -^ Election Blanks and Other
Election Expenses ............................... ...^

7,534,061 175,000

MONDAY, JANUARY 19, 1976

109

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 Gov ernor and Speaker of the House of Representatives; for membership in the National Conference of Commis sioners 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 organiza tions, upon approval of the Legislative Services Commit tee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, con struction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representa tives; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Gov ernment. The Committee is hereby authorized to prom ulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended with out prior approval of the Committee. The Committee shall also make a detailed study of all items and pro grams which are paid for from funds appropriated to the Legislative Branch of Government with a view to wards determining which are legitimate legislative ex penses and which should be paid for from other appro
priations.

Section 2. Department of Audits.

Budget Unit: Department of Audits

$ 2,366,273

1. Operations ------------$ Total Funds Budgeted ___,,,,--,,--_--$ State Funds Budgeted __......-__.._.__..--_.--..$

2,026,273 2,026,273 2,026,273

2. Tax Ratio Study --_----_-------$ Total Funds Budgeted _---,,.-----$ State Funds Budgeted .____.._...__......_,,.......,,....$

340,000 340,000 340,000

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Budget Unit Object Classes:
Operations -_--__._.--__,,,,--_ Tax Ratio Study ___.__,,_.___.

2,026,273 340,000

PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court .__,,.,,_..,,............._..$ 1,077,000
For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allo cated for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.
Section 4. Superior Courts.
Budget Unit: Superior Courts ....--.......-..............I 7,274,603
For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the pay ment of travel, tuition and expense of Judges autho rized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law.
For payment of salaries, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.
For the cost of operating the Judge Sentence Re view Panel as created by 1974 Georgia Laws, p. 358.
Provided, however, that the listed appropriation shall be increased by the amount of $21,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.
Provided, further, that the listed appropriation shall be increased by the amount of $55,000 per annum

MONDAY, JANUARY 19, 1976

111

for each judgeship created by law during the 1975 session of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $100,000 is designated and committed for the Prosecuting Attorneys' Council for operations.

Section 5. Court of Appeals. Budget Unit: Court of Appeals ._______.__.__.______._$

1,223,266

For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus posi tion established during the fiscal year.

Section 6. Administrative Office of the Court.
Budget Unit: Administrative Office of the Court .-_.__.__.-__._-__--__--__-__._.-_..$

171,620

For the cost of operating the Administrative Of fices of the Court.

Section 7. Appellate Court Reports. Budget Unit: Court Reports ..._...__.._.........--.....$

64,500

For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ._....__..._.___.-,,.-.-..-.._....._...-_--__.__.$
For the cost of operating the Judicial Qualifications Commissions.
Section 9. Board of Court Reporting. Budget Unit: _____.__.___.--_...-.--$
For the cost of operating the Board of Court Re porting.

10,000 7,425

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JOURNAL OF THE SENATE,

PART III.

EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

Budget Unit: Department of Administrative Services

~$ 19,456,712

1. Georgia Building Authority Budget: Direct Payments to Authority for Operations ..................................... Capital Outlay _____-.--_.____--___._________..___.__,,____State of Georiga General Obligation Debt Sinking Fund ..................... .... Authority Lease Rentals ........................ .. Total Funds Budgeted ..................... .. State Funds Budgeted .......... ... Total Positions Budgeted

1,494,172 223,000
240,000 2,477,753 4,434,925 4,434,925
0

Provided, that of the above appropriation relative to Capital Outlay, $200,000 is designated and committed to design and install an automated electrical power man agement system in State office buildings in the Capitol Hill area.
2. Departmental Administration Budget:
Personal Services ................................. ^ Regular Operaing Expenses _------_----------$ Travel .-_,,_-_-_-- ...............................4 Motor Vehicle Equipment Purchases ---------$ Publications and Printing ................................^ Equipment Purchases .......................--..... ^ Per Diem and Fees __,,,,_,,.____--__---_,,--__--_,,--.$ Computer Charges ............................................$ Other Contractual Expense --_--,,__-__,,_----.__--$ Total Funds Budgeted ._....__..____...___..._,,...__...__.$ State Funds Budgeted ......................................$ Total Positions Budgeted
3. Fiscal Administration Budget: Personal Services ............................... ....^ Regular Operating Expenses .___..--------..----$ Travel ..............................$ Motor Vehicle Equipment Purchases __.--.__.--.$ Publications and Printing ................................$ Equipment Purchases ._--.----....------.----.----$ Per Diem and Fees .................................$ Computer Charges ._--_------------ _--_--_----_..$ Other Contractual Expense ...................... ...^ Total Funds Budgeted ....................... ^ State Funds Budgeted ......................................^ Total Positions Budgeted

513,180 45,549
7,000 --0--
3,300 1,000 4,500 2,000 --0-- 576,529 572,029
36
331,836 29,503 4,000
--0-- 7,000 1,750
--0-- 1,643,656
--0-- 2,017,745 2,017,745
24

MONDAY, JANUARY 19, 1976

113

4. Self-Insurance Administration Budget:
Personal Services --.._......__.........__............. _$ Regular Operating Expenses .---_--..__.-_____-___$ Travel .... .....................if Motor Vehicle Equipment Purchases -________.,,_.$ Publications and Printing --___--.-___.____.___.________$ Equipment Purchases ,,..___..__._..__...._...._,,...__.....$ Per Diem and Fees ........................ ^ Computer Charges ___...__-...___...___....__....__...__.....__.$ Other Contractual Expense __________.,,___.._....,,__.$ Workmen's Compensation _______.___.___=_____,,________.$ Total Funds Budgeted ......................................$ State Funds Budgeted _._.______.__-____...___.,,___..___$ Total Positions Budgeted

224,175 12,471 20,000 --0-- 2,500
500 --0--
1,000 --0-- 1,156,780 1,417,426 1,385,026
17

5. Procurement Administration Budget:
Personal Services ,,_.___.._____.._____._.____,,_____,,___._.__$ Regular Operating Expenses ....__..____...__.__..._..$ Travel ................ ^ Motor Vehicle Equipment Purchases --_--____--$ Publications and Printing __________..____._.._________._.$ Equipment Purchases --____..____--___--,,__---__--.$ Per Diem and Fees ___.__________._______..___.________.______$ Computer Charges --.__... ,,.._..... __..._________.. $ Other Contractual Expense ----_----_--_._,,--_..-$ Total Funds Budgeted -_._-..-__.....___,,__-...___..._.$ State Funds Budgeted ...__._...__._...__..._......__._..._.$ Total Positions Budgeted

684,130 85,118
6,000 --0--
18,836 --0-- --0-- --0-- --0-- 794,084 794,084
53

6. General Services Administration Budget:
Personal Services ..-......_-__-.._-_....,,_-.-..._-..-__.....__..$ Regular Operating Expenses .,,_,,...--_____--,,___.$ Travel .............................................$ Motor Vehicle Equipment Purchases ._._.--____.$ Publications and Printing ,,--___.-.___.,,..__--____,,$ Equipment Purchases ,,___....-__._..__..__-..-_._-..-___-.$ Per Diem and Fees ....................... .^ Computer Charges __....____.....___._-__...-___....__._,,.? Other Contractual Expense -_____-_________..___,,._$ Total Funds Budgeted .,,,,...,,_.._.....-.....,,_......._...$ State Funds Budgeted ___..___-.______.__..________-__..__-$ Total Positions Budgeted

81,385 5,860 900
--0-- --0-- --0-- --0-- --0-- --0--
88,145 88,145
7

7. Property Management Administration Budget:
Personal Services .,,....._-_......_......_.__-....._-..._......$ Regular Operating Expenses _-,,---,,---___--_--$ Travel ......_._-....__,,...__._-......-__....-_._--..-----$ Motor Vehicle Equipment Purchases _.__...______.$ Publications and Printing ________..........---.--$ Equipment Purchases ________--____._.____--____..______$ Per Diem and Fees .................. ..^ Computer Charges .......................--...........--....^

119,835 187,653
1,000 --0--
500 --0--
900 10,000

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Other Contractual Expense ..__,,.._,,..,,_.....___....$ Total Funds Budgeted -.._-.__.-..-__,,..,,....,,...._$ State Funds Budgeted .-.,,......__..-._-..-_-...__..$ Total Positions Budgeted

--0-- 319,888 155,479
9

8. Data Processing Services Budget:
Personal Services ,,..._-._,,-....__.._._.-.._-.._,,_.,,.$ Regular Operating Expenses _....._._.,,_..._.....$ Travel -...._...-.,,-_,,_.-..,,.-._-._,,...__...__....,,..-_....? Motor Vehicle Equipment Purchases -_.,,----$ Publications and Printing ._..._.__.._.-...,,....__...$ Equipment Purchases _-_--__,,__-,,__________,,_---_-___-$ Per Diem and Fees __.--.._-.,,--.,,._.._..,,..._.,, $ Computer Charges ________-_.,,.___._____,,___,,___.__-$ Rents and Maintenance Expense -,__--___-__-_____$ Other Contractual Expense --------_.__,,--.--,,--$ Total Funds Budgeted -,,---,,,,-$ State Funds Budgeted .,,_________,,___.__--____.______-$ Total Positions Budgeted
9. Motor Pool Services Budget:
Personal Services ___.,,___-____-__..__,,___.-.__-,,-$ Regular Operating Expenses .__...__...___...__-...__$ Travel --._,,-.__.__..,,_.____-.._-.. ... -_--.__$ Motor Vehicle Equipment Purchases .----...-.$ Publications and Printing ,,__._--__--,,--------.$ Equipment Purchases __-------_------_._--_~--$ Per Diem and Fees _____,,--_,,--__---__--,,--_--.--.$ Computer Charges .,,__.,,._,,..,,...,,..__...__..,,.$ Other Contractual Expense --....._..--_..---.----$ Total Funds Budgeted ,,__-___-__,,_______,,_-___.______$ State Funds Budgeted ,,...._....___..-_....,,._.,,--_--.$ Total Positions Budgeted

8,265,181 1,922,521
25,000 --0--
38,500 67,693 1,060,000 150,000 7,794,381 --0-- 19,323,546 8,840,000
650
190,899 393,396
1,500 155,000
1,000 15,500 --0--
1,800 --0-- 759,095
14,500 19

10. Communication Services Budget:
Personal Services ..__..._...,,..-.-_-._.-..._...._....__$ Regular Operating Expenses .,,._,,,,.._--,,..--.$ Travel _._____.,,___________....-._....._..._-.._-..--._$ Motor Vehicle Equipment Purchases --.__...--.$ Publications and Printing ,,.._..-._...._.---...,,..$ Equipment Purchases ,,..._...,,.....-.._...,,-_..--$ Per Diem and Fees _-.,,..-.-...,,...._-..-.-.,,-_..-_.$ Computer Charges .,,.._.___.,,..._...--..-......_..,,..._$ Other Contractual Expense --,,___,,.--__,,_--_..--$ Telephone Billings ...._...._.-.-_-..._.-.._-...,,...__._._$ Total Funds Budgeted __.,,-_-_..._--__.---..$ State Funds Budgeted -._....._.__-....__.__.....__.-_.$ Total Positions Budgeted

1,262,556 316,311 10,617 --0-- 44,001 35,000 7,000 40,000 --0--
12,700,000 14,415,485
1,000,000
104

11. Printing Services Budget:
Personal Services _-._,,.._,,-._...._....__.._..,,--_-$ Regular Operating Expenses -..-,,...._._.,,...._-...$ Travel _..._......._.....-...__.__..___.-_-._-_---$ Motor Vehicle Equipment Purchases .._..._._..._$

849,570 969,549
7,000 --0--

MONDAY, JANUARY 19, 1976

115

Publications and Printing _...__....__._.____........___.$ Equipment Purchases .--____-.......-__..........__.........$ Per Diem and Fees ._.----.-------.-_-.--_...-_,,_..$ Computer Charges --,,__--__--___________--_____-_____.__$ Other Contractual Expense --._--_.----.-__...._.,,..$ Total Funds Budgeted _...._....___..____....__._.___,,__.$ State Funds Budgeted ____________________.____..__________$ Total Positions Budgeted

41,000 94,000 --0--
5,000 --0-- 1,966,119 --0--
75

12. Central Supply Services Budget:
Personal Services ..--....--...-....-......-..............-....I Regular Operating Expenses _,,--___-_____,,_____.__$ Travel --------.---__.-_.__. ....___.$ Motor Vehicle Equipment Purchases .._--.._.--.$ Publications and Printing ,,_..._.__..._._....,,......,,.$ Equipment Purchases --__.__----_--_.__--..____---___--$ Per Diem and Fees ...._-....__.....__.....__...__.......,,....$ Computer Charges _--__.---_.__--__--___--___________-_$ Other Contractual Expense ----_,,...--...,,------$ Total Funds Budgeted .___....___...___-._._....._....__.$ State Funds Budgeted --..--__----_.._--__-_.--___._$ Total Positions Budgeted

87,718 515,021
1,000 --0--
5,000 4,000 1,275 2,500 --0-- 616,514 --0--
9

13. State Properties Commission Budget:
Personal Services _.-_..-.-._.--_.._.__....__..._....._.$ Regular Operating Expenses -----.,,---_,,.--__.$ Travel .-__--...-_....._-...-.-..-__...__....-.-......_...._.$ Motor Vehicle Equipment Purchases __._.--____.$ Publications and Printing ,,......,,...__....._.....___.,,$ Equipment Purchases ---_----.._--------..----.-$ Per Diem and Fees ............................................I Computer Charges ----___--,,_------,,___.._,,-__-- $ Other Contractual Expense --_,,--,,_.---__.--__...$ Total Funds Budgeted .__..._-__.__,,____.-___________._.$ State Funds Budgeted ..,,.....___......_......_.,,.___....$ Total Positions Budgeted

61,065 28,500
3,000 --0--
2,000 1,000 13,705 --0-- --0-- 109,270 109,270
4

14. Volunteer Services Budget:
Personal Services -__.....__.....__....._....,,__...___...,,.$ Regular Operating Expenses ----__._--._----__--$ Travel _..-__...__-...,,_..-_.,,...__.-...._-_-..___-....,,-....__.$ Motor Vehicle Equipment Purchases --__,,..___.$ Publications and Printing __-_____--___.____,,.______ $ Equipment Purchases .__--.._----.--_.....---.__....-$ Per Diem and Fees -...-__.-..-,,_-....,,......__..-_-_...,,.$ Computer Charges --____.._____-___--,,_--_-_,,.--___ $ Other Contractual Expense _--,,_.----_----_----.$ Total Funds Budgeted -___.__.,,____.-__._____._.-____..$ State Funds Budgeted _.-...._,,...-_-......,,....,,-...._._$ Total Positions Budgeted

40,748 5,611 2,550 --0-- 5,150 --0-- 3,800 --0-- --0-- 57,859 45,509
3

Budget Unit Object Classes: Personal Services .._-__.._,,.._.,,.._.._......__.,,.,,_.? 12,712,278

116

JOURNAL OP THE SENATE,

Regular Operating Expenses --,,_____.--___________.$ Travel ._.-..-_,,--.-....-.-___.._....____._,,.___________.___._._____$
Motor Vehicle Equipment Purchases _______.,,-_$ Publications and Printing ....,,..._......._,,......._$ Equipment Purchases --.._--..--.....___.-........__._..$ Per Diem and Fees ....__._........__-...-....-...,,__-.._.$ Computer Charges __.-.--____,,.---.,,.__.,,........___..$ Other Contractual Expense -_,,_,,-.--.-.__...-.....$ Rents and Maintenance Expense _------...,,--..$ Workmen's Compensation .__.--.........__......,,__..$ Direct Payments to Authority
for Operations --.__._,,--_,,__..........._.__........__...$ Capital Outlay ..-._.,,...-,,.._-._.----..-..._,,_......._..$ State of Georgia General Obligation
Debt Sinking Fund ,,-...__._._......._.-......__-..$ Authority Lease Rentals .........,,............__......__.$ Telephone Billings _,,,,..,,.,,.......-_,,..-...._._._...._..$

4,517,063 89,567 115,000
168,787 220,713 1,091,180 1,855,956 --0-- 7,794,381 1,156,780
1,494,172 223,000
240,000 2,477,753 12,700,000

Section 11. Department of Agriculture.

Budget Unit: Department of Agriculture -.......,,......._,,-._.,,....-..,,-.-..-____.....-_.$ 15,062,369

1. Plant Industry Budget:
Personal Services .._..,,_._,,.-..-.-..__.....-._._..-.___..$ Regular Operating Expenses --,,___.---.___._...-_.$ Travel ..,,,,.._.._..-...,,_-.-._..-...__-...__-_..___-..._$ Motor Vehicle Equipment Purchases .....___._ $ Publications and Printing .__.-......_,,......_-......_..$ Equipment Purchases --,,__..____.__-___.___-._.____--_.$ Per Diem and Fees ....,,._.,,....-.-.-....,,_....,,__..__$ Computer Charges _......__....,,-.--...___----_--.--.--.$ Other Contractual Expense ,,-..._.._--____--._--.$ Fire Ant Eradication _____,,___..,,-____.__-.______-,,$ Total Funds Budgeted ......_.....,,_......._._....__.....$ State Funds Budgeted ......................................I Total Positions Budgeted

2,071,403 154,340 89,500 32,000 24,400 22,520 1,400 --0-- --0--
1,165,000 3,560,563 3,278,586
181

2. Animal Industry Budget:
Personal Services ,,......_.-..._-...___-.-_-._-..$ Regular Operating Expenses _____,,--__--------$ Travel .,,....-.,,-..-_-__..-_-.._.-.-,_-.-.-----$ Motor Vehicle Equipment Purchases ..----....$ Publications and Printing _____,,.____----___,,_._-.--$ Equipment Purchases -........-.....-.....-....-.--...-.I Per Diem and Fees ....,,-..,,...--,__--.,,.--....----...$ Computer Charges ........,,.--.,,--.-,,--.------------$ Other Contractual Expense ----,,.,,-_---.-------.$ Athens Veterinary Laboratory Contract ._....$ Tifton Veterinary Laboratory Contract .._...$ Poultry Improvement Contract .....__,,....._......__.$ Veterinary Fees ..,,...._.._...._--._._--------$ Poultry Research Contract with
Georgia Institute of Technology _.......--..._$

623,983 86,182 35,000
7,000 9,575 8,788 --0-- --0-- --0-- 208,000 322,000 477,675 475,000
181,420

MONDAY, JANUARY 19, 1976

Contract with University of Georgia to Study Asiatic New Castle Disease ._,,..._....$
Indemnities __--_----_--_--___--____,,____--__--____$ Total Funds Budgeted -_,,___--__----_.--__--__--___$ State Funds Budgeted --__--__--___.-_____.___.-_.$ Total Positions Budgeted
3. Marketing Budget:
Personal Services _--..._..----..........-....................I Regular Operating Expenses ------_------$ Travel---_----------_--_______--.__--__--_____$ Motor Vehicle Equipment Purchases --.-...,,.$ Publications and Printing ....,,_.....,,..--......--....$ Equipment Purchases --_--____--____.____--_____--__$ Per Diem and Fees --__.--._----___--__--___,,_.____$ Computer Charges __--___----__--___----_.........___$ Other Contractual Expense __----__------_____--_$ Advertising Contract --..----_------_--_--$ Authority Lease Rentals ....--~--....--...--...$ Total Funds Budgeted ..----...--...._...............$ State Funds Budgeted -.--_--______--._--_,,__--__$ Total Positions Budgeted
4. General Agricultural Field Forces Budget:
Personal Services __--_,,_--____..........__....,,--....$ Regular Operating Expenses --...___.--_--_--_.$ Travel _----._... -_-.-. .---- -.--------_..$ Motor Vehicle Equipment Purchases ___,..._____$ Publications and Printing --_....--------,,,,.--_$ Equipment Purchases ___----___----_--$ Per Diem and Fees ------ -------------$ Computer Charges ____--______----$ Other Contractual Expense ,,_---_----,,.----$ Total Funds Budgeted __----___----___._--______-___.$ State Funds Budgeted -__......-........--......--.....$ Total Positions Budgeted

5. Internal Administration Budget:

Personal Services ____----_____,,._____--______----._._.$

Regular Operating Expenses --------__------.$

Travel

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

Motor Vehicle Equipment Purchases --,,--. $

Publications and Printing -____.----__----..._--_.$

Equipment Purchases --_._----------_----.$

Per Diem and Fees ____----_____----_._.------.$

Computer Charges __________-_--_------__.----$

Other Contractual Expense __..----._------_----if

Total Funds Budgeted ----...------....----.--I

State Funds Budgeted ,,_------_.__--_----...----$

Total Positions Budgeted

6. Information and Education Budget:
Personal Services _._____.----_.___.----------$ Regular Operating Expenses _,,--_.__----------$

117
120,625 100,000 2,655,248 2,647,248
52
1,080,554 217,204 33,200 10,000 12,000 2,500 2,700 --0-- 94,100 35,000 945,000
2,432,258 2,209,828
98
1,291,756 67,685 161,400 40,000 2,750 3,175
--0-- --0-- --0-- 1,566,766 1,566,766
131
699,062 77,486 16,200 --0-- 19,100
2,100 1,000 115,156 --0-- 930,104 913,104
50
121,039 273,676

118

JOURNAL OP THE SENATE,

Travel ..........................................$ Motor Vehicle Equipment Purchases _..._--.--$ Publications and Printing _....._....__...,,....._...._.$ Equipment Purchases ........................................^ Per Diem and Fees ............................................^ Computer Charges ....................................$ Other Contractual Expense --.--,,.-_--_,,__--.__.$ Total Funds Budgeted --___-_,,________.__..___-_____,,$ State Funds Budgeted -,,-_._._..._.$ Total Positions Budgeted

1,500 --0-- 300,000
3,800 --0-- --0-- --0-- 700,015 700,015
11

7. Fuel and Measures Standards Budget:
Personal Services ................................ ...^, Regular Operating Expenses __------_--_____.$ Travel ................................................^ Motor Vehicle Equipment Purchases ___,,,,_--$ Publications and Printing ,,...._.._.__._._...__..__.$ Equipment Purchases ........................... ^ Per Diem and Fees ..................................^ Computer Charges .................................. ^ Other Contractual Expense .............. .....^ Total Funds Budgeted .......................^ State Funds Budgeted ........ .....^ Total Positions Budgeted

650,404 94,905 60,200 --0-- 6,000 10,100 --0-- --0-- --0-- 821,609 821,609
60

8. Consumer Protection Budget:
Personal Services -._..,,.-._...,,..,,..,,..,,..._...-.-.-.$ Regular Operating Expenses ----.--..--._--.--_$ Travel .......................................... ..^ Motor Vehicle Equipment Purchases _----_,,-.$ Publications and Printing .,,-__.____._-__,,-__-_-.$ Equipment Purchases -----.---------.-- .-.. ~.$ Per Diem and Fees ..................................--..^ Computer Charges ............... .......................^ Other Contractual Expense ......................--.....^ Total Funds Budgeted -_-__...__.-..-_----.$ State Funds Budgeted ______.___-.._-.__-_--_--$ Total Positions Budgeted

531,032 41,279 25,500 --0--
3,200 1,600 1,000 --0-- --0-- 603,611 603,611
39

9. Consumer Protection Field Forces Budget:
Personal Services ..................... ^ Regular Operating Expenses .__.,,.._...._..,,,,.,,..$ Travel ............................... .^ Motor Vehicle Equipment Purchases ,,--.-,,-_$ Publications and Printing .--.---..--.-----------$ Equipment Purchases ...------..------------.-----$ Per Diem and Fees ...........................--.........^ Computer Charges ----.-- ---.. ------..--.--.$ Other Contractual Expense .....................-..--..^ Total Funds Budgeted _,,_____._..,,._..-,,-----$ State Funds Budgeted ....................^ Total Positions Budgeted

1,282,881 68,852 113,600 49,000 4,500 1,000
--0-- --0-- --0-- 1,519,833 1,341,833
104

MONDAY, JANUARY 19, 1976

119

10. Meat Inspection Budget:
Personal Services -- .-- ----.---__..._._.._....._$ Regular Operating Expenses .--------..--....__..$ Travel ---....._.__.__________$ Motor Vehicle Equipment Purchases ,,__.______.$ Publications and Printing ...._....__,,..___.,,__....__.$ Equipment Purchases --- -- ---.._..._...__._-$ Per Diem and Pees ---- -- .-.....-...._..._...$ Computer Charges ,,____,,....._______..___..___...__....$ Other Contractual Expense ..-_--.._,,...__...._......._$ Total Funds Budgeted _.__._______________._____________.__$ State Funds Budgeted .-..,,...._......$ Total Positions Budgeted

1,704,440 42,709 135,800
--0-- 4,000 540 35,000
--0-- 32,000
1,954,489 794,489 145

11. Georgia Agrirama Development Authority Budget:

Payments to Agrirama Authority for Operations -...,,.-. ..... ._........$
Total Funds Budgeted _.....__..,,____.._.__..__.._.....___.$ State Funds Budgeted .._.__..__.........$

185,280 185,280 185,280

Budget Unit Object Classes:

Personal Services .._._.- .... ...--,,.$ Regular Operating Expenses .__--____.____---______$ Travel .....-,,....-,,------.--..-$ Motor Vehicle Equipment Purchases ____________.$ Publications and Printing ___.___--_.____.___._.____....__-$ Equipment Purchases ....--.....-- ..... __._______.__..$ Per Diem and Fees _.__._____....__.__._______.____.____._...___.-$ Computer Charges .,,...___._..--..--.-..,,--.-..._--......$ Other Contractual Expense ................................I Fire Ant Eradication .._.__.__................$ Athens Veterinary Laboratory Contract _--___.$ Tifton Veterinary Laboratory Contract ........ $ Poultry Improvement Contract _...._......_..__..__.$ Veterinary Fees ...........___.-...__.._...._._........_....._..$ Poultry Research Contract with
Georgia Institute of Technology __................$ Contract with University of Georgia to
Study Asiatic New Castle Disease ................I Indemnities _______.______.._._____.__.______.._..________.__..__.__$ Advertising Contract ...._._......._......._._...__..._....__..$ Authority Lease Rentals _._....._..._............_..___..._.$ Payments to Agrirama Authority
for Operations ...._........._......__................__......._.$

10,056,554 1,124,318 671,900 138,000 385,525 56,123 41,100 115,156 126,100 1,165,000 208,000 322,000 477,675 475,000
181,420
120,625 100,000 35,000 945,000
185,280

Provided, that of the above appropriation relative to Regular Operating Expenses, $35,000 is designated and committed for livestock and poultry shows relating to research and promoting.
Section 12. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ..,,..._.....-......-.....,,_...._.......,.. ..$

1,582,025

120

JOURNAL OF THE SENATE,

1. Administration Budget:
Personal Services ,,.....-_-.._.--.._......-..__...,,.$ Regular Operating Expenses ........................^ Travel _.________..____.__._____.__.$ Motor Vehicle Equipment Purchases ----_---$ Publications and Printing ..:....................... .^ Equipment Purchases ..................................^ Per Diem and Fees ................................. ..^ Computer Charges ...................................^ Other Contractual Expense .......................^ Total Funds Budgeted .............................^ State Funds Budgeted ...................... ...^ Total Positions Budgeted

309,318 55,977
5,000 --0--
12,000 3,843 3,000 9,919 --0-- 399,057 399,057
20

2. Examination Budget:
Personal Services ....................................^ Regular Operating Expenses .-..-..-.....-..._.....,,..$ Travel ...... ...................... ^ Motor Vehicle Equipment Purchases _----.--.$ Publications and Printing ...............................^ Equipment Purchases _,,_...._.,,..,,-.._.....,,......--$ Per Diem and Fees ............................................^ Computer Charges ..................................^ Other Contractual Expense .--..._--.--.--..----.-$ Total Funds Budgeted ...................... ....^. State Funds Budgeted .._.-._.__...__..,,...._._.,,_....,,.$ Total Positions Budgeted

934,326 12,400 229,285 --0-- --0-- 6,957 --0-- --0-- --0-- 1,182,968 1,182,968
62

Budget Unit Object Classes:
Personal Services .........................................^ Regular Operating Expenses _....--...--_---,,----$ Travel .._.--_-.,,-_..-._.--.-$ Motor Vehicle Equipment Purchases .--....----$ Publications and Printing ................................^ Equipment Purchases --..,,.-----.---...--.----,,--$ Per Diem and Fees .................................... ^ Computer Charges _...._._.......,,,,._.,,.-.__..-,,_....$ Other Contractual Expense ........................^

1,243,644 68,377 234,285
--0-- 12,000 10,800 3,000 9,919
--0--

Section 13. Department of Community Development.

A. Budget Unit: Department of Community Development ...........:.......................................... ...^ 13,808,915

1. Industry Budget:
Personal Services ......................................^ Regular Operating Expenses ..,,._.,,.._..._,,..._-..$ Travel ............................................................^ Motor Vehicle Equipment Purchases ----_--._$ Publications and Printing ................................^ Equipment Purchases ...................................^ Per Diem and Fees .-_...,,...._.....-..__-_.,,-.,,._.$

243,266 17,099 35,000 --0--
2,000 500
2,000

MONDAY, JANUARY 19, 1976

121

Computer Charges ..---_.--,,--.----.-----_--_---_,,-.$ Other Contractual Expense _________-____-,,___-_____,,__$ Total Funds Budgeted _________________ _.__^ State Funds Budgeted ..._........._,,,,..........._......._.$ Total Positions Budgeted

--0-- --0-- 299,865 299,865
15

2. Research Budget:
Personal Services -....__.__..._-..-_....-....,,......_..__.$ Regular Operating Expenses ___________._____,,___.____.$ Travel ...._...._. ____________________________$ Motor Vehicle Equipment Purchases __._,,___.....$ Publications and Printing ..,,....._...........,,._....._.$ Equipment Purchases .__.__.._...__.......__.-...__,,...._...$ Per Diem and Fees __________________________ $ Computer Charges -__-__-__--,,____-__--_.__--_-__-.--,,_.$ Other Contractual Expense .,,.....__......_.....__..,,.$ Total Funds Budgeted ____.__..._..._._.___.___-_____.____.,,_-$ State Funds Budgeted __..._.._.....,,_..._._......_......,,..$ Total Positions Budgeted
3. Tourism Budget:
Personal Services ___________ ___^ __________$ Regular Operating Expenses ....-_,,--.--..._.-.--_.$ Travel _______________________.___$ Motor Vehicle Equipment Purchases _.-_,,-.._,,$ Publications and Printing __.,,..-_.-..,,....._....-..__..$ Equipment Purchases --.--.--.--...--.... --_.___-- $ Per Diem and Fees ______ ______ __..___$ Computer Charges _,,.---__-_-._--...__...--_.....__.._$ Other Contractual Expense .....,,__........_...--._.,,$ Capital Outlay __._ _____ ^_____ ___________ ^____^ Local Welcome Center Contracts __.._....._.__......$ Total Funds Budgeted .._._..,,_..._.,,..-...-__..._.-.......$ State Funds Budgeted _________________ _____ _^ Total Positions Budgeted
4. Internal Administrative Budget:
Personal Services __._____________.______$ Regular Operating Expenses _.____.._.__,,_..___,,.___.$ Travel __.______.__________.___$ Motor Vehicle Equipment Purchases --_--.___.$ Publications and Printing ..._..,,..,,_._..._,,....,,...._.$ Equipment Purchases ------,,.----.-_------..--..-$ Per Diem and Fees ___.___._..____________.___._.________..._..$ Computer Charges .._..-.._.-_.__-.,,._.-..._-.._-.....$ Other Contractual Expense --..__--.-__..-....._...$ Promotional Parade Floats ...-_..._._.....,,.....,,...$ Total Funds Budgeted __________.__________$ State Funds Budgeted __..................__.........,,.....,,$ Total Positions Budgeted
5. International Budget:
Personal Services ._______________._____________$ Regular Operating Expenses .-..----.._...-_--....$

217,245 48,793
5,000 --0--
2,000 1,240 32,800 14,465 --0-- 321,543 272,543
17
600,878 288,511
27,000 --0--
300 3,100 50,000 4,000 --0--- --0-- 75,230 1,049,019 1,049,019
70
466,530 296,561
15,000 5,000 30,450 1,300 15,934 2,000 --0-- 28,000 860,775 803,824
32
107,217 53,966

122

JOURNAL OF THE SENATE,

Travel _._.,,.-._. ...... -.-...-$
Motor Vehicle Equipment Purchases --.--._--$
Publications and Printing ........................ ^ Equipment Purchases ._..--_--.,,__..._..._._,,.--.._..$ Per Diem and Fees ............................$ Computer Charges .................................^ Other Contractual Expense ............................% Total Funds Budgeted ............................. ^ State Funds Budgeted ....................... ....^
Total Positions Budgeted

27,853
--0--
1,050 400
131,950 4,000
--0-- 326,436 326,436
7

6. Advertising Budget:
Advertising ................................. .......J^ Total Funds Budgeted ......................... ...^ State Funds Budgeted ................................ .^ Total Positions Budgeted

723,750 723,750 723,750
0

7. Ports Authority Budget:
Authority Lease Rentals ...._._._._.._.__._._....-.._...$ State of Georgia General
Obligation Debt Sinking Fund ..__._.._.._..,,.$ Total Funds Budgeted .............................^ State Funds Budgeted ..................................^ Total Positions Budgeted

2,790,000
4,500,000 7,290,000 7,290,000
0

8. World Congress Center:
Direct Payments to the World Congress Center for Operations --..--_..--.$
State of Georgia General Obligation Debt Sinking Fund ..................... .....^
Total Funds Budgeted ............................ ^ State Funds Budgeted ............................. .^,

150,000
2,893,478 3,043,478 3,043,478

Budget Unit Object Classes:
Personal Services ,__..__.,, ....... _.._.._..$ Regular Operating Expenses ............................^ Travel ........................ ..^^ Motor Vehicle Equipment Purchases ._------..$ Publications and Printing ..............................^ Equipment Purchases ------,,--..--...--...,,--..--..$ Per Diem and Fees ...................................... ^ Computer Charges ................................... .^ Other Contractual Expense ..............................^ Capital Outlay ... ..........^........................ .....^, Local Welcome Center Contracts _,,___._______.___.$ Advertising .............................................^ Promotional Parade Floats .....,,._-..-...,,..,,...._$ Authority Lease Rentals ....-...,,._..,,....._,,....-...$ State of Georgia General Obligation
Debt Sinking Fund .....................$ Direct Payments to World Congress
Center for Operations ....................... ^

1,635,136 704,930 109,853 5,000 35,800 6,540 232,684 24,465 --0-- --0-- 75,230 723,750 28,000
2,790,000
7,393,478
150,000

MONDAY, JANUARY 19, 1976

123

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $4,500,000 is specifically appropriated for the pur pose of financing repairs and construction and land acquisition by the Georgia Ports Authority through the issuance of not to exceed $52,000,000 in principal amount of General Obligation Debt.

B. Budget Unit: Community Affairs ...-....-....-.........$
1. Executive Office and Administrative Support:
Personal Services ....................................... ...^ Regular Operating Expenses ............................$ Travel ............................... ......^ Motor Vehicle Equipment Purchases .--.._._--$ Publications and Printing ................................^ Equipment Purchases ........................................$ Per Diem and Fees ...-....-...--...--.....-.....-....-$ Computer Charges ...--. .--_.----------._.------.$ Other Contractual Expense .,,_._...__.._....,,._...._..$ Total Funds Budgeted ......................... ^ State Funds Budgeted .._.,,...__,,...,,_...._....._.....__..$ Total Positions Budgeted
2. Area Development:
Personal Services .......................................$ Regular Operating Expenses .--..--.--...----.$ Travel ....................... .^....... ...^ Motor Vehicle Equipment Purchases --.--__.--.$ Publications and Printing __________,,__.__.._,,___._____$ Equipment Purchases ................................$ Per Diem and Fees ........................ ....^ Computer Charges .......................................$ Other Contractual Expense ..............................$ Grants to Area Planning and
Development Commissions ._..,,--...--..,,...._--$ HUD 701 Planning Grants .__.-...._,,........._..........$ Total Funds Budgeted .................... ...^ State Funds Budgeted ........ .... ..-- ..$ Total Positions Budgeted

2,563,892
53,584 2,000 3,000 --0-- 1,000 2,916 --0-- --0-- 207,000 269,500 269,500
3
172,481 13,852 4,750 --0-- 2,000
1,475 32,542 --0-- --0--
1,161,100 1,466,366 2,854,566 1,225,917
11

3. Local Development:
Personal Services ........................... ^ Regular Operating Expenses ............................$ Travel .............. ^$ Motor Vehicle Equipment Purchases _...._..._._...$ Publications and Printing ...,,..,,....__._.._..._...._..$ Equipment Purchases .............................$ Per Diem and Fees ........_.-...-...._..._...._..-..-_...._...$ Computer Charges .........................................$ Other Contractual Expense _----_.--._--,,_---_--$ Total Funds Budgeted ...............................^ State Funds Budgeted _,,....,,.........,,...._....._._..._,,.$ Total Positions Budgeted

217,159 26,081 16,628 --0--
6,412 6,906 1,350 --Of-- --0-- 274,536 56,000
17

124

JOURNAL OF THE SENATE,

4. State Development:
Personal Services ..............................................^ Regular Operating Expenses .------_--------$ Travel ...............................................................^ Motor Vehicle Equipment Purchases _._...,,_.,,,,$ Publications and Printing --_----___--$ Equipment Purchases .............................^ Per Diem and Fees .........................................^ Computer Charges ------------_------------$ Other Contractual Expense ------_------------$ Total Funds Budgeted ,,------_--------___$ State Funds Budgeted ----------------------$ Total Positions Budgeted
5. State Crime Commission Planning and Grant Administration:
Personal Services ....................................^ Regular Operating Expenses ------_--------$ Travel ................................. ^ Motor Vehicle Equipment Purchases --_--_$ Publications and Printing ----_--_--.------_$ Equipment Purchases ....................................^ Per Diem and Fees --------------------------.$ Computer Charges ........................................^ Other Contractual Expense ------------------.$ Total Funds Budgeted __----------.----___--$ State Funds Budgeted -__----____----------_.$ Total Positions Budgeted
6. Crime Statistics Center Data Budget:
Personal Services .................................. .^ Regular Operating Expenses ___----_--_--.--_$ Travel .--.------.._-.------------ .....$ Motor Vehicle Equipment Purchases --_.--..$ Publications and Printing _--------------___$ Equipment Purchases ..................................^ Per Diem and Fees ____-.------------___$ Computer Charges ......................... ..........^ Other Contractual Expense --_------------------$ Total Funds Budgeted .......... ^ State Funds Budgeted ------------------$ Total Positions Budgeted
7. Georgia Organized Crime Prevention Council Budget:
Personal Services ........................................^ Regular Operating Expenses .............. .....^ Travel ........................................^ Motor Vehicle Equipment Purchases --_.------j Publications and Printing __--______--_--$ Equipment Purchases ----------------------$ Per Diem and Fees ...................................... ^ Computer Charges --------------_--------------$ Other Contractual Expense -----._------_--.--$

--0-- --0-- --0-- --0-- --0--
--0--
--0-- 0
506,215 70,910 17,600 --0-- 8,750
1,000 16,000 --0-- --0-- 620,475 62,048
35
66,011 9,313 3,972 --0-- 8,760 --0-- 3,674 14,156 --0-- 105,886 --0--
4
34,270 5,910
700 --0--
750 --0--
1,700 --0-- --d>--

MONDAY, JANUARY 19, 1976

125

Total Funds Budgeted _________________________ __^ State Funds Budgeted ........_-..,,......._......__.._.....$ Total Positions Budgeted

43,330 4,333
2

8. Impact Cities:
Personal Services __________________________________________$ Regular Operating Expenses --._-._,,.____--____,,_,,$ Travel ._________________________.______-___________________________.$ Motor Vehicle Equipment Purchases ______________$ Publications and Printing __._____________,,______,,___.$ Equipment Purchases .--...............--.............--_$ Per Diem and Fees ______________ ______^______ _____________$ Computer Charges _____-__________________________________--__$ Other Contractual Expense _____________________ ___.___^ Total Funds Budgeted ______.__.___.________________$ State Funds Budgeted __________.______________$ Total Positions Budgeted

25,102 237 54
--0-- --0-- --0-- --0-- --0-- --0--
25,393 --0--
1

9. Juvenile Justice Program:
Personal Services -_,,..,,_--_.....___._.--_....-__.....__-$ Regular Operating Expenses _______________-___________$ Travel --.--_._,,.-----_.--,,.._..-$ Motor Vehicle Equipment Purchases -----_.---$ Publications and Printing _________,________________________$ Equipment Purchases --._.,,.-----------__,,,,....__...$ Per Diem and Fees ._____.......-.....__.-....__....._......_$ Computer Charges _______-_______-_________________________$ Other Contractual Expense _____________,,____________$ Total Funds Budgeted ~--____~___.__~~--_-____,,_.__.$ State Funds Budgeted ,,--....,,.....--...._,,...._.......$ Total Positions Budgeted

32,698 2,914 1,111 --0--
250 1,425 3,600 --ft-- --0-- 41,998 --0--
3

10. LEAA Grants Budget:
LEAA Impact Cities _________________________________ ___^ LEAA Action--Local ____-________.__.____,,______-______.$ LEAA Action--State ______________________________$ LEAA State Buy-In __________.__________,,_____,,,,_____,,__.$ LEAA Discretionary .........................................I ' LEAA Planning _.____.__________._._________$ Total Funds Budgeted _________._____.________________________$ State Funds Budgeted .................-...._......_..._..? Total Positions Budgeted

194,267 14,590,320 9,595,254 1,600,801
862,963 830,319 27,673,924 946,094
0

Budget Unit Object Classes:
Personal Services _____________________________$ Regular Operating Expenses --_,,,,----____--____.$ Travel .__......_.._...__........_.......,,.........._....._.............$ Motor Vehicle Equipment Purchases --.....___.$ Publications and Printing _______________ _____$ Equipment. Purchases ____________________ _____________^ Per Diem and Fees ...-,,...._..........__-..._.......____..$ Computer Charges -.--------.---------_,,.---,,...--$ Other Contractual Expense ..-__........_.......,,..,,$

1,107,520 131,217 47,815 --0-- 27,922 13,722 58,866 14,156 207,000

126

JOURNAL OF THE SENATE,

Grants to Area Planning and Development Commissions --_---_--._____--.--.$
HUD 701 Planning Grants .........................I LEAA Action Local ...._.......,,...._......._..,,...__._...$ LEAA Action State ------------------------$ LEAA State Buy-In _.__...,,._._.__-__...$ LEAA Discretionary ----------------------.$ LEAA Planning -----------------------------$ LEAA Impact Cities -------------------------$

1,161,100 1,466,366 14,590,320 9,595,254 1,600,801
862,963 830,319 194,267

For general administrative cost of operating the Department of Community Development, including ad vertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission Office, including the State "buy-in" for Law Enforcement Assistance Agency grants to local governmental units.
Section 14. Office of Comptroller General.
Budget Unit: Office of Comptroller General .........___._..._...-.,,-.-...-_.-..,,._..__-$
1. Internal Administration Budget:
Personal Services --------------------------$ Regular Operating Expenses ----------------$ Travel __..__________.,,.._____._.__....______._-$ Motor Vehicle Equipment Purchases .,,--.----.$ Publications and Printing --__-.--.--_-,,___--____.$ Equipment Purchases -----------------------$ Per Diem and Fees .............................................I Computer Charges ___-._-.,,___.__,,_..___--_--,,_,,-__$ Other Contractual Expense ---_---._______.-_,,---$ Total Funds Budgeted _,,______._.____,,___-_.___,,_.___..$ State Funds Budgeted ---- ---- ------------$ Total Positions Budgeted
2. Insurance Regulation Budget:
Personal Services ---------------------------$ Regular Operating Expenses ----------------$ Travel _____.._,,__.._-.-.___._-_.--..$ Motor Vehicle Equipment Purchases ._.--.,,-._$ Publications and Printing ...,,......_..__._.._......_...$ Equipment Purchases ---------------------- -^ Per Diem and Fees _____._._.________.,,.,,_.___.__.-__-___.___.$ Computer Charges ------------------------$ Other Contractual Expense ------------------$ Capital Outlay -------------------------$ Total Funds Budgeted ------------------^ State Funds Budgeted -----------------$ Total Positions Budgeted
3. Industrial Loans Regulation Budget:
Personal Services -------------------------$

3,086,567
288,934 60,355 13,800 --0-- 5,200
300 9,200 --0-- --0-- 377,789 377,789
19
495,114 23,500 7,000 --0--- 28,000
700 8,200 26,500 --0-- 6,000 595,014 595,014
40
207,801

MONDAY, JANUARY 19, 1976
Regular Operating Expenses -----_---.....--.....$ Travel .......................................................... ^ Motor Vehicle Equipment Purchases --__--___.__$ Publications and Printing ........................$ Equipment Purchases ----_,,-..,,..-------..-__...--._$ Per Diem and Fees ................................ .....^ Computer Charges .................................. ..^f Other Contractual Expense __--__.__,,_-____,,_._____.$ Total Funds Budgeted ,,._.._...___.___..._,,$ State Funds Budgeted .................. ^ Total Positions Budgeted

127
22,636 15,000 50,400 1,600 --0--- --0-- --0-- --0-- 297,437 297,437
15

4. Information and Enforcement Budget:
Personal Services ....................................$ Regular Operating Expenses ___--____--__,,__--.,,__$ Travel ............................... ^ Motor Vehicle Equipment Purchases .,,...--.....$ Publications and Printing .__._____--_,,--__.__--._...$ Equipment Purchases ..................................$ Per Diem and Fees ..............................................^ Computer Charges _---______-.--_,,,,_______----_,,_.--___$ Other Contractual Expenses ...----_.----..--_...$ Total Funds Budgeted ..........__._......__......____......$ State Funds Budgeted ........................ ^ Total Positions Budgeted

347,459 31,600 14,500 12,600 5,000 700
5,000 --0-- --0-- 416,859 416,859
32

5. Fire Safety and Mobile Home Regulation Budget:

Personal Services .............................$

Regular Operating Expenses _,,.-._.__.__..._.,,..__..$

Travel

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

Motor Vehicle Equipment Purchases _...,,----.$

Publications and Printing ..__.,,......__,,....____......$

Equipment Purchases ................................ .^

Per Diem and Fees .....................................$

Computer Charges ......................................$

Other Contractual Expense ...............................^

Total Funds Budgeted ............................$

- State Funds Budgeted ........................ ....^

Total Positions Budgeted

1,082,897 88,721 125,200 151,200 20,000 1,950
500 --0-- --0--
1,470,468 1,399,468
97

Budget Unit Object Classes:
Personal Services ................................. ^ Regular Operating Expenses ................... ^ Travel ............................................. ...^ Motor Vehicle Equipment Purchases ,,....,,--...$ Publications and Printing .,,..........,,...._._._....._.$ Equipment Purchases ................................$ Per Diem and Fees ................. ...J^ Computer Charges ................................ ...^ Other Contractual Expense ..................$ Capital Outlay ...................................... ^

2,422,205 226,812 175,500 214,200 59,800 3,650
22,900 26,500 --0--
6,000

128

JOURNAL OF THE SENATE,

Section 15. Department of Defense.
Budget Unit: Department of Defense .--...._.--_.$
1. Administration and Support of State Militia Budget:
Personal Services ......................................$ Regular Operating Expenses ................... .^ Travel ........................................................... ....^ Motor Vehicle Equipment Purchases ,,._--_,,__$ Publications and Printing ...........................^ Equipment Purchases ........-........................--..^ Per Diem and Fees ....._....__-.____._.._..................._$ Computer Charges .........................--.............^ Other Contractual Expense ........................ ...^ National Guard Units Grants .........................^ Georgia Military Institute Grant ..,,...,,_._-._..$ Civil Air Patrol Contract .........................^ Total Funds Budgeted ___._.____..,,_,,,,____._____,,.__.$ State Funds Budgeted .............................. ...^ Total Positions Budgeted
2. Civil Defense Budget:
Personal Services .............................................J$ Regular Operating Expenses ..--_..----._---_..-$ Travel _...,,_._..-.......-_-..._._-..--..-------$ Motor Vehicle Equipment Purchases ...._,,..._...$ Publications and Printing ..............................^ Equipment Purchases ,,---_----____----._._---_~$ Per Diem and Fees .........................................^ Computer Charges _--,,------.............................^ Other Contractual Expense ___--_----___-__,,_____$ Total Funds Budgeted .....................................^ State Funds Budgeted ..................... .4 Total Positions Budgeted
3. Armory Maintenance and Repair Budget:
Personal Services .____.____.~~.__..~~_.--_---_-$ Regular Operating Expenses .....................4 Travel ......................................... ...^ Motor Vehicle Equipment Purchases ......--.....$ Publications and Printing ......-.....,,...--,,..----.$ Equipment Purchases .....................................^ Per Diem and Fees ...........................................^ Computer Charges _-_,,._.--__--......--_....--....-$ Other Contractual Expense ..........................^ Total Funds Budgeted ..................................^ State Funds Budgeted -.-..,,.............-......,,...,,......$ Total Positions Budgeted
4. Disaster Preparedness and Recovery Budget:
Personal Services -.---.---...---....--......---...--$ Regular Operating Expenses ._..._----.._.--.._.-? Travel ...................................................^

1,567,788
535,023 96,200 4,000 --0-- 25,000 --0-- 7,000 --0-- --0-- 198,000 15,500 19,000 899,723 899,723
36
451,358 71,033 14,000 --0--
5,800 --0-- --0-- --0-- --0-- 542,191 295,880
33
57,800 101,007
3,000 --0-- --0--
5,000 --0-- --0-- --0-- 166,807 166,807
5
147,740 8,371 18,500

MONDAY, JANUARY 19, 1976

129

Motor Vehicle Equipment Purchases ,,_,,___--,,_$ Publications and Printing __,,__________._________,,__,,$ Equipment Purchases _____.----._----.....--_.? Per Diem and Fees -.------_.--__.-_------.---_.$ Computer Charges .-._----.--_--._-____-..--_--_...__.$ Other Contractual Expense -...,,,,--_.__-.,,_...-..$ Total Funds Budgeted .._......._.__-._..._.___.___.__.___.$ State Funds Budgeted ......_..._.._..._.__..__..1.._..._$ Total Positions Budgeted

--0-- 7,900 3,500
--0-- --0-- 24,576 210,587 --0--
10

5. Service Contracts Budget:
Personal Services ........-._-..._..-_._...._.-.__......_-...$ Regular Operating Expenses .----.----..--.--_--.| Travel __......._...__..__..._..___.._.____..____,__..._____________..___$ Motor Vehicle Equipment Purchases ____-_.-.$ Publications and Printing ._..,,.._.,,..,,_._.._.,,_..$ Equipment Purchases --__-._.._----.--...-..-.___._..._$ Per Diem and Fees _,,__,,.__~__~------,,_.____--.$ Computer Charges _______-__.______-__-_______.___._______$ Other Contractual Expense __--_--..._--_____.._--$ Total Funds Budgeted .-__-__-.-..-_..-._.._-.-.__-$ State Funds Budgeted -,,..,,.--....__.._.._--.......-,,.$ Total Positions Budgeted

1,143,707 145,599 4,000
500
1,293,806 205,378 118

Budget Unit Object Classes:
Personal Services ._..._...__...-._......,,...-._...___._.__..$ Regular Operating Expenses ________________-__,,_$ Travel ............._.._._..._..._..-.._.._..:.._.___..._.._._.._...$ Motor Vehicle Equipment Purchases -__--_,,_._$ Publications and Printing ................................I Equipment Purchases _._--__------___..__------$ Per Diem and Fees ..-.._..-._.-..-...._........_.._.__..__.$ Computer Charges .--,,_,,._.----_.--_--.--_----_$ Other Contractual Expense --..-_.....-_..._..--...$ National Guard Units Grants i._...._..._........_.._f Georgia Military Institute Grant _~_~_--..__..$ Civil Air Patrol Contract ._.............._....._..,,....$

2,335,628 422,210 43,500 --0-- 38,700 9,000 7,000 --0-- 24,576 198,000 15,500 19,000

Provided, however, that of the above appropriation, $19,000 is designated and committed for the Civil Air Patrol for the purposes of training and preparation for assistance to the Department of Defense in the accom plishment of its Civil Defense functions.

Section 16. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education .,,....._..$ 638,725,039

1. General Education Budget:
Personal Services ----_...--__~_...._........_$ Regular Operating Expenses .___--_-.---._..$ Travel ............__....___........_.._......._.._._._.__$

795,226 87,292 47,762

130

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases _,,._,,,,_-$ --0--

Publications and Printing .....,,_._..__.,,.._._.._.$

49,686

Equipment Purchases ._..-_.-..._..--._-.----,,--._..$

5,200

Per Diem and Fees -.--..--.-----_.--._..--__..__$

49,287

Computer Charges ,,--.-_..--_,,-.--.--.,,...--..,,.._ $ --0--

Other Contractual Expense __-._---__.-....--.$ 170,500

APEG Grants:

Salaries of Instructional Personnel

(Sec. 10(a) (1) and 10(a) (2)) ....._......$ 298,363,860

Salaries of Student Supportive

Personnel (Sec. 20(a)) ,,_,,.,,..._._......_.$ 11,457,332

Salaries of Administrative and

Supervisory Personnel (Sec. 21 (a)) ._._$ 39,828,797

Instructional Equipment (Sec. 14) ...._....._$ 450,718

Maintenance and Operation (Sec. 15) ._...$ 47,730,625

Sick and Personal Leave (Sec. 16) _______.$ 2,556,998

Travel (Sec. 17) __.________.________.._..____._____.$ 520,298

Isolated Schools _..._._.__-.,,-.._---____-___-..-..-$

57,761

Mid-Term Adjustment _~_~_--._--.._,,..._.._$ --0--

Non-APEG Grants:

Teacher Retirement _.-_......___.._...._._.._.._.$ 30,816,929

Driver Education _...,,.-_._-..-..._.._._._._....._.$ 375,000

Cooperative Educational Service

Agencies ___________..___.______.___.__.____._..$ 2,502,000

Superintendents' Salaries ....._.........._.__...$ 2,942,055

Compensatory Education ____,,_,,__,,______.$ 10,246,750

Education of Children of Low-

Income Families (Migratory) ___.___..___.__.$ 712,212

Total Funds Budgeted ________________._..-.-.$ 449,766,288

State Funds Budgeted ___.__-.-..--_-_--_$ 448,353,901

Total Positions Budgeted

40

2. Pre-School Education:
Personal Services -.-_.-.------.-.-------$ Regular Operating Expenses --.-----,,.-.--.--.$ Travel _______-____.___-__.--~~-~_--~~~~~$ Motor Vehicle Equipment Purchases ._-_--.-$ Publications and Printing -.__.-.-_._.._--..-.-$ Equipment Purchases ....--,,-..---..-,,__--_.,,--.--$ Per Diem and Fees _,,__,,___-._.-_--_-_-____-$ Computer Charges _.._...-_--.--.--..-__-..--.----_$ Other Contractual Expense ,,_--.--.....--.-_.-.--.$
APEG Grant: Selective Pre-School Development _....._.,,.$
Non-APEG Grant: Education of Children of Low-Income Families --.--_..-__--,,_------.$
Total Funds Budgeted ....................--..........--I State Funds Budgeted ...................................I
Total Positions Budgeted

108,190 11,718 11,600 --0-- 3,986
250 600 --0-- --0--
5,933,035
13,950 6,083,329 6,068,196
7

3. Regular Vocational Education Budget:
Personal Services --._.__._--_--.----.-------_---$ Regular Operating Expenses .____--__--.._-__---$ Travel __..___...-_..---------------?

1,743,576 120,290 145,707

MONDAY, JANUARY 19, 1976

131

Motor Vehicle Equipment Purchases __--.._.$ Publications and Printing _.,,.,,..,,_.....,,._._._..$ Equipment Purchases .__.,,___..,,-_-...._._......._.$ Per Diem and Fees ...............................^._..$ Computer Charges ---_--.--_----..--._,,__,,__,,__$ Other Contractual Expense __._.________,,__,,_____$ Grants:
High School Program ........................,.........$ Teacher Retirement ..................................^ Teacher Training and Research __.._______.$ Adult Education -._.._._.._._.._._.__________.$ Area Vocational Technical Schools _._.__._.$ Area Vocational Technical
Schools--Construction ..........................$ Manpower Development and Training _..$ Comprehensive Employment and
Training ...............................................$ Total Funds Budgeted .._.......-.............__._..._..$ State Funds Budgeted ..............................^ Total Positions Budgeted

--0-- 22,710 11,351 6,700 --0-- 137,778
12,921,620 1,697,754 1,159,810 2,492,196 27,697,934
225,000 30,000
4,659,049 53,071,475 32,442,921
105

4. Special Education Budget: Personal Services ....__...___--..._.................$ Regular Operating Expenses --___--____--__-_.$ Travel ----_:. ---_.. -_-._-_-__..............$ Motor Vehicle Equipment Purchases ----_....$ Publications and Printing ._,,_._..._.................$ Equipment Purchases _--_.-,,._---.-_--_-_,,.,,--,,$ Per Diem and Fees ,,..--....................................$ Computer Charges -_-_--._------.--..--,,.--.--.-.$ Other Contractual Expense --_----_-___.___--_,,_$
APEG Grants: Salaries of Instructional Personnel (Sec. 5) ._..._..-..--...._..--....,,_..$
Maintenance and Operation (Sec. 15) _...__.$ Sick and Personal Leave (Sec. 16) ..,,_..,,..,,..$ Travel-Special (Sec. 17) ..___-.......................$
Special Education Leadership Personnel (Sec. 21 (c) (2)) ..................... 9
Pupil Transportation (Sec. 25) ..................$ Non-APEG Grants:
Instructional Services for the Handicapped ..-........-.........$
Preparation of Professional Personnel in Education of Handicapped Children ._,, $
Educational Training Services for the Mentally Retarded ,,__,,_,,--__-_.___-_$
Tuition for the Multi-handicapped ____--__,,$ Severely Emotionally Disturbed _..._.._........$ Teacher Retirement ........................................i Total Funds Budgeted ......................$ State Funds Budgeted ..--...-...-...~...-...~.~--.j
Total Positions Budgeted

405,989 40,969 36,406 --0--
7,335 3,125 4,632 --0-- --0--
36,297,902 5,997,256 321,281 73,223
283,220 1,965,578
2,424,524
106,454
300,000 522,000 5,092,773 3,262,467 57,145,134 54,372,038
27

5. Compensatory Education Budget: Personal Services __..,,._.__-._--____--_--.___.$

316,439

132

JOURNAL OP THE SENATE,

Regular Operating Expenses .__...____--_,,_--_____$ Travel ...............................................................^ Motor Vehicle Equipment Purchases _,,______,,_$ Publications and Printing ................................$ Equipment Purchases ,,--.._,,.._--,,_..___,,______.$ Per Diem and Fees .,,__----___---____----_._--_._.$ Computer Charges ......................................$ Other Contractual Expense -_---_--___--.,,____.$ Education of Children of
Low-Income Families -._---,,-...,,-..,,...,,..,,$ Total Funds Budgeted ................................ ...^, State Funds Budgeted ........_....._......_....._....._....$ Total Positions Budgeted

30,978 18,093 --0-- 3,500
306 --0-- --0-- --0--
46,821,203 47,190,519
45,511 23

6. Instructional Materials Budget:
Personal Services ...............^.........................^ Regular Operating Expenses --._,,_.__--,,.,,_-__.$ Travel .__-_ ..................................... ....^ Motor Vehicle Equipment Purchases ___--,,_-$ Publications and Printing ,,_,,__.,,____.,,___,,___.$ Equipment Purchases --.._-----.._-_-._,,._.-$ Per Diem and Fees .............................. ...^ Computer Charges ._--_---,,------_--_.._.--_$ Other Contractual Expense ............................^ APEG Grant:
Instructional Materials and Media (Sec. 13) ..................................^
Non-APEG Grants: School Library Resources and Other Materials ...............................$ Strengthening Instruction in Critical Subjects .-.-....,,_..,,..-...,,.-_....._...,,$
Total Funds Budgeted ..................................^ State Funds Budgeted ..---.----.--.----$ Total Positions Budgeted

111,669 21,337
6,384 --0--
25,998 23,656 10,000 --0-- --0--
9,978,035
1,815,832
802,676 12,795,587 10,038,044
9

7. Educational Media Budget:
Personal Services ...........................r...............4 Regular Operating Expenses .,,_,,._--,,.._--.--.$ Travel ..._..,,..,,_-._._...-._.__..._..-.-..-.-._._,,..._$ Motor Vehicle Equipment Purchases __._._-._.$ Publications and Printing __.__-__,,_-_,,__.,,__,,,,.$ Equipment Purchases _.___._-__-_,,--._-__..-$ Per Diem and Fees ....__..._.--..---_--,,..._-.._$ Computer Charges ._..._._--__-----,,.--_--__-.$ Other Contractual Expense _,,,,.._._------,,--.$ Authority Lease Rentals ~_._~_--___~-._~--i Capital Outlay .._...._....-..._-...__.-.._..._____-__$
Grants: Summer Library Supervisory Program __..____..-.-.-.....-.........-..-......-..I Educational Television .____.....,,.......,,....._._$
Total Funds Budgeted ........................-^ State Funds Budgeted _,,________.___________.-_.$ Total Positions Budgeted

2,167,104 1,402,011
58,649 --0^-- 136,192
57,672 135,267 --0--
51,154 333,204 300,000
62,830 56,186 4,760,269 4,119,269
178

MONDAY, JANUARY 19, 1976

133

8. Student Services Budget:
Personal Services ____.,,_-___-___._______,,_______._____$ Regular Operating Expenses ------.--.__.._--_,,$ Travel .....................................$ Motor Vehicle Equipment Purchases --------_.$ Publications and Printing --______._,,.._...,,._$ Equipment Purchases .................................^ Per Diem and Fees ...,,...._--___......._...................$ Computer Charges ----_--_.------.--.,,...--.._..,_$ Other Contractual Expense _--_--__.__--_____$ Grants:
Psychological Services ..................................$ Guidance, Counselling and Testing ._.,,...$ Total Funds Budgeted . --_...__. ....... .....$ State Funds Budgeted ....................^...............$ Total Positions Budgeted

241,387 22,982 15,240 --0-- 2,100
--0-- 819
--0-- 9,790
48,000 200,000 540,318 501,736
15

9. Ancillary Services Budget:

Personal Services ......... ..............................$ 686,762

Regular Operating Expenses ........................$

66,777

Travel ..........................................................^

53,656

Motor Vehicle Equipment Purchases .--.--_--.$ --0--

Publications and Printing ................................$

14,145

Equipment Purchases --__..-_._--._--_._..._.--$

2,075

Per Diem and Fees ._.__...__-.__-..._.__..-.._....._..$

7,500

Computer Charges --___-,,_.___-.,,--_.-___-.____-,,$ --ft--

Other Contractual Expense ........:.................$ --0--

APEG Grant:

Pupil Transportation (Sec. 25) .,,._._,,._.......$ 29,232,514

Non-APEG Grant:

School Lunch .....,,_.._...,,..............._...._...__...__...$ 78,525,798

Grants to School Systems for

Capital Outlay Purposes .._...-___--..----__--.$ 1,400,000

Grants to School Systems for Authority

Lease Rentals Payments to Georgia

Education Authority (Schools) _._______._. ._..$ 26,789,757

State of Georgia General

Obligation Debt Sinking Fund ...................^ 4,576,000

Grants Direct to School Systems

for Capital Outlay Purposes ,,-___--,,__.,,_____.$ 634,243

Total Funds Budgeted ......................$ 141,989,227

State Funds Budgeted -.-.__._.._..._-.___--_.$ 72,002,443

Total Positions Budgeted

42

10. Statewide Leadership Budget:
Personal Services ._.___-_._.._,,.._._-..,,..._...--..__$ Regular Operating Expenses .......................--$ Travel ,,__._..._._...._..._...___.._...-.._.__._._-.-. $ Motor Vehicle Equipment Purchases ._..._._-$ Publications and Printing ._.--._..----......--.--.$ Equipment Purchases ...........-- ..-- ..--.--.-.-- .^ Per Diem and Fees .......................___-.,,_----$ Computer Charges .,,___..,,--_,,------__-,,.--_-$ Other Contractual Expense ...........--....---....--^

560,330 36,979 46,091 --0--
3,400 1,375 --0-- --0-- --0--

134

JOURNAL OF THE SENATE,

Total Funds Budgeted ,,-_--.-._-_,,.._.__.,,$ State Funds Budgeted ----._-.-.... ..,,..._$ Total Positions Budgeted

648,175 600,412
33

11. Financial Services Budget:
Personal Services ..,,--.--_._.....--...._--_..._.-_..,,$ Regular Operating Expenses _-------,,-...--.--$ Travel __-_.-____._._.____._______.-_...__.___._$ Motor Vehicle Equipment Purchases ______$ Publications and Printing __...,,...._.._.._.._.....$ Equipment Purchases .__,,,,--._.__--_.__.--_--__--.$ Per Diem and Fees ..--._--_-._---._------___..--$ Computer Charges _-..--....--._,,,,........_......._____ $ Other Contractual Expense --.--...-..-..,,..--.....$ Total Funds Budgeted _..._,,_______,,___... ._,,_.,,._.$ State Funds Budgeted __-_-..-.,,_.,,....._..._..._.$ Total Positions Budgeted

255,725 21,240 21,866 --0-- 13,328
948 --0-- --0-- --0-- 313,107 217,201
16

12. Program and Staff Development Budget:
Personal Services ...,----_......_...-..-..........,,..-.._.$ Regular Operating Expenses ,,--_--------_----$ Travel .-.----,------------------$ Motor Vehicle Equipment Purchases _,,-__,,___-$ Publications and Printing ___._..___.___,,__.___.___-___-$ Equipment Purchases _____-._-.--._-.--_------_$ Per Diem and Fees _._.-_....-..._..____.__._._.-$ Computer Charges ______--.--.--_-,,----._-,--.--.$ Other Contractual Expense ------------.-- -$ Grants:
Supervising Teachers __._--_--_.-._,,,,..,,.._...$ Supplementary Education
Centers and Services ................................^ Staff Development ........................................^ Total Funds Budgeted ,,.._..,,._.___...-_._--..._.$ State Funds Budgeted ____.___.__,,________________,,.$ Total Positions Budgeted

757,699 44,837 28,200 --0-- 16,735 4,074 11,758 --0-- 669,114
145,000
2,504,951 490,000
4,672,368 1,890,379
57

13. Public Library Services Budget:
Personal Services --.____--.._------.--.--.------$ Regular Operating Expenses .--._..-.-_.._._--.$ Travel -.-..........-.-.--------------I Motor Vehicle Equipment Purchases ----.,,_-$ Publications and Printing .,,.----------._--.----$ Equipment Purchases ._..._--.----._------------.$ Per Diem and Fees ._.._..__.-._...-_....-._..,,_.-.$ Computer Charges ._._..--.__--.----------------$ Other Contractual Expense _.....-.._...,,_.-------$
Grants: Salaries and Travel of Public Librarians ._..,,...._.._......._.-.-_..$ Public Library Materials ._.__....,,.._.._.._..-$ Talking Book Centers _......-__..-._......---$
Public Library Maintenance and Operations ....._.____.----------$

571,972 253,789
9,007 --0--
9,671 7,146
600 --0-- --0--
2,458,976 1,845,868
160,000
848,922

MONDAY, JANUARY 19, 1976
Teacher Retirement ............................... .$ Public Library Construction ....-..-_.--_...,,,,..$ Total Funds Budgeted ...............................^ State Funds Budgeted ...........................$ Total Positions Budgeted

135
205,372 --0-- 6,371,323 6,111,322
52

14. Staff Services Budget:
Personal Services .............................................^ Regular Operating Expenses _________.__.__________.$ Travel -.,,..-_-...-_...._-...,,......_._.._..__._..._.........._. $ Motor Vehicle Equipment Purchases -_.----.$ Publications and Printing ..,,....,,...._:..__...._....$ Equipment Purchases ........................................$ Per Diem and Fees --._--...--....--..__..._....._.__..$ Computer Charges ---_,,--,,--_-_--_.__--__,,________.$ Other Contractual Expense --__...._.__..--....,,....$ Grants:
Supplementary Education Centers and Services ....................................$
Total Funds Budgeted .......... .. $ Indirect Computer Funding ............................$ Agency Funds ..--...--...........--..........--.........-.....$ State Funds Budgeted ....................................^ Total Positions Budgeted
15. State Board and State Superintendent Budget:
Personal Services ......................... .....^ Regular Operating Expenses ...........................^ Travel ...................................................................^ Motor Vehicle Equipment Purchases _.,,.. ..._._.$ Publications and Printing .___..__.....__..____._._.$ Equipment Purchases _--.._-....,,--..--...,,....--..$ Per Diem and Fees .............................................$ Computer Charges .__.....,,___.,,__..--,,,,............... ^ Other Contractual Expense -_..._.--.__.--__-____.-_.$ Total Funds Budgeted ......................................^ State Funds Budgeted ............... ^ Total Positions Budgeted
16. Surplus Property Budget:
Personal Services .. .___......_,,-....___,,...__.....___...-. $ Regular Operating Expenses ........................$ Travel _-._-_-._-_-_--.----.----------. $ Motor Vehicle Equipment Purchases _........__. $ Publications and Printing ..................... ^ Equipment Purchases _--____.--_,,.--,,--_--,,_.--$ Per Diem and Fees __--__------._--_----.----__$ Computer Charges _....__-....---...--------.---,,--$ Other Contractual Expense --.----..--.,,------$ Total Funds Budgeted .....__......-__....__.....-__.- $ State Funds Budgeted .......................$ Total Positions Budgeted

1,520,284 268,185 34,837 --0-- 62,880 13,095 1,107 555,585 19,853
240,489 2,716,315
340,000 783,526 1,592,789
105
216,811 37,591 14,267 --0-- 14,500 2,000 58,500 --0-- 111,508 455,177 271,574
11
392,409 152,531
16,000 --0--
2,500 12,000 --0-- --0-- --0-- 575,440 --0--
37

136

JOURNAL OF THE SENATE,

17. U.S.D.A. Food Distribution Budget:
Personal Services ........................................^ Regular Operating Expenses ----_--._----__--$ Travel ..........................................................^ Motor Vehicle Equipment Purchases _......$ Publications and Printing ____,,____._______.,,_________.$ Equipment Purchases ---,,..--,_...-_,,...__-...___..,, $ Per Diem and Fees ......................................^ Computer Charges --..-.......--................... ...^ Other Contractual Expense ,,_--.__..-.,,-.__....._.$ Total Funds Budgeted .................$ State Funds Budgeted _..._...-_.....-...-.-...._,,__...$ Total Positions Budgeted

118,867 9,392 15,504
--0-- 750
--0-- --0-- --0-- --0-- 144,513
97,303 6

Budget Unit Object Classes:
Personal Services ................................ ....^ Regular Operating Expenses ..........................^ Travel ......................................... .^ Motor Vehicle Equipment Purchases __-----.$ Publications and Printing .,,...,,...__..__...._......$ Equipment Purchases ............................. i Per Diem and Fees ....................................^ Computer Charges ..................-......--.......--$ Other Contractual Expense ...................$

10,970,439 2,628,898
579,269 --0-- 389,416 144,273 286,770 555,585 1,169,697

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1)

and 10 (a) (2)) ........................... .^ 298,363,860

Salaries of Instructional

Personnel (Sec. 5) ................ ^ 36,297,902

Salaries of Student Supportive

Personnel (Sec. 20(a)) .........................,$ 11,457,332

Salaries of Administrative and

Supervisory Personnel

(Sec. 21 (a)) .................... .....^ 39,828,797

Special Education Leadership

Personnel (Sec. 21 (c) (2)) ._,,___.,,._,,__..$ 283,220

Instructional Materials and

Media (Sec. 13) ..................... ....^ 9,978,035

Instructional Equipment

(Sec. 14) ......................... ^ 450,718

Maintenance and Operation

(Sec. 15) ................................. ^ 53,727,881

Sick and Personal Leave

(Sec. 16) ._..,,.,,.,,..-..._..._-._-_..-----$ 2,878,279

Travel (Sec. 17) ..................--........ ^ 520,298

Travel--Special (Sec. 17) ._..-..-..._..-_..-_.$

73,223

Pupil Transportation (Sec. 25) ____.-_._--_.._.$ 31,198,092

Isolated Schools .................-.......-$

57,761

Selective Pre-School Development .,,..,,.....$ 5,933,035

Mid-Term Adjustment ..............-.........--.....^ --0--

Non-APEG Grants: Teacher Retirement ................................^ 35,982,522

MONDAY, JANUARY 19, 1976

137

Driver Education ..--...,,--._-.,,.__,,,,..,,....._...._. $ Cooperative Educational
Service Agencies --_----_.~--_-...--.-_.__.__$ Superintendent's Salaries --,,.____________________$ Compensatory Education ....__....__._.....___,,___....$ Education of Children from
Low-Income Families .__.--,,_--_______.,,____.$ High School Program . ..-.._...._...__.......__.....$ Teacher Training and Research ..,,_..,,,,..._...$ Adult Education ._,,....,,...._...__.._..._....__.._..$ Area Vocational-Technical Schools .,,._-_.. $ Area Vocational-Technical Schools-
Construction _....._._..._......_......_._._.._..,,_....$ Manpower Development and Training ,,...$ Comprehensive Employment
and Training ____,,___,,._--__._-__________._____,,__,,_$ Instructional Services for the
Handicapped ---_....,,....._.._--_..._...........-.... $ Preparation of Professional Personnel
in Education of Handicapped Children... $ Educational Training Services
for Mentally Retarded _________________,,_____._.$ Tuition for the Multi-Handicapped _...._.... $ Severely Emotionally Disturbed _.._.....,,.....$ Strengthening Instruction in Critical Subjects ._...-,,.-__..-_-._-_.__..,,_-_.$ School Library Resources and
Other Materials _,,..._,,.-.-__....,,._._...._....,,..$ Summer Library Supervisory Program ....$ Educational Television .__.....__....._,,.._,,...__.,,.$ Psychological Services ---...,,....._-..__.-...._....$ Guidance, Counselling and Testing ....._..._.$ School Lunch ___..._.._.__._.._...._.._._....._.....,,_..$ Supervising Teachers .,,.-..-_--.-.----__-.....,,....$ Supplementary Education
Centers and Services -__.__.__-____--__.___,,.$ Staff Development ._,,_._..__--_,,___,,_-_,,_. .__.__$ Salaries and Travel of Public
Librarians ... ..___......__...._._..___..-__.-....,,.... $ Public Library Materials -___.__--._.____-_.$ Talking Book Centers -..-__....._.....,,....,,_....__..$ Public Library Maintenance
and Operations ....-.___...-_._.._._,,...__....._,,...$ Public Library Construction -,,----,,----.----$
Grants to School Systems for Capital Outlay Purposes _____,,__-_.__---_,,-$
Authority Lease Rentals ._...,,.-..-__._.__......._._...$
State of Georgia General Obligation Debt Sinking Fund ._____-___--__-_._.-.__-.$
Grants to School Systems for A. L. R. payments to Georgia Educational Authority (Schools) ...............$
Direct Grants to School Systems for Capital Outlay Purposes _--____-__,,_,,____.$
Capital Outlay -- ... ... ------.---- $

375,000
2,502,000 2,942,055 10,246,750
47,547,365 12,921,620
1,159,810 2,492,196 27,697,934
225,000 30,000
4,659,049
2,424,524
106,454
300,000 522,000 5,092,773
802,676
1,815,832 62,830 56,186 48,000
200,000 78,525,798
145,000
2,745,440 490,000
2,458,976 1,845,868
160,000
848,922 --0--
1,400,000 333,204
4,576,000
26,789,757
634,243 300,000

138

JOURNAL OF THE SENATE,

B. Budget Unit: Institutions ................. .....^ 8,318,623

1. North Georgia Vocational-Technical School Budget:
Personal Services .....-.................................$ Regular Operating Expenses __,,....______.,,_.,,____$ Travel ............................... ..^^ Motor Vehicle Equipment Purchases --..___.__.$ Publications and Printing ..........................^ Equipment Purchases ..................................^ Per Diem and Fees ................................... ^ Computer Charges _ --------...------._... __._........ .$ Other Contractual Expense ----.-----.--------$ Authority Lease Rentals ...................-- 4 Total Funds Budgeted ..........................$ State Funds Budgeted ............................^ Total Positions Budgeted
2. South Georgia Vocational-Technical School Budget:
Personal Services ............................ ....^ Regular Operating Expenses ........................^ Travel ................................ ..^ Motor Vehicle Equipment Purchases ..--.._...,,.$ Publications and Printing ..................... ....^ Equipment Purchases ........................ ............^ Per Diem and Fees ..----.--...-- -- --..-- -$ Computer Charges --..------.------.------$ Other Contractual Expense __..._--,,.,,_.,,...----.$ Capital Outlay ....................... .^ Authority Lease Rentals .__._----_.--....-.,,_~ $ Total Funds Budgeted .............. ^ State Funds Budgeted .......... ...^, Total Positions Budgeted
3. Georgia Academy for the Blind Budget:
Personal Services ........................ ^ Regular Operating Expenses -.._.......--..----- $ Travel ....................................... -^ Motor Vehicle Equipment Purchases .--_.-..-. $ Publications and Printing ._..._..,,..,,..._-....,,--.$ Equipment Purchases ....................... .^ Per Diem and Fees .............................^ Computer Charges ................................ -^ Other Contractual Expense .............................^ Capital Outlay ....................... ...^ Total Funds Budgeted ._.._.._..._...__...-._--.- $ State Funds Budgeted ............... ^ Total Positions Budgeted
4. Georgia School for the Deaf Budget:
Personal Services ._.___...----------...- $ Regular Operating Expenses ..,,..,,---_--.----.$ Travel ,,_-.__,,_.............----- .. . . $

1,320,067 395,329 14,975 --0-- 4,275 67,089 --0-- --0-- --0-- 54,750
1,856,485 1,256,503
98
1,132,541 292,356 14,950 --0-- 3,800 97,645 4,154 --0-- --0-- 50,000 49,315
1,644,761 1,097,773
89
1,324,832 249,675 6,500 --0-- 2,390 29,402 4,100 --0-- 16,222 --0--
1,633,121 1,368,906
150
2,414,450 534,131 4,400

MONDAY, JANUARY 19, 1976

139

Motor Vehicle Equipment Purchases .,,.._.,,._.$ Publications and Printing ............................ ^ Equipment Purchases -...--.__.._..----__--,,_--.__.? Per Diem and Fees .....................................^ Computer Charges ........................................$ Other Contractual Expense ............................$ Capital Outlay .............................. ^ Authority Lease Rentals .............................. ^ Total Funds Budgeted ................... ................$ State Funds Budgeted ..-_.--.__..-..__.___...__.._$ Total Positions Budgeted

4,000 --0--
24,650 500
--0-- --0-- 199,165
23,400 3,204,696 2,875,858
282

5. Atlanta Area School for the Deaf Budget:
Personal Services .........................................^ Regular Operating Expenses ----'..-.............--.$ Travel ..........................................................$ Motor Vehicle Equipment Purchases .............-$ Publications and Printing _...__.._,,.._....,,...._...! Equipment Purchases ......................................^ Per Diem and Fees _..-__-__.__..~__~~_--.___-$ Computer Charges ......................................$ Other Contractual Expense ............................$ Capital Outlay _..__-.___,,__,,__._,,____....__, ____.^$ Total Funds Budgeted ........................$ State Funds Budgeted ...........................$ Total Positions Budgeted

758,950 192,052
3,640 --0--
1,000 68,994 2,000 --0-- 89,400 --0-- 1,116,036 1,040,291
70

6. Alto Education and Evaluation Center Budget:
Personal Services .--_..~...---_--,,...__.--._--..._.$ Regular Operating Expenses ........................$ Travel ._,,.........._....__..__...__........................$ Motor Vehicle Equipment Purchases --....-- - $ Publications and Printing ....._..__._.._...._._..... $ Equipment Purchases ........................................$ Per Diem and Fees --_.--,,---._.--.---__.___--___$ Computer Charges ......................................^ Other Contractual Expense --------____--._$ Total Funds Budgeted ..................................% State Funds Budgeted ..........................^ Total Positions Budgeted

766,876 145,204
10,400 --0--
1,560 10,850 --0-- --0-- --0-- 934,890 679,292
54

Budget Unit Object Classes:
Personal Services ..............................-..............$ Regular Operating Expenses ........................$ Travel .__......._._...,,....___-._-_.._._-._-.__._. $ Motor Vehicle Equipment Purchases ...--_.--$ Publications and Printing _-._.___.___..---.--.$ Equipment Purchases __.._,,.._-__._.____-.____-.$ Per Diem and Fees --___-._--_.--._....--__._. $ Computer Charges -.-------------.------------..I Other Contractual Expense ...........................$ Capital Outlay _--_--._--._--._.._...--.__ _.__$ Authority Lease Rentals ........_..,,..........._......$

7,717,716 1,808,747
54,865 4,000 13,025 298,630 10,754 --0-- 105,622 249,165 127,465

140

JOURNAL OF THE SENATE,

Provided, that none of the State funds appropri ated above may be expended to initiate or commence any new program or project which would create a con tinuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.

Provided, that where teaching personnel are paid in whole or in part from funds other than State-local
funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer con
tributions to the Teacher's Retirement System applicable to such salary.

Provided, that of the above appropriation relative to Compensatory Education, $10,246,750 is designated and committed for a compensatory education program for students in grades 1 through 4. Provided, further, these funds shall be distributed based on a parity formula for remedial purposes only.

Provided, that of the above appropriation relative to selective pre-school development, funds shall be used to fund a half-day program for children who are age five by December 31, as follows: First priority for use of funds shall be to serve all five-year old children who are mentally, physically, or emotionally handicapped. The balance of said funds shall be used for development programs for five-year old children who are determined to be the most deficient in the developmental skills neces sary to succeed in the first grade. Provided, however, that such need be assessed on the basis of tests specif ically developed for use with children of pre-school age, measuring abilities and perception, language, and visual motor coordination. Local systems shall administer such tests to screen the academic readiness as a criterion for
admission.

Provided, tha^ the above appropriation relative to selective pre-school development shall be distributed to local systems on the basis of projections derived from the preceding year's first grade ADA.
Provided, further, that for said selective pre-school development program, the instructional unit shall be earned on the basis of one teacher and one aide for each 40 students in average daily attendance; except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students in average daily membership. Each in structional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost, and $10,155 for operational cost incurred in said pre-school development program to include maintenance and operation, sick and personal leave, instructional

MONDAY, JANUARY 19, 1976

141

media, testing, transportation, and additional instruc tional personnel when such additions will have the effect of serving additional students, provided such additional students shall not be used for the purpose of earning additional instructional units.
Provided, that independent school systems shall be eligible to participate in the "mini-buses" transportation program for Special Education Students.
Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973.
Provided, that from the appropriation of $346,332 above for Criterion-Referenced Testing for Students, Criterion-Referenced Testing for Teachers and for Competency-Based Certification Development, the State Board of Education is authorized to utilize these funds interchangeably to accomplish the development of all or any portion of the above mentioned activities.
Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding reg ular (general education) classroom teachers in grades where earned.
Provided, that of the above appropriation, relative to special education $27,500 is designated and com mitted for payment to the Houston County Board of Education for payment to Houston 'County Speech and Hearing School, and $27,500 is designated and committed for payment to the Houston County Board of Educa tion for payment to Houston County Happy Hour School.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,926,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the construction and equipping of school buildings and facilities through the issuance of not to exceed $22,150,000 in principal amount of General Obligation Debt. Also provided, that of the above $22,150,000 for school construction an amount of $5,000,000 is designated and committed for the purpose of construction and equip ping comprehensive high schools. The allocation of these funds shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolidation within a system, renova-

142

JOURNAL OP THE SENATE,

tions, outstanding local effort of school systems, age and conditions of existing school buildings, and such other criteria by the Board to insure that classroom need is
the basis of distribution.

Provided, that of the above appropriation, $1,400,000 is specifically appropriated for Grants to School Sys tems for Capital Outlay purposes.

Provided, that of the above appropriation relating to Area Vocational-Technical Schools--Construction Grants, $25,000 is designated and committed for archi tectural and engineering planning for the Area Voca tional-Technical School authorized in Chatham County.

Provided, that in Sections 20 and 21 of the Ade quate Program for Education Act, as it relates to earn ings of non-teaching certificated personnel which are not fully funded, and this Act causes a division of al location which had previously been provided from a single Section of the Minimum Foundation Program of Education Act, it shall be permissible for the State Board of Education to use non-teaching certificated personnel interchangeably in the divided sections so as not to cause hardship among the local school systems as it related to non-teaching certificated personnel who are presently employed.

Provided, that of the above appropriation relating to High School Grants, $250,000 is designated and com mitted, for new equipment and repairing existing equip ment in food processing centers; provided, further, that the State shall provide no more than 50% of the repair and equipment cost at any center; provided, further,
that the maximum amounts of State funds allocated per center shall be $20,000 for new equipment and $3,000
for repairs.

Provided that of the above appropriation relative to Grants for the Severely Emotionally Disturbed, $1,014,485 is designated and committed to establish four Severely Emotionally Disturbed Centers in Dougherty, Spalding, Bulloch, and Fulton Counties.
Section 17. Employees' Retirement System.
Budget Unit: Employees' Retirement System... $
1. Employees' Retirement System Budget:
Personal Services _-.-__._-_.-__.___--____._._..____,,___.$ Regular Operating Expenses --._..--.--..,,_.--$ Travel ._-.-_......._-._--,,___.__..__-._._..._._$ Motor Vehicle Equipment Purchases ____..._..$ Publications and Printing .._.._.._._._..,,..._....$

--0--
536,877 37,763 5,000
--0-- 12,000

MONDAY, JANUARY 19, 1976
Equipment Purchases _,,_,,....,,..--.---.--,,------.$ Per Diem and Fees .........,,,,._-........._-.....,,....._$ Computer Charges ............--,,............--..._.._.._$ Other Contractual Expense .....................,,.....$ Total Funds Budgeted -.......__--......-_,,.......-..-.$ State Funds Budgeted ---,,-------$ Total Positions Budgeted

143
3,500 65,000 125,000 53,000 838,140 --0--
43

Budget Unit Object Classes:
Personal Services -....---....-.......-....-...........-I Regular Operating Expenses _...,,.......--..,,._--.$ Travel ___.___.___.____-________---._---._- $ Motor Vehicle Equipment Purchases ._,,_,,.....$ Publications and Printing _________,,,,,,________,,___.$ Equipment Purchases ,,__.____--__--,,.__--____--.$ Per Diem and Fees ......--.,,.._----._.-....._.---$ Computer Charges ______ ............--...-.$ Other Contractual Expense ,,____.,,_.--.-_,,--.?

536,877 37,763 5,000 --0-- 12,000 3,500 65,000 125,000 53,000

Section 18. Forestry Commission.

Budget Unit: Forestry Commission _._-._,,,,..-..._.,,..$ 8,964,084

1. Reforestation Budget:
Personal Services ......--....-....---..-....-......---.I Regular Operating Expenses ..-.-.-..._.-..._....$ Travel .,,._._..__.___.____.-__-__________$ Motor Vehicle Equipment Purchases .,,.,,..,,..$ Publications and Printing ___.___........_.......,,...$ Equipment Purchases -_-.-.--..--.--...-..-___.,,--.$ Per Diem and Fees ......_..-,,.....-.-..._.-.........___$ Computer Charges .,,__-......,,_.-.-...._........,,..._,,$ Other Contractual Expense _------_--.,,_--.--.$ Total Funds Budgeted .....,,__......,,_..........__$ State Funds Budgeted .-.-_..--.__._..--_-.-.,,..$ Total Positions Budgeted

382,378 279,080
1,347 3,600
426 21,410 35,000 10,053 --0--- 733,294 230,083
28

2. State Forests Budget:
Personal Services ......_.........._.._..._,,....._._..._$ Regular Operating Expenses ....--.--.--__..__$ Travel ..__.._......_-_.......__....._._..,,.._...__..... $ Motor Vehicle Equipment Purchases ...._..-- $ Publications and Printing ,,.,,__......,,............._ $ Equipment Purchases ,,--..,,.----------..-._...-- $ Per Diem and Fees .....~,,_......._..-----_.--..,,.-$ Computer Charges .._.._.--...__,,.------_.,,.._.._$
Other Contractual Expense _--_-_.__--..___.--_$ Ware County Grant ____-___-_.,,____._________..____$ Total Funds Budgeted --.._.-.....-_...-._......_-..$
State Funds Budgeted _-..-._._,,.....,,...__..,,_....._$
Total Positions Budgeted

69,112 19,915
84 --0--
88 850 --0--
--0--
--0--
60,000
150,049
--0--
6

144

JOURNAL OF THE SENATE,

3. Field Services Budget:
Personal Services .-..-,,..-_--._.__-_._-..,,___._-.$ Regular Operating Expenses -...._....,,__-_-..,,..$ Travel -.--.---_--------$ Motor Vehicle Equipment Purchases ..____._.. $ Publications and Printing .____.___--_____-_.__.__,,__.$ Equipment Purchases _,,.__-....._-..___-__.._..__...___-$ Per Diem and Fees _-_,,..___-_-__---____--___-_-$ Computer Charges ____~.____~---__.-------? Other Contractual Expense ,,__--.,,_._--_--..--.$ Total Funds Budgeted ___,,__......__-__..____-...__--.$ State Funds Budgeted .___....__....___..._.-_,,__.__..$ Total Positions Budgeted

8,389,534 1,860,398
70,634 848,544
12,995 117,996 14,660
18,431 --0-- 11,333,192 8,235,840
799

4. General Administration and Support Budget:
Personal Services .,,--.-.---$ Regular Operating Expenses ,,__.,,.__,,___.__--____.$ Travel _______.---.----$ Motor Vehicle Equipment Purchases --_----_.$ Publications and Printing --,,__..___--__--_.----..$ Equipment Purchases ...._.--___...--,,_----..-----.$ Per Diem and-Fees __..,,,,...._____-_..--.---$ Computer Charges ---------,,-----------$ Other Contractual Expense ----_-__------_--,,$ Total Funds Budgeted _______-_.____._~--____~-_.$ State Funds Budgeted __..___.....__,,....__-......___-..$ Total Positions Budgeted

402,823 71,169 10,012 --0-- 13,136
2,855 2,500 55,294 --0-- 557,789 498,161
25

Budget Unit Object Classes:
Personal Services ....-_...._.__.......___....._.__...__.-..$ Regular Operating Expenses _-___-____.___..___.__.$ Travel .-__-__.--_-------- $ Motor Vehicle Equipment Purchases ____.._--_.$ Publications and Printing _____,,___________.___________$ Equipment Purchases _,,___----__.--__--__----,__$ Per Diem and Fees -.,,....__..-...,,....:___-....__.___..$ Computer Charges .-,,..-.____......._....._.__,,...___._.$ Other Contractual Expense _-..-__,,..--_--,,--...$ Ware County Grant ..._....-..,....__-......____-..__..._.$

9,243,847 2,230,562
82,077 852,144 26,645 143,111
52,160 83,778 --0-- 60,000

Provided, that of the above appropriation relating to Personal Services, $55,949 is designated and com mitted to upgrade the Towerman Series.
Section 19. Forest Research Council.
Budget Unit: Forest Research Council .___---.._.$
Forest Research Council Budget:
Personal Services ----_--_-___------._--__.._--_,,____$ Regular Operating Expenses --.,,_--....,,,,._._.$ Travel _....._.._......,,._....._..........__.,,._..,,._...._..___.__.$ Motor Vehicle Equipment Purchases -._,,._..--$

583,393
95,554 31,233 3,500 --0--

MONDAY, JANUARY 19, 1976
Publications and Printing .._._.,,....,,..__.. Equipment Purchases _.--------_._------- Per Diem and Fees ___,,.__________.__._-_____ Computer Charges _--.--._---,,--.----_. Other Contractual Expense _________________ Total Funds Budgeted ___.__..-_-_._________._. State Funds Budgeted --_--_--.---_----__. Total Positions Budgeted
Budget Unit Object Classes:
Personal Services __,,_.-_____...._.-...,,._.--_. Regular Operating Expenses ____,,___-___ Travel _.___,, __.__._ ,,,,.,,_.,,.. Motor Vehicle Equipment Purchases Publications and Printing _..__,,___._...___ Equipment Purchases __,,___-._..__,,-__.._..._. Per Diem and Fees -_,,.,,--_,,._,,.__.._..,,Computer Charges _.--.._--.___,,_-._...--.__ Other Contractual Expense _--__,,_.--
Section 20. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation $

145 25,000 ---0---
500 --0-- 538,170 693,957 583,393
7
95,554 31,233
3,500
7,254,465

1. General Administration Budget:
Personal Services -.........--.--..--.--..----......-....I Regular Operating Expenses ,,--_--.-__,,.._--_.$ Travel .._._..__-...._._-_..__...-...-_..__-._-.._...__..__..__..__..__,,.$ Motor Vehicle Equipment Purchases _.,,_,,,,.$ Publications and Printing ___._._.____..___.__._____,,____$ Equipment Purchases ,,__-___,,__-___-_,,___..._______._____$ Per Diem and Fees --._...__._._-.-_..__.._.....-..._.._____..$ Computer Charges ___.__._.__..___.__._____.___.________.__._$ Other Contractual Expense _._._____,,______..__._...$ Total Funds Budgeted _........_.......-.__..__-..-......_.$ State Funds Budgeted ._-. ,,--_..-__.-__.-.....-_.._.$ Total Positions Budgeted

359,299 85,269 4,000
--0-- 3,650 3,500 4,000 5,200 1,646
466,564 466,564
27

2. Operations Budget:
Personal Services .__......_-.._..._.-._._..._._...,,..__.__. $ Regular Operating Expenses -._--.-- .--____--_. $ Travel ._-.._........,,.._..__,,-_-.._..._..._..._..._.__,,.__.._..__..$ Motor Vehicle Equipment Purchases .__,.__,,___$ Publications and Printing ..._.._..._...........__.._..._.$ Equipment Purchases .__..__...._.._..._..__...____..._...$ Per Diem and Fees ._.__-.,,_..-_.._..._..._..,,..__._..,,.$ Computer Charges .._..,,..__.,,_..__......._.....__..__.__$ Other Contractual Expense _..--_.-_----._--,,--_$ Evidence Purchased -._-._--_--__...___,,.,,_...__.,,_..__..$ Total Funds Budgeted --,,..__,,_-,,..._.._-._..._..._.$ State Funds Budgeted _-.....___....._...___._._.._.._...$ Total Positions Budgeted

2,714,822 400,136 183,069 179,366 -3,500 32,887 10,500 1,000 --0-- 98,000
3,623,280 3,315,534
169

146

JOURNAL OF THE SENATE,

3. Crime Laboratory Budget:
Personal Services ..._-.__-._--...._......_,,....__....--.$ Regular Operating Expenses ..._....._--._...-.._....$ Travel ............................$ Motor Vehicle Equipment Purchases ,,.,,._.....$ Publications and Printing ................................I Equipment Purchases ...-..,,..._....,,.....-...._...__.$ Per Diem and Fees ..-...._-..,,...__...._-.._._-...._...__..$ Computer Charges .......-..__-........-..._-...-...__..$ Other Contractual Expense __......,,...__...._....._...$ Total Funds Budgeted .......................................I State Funds Budgeted ..-_...._..._-...__.....__...,_..-..$ Total Positions Budgeted

1,132,595 324,816 19,500 17,500 4,862 103,124 344 91,033 --0--
1,693,774 1,430,579
80

4. Georgia Crime Information Center Budget:
Personal Services ............................................I Regular Operating Expenses .......---....--.....--.$ Travel __._._..- -- ._ -- --$ Motor Vehicle Equipment Purchases .,,.,,__ $ Publications and Printing ._..___..._...,,...,,_.........$ Equipment Purchases _..-------.--,,----_,,_--_$ Per Diem and Fees ._-.._..._.........-...__.-.,,-.-__..,,.$ Computer Charges ...._...._...._.........._....._...._,,...,,.$ Other Contractual Expense .......--..._....__-..._...$ Total Funds Budgeted ........._....-...._...,,..__....$ State Funds Budgeted _..................,,_.....,,........._.$ Total Positions Budgeted

1,222,390 453,922 11,000 --0-- 151,016 31,590 2,500
1,032,001 40,584
2,945,003 2,041,788
120

Budget Unit Object Classes:
Personal Services _._.___._.______.____.,,__-_.__..-__,,._._$ Regular Operating Expenses ,,--.------.._-,,.$ Travel __._...__._$ Motor Vehicle Equipment Purchases _-...._._..$ Publications and Printing ............._....,,-...-..._..$ Equipment Purchases .,,--.-....._..._...-..-....,,..-_._$ Per Diem and Fees .-.._-..._....._.._...............-....$ Computer Charges .._____.___.._.__._._______..,,__,,,,.__. $ Other Contractual Expense ._._...._......_..._.,,.-...$ Evidence Purchase -...-........_-......._....._..._,,...,,.....$

5,429,106 1,264,143
217,569 196,866 163,028 171,101
17,344 1,129,234
42,230 98,000

Section 21. Georgia Motor Vehicle Commission.

Budget Unit: Georgia Motor Vehicle Commission .-.-...-....-...--...-..._,,..,,.....-..._.....$
Georgia Motor Vehicle Commission Budget:
Personal Services ___-,,..__.___.. ...........,,.........._-..._.$ Regular Operating Expenses -..._--.,,--.._-..._..$ Travel -..._-.....-..._..._...._........_........,,_....-_-.._.... $ Motor Vehicle Equipment Purchases --..,,--.--$ Publications and Printing ..,,_..........,,....,,.._.....$ Equipment Purchases .,,........,,--,,-..,,...,,,,...-.$ Per Diem and Fees ____.__.__.___.,,__,,__.__________._____$

52,029
26,239 11,180
500 --0--
3,110 1,000 10,000

MONDAY, JANUARY 19, 1976

147

Computer Charges --..----.._-...--...._......--,,._.$ Other Contractual Expense _-__.__._.__.-__.-__.____._.$ Total Funds Budgeted .-_..___.__._._..__..__..__..__.__..._$ State Funds Budgeted ._...__..__..__..._..__.__...__.___.._$ Total Positions Budgeted

--0-- --0-- 52,029 52,029
2

Budget Unit Object Classes:
Personal Services .__._--.._..._.._-.._-.-.-.-.--.-..$ Regular Operating Expenses _-_._.._.-__-._____-...-.$ Travel ............-......? Motor Vehicle Equipment Purchases __..__.____.$ Publications and Printing ._,,._._._,,._,,.__.._..._.._,,.$ Equipment Purchases .--__.__---.--..,,.._......_-.--$ Per Diem and Fees _..._.....,._.___._._-.._.-_..-__.-..._.._.$ Computer Charges _._._______________._____..___...______..$ Other Contractual Expense -........_..__,,__..__..__..$

26,239 11,180
500 --0--
3,110 1,000 10,000 --0-- --0--

Section 22. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission __.,,_.,,,,..._.._..._.$

250,000

Departmental Operations Budget:
Personal Services _. .__..__..._..__.._..___..___,,__,,__.___.$ Regular Operating Expenses ___..__._,,..-_._,,____._.$ Travel -.,,..,,.......-._-._._--.-_-......-._-._-.._..-_..,,..-_._.$ Motor Vehicle Equipment Purchases __..____,,_.$ Publications and Printing ,,__,,__,,...._..._.._...__.._..$ Equipment Purchases ....... .,,._-_._-__..__...________.$ Per Diem and Fees ...... .._.._..... ..-.._...._._...._._... $ Computer Charges .................. $ Other Contractual Expense ._...._......_......_.._..$ Revolving Fund for Construction
Planning __..__..._.._...__.._.,,.._...__..._....._..... ..._.......$ Total Funds Budgeted ._...._,,__..._..._..__..._..._........ $ State Funds Budgeted .._......._..__.._......._......_..._.$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .....-.--.--.....--.--......-............I Regular Operating Expenses -._......._.-_..._.._..._.$ Travel _-_..____-..-__.___.___.__._.___________.__.__..-._____.___.. $ Motor Vehicle Equipment Purchases . ......... $ Publications and Printing ._..__...__..._._..._.....__.._.$ Equipment Purchases ..--.--........-..--.--..-._--.....$ Per Diem and Fees ._..._.._,,.._..._..._..__...._._.__.._..._.$ Computer Charges _..__........._..._...__.._.........._....._.$ Other Contractual Expense ..... ...._..__.._.._..._.....$ Revolving Fund for Construction
Planning ........._..._..._......_......_...__._..._.._....._..._.. $
Provided, that of the above appropriation to the Georgia State Financing and Investment Commission,

765,592 287,000
11,500 --0--
21,500 20,000 71,000 20,000 71,700
250,000 1,518,292
250,000 44
765,592 287,000
11,500 --0--
21,500 20,000 71,000 20,000 71,700
250,000

148

JOURNAL OF THE SENATE,

up to $48,000 is designated and committed to prepare plans for a Regional Youth Development Center in Muscogee County.

Provided, that of the above appropriation to the Georgia State Financing and Investment Commission, up to $10,000 is designated and committed to prepare plans for a Sheltered Workshop in Dougherty County.

Provided, however, that none of the above ap propriation relating to the Revolving Fund for con struction planning shall be committed or expended un less specifically authorized in an Appropriations Act of the Georgia General Assembly, or approved by a ma jority of the members of the Fiscal Affairs Subcom mittees of the House and Senate.

Section 23. Office of the Governor.

A. Budget Unit: Governor's Office
Cost of Operations ........................ Mansion Allowance ....................... Governor's Emergency Fund .._._......._ Gubernatorial Transition Allowance Total Funds Budgeted .................. State Funds Budgeted _....._.....,,..__.......

2,782,980
844,380 38,600 1,900,000 --0-- 2,782,980 2,782,980

Budget Unit Object Classes:

Cost of Operations _--.,,----.------,,--,, Mansion Allowance ,,_----.._--,,__,,____.. Governor's Emergency Fund .__...,,__,,,, Gubernatorial Transition Allowance

844,380 38,600 1,900,000

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his dis cretion in any emergency that he may determine re quires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

B. Budget Unit: Office of Planning

and Budget ..............

.4

2,529,233

MONDAY, JANUARY 19, 1976

1. General Administration and Support Budget:
Personal Services _.._.,,,,...-__._..._........,,....__._._..__.$ Regular Operating Expenses ...._..._....__.._.....,,...$ Travel ...,,-.._..._.,,_...,,_....._.,,_......_.._.....,,....__..,,.__..$ Motor Vehicle Equipment Purchases --..--_--.? Publications and Printing .._..,,....,,...__..,,_........$ Equipment Purchases .._---_-.._.-_....____...___.._.$ Per Diem and Fees ..........................................I Computer Charges -___--__--__.-_._.--__~___.~________-$ Other Contractual Expense ._......__.,,..._.,,..__....$ Payments to Regional Commissions -.._._..___.$ Total Funds Budgeted .__.__...,,........,,..._._..._._..$ State Funds Budgeted ___.___.,,____.__.-_____________-__? Total Positions Budgeted

2. Council of the Arts Budget:
Personal Services __..........._.._...._....._..._..._..,,.__.$ Regular Operating Expenses __....._...._...._...._...$ Travel ._...__..._..._._..__..._...._._...._...__.___._..._,,_.....___,,.$ Motor Vehicle Equipment Purchases _..__--_,,-$ Publications and Printing ._....._...._...__.._......._...$ Equipment Purchases ------_.--..-----,,.----_..---$ Per Diem and Fees .--,,--_.--.__.--,,---..,,.----,,-$ Computer Charges __..._..__,.-_,,-......-_..-....-_..,,_....$ Other Contractual Expense _--_---._._,,--__--,,_.$ Art Grants .__..._..,,.._..___.__......._,,..,,...._...,,..__..,,_._...$ Total Funds Budgeted _..._-.-_-........._..._-...........$ State Funds Budgeted .........__.._....._..._....__....._,,.$ Total Positions Budgeted

3. Budget Division Budget:

Personal Services ....__...,,_.___.._...._....._...._..__...._.....$

Regular Operating Expenses ___--__._._,,--_._____.$

Travel

._--_-_._

$

Motor Vehicle Equipment Purchases _...___...... $

Publications and Printing __...__._____.___..___.______..$

Equipment Purchases ___,,___--__-____--__.--_--._._.__-$

Per Diem and Fees __...-.....,,.__..,,_....___..__..,,..__ $

Computer Charges __-.___.-._,,..-_.-__.--..-..----........$

Other Contractual Expense __._._,,_..,,...._._...___.. $

Total Funds Budgeted __...._._....._........_........_._.$

State Funds Budgeted .....-.._.....__...._._..._....._...$

Total Positions Budgeted

4. Intergovernmental Relations Budget:
Personal Services ____.____.____,,____.._._______.____-__.___..__-$ Regular Operating Expenses __.___..___.-____________.$ Travel ...................... ^ Motor Vehicle Equipment Purchases -.--..._.-...$ Publications and Printing ..-._..-_.........._...__......$ Equipment Purchases -.--.--_.--..----.--.___.---.$ Per Diem and Fees .__._..,,....,,.,,....,,,,...--..-.._.-.....$ Computer Charges ..__--.,,..----.--...--_------.__._$

149
280,691 26,819 7,000 --0-- 2,950 1,500 37,500 5,600 153,230 175,500 690,790 677,790
18
44,261 5,923 2,706 --0-- 2,456
500 --0-- --0-- --0-- 346,649 402,495 152,846
3
313,376 14,379 8,000
--0-- 12,000 1,250 1,000
--0-- --0-- 350,005 237,005
16
287,474 25,148 21,500 --0-- 3,600
1,000 --0-- --0--

150

JOURNAL OF THE SENATE,

Other Contractual Expense ............... ........^ Total Funds Budgeted ........................ ..^ State Funds Budgeted ......................... .^ Total Positions Budgeted

--0-- 338,722 313,722
19

5. Management Review Budget:
Personal Services .......................... ..^ Regular Operating Expenses .,,------.--,,----.$ Travel .................................................. .^ Motor Vehicle Equipment Purchases ,,.._-.-,,,,$ Publications and Printing .__.--.--.-----,,..._----$ Equipment Purchases ...................................^ Per Diem and Fees .........--...-....--...--.......--..^ Computer Charges ..............--.............---..^ Other Contractual Expense .........................^ Total Funds Budgeted .............. .^ State Funds Budgeted .............................^ Total Positions Budgeted

279,143 10,980 4,000 --0--
1,250 500
--0-- 500
--0-- 296,373 246,373
15

6. Policy Planning Budget:
Personal Services ........................ .....^ Regular Operating Expenses _._.____._____.____.,,_..$ Travel ..................................................^ Motor Vehicle Equipment Purchases -..._...._._-$ Publications and Printing ...............................^ Equipment Purchases ............................ ......^ Per Diem and Fees ................................^ Computer Charges _,,____.__.______.___.__.-.__,,-_.__..__- $ Other Contractual Expense ..................... ^ Total Funds Budgeted __..._.,,..._....$ State Funds Budgeted ........................^ Total Positions Budgeted

501,232 23,178 15,000 --0-- 8,000 2,000 29,800 20,000 --0-- 599,210 365,210
27

7. Office of Consumer Affairs:
Personal Services ................................ ^ Regular Operating Expenses ...................... ^ Travel ................................. ..^ Motor Vehicle Equipment Purchases _...._--...$ Publications and Printing ..........................^ Equipment Purchases ................................. ^ Per Diem and Fees ............................ .^ Computer Charges ...................................$ Other Contractual Expense .........................^ Total Funds Budgeted ..............................^ Indirect Communications Funding .................-$ State Funds Budgeted ...........................^ Total Positions Budgeted

306,761 80,254 10,830 --0--
5,250 --0--
2,120 100,000
2,500 507,715 85,650 297,065
39

8. State Energy Office Budget:
Personal Services ...........................................^ Regular Operating Expenses ..........................$ Travel .........................................................^ Motor Vehicle Equipment Purchases ----.._.--$

161,213 20,933
5,200 --0--

MONDAY, JANUARY 19, 1976

151

Publications and Printing _......._-.-___._._...____.__.$ Equipment Purchases ___.--._---__._-.._.___..___...___.___.$ Per Diem and Fees ,,..__..._____.--_.._._.._._......._...!f Computer Charges _...__._---.._...__. ..___________...$ Other Contractual Expense _..._........_._.....,,..._... $ Total Funds Budgeted ._..___..._..__.._.._._...__.___._____$ State Funds Budgeted _.._._____.._..___.___.___.___.._.__.$ Total Positions Budgeted

7,000 1,000 --0-- --0-- --0-- 195,346 97,346
12

9. Georgia Post-Secondary Education Commission Budget:
Personal Services ..................$ Regular Operating Expenses _____..______..__._..__.__$ Travel ...... .--._..,, .._......_...$ Motor Vehicle Equipment Purchases _..._____.... $ Publications and Printing ___._...__,,-..____,,__.___.-__.$ Equipment Purchases _,,.....__..._.._,,..-......_.,,......_.$ Per Diem and Fees ......._......_.._._.._$ Computer Charges __-_.-___,,.-___________._-_______._____.___.$ Other Contractual Expense ..............................If Total Funds Budgeted .__.._____...._.___.___..__._____....___.$ State Funds Budgeted .._.___._._..._..___.____.__._.____._.$ Total Positions Budgeted

71,000 11,207 2,500 --0-- --0--
525 1,500 --0-- --0-- 86,732 43,425
4

10. Intern Program Budget:
Personal Services .___._..___..__._....._..__.___.___.___..__.___.$ Regular Operating Expenses --.....--..,,---..-..-$ Travel ....................................................................I Motor Vehicle Equipment Purchases __--..___--$ Publications and Printing _.___.._____.______..____.._..$ Equipment Purchases ___..______..______.______._.___.._____.$ Per Diem and Fees ...---.-,,-......_--..__---.._.--.........$ Computer Charges ........... -...__,,._ .._....._.__......_.....$ Other Contractual Expense ............................. $ Intern Stipends ...._....._......................_................$ Total Funds Budgeted _..........._..._....._......_........$ State Funds Budgeted ._..............__...._........._.....$ Total Positions Budgeted

67,007 2,875 1,269 --0-- 2,000
300 --0-- --0-- --0--
25,000 98,451 98,451
4

Budget Unit Object Classes:
Personal Services .................__......_..._.._........... ..$ Regular Operating Expenses ........................ $ Travel ...._...........,,.........._._.__...................__.._..... ....$ Motor Vehicle Equipment Purchases ......... ... $ Publications and Printing ............................ ...$ Equipment Purchases --._----..--,,...---_.__--.____-..$ Per Diem and Fees ....._..___.........__......__..............$
Computer Charges ............_.......-........_.._....._.......$
Other Contractual Expense ............_......._.........?
Art Grants .................._....._......._................._.........$
Payments to Regional Commissions .....--.....--$ Intern Stipends ............................_....._......._.......$

2,312,158 221,696 78,005 --0-- 44,506 8,575 71,920
126,100
155,730
346,649
175,500
25,000

152

JOURNAL OF THE SENATE,

Section 24. Grants to Counties and Municipalities.

Budget Unit: Grants to Counties and Municipalities .______--_----__,,.,,---__,,-

$ 5,100,000

1. Grants to Counties _.._--.

..?

Total Funds Budgeted -

..$

State Funds Budgeted

..$

2. Grants to Municipalities

..$

Total Funds Budgeted _.

,,.$

State Funds Budgeted _.

..$

Budget Unit Object Classes:
Grants to Counties ......--. Grants to Municipalities ..

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of the first three calendar quarters.

Section 25. Department of Human Resources.

1,950,000 1,950,000 1,950,000
3,150,000 3,150,000 3,150,000
1,950,000 3,150,000

A. Budget Unit: Departmental Operations ................................... .^ 239,694,260.38

1. General Administration and Support Budget:
Personal Services ......................... ..^ Regular Operating Expenses .,,.......-_...-....__...$ Travel ........................ ^$ Motor Vehicle Equipment Purchases _..,,._.--.- $ Publications and Printing ____._._______._.__._.___..____$ Equipment Purchases ..................................-.....% Per Diem and Fees ................... ...^, Computer Charges ._...._._..._.....-.._-..--._--.._-..,,$ Other Contractual Expense ... ..... $ Capital Outlay ............................ ..^ State of Georgia General
Obligation Debt Sinking Fund ._._____._.__...__.$ Total Funds Budgeted ................. ..^, Indirect Computer Funding .__..._..._...,,__........_...$ Indirect Communications Funding __.._,,..,,..._.$ Agency Funds .._-_......_....__....._.._...,,......_....._...$ State Funds Budgeted .._..._....._-..__........._...._.,,.$ Total Positions Budgeted

7,266,224 1,465,031
231,926 --0---
52,266 22,623 59,759 1,396,258 81,300 120,500
149,223 10,845,110
1,286,300 188,350
4,635,466 4,734,994
577

2. Special Programs:
Personal Services ...._.,,...__...,,..._-...._....-..._.....-.$ Regular Operating Expenses ,,__--_--_,,.____.__--.$ Travel .................................... ..^..J$

654,636 104,838 70,381

MONDAY, JANUARY 19, 1976

153

Motor Vehicle Equipment Purchases __._,,.__,,..$ Publications and Printing ................_.....,,.....,,.$ Equipment Purchases --..__----_.--_.------,,--,,--$ Per Diem and Fees __.,,___..._._-__.,,__.-____-___.____.___$ Computer Charges ___......._.__.._....._._.._..._....._..__.$ Other Contractual Expense ____...._.-_._______.__._____$ Total Funds Budgeted ._.____._._-___.___._._..__-_..___._-_.$ Indirect Communications Funding _,,_____________$ Agency Funds _...__.___._..__...__._......_.__....._._...__....$ State Funds Budgeted -._.....-..___...._...._-_...._....._.$ Total Positions Budgeted

--0-- 11,187
--0-- 11,974 10,000 31,823
894,839 13,910
363,782 517,147
34

3. Physical Health--Program Direction and Support Budget:
Personal Services ._.__.______._.,,____.,,__-______.__,,______$ Regular Operating Expenses --__,,___--__.___--.___.$ Travel ._._....__.,,......_....._,,...-__-.._.....,,..__..._..._.,,.._...$ Motor Vehicle Equipment Purchases ,,-.._--....$ Publications and Printing ................................I Equipment Purchases ,,..._--._,,--,,....---.--..----.$ Per Diem and Fees -...__-.-...___..._._--.____.----._....$ Computer Charges ..___..-._._-.._--___.___....___._...,,..,,$ Other Contractual Expense .,,._..___..__._-,,..._,,...$ Total Funds Budgeted ..__...._-.._.-.......-..__.....-_$ Indirect Communications Funding ________,,___,,_$ Agency Funds .._.-..._......._...-....__.-...-...,,_.._........,,_$ State Funds Budgeted ___...._.._._...__....._..............$ Total Positions Budgeted

1,294,389 158,931 26,950 --0-- 23,900 2,500 200 --0-- --0--
1,506,870 73,530 15,502
1,417,838 91

4. Physical Health--Family Health Budget:
Personal Services __..__..._._.._._,,._..._-__..__.-_...__._...$ Regular Operating Expenses ___--___-..__--._______$ Travel ...._._..._...___$ Motor Vehicle Equipment Purchases ._,,___....__.$ Publications and Printing _..........._.___._... _........ $ Equipment Purchases __.____._______,,__.___.-___,,____..__.$ Per Diem and Fees -_...._-...--..-_-.-..._..,,...-_...._..._.$ Computer Charges .__._..,,__..._-.._._...._.......___..._....$ Other Contractual Expense ._...__..............._......$ Regional Grants for Prenatal and
Postnatal Care Programs ____.._______-____._.__,,____$
Crippled Children Benefits __,,.___.-_._.________.__._.__.$
Kidney Disease Benefits ...._...-...,,.._....__..._...... $
Cancer Control Benefits -..............__..-_._.-_.......$
Maternal Health/Family Planning Benefits ..........................................I
Total Funds Budgeted _._._-_..__......._.-...,,.._._...-...$
Indirect Computer Funding ___.___.___._,,____._.._.._._ $
Indirect Communications Funding ,,.._._..._.....$
Agency Funds ........_...._......,,....._...,,.................._.$
State Funds Budgeted _..........._....._,,..._...__...._...$
Total Positions Budgeted

4,027,753 1,057,315
337,114 --ft--
52,093 24,170 519,054 110,000 1,081,977
150,000 3,034,626
300,000 459,000
4,081,228 15,234,330
89,300 41,060 6,652,793 8,451,177
360

154

JOURNAL OF THE SENATE,

5. Physical Health--Community Health Budget:
Personal Services ....-...--.----...--...--..---...--..-I Regular Operating Expenses .--_...--....._,,.----$ Travel _._.._..._.___._....$ Motor Vehicle Equipment Purchases ....,,........$ Publications and Printing ..____..-.....-,.........--.,,.$ Equipment Purchases .__,,,,.--..__--.,,.-,_..,,.....-_.,,$ Per Diem and Fees .__.._......_...._..-_......,,...-...._-_...$ Computer Charges .._,,,,,,_..-._..-_.__..-$ Other Contractual Expense ._..___.___..______.____._._.$ Facilities Construction Grants -_..--._..._.....-.--$ Total Funds Budgeted .----------.-$ Indirect Communications Funding _,,.____-____,,$ Agency Funds -__----.--.-.-----$ State Funds Budgeted _...__...._._...._..-....._......_....$ Total Positions Budgeted

5,039,150 941,473 262,981 --0-- 54,711 5,900 139,418 25,000 268,991 --0--
6,737,624 17,650
1,712,894 5,007,080
346

6. Physical Health--Local Services Budget:
Personal Services .---.-----------$ Regular Operating Expenses .-- .--$ Travel ^ ..------- -- -..----- - -^ Motor Vehicle Equipment Purchases ...._..__.._-$ Publications and Printing ................................I Equipment Purchases ._._.,,..._.-...._...._._..:.._._..._...$ Per Diem and Fees .-_.._,,-...-..-.-....__...._......-.._..$ Computer Charges ._-..._.-.._.-..__--..__-...__.__._..,,_...$ Other Contractual Expense .....__....__...._....._.......$ Grant for DeKalb County Mental
Retardation Project _...._.._-..._-_...__.....-_....._..._$ Grant for Chatham County
Mental Retardation Project __..___...__.._.._......$ Grant-In-Aid to Counties _______________,,___.._____.___._.$ Total Funds Budgeted ,,......__...._....._._..._....._.._...$ Indirect Communications Funding _,,..._.........$ Agency Funds _._.__-.._-........__.........-.__...__..._..__....-$ State Funds Budgeted _..._.........-.._..............._......$ Total Positions Budgeted

5,289,978 428,826 412,458 --0-- 4,360 30,304 147,004 --0-- 312,328
97,300
92,800 9,028,977 15,844,335
53,200 3,366,539 12,424,596
366

7. Mental Health--Program Direction and Support Budget:
Personal Services ....................................I Regular Operating Expenses ........_. .,,_............$ Travel ......_..__...._......_....._.....__..,,_.....__......._......_..._...$ Motor Vehicle Equipment Purchases ,,..........-.$ Publications and Printing ......_.___.._..__......_.....,,$ Equipment Purchases -..--....-...--......-....--...--.I Per Diem and Fees ._..-..._.........._...._.._..._....._.__..$ Computer Charges .._____.__..........._........_............_...$ Other Contractual Expense .._-___._.___.-___._._____.__$ Total Funds Budgeted ......_......._.._...._.._..._.... ..$ Indirect Computer Funding .._.._...__......_.._.........$ Indirect Communications Funding .__._..__....,,.$ Agency Funds --.........__.........._-....._....__._..._-.._..-_.$

957,593 80,519 85,347
--0-- 8,800
--0-- 11,100 100,000 414,500
1,657,859 81,190 22,370
452,578

MONDAY, JANUARY 19, 1976

155

State Funds Budgeted ................. .....^ 1,101,721

Total Positions Budgeted

54

8. Drug Abuse Prevention and Abatement Budget:
Personal Services --._.....--...........__...._.....___...... $ Regular Operating Expenses _..-..,,..._..__..__..,,..$ Travel ..............$ Motor Vehicle Equipment Purchases __._______.___$ Publications and Printing __...__._.,,,,.....,,__...,,._.$ Equipment Purchases ........... .................^ Per Diem and Fees ................... ..^, Computer Charges ..........................$ Other Contractual Expense ..__.,,.._...,,.___.....__.,,.$ Total Funds Budgeted ................... ^ Indirect Computer Funding ._._....___....._._....____..$ Agency Funds .__.....,,_,,__....._....__.....___.....__...,,.......$ State Funds Budgeted ............... ..^ Total Positions Budgeted

1,444,509 256,526 54,497 --0-- 10,644 4,500
86,720
100,000 2,426,938 4,384,334
81,190 3,234,624 1,068,520
122

9. Mental Health--Local Services Budget:
Personal Services ...................................$ Regular Operating Expenses ..................... ^ Travel .................... ..............$ Motor Vehicle Equipment Purchases _..-....__,,$ Publications and Printing .-_.,,-..__.__......_......._.$ Equipment Purchases ...-- .......................$ Per Diem and Fees ..............................$ Computer Charges _____..--_-____..--__...,,...,,_...... $ Other Contractual Expense _______.___._._.___.___,,__._.$ Benefits for Family Living Care ..__............_...$ Contracts with Day Care Centers
for the Mentally Retarded ._..__...._........_....._.$ Grants for Alcoholism Community
Treatment Programs ....................$ Grants for Child Mental Health _...__............._.. $ Grants for Adult Mental Health .....__,,....._._.... $ Foster Grandparent Program
and Group Homes for the Mentally Retarded .........................$ Total Funds Budgeted ................... ..^ Indirect Communications Funding -.._.___________$ Agency Funds ............................ ^ State Funds Budgeted ........._............._....._......... $ Total Positions Budgeted

212,608 3,020 16,309
--0-- 400
--0-- 100
--0-- 140,500 1,125,000
23,434,216
2,221,425 949,669
3,701,037
1,700,617 33,504,901
12,670 15,297,388 18,194,843
20

10. Community Social Services and Administration:
Personal Services ......-....-.......................$ Regular Operating Expenses .................... .^ Travel ......................................$ Motor Vehicle Equipment Purchases _...,,..__....$ Publications and Printing ...._....-_............._.......$ Equipment Purchases ---_..--.__.-__.__.___,___._.______-i Per Diem and Fees ..........................................$

3,842,215 372,966 285,756 --0-- 75,605 26,624 7,000

156

JOURNAL OF THE SENATE,

Computer Charges _.........._.......-...__...._.....,,.-...$ Other Contractual Expense __________._____.___,,____.._$ Total Funds Budgeted .__..._.-...,,,,.__.,,....__..._.,,...$ Indirect Computer Funds _..........-.....,,....._.....,$ Indirect Communications Funding __...._._..._...$ Agency Funds _-....__............-_._-.-_.....-,,-.._..._.-.$ State Funds Budgeted _.__..,,_.,,_.,,__..__,,,,_.$ Total Positions Budgeted

579,000 127,345 5,316,511 201,100 55,865 3,925,321 1,134,225
257

11. Purchase of Social Services:
Personal Services _,,..,,._..---_--,,_.--...._,,..._._---.$ Regular Operating Expenses ...........,,......._...$ Travel _____._.____--___-__-.____-_.__.-.$ Motor Vehicle Equipment Purchases __...._._.._.$ Publications and Printing ___....._-...........__....._...$ Equipment Purchases __,,--_,,--_____.________.____--_$ Per Diem and Fees --.--...--.-.,,.,,..--...--..-_...--_$ Computer Charges .,,..._--,,_.--.__.__--.,,.,,..,,..-.$ Other Contractual Expense _.__._..___.._.___._-__,,-_.$ W. I. N. Benefits .__..._ ... ... --...-$ Grants to Fulton County for
24-hour Emergency Social Services _...._-...--..._-...._....-_...._-_.._--..$ Benefits for Child Care .--.-_- -- --$ Georgia Indigent Legal Services Contract .......,,_......_....__....._-......-.._..$ Total Funds Budgeted _..,,,,.,,,,.__._._..,,_._...$ Agency Funds -..._-....._.._-,,--.-._-_.......-.........$ State Funds Budgeted _,,_._____._-_________._______.____._.$ Total Positions Budgeted

--0-- 200,000 --0-- --0-- --0-- --0-- --0-- --0-- 28,104,000 2,673,000
130,000 6,717,93'8
725,412 38,550,350 33,217,315 5,333,035
0

12. Community Youth Services:
Personal Services _,,_.___._._,,__.________,,______._.__.__.$ Regular Operating Expenses ____.___--____...___..__.$ Travel .,,__.__-_,,._..___._._._-._._-__..__.-.._-___.__.____..,,._.__..$ Motor Vehicle Equipment Purchases ..__....__._.$ Publications and Printing .._.....,,..._....._..__...-_..$ Equipment Purchases _...___,,--_..._..._--...-...._... $ Per Diem and Fees ...._....._....,,__._.._....__.....__,,-..$ Computer Charges --.--,,....--,,_.--...-.--.------,,_..$ Other Contractual Expense _._____._,,__._,,_______..__.$ Total Funds Budgeted _._.._...._._....__..___....__......_...$ Indirect Communications Funding _.._._...._,,....$ Agency Funds .._.-...__..._-...,.-....._-..._-...-_...._-...,,,,..$ State Funds Budgeted ...._...._...._..,,.___..__._....._..._.$ Total Positions Budgeted

3,281,183 429,105 236,025 4,112 2,500 12,500 950 --0-- 450
3,966,825 82,640
1,571,101 2,313,084
3'31

13. Services to the Aged Budget:
Personal Services ................................................I Regular Operating Expenses ___,,__________._,,______..$ Travel ................... .^^ Motor Vehicle Equipment Purchases ,,_..._.......$ Publications and Printing _...,,.._......,,...__....___...$ Equipment Purchases _..._......__....__...-.....-_-.-..._,,.$

412,080 66,395 26,074 --0-- 4,200
3,278

MONDAY, JANUARY 19, 1976

157

Per Diem and Fees ............................. ^ Computer Charges -.-..---....-.._--_.--..---...-....--.$ Other Contractual Expense ........___.._.__.._....,,._.$ Areawide and Community Grants _....__....,,_.._.$ Nutrition Grants ............................ $ Total Funds Budgeted __,,__....,,..._..__..__...._.__..,,..$ Indirect Communications Funding __--_._,,___,,_.$ Agency Funds .............. .^ State Funds Budgeted ,,,,_.__.._.____._,,.____.,,._.__.__.$ Total Positions Budgeted
14. Vocational Rehabilitation--Program Direction and Support Budget:
Personal Services ....... ^ ..................$ Regular Operating Expenses ,,____..____,,___________,,.$ Travel ............................... ...^ Motor Vehicle Equipment Purchases --_--.,,_.$ Publications and Printing ____.____,,_______,,__._____-_.$ Equipment Purchases --.__..--,,_..._......--....--._._.$ Per Diem and Fees ........................... ..^ Computer Charges ...-..-.-..__-..,,...-.......,,.,,__.....$ Other Contractual Expense .__...._............._...,,_.$ Grants for Nephrology Centers ........................$ Total Funds Budgeted ___,,___.__._______._.,,_._-_._.___._.$ Indirect Computer Funding _...,,_.........-..__....._...$ Indirect Communications Funding __,,_,,_,,_-.__-.$ Agency Funds ................................$ State Funds Budgeted .._._....__..._....._..,,........_.....$ Total Positions Budgeted

2,100 --0--
4,536 1,457,178 2,476,500 4,452,341
11,240 3,990,941
450,160 24
549,147 77,445 30,847 --0-- 8,500
1,700 25,285 225,000 55,995 185,000 1,158,919 182,680 24,855 852,174 99,210
33

15. Vocational Rehabilitation-- Facilities Budget:
Personal Services .....................................^ Regular Operating Expenses ...._.....__...._...__..__..$ Travel _____._____.______.________._._._._______.___.___._,,_.____._.._..$ Motor Vehicle Equipment Purchases _...--..._..$ Publications and Printing .-___...___-._._.___.__...$ Equipment Purchases ........................................I Per Diem and Fees .__._._.___.___._,,__..__.____.-__..._____..$ Computer Charges --------_-------____----________.$ "Other Contractual Expense .,,...___.......,,_,,..._._...$ Capital Outlay ..................................^ Total Funds Budgeted ........................... ^ Indirect Communications Funding .._,,.._........$ Agency Funds ................................ .^ State Funds Budgeted __,,__..,,_.._____,,____..__..__.__. $ Total Positions Budgeted

8,082,708 4,307,671
140,037 45,588 4,005 224,213 147,134 --0-- 455,150 -- 0-- 13,406,506 82,560 11,942,019 1,381,927
701

16. Vocational Rehabilitation--Services Budget:
Personal Services ........................................^ Regular Operating Expenses ,,....._,,.____,,_____,,__.$ Travel ...............................$ Motor Vehicle Equipment Purchases _.._.....__..$ Publications and Printing _---__--_,,_.,,..--._.._...$ Equipment Purchases ----_.--------.------...--...$

11,891,642 17,104,794
529,477 --0--
6,715 154,238

158

JOURNAL OF THE SENATE,

Per Diem and Fees .....-.._...._......_..._._.._,,......$ Computer Charges --..----.,,.._--_--_.--_...--__--$ Other Contractual Expense .................,,...._,,...$ Total Funds Budgeted -._._.._._..........._-.............$ Indirect Communications Funding ............... $ Agency Funds __,,-.,,.-.........._.............-.....,,...,,..? State Funds Budgeted ,,__.._._.-..--...-_..$ Total Positions Budgeted

224,824 --0--
12,000 29,923,690
234,450 25,593,022 4,096,218
998

17. Medicaid Services Budget:

Personal Services -_----_------.-$ 1,318,679.00

Regular Operating Expenses _.--..--,,_...--.----$ 434,424.00

Travel __-.._-_-_-_---.--.--.-----$

10,000.00

Motor Vehicle Equipment Purchases _--.--.,,..$ --0--

Publications and Printing __.-__._.____.__.,,_,,_____-$

43,270.00

Equipment Purchases -_._..-_..-___.._-...,,--,,._$

1,000.00

Per Diem and Fees ..-.._.__._._-._...--._,,.....-.$

1,600.00

Computer Charges ____._._,,____._.._____________________.___.$ 1,920,000.00

Other Contractual Expense ..,,...__..........,,_...._..$ 2,772,353.00

Medicaid Benefits ___.____-___-._----.-$ 295,381,377.00

Reserve for Prior Year Medicaid Liability ___.$ 48,401,989.33

Payments to Counties for Adult

Mental Health _.____-_________.--_--._._-$ 737,500.00

Payments to Counties for

Child Mental Health _.______.___..__.....__.__..._..$ 147,500.00

Payments to Counties for Alcoholism ,,_______.$ 354,000.00

Total Funds Budgeted ___.__._,,,,_.__.__.__,,__.._._,,$ 351,523,692.33

Indirect Computer Funding ___________.____,,____..______.? 1,542,390.00

Agency Funds ..__...__--..-..__..,,._.._-_.._-.,,....$ 234,537,955.95

State Funds Budgeted _...-..__..,,._....._....__...._..$ 115,443,346.38

Total Positions Budgeted

123

18. Public Assistance Budget:

Personal Services _,,--.._.-----.--.--.----..--..._.--$

Regular Operating Expenses ,,--------_----_,,--.$

Travel ....___......_....._.......-.-.._._..._....._...,,....._-.$

Motor Vehicle Equipment Purchases ------_--$ --0--

Publications and Printing _...._...,,...,,_..._,,.,,...,,$ --0--

Equipment Purchases __-,,--._,,----___-----,,---$ --0--

Per Diem and Fees --_.---_--.--_--.-,,._...-_--.--.$ --0--

Computer Charges .,,_..,,._.._.._,,_-._._........-...$ 560,000

Other Contractual Expense _......,,.._-............._...$ 530,000

Cuban Refugees Benefits _.._--.....--...--.....-_.--.$ 100,000

SSI-Supplement Benefits _..-...-...-..,,._..._-..$ 2,850,000

AFDC Benefits _-.._,,._.........._...._...__..._.,,......$ 128,055,195

Total Funds Budgeted ......._...,,......_...,,-....,,....$ 132,095,195

Indirect Computer Funding ,,._.__--..__,,--.____--_$ 535,850

Agency Funds ...._.............._............_......_......._..$ 95,674,197

State Funds Budgeted ..,,__....._._..._.._....._....._.....$ 35,885,148

Total Positions Budgeted

0

19. Local Services--Community Services and Benefits Payments Budget:

Personal Services _......,-----_----_--_-,,-----,,_-_--_$ Regular Operating Expenses _----..--.--.----..$

--0-- --0--

MONDAY, JANUARY 19, 1976

159

Travel ..............................................................$ Motor Vehicle Equipment Purchases .,,._,,....$ Publications and Printing ....-,,.........,,-...,,_....,,$ Equipment Purchases -------._,,---~__~...--.,,--$ Per Diem and Fees .......................................... ^ Computer Charges .......................................-$ Other Contractual Expense ....--...,,-_._.._..-_....-.$ Local Service Benefits
Payments Grants ..................................... ^ Grants to Counties for Social Services ............$ Total Funds Budgeted -_.-__.__..._-._.-__.$ Agency Funds ....................-...........^.................. ^ State Funds Budgeted ................................ ...^
Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0--
26,878,545 21,463,068 48,341,613 29,320,113 19,021,500
0

20. Benefits Payments--Program Administration and Support Budget:
Personal Services .........................................$ Regular Operating Expenses ............................$ Travel ....................................$ Motor Vehicle Equipment Purchases ._._.--__$ Publications and Printing ...............................$ Equipment Purchases ...................................... ^ Per Diem and Fees ...........................................^ Computer Charges ...-------_--._.._.--_--.--.....$ Other Contractual Expense ...........................% Total Funds Budgeted ....................................S> Agency Funds ...................................................^ State Funds Budgeted .................................$ Total Positions Budgeted

2,353,609 592,320 166,592
17,270
--0-- 2S.100
3,157,891 1,539,400 1,618,491
170

Budget Unit Object Classes:

Personal Services .............................................$ Regular Operating Expenses ............................i Travel ............................................................$ Motor Vehicle Equipment Purchases ._.........$ Publications and Printing ..............................$ Equipment Purchases _..._.._.........__,,...._._.....$ Per Diem and Fees ........................................^ Computer Charges ........................................$ Other Contractual Expense ,,..--....._-..._....._.....$ Grants for Regional Prenatal and
Postnatal Care Programs ............................ ^ Crippled Children Benefits ........................$ Kidney Disease Benefits .........................$ Cancer Control Benefits ...............................$ Maternal Health/Family
Planning Benefits ........................................$ Facilities Construction Grants ----------_----..$ Grants for DeKalb County
Mental Retardation Project ...................$ Grants for Chatham County
Mental Retardation Project ..........................$ Grant-In-Aid to Counties .............................$ Benefits for Family Living Care ______________..__.$

57,918,103.00 28,081,599.00 2,922,771.00
49,700.00 363,156.00 530,820.00 1,384,222,00 5,025,258.00 36,848,286.00
150,000.00 3,034,626.00
300,000.00 459,000.00
4,081,228.00 -- 0--
97,300.00
92,800.00 9,028,977.00 1,125,000.00

160

JOURNAL OP THE SENATE,

Contracts with Day Care Centers for the Mentally Retarded _..__.__. ..____.._.__.._$ 23,434,216.00
Grants for Alcoholism Community Treatment Programs __,,_,,__,,__-..,,,,__._._,,_._._$ 2,221,425.00
Grants for Child Mental Health .____.._._._ $ 949,669.00 Grants for Adult Mental Health ..__._.......__.....$ 3,701,037.00 Foster Grandparent Program and Group
Homes for the Mentally Retarded __..,,_______$ 1,700,617.00 Work Incentive Benefits -._-_._...,,--....._....__..-$ 2,673,000.00 Grants to Fulton County for 24-hour
Emergency Social Services .,,._.._.___..,,..._.$ 130,000.00 Benefits for Child Care ___--_-_____-_-_.$ 6,717,938.00 Georgia Indigent Legal Services Contracts ... $ 725,412.00 Areawide and Community Grants -..,,,,__._.......$ 1,457,178.00 Nutrition Grants .__________-_.___-._______.__-_$ 2,476,500.00 Grants for Nephrology Centers _--.....___._-.._.$ 185,000.00 Medicaid Benefits -_._......._...-.._.-...--__-....._._...$ 295,381,377.00 Reserve for Prior Year Medicaid Liability __.$ 48,401,989.33 Payments to Counties
for Adult Mental Health ._....._,,_._,,.,,___.$ 737,500.00 Payments to Counties for
Child Mental Health ._..._____,,_____._.._$ 147,500.00 Payments to Counties for Alcoholism __,,__,,__$ 354,000.00 Cuban Refugees Benefits -._,,...___....._.............$ 100,000.00 SSI--Supplement Benefits -__.___---_______-___-_.$ 2,850,000.00 AFDC Benefits ,,.____.__.____.-..._-____-..$ 128,055,195.00 Local Services Benefits Payments Grants ....$ 26,878,545.00 Grants to Counties for Social Services ._:..._.....$ 21,463,068.00 Capital Outlay _-......-..,,..-.__-....,,.._.,,-...__..-,,$ 120,500.00 State of Georgia General Obligation Debt
Sinking Fund ,,.._...,,............_...._.....__..........$ 149,223.00
Provided, however, that none of the above appropria tion for Medicaid Benefits shall be used to fund any increase in rates for providers of service, unless ap proved in advance by appropriate subcommittees of the House and Senate Appropriations Committees, said sub committees to be so designated by the respective Chair men of said Appropriations Committees.
Provided, that of the above appropriation relative to departmental operations, no State funds whatsoever shall be used to pay AFDC benefits to the extent that the net average monthly payment per individual exceeds $32.00 on a quarterly average basis.
Provided, that of the above appropriation, $437,000 is designated and committed for 12%% matching for Day Care Centers in the Appalachian Region.
Provided, that of the above appropriation related to the Vocational Rehabilitation--Facilities Budget $234,425 is designated and committed for the Factories for the Blind in Bainbridge, Atlanta, and Griffin.
Provided, that of the above appropriation, $150,000

MONDAY, JANUARY 19, 1976

161

is designated and committed for regional prenatal and postnatal care programs.

Provided, that of the funds available in the Physical Health--Local Services Budget not less than $100,000 is committed for continuation of the Community Cardio vascular Council Stroke-Screening Program.

Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screen ing as authorized by House Resolution 67.
Provided, that of the above appropriation, $75,000 is designated and committed for the purchase of drugs for the Hemophilia Program, $50,000 is designated and committed to operate the Hemophilia Prog-r.m in Au gusta, and $25,000 is designated and committed to establish a Hemophilia Program in the Metropolitan Atlanta area.
Provided, that of the above appropriation, $35,000 is designated and committed to be used to match Title IV-A funds to continue Atlanta Association for Retarded Children's project Rescue outreach advocacy program.
Provided, that the Department of Human Resources is hereby directed to proceed with the preparation of plans for a Sheltered Workshop in Dougherty County, such plans to be paid for by funds appropriated to the Georgia State Financing and Investment Commission.
Provided that the Grants for Social Services autho rized in HB-1 EX of the 1975 Extraordinary Session will not be diminished in counties where AFDC rolls are increasing.
Provided that no State funds shall be used for advertising or otherwise promoting the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising and promotion.
Provided that upon proper approval by the Office of Planning and Budget and the State Personnel Board, the Department is authorized, to the extent funds are available, to upgrade the positions of the Section Chiefs of Drug and Alcohol Abuse, Mental Retardation and Mental Health.
Provided that the Departmental contract with Geor gia Indigent Legal Services, Inc., shall be terminated by March 31, 1976. Provided further that no more than $175,000 in State funds shall be applied toward any con tracts with Georgia Indigent Legal Services, Inc., in Fiscal Year 1976.

162

JOURNAL OF THE SENATE,

B. Budget Unit: Mental Health and Youth Development Institutions ,,_-__-_.___.$ 127,296,281

1. Georgia Regional Hospital at Augusta Budget:
Personal Services -------------- $ Regular Operating Expenses ___,,_.____,,_,,._.__,,_.$ Travel _____.________.,,.-.------_-----$ Motor Vehicle Equipment Purchases ,,--_,,_,,$ Publications and Printing ............................^ Equipment Purchases ...................................^ Per Diem and Fees ..................... .^ Computer Charges ..........................................^ Other Contractual Expense .............................^ Authority Lease Rentals ............................^ Outpatient and Aftercare Drug Purchases -- $ Total Funds Budgeted ..................... ...^ State Funds Budgeted ................. ...^ Total Positions Budgeted

4,697,611 919,269 8,500 --0-- 2,840 5,000 72,000 70,000 105,360 387,000 --0--
6,267,580 5,792,580
490

2. Georgia Regional Hospital at Atlanta Budget:
Personal Services -.......-.......--....----.--...--I Regular Operating Expenses --,,_.-__------_--.,,.$ Travel _...__.._._____...-._-.-._.--.--.-_---.$ Motor Vehicle Equipment Purchases _.-----._.$ Publications and Printing ...------_--__.-.,,----$ Equipment Purchases ................................... ^ Per Diem and Fees ................................. ....^ Computer Charges ...................................^ Other Contractual Expense .............................^ Authority Lease Rentals ................... .....^ Outpatient and Aftercare Drug Purchases --.$ Total Funds Budgeted ........................... ^ State Funds Budgeted ..................... ...^ Total Positions Budgeted

5,885,235 1,445,350
9,994 --0--
4,517 --0-- 107,684
75,049 13,867 513,000 --0-- 8,054,696 7,380,915
627

3. Georgia Regional Hospital at Savannah Budget:
Personal Services ...........................................I Regular Operating Expenses __.____..__._____...____.$ Travel .............................................................I Motor Vehicle Equipment Purchases ,,_..,,-..,,_$ Publications and Printing ........................-....$ Equipment Purchases .................................^ Per Diem and Fees .................................^ Computer Charges .................................^ Other Contractual Expense .__._.__,,..__.___.,,---__.$ Authority Lease Rentals _.._.._..,,___..._..,,...__..$ Outpatient and Aftercare Drug Purchases ,,..$ Total Funds Budgeted ............... ..^ State Funds Budgeted ............. ..^ Total Positions Budgeted

4,565,018 833,392 27,723 --0-- --0-- 23,612 67,790 69,000 34,000 500,000 --0--
6,120,535 5,621,239
524

MONDAY, JANUARY 19, 1976

163

4. West Central Georgia Regional Hospital Budget:
Personal Services ................................... ....^ Regular Operating Expenses ............................^ Travel _....._..__..,,_.__._.__..___.___.._.__..___$ Motor Vehicle Equipment Purchases ,,,,_______.$ Publications and Printing ........................... ^ Equipment Purchases ........................^:........^ Per Diem and Pees ......................... .....^ Computer Charges ...................................^ Other Contractual Expense --...--.....................$ Authority Lease Rentals _____.___._____.____._.___._.__._,,$ Outpatient and Aftercare Drug Purchases ....$ Total Funds Budgeted ..........................$ State Funds Budgeted ........................^ Total Positions Budgeted

4,038,808 773,379 17,778 --fr-- 400 14,249 9,166 65,000 --0-- 646,500 --0--
5,565,280 5,395,280
502

5. Northwest Georgia Regional Hospital at Rome Budget:
Personal Services ......................... ..................$ Regular Operating Expenses ___._..___,,..__._______.$ Travel . ......^.. ...........................-...^$ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ............................$ Equipment Purchases --__.--,,--__----_,,--------$ Per Diem and Fees ....................................^ Computer Charges ..................-...................$ Other Contractual Expense ...........................$ Capital Outlay ..................... ^... ..................$ Authority Lease Rentals ................................^ Outpatient and Aftercare
Drug Purchases --,,--__-.--_--,,_.-------..------...$ Total Funds Budgeted .................. .^ State Funds Budgeted ......................................I Total Positions Budgeted

5,762,033 1,119,882
20,000 5,000 5,500 32,718 31,000 75,000 2,400 100,000 853,500
--0-- 8,007,033 7,338,285
712

6. Gracewood State School and Hospital Budget:
Personal Services .....................................$ Regular Operating Expenses ....................... ^ Travel .__,,..._...............-.-_.__......_._......__._.......__.$ Motor Vehicle Equipment Purchases __,,,,..,,_$ Publications and Printing .......................$ Equipment Purchases .................... ..^ Per Diem and Fees ........................... ......^ Computer Charges ....................................^ Other Contractual Expense ...........................^ Capital Outlay ......................................$ Authority Lease Rentals ...................... ....^, Total Funds Budgeted .............................^ State Funds Budgeted ....................... ..^ Total Positions Budgeted

13,271,753 2,835,710
20,453 13,684 1,702 60,726 44,176 71,000 136,483 --0-- 117,000 16,572,687 11,940,462 1,483

164

JOURNAL OF THE SENATE,

7. Southwestern State Hospital Budget:
Personal Services ----------------.------- -- $ Regular Operating Expenses .._._...,,._...,,..._.-...$ Travel ___--. ----.--------..-- -- -- -$ Motor Vehicle Equipment Purchases .,,_,,,,..,,_.$ Publications and Printing -__.,,.-.----_.,,-.--...-..$ Equipment Purchases _--_.__--__--_...--,,_--_,,--.$ Per Diem and Pees ...._.._..-.._...._.._...._..-.,,-_.$ Computer Charges _--------. .,,---$ Other Contractual Expense ______.______________.$ Capital Outlay _..,,...-..._--_.........._......._-._-.$ Outpatient and Aftercare
Drug Purchases .___----_.,,.--,,._.._,,.--_----_-$ Total Funds Budgeted ..-..-...--.._.._.._.---$ State Funds Budgeted ,,_._..__._____.__,,-_..$ Total Positions Budgeted

7,357,762 1,485,708
34,476 11,565 1,365 60,694 42,846 70,000 10,075 67,952
--0-- 9,142,443 7,825,115
810

8. Georgia Retardation Center Budget:
Personal Services _.___._______-__-__.__._____,,.__-___..__$ Regular Operating Expenses __,,_____._________.__.__.$ Travel -----.------------------4 Motor Vehicle Equipment Purchases ..,,..,,._.$ Publications and Printing ___.___--..--._..._...--.$ Equipment Purchases ,,-.__-_-__.___----___--_----$ Per Diem and Fees ....-._..._.,,-..-........_._-..-,,.? Computer Charges ._..__.___.___.._______.____.__.____,,.__-$ Other Contractual Expense _..._.._.._..__...._,,._..$ Capital Outlay ----------.-----$ Authority Lease Rentals -,,.._-.....-...-.._.._.....$ Total Funds Budgeted ___.,,.____,,_._______,,_.____,,_..$ State Funds Budgeted __.._______._.,,.___-._-..__,,___._-$ Total Positions Budgeted

9,839,838 1,993,247
22,610 --0--
4,386 18,634 48,917 107,100 1,084,720 263,213 794,000 14,176,665 12,410,038
1,034

9. Georgia Mental Health Institute Budget:
Personal Services __.-......._,,.._,,...._.._.._.....-.._..$ Regular Operating Expenses .._......,,.._...____.....$ Travel ..............................................................I Motor Vehicle Equipment Purchases .__.--____$ Publications and Printing .,,.-.....-_-.__......-.$ Equipment Purchases __.,,.--,,--,,-_--...--_--...,,.$ Per Diem and Fees ....._.-.._..-.._-,,.._-_......-$ Computer Charges ,,......_..._.,,...,,.._.,,..,,-,,...$ Other Contractual Expense ........-.,,................$ Authority Lease Rentals .._._.._..,,...._.._.-.....$ Outpatient and Aftercare
Drug Purchases --._.......--.,,_.--.,,--------.__--_$ Total Funds Budgeted ,,._...,,....._._.......-._...._..._...$ State Funds Budgeted _...,,_......-._.._....-...._.._..$ Total Positions Budgeted

7,414,763 1,532,285
33,425 --0--
3,870 25,347 48,289 60,810 417,825 450,000
--0-- 9,986,614 9,277,893
681

10. Central State Hospital Budget:
Personal Services .,,._..._._-.-.-..__.-..-.._..._....$ 42,003,691 Regular Operating Expenses ......_._._-.,,..__..._.$ 9,094,237

MONDAY, JANUARY 19, 1976

165

Travel ............................ .J$
Motor Vehicle Equipment Purchases .------_.$ Publications and Printing ............................ .$ Equipment Purchases ---.-._,,-.-__.--_-_--.-_._._......$ Per Diem and Fees ........................................$ Computer Charges ..............................$ Other Contractual Expense ..____...___..__.__....__.....$ Capital Outlay ..........................................i Authority Lease Rental ...._......,,_..__.....___..___.....$
State of Georgia General Obligation Debt Sinking Fund ._.......,,._...._.$
Outpatient and Aftercare Drug Purchases ..__..--.-.--...-.-_..._._.--........._._$
Total Funds Budgeted ....................... ^ State Funds Budgeted ......................................I
Total Positions Budgeted

52,389 1,000 14,178 114,271 84,112 360,000 87,105 --0-- 1,284,000
183,000
750,000 54,027,983 43,821,780
4,661

11. State Youth Development Centers Budget:
Personal Services ...................-....--..........--...-..I Regular Operating Expenses .......................i Travel ........................... ^ Motor Vehicle Equipment Purchases -...----- $ Publications and Printing ...............................J$ Equipment Purchases ................................^ Per Diem and Fees .................. ...^.... .........$ Computer Charges ....,,_...__....,,.................._...,,.$ Other Contractual Expense ...._....._......._....,,.....$ Capital Outlay .....__._..._....__....,,_..__......................$ Total Funds Budgeted ............................ .^ State Funds Budgeted ....................... .....^ Total Positions Budgeted

5,918,683 1,334,141
10,124 --0--
1,050 7,200 29,200 8,000 10,375 53,500 7,372,273 7,197,227
608

12. Regional Youth Development Centers Budget:
Personal Services ...........................................$ Regular Operating Expenses -...._.........,,............$ Travel .......................................... ^ Motor Vehicle Equipment Purchases ----...-- $ Publications and Printing .._....._............,,....,,..$ Equipment Purchases ................................^ Per Diem and Fees .._.,,........._.._................._......_..$ Computer Charges .................. ....................^ Other Contractual Expense ..........................$ Capital Outlay ................... ......................$ Grants to County-Owned Detention
Centers ....,,..._........_......_....._............._............ $ Total Funds Budgeted ..................................^ State Funds Budgeted ....._......_....._......_.....-....$ Total Positions Budgeted

2,186,272 673,785 12,348 15,500 1,400 27,000 50,358 --0-- --0-- --0--
369,000 3,335,663 3,295,467
284

Budget Unit Object Classes:
Personal Services ..........................................$ 112,941,467 Regular Operating Expenses .....__..........._._......$ 24,040,385

166

JOURNAL OF THE SENATE,

Travel ................................. ..J$
Motor Vehicle Equipment Purchases .._..,,.....$ Publications and Printing .............................^ Equipment Purchases ,,.--.----..--_--.------.,,--$ Per Diem and Fees ............................... $ Computer Charges .......................... ..^ Other Contractual Expense ___.___.,,._____.,,_.___.._.$
Capital Outlay ......................................... ^
Grants to County-Owned Detention Centers .................................^
Authority Lease Rentals .............. ..^
State of Georgia General Obligation Debt Sinking Fund .._.__._,,___.._._.$
Outpatient and Aftercare Drug Purchases ............................... ....^

269,820 46,749 41,208 389,451 635,538 1,030,959 1,902,210 484,665
369,000 5,545,000
183,000
750,000

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $183,000 is specifically appropriated for the pur pose of financing a school for special education at Central State Hospital through the issuance of not to exceed $2,104,000 in principal amount of General Obliga tion Debt.

Provided, that of the above appropriation relating to Capital Outlay: $377,165 is designated and committed for renovations, to meet Fire Marshal requirements, at the Georgia Retardation Center.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for Fire Safety renovations at Northwest Georgia Re gional Hospital.

Provided, that the Department of Human Resources is hereby directed to proceed with the preparation of plans for a Regional Youth Development Center in Muscogee County, such plans to be paid for by funds appropriated to the Georgia State Financing and Investment Commission.
Section 26. Department of Labor.
A. Budget Unit: Inspection Division --._--_._... -$
Inspection Division Budget:
Personal Services ...............................................$ Regular Operating Expenses ...........................^ Travel ...................................................................^ Motor Vehicle Equipment Purchases ............. ^ Publications and Printing ,,....._..........,,..._.._..$ Equipment Purchases ......................................^ Per Diem and Fees ..........................................^ Computer Charges -_,,--_.--..--.._--_--.-------.----$

457,121
369,800 24,321 60,000
--0-- 2,000 500
--0-- --0--

MONDAY, JANUARY 19, 1976
Other Contractual Expense ___..__.__.,,_____.___.___...$ Total Funds Budgeted ..............................$ State Funds Budgeted ........................... ...^ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .....................................$ Regular Operating Expenses .._.__.._...-_..-._...,,..$ Travel .._.._.__,,.,_.._._._._..__....__._._.___..$ Motor Vehicle Equipment Purchases ._.------_ $ Publications and Printing .,,,,........_..._.,,..__--...$ Equipment Purchases .................. ^...............^ Per Diem and Fees _-_..--.-...--...--_--_--._...--.$ Computer Charges _...,,--_,,--_--,,--__---_.--,,.--.$ Other Contractual Expense ___------__..-......$

167
500 457,121 457,121
28
369,800 24,321 60,000 --0--
2,000 500
--0-- --0--
500

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund ..........................................$

3,315,441

1. Basic Employment Security Budget:
Personal Services ....-_.__.-........__..,,........__...__- $ Regular Operating Expenses ._..__.-'.......__..._-__.$ Travel ............................. ...^ Motor Vehicle Equipment Purchases --__,,_--.$ Publications and Printing _...__..._....._...-....._..$ Equipment Purchases __--.---..--...--.-,,.--...-- $ Per Diem and Fees ...................................^ Computer Charges ..........................-.............-$ Other Contractual Expense ...----.--.--...--.....$ Total Funds Budgeted ________.__.__--,,___.___,,,,______.$ State Funds Budgeted -_..._.,,.-...,,...-_.._...,,.... $ Total Positions Budgeted

14,223,661 3,669,390
450,000 --0--- 250,000 150,000
5,000 --0-- 394,375 19,142,426 329,025
1,140

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services ............................................$ Regular Operating Expenses ,,.....-...._...._.._..$ Travel ....................................... .^ Motor Vehicle Equipment Purchases __,,--__...$ Publications and Printing ..........................$ Equipment Purchases .................................. ^ Per Diem and Fees ....................................$ Computer Charges ............................................$
Other Contractual Expense (CETA) ...,,...,,..$ CETA Direct Benefits ...............................4
Total Funds Budgeted ......................$ State Funds Budgeted __...,,_,,-.__.._.,,_..,,_....-__..$
Total Positions Budgeted

3,342,814 6,591,770
614,000 --0-- 254,200 203,000
9,608
--0--
20,000,000
20,000,000
51,015,3'92
--0--
326

168

JOURNAL OP THE SENATE,

3. Correctional Services Budget:
Personal Services _._........._._........._.... Regular Operating Expenses ...._...,,.. .... Travel ............................... Motor Vehicle Equipment Purchases Publications and Printing .................. Equipment Purchases ..--..-...,,-- .......... Per Diem and Fees .......................... Computer Charges ............................... Other Contractual Expense _._____._____._ Total Funds Budgeted ............................ State Funds Budgeted ............................ Total Positions Budgeted

756,038 44,736 26,433 -- 0-- --0--
1,400 2,000 --0--
21,516 852,123 845,623
58

4. Unemployment Compensation Reserve Fund Budget:
Unemployment Compensation Reserve Fund ............................................... ..^, Total Funds Budgeted ................................ ...^ State Funds Budgeted ............................ ^

1,500,000 1,500,000 1,500,000

5. Work Incentive Budget:
Personal Services .......................................^ Regular Operating Expenses _.-.____-_.__,,..,,--,,.$ Travel ..__.__._.._____.__..___...__..__...._.__$ Motor Vehicle Equipment Purchases _,,__.,,__.. $ Publications and Printing ..........................^ Equipment Purchases --.--_-_,,.,,--_.-.--_,,-------.$ Per Diem and Fees .......................................$ Computer Charges ___..---.----___.,,--_..----__--..--$ Other Contractual Expense .._...............,,..-_...$ W.I.N. Grants -_-.-----------,,-----$ Total Funds Budgeted ___..____.__._.____._____._,,_._._.$ State Funds Budgeted ........,,.........._-...._...,,.....$ Total Positions Budgeted

2,853,664 405,373 100,000 --0-- 1,000 17,300 2,000 --0--
2,510,908 951,768
6,842,013 640,793 232

Budget Unit Object Classes:
Personal Services ........................................I Regular Operating Expenses ___.,,__,,___._,,_.____.$ Travel ............................... ..^ Motor Vehicle Equipment Purchases .,,.,,.,,,,.-$ Publications and Printing ............................ ^ Equipment Purchases .._-._---....-..--....-...--..--.$ Per Diem and Fees _..._.._.....,,..._........._..........$ Computer Charges ...........................................^ Other Contractual Expense (CETA) ........... ^ Other Contractual Expense .._...,,........_-........._.$ W.I.N. Grants ...................................$ Unemployment Compensation
Reserve Fund ............................ .,,..._.,,.$ CETA Direct Benefits .................................-i

21,176,177 10,711,269 1,190,433
--0-- 505,200 371,700 18,608 --0-- 20,000,000 2,926,799 951,768
1,500,000 20,000,000

MONDAY, JANUARY 19, 1976

169

Section 27. Department of Law. Budget Unit: Department of Law _..--.......,,.-....$
Attorney General's Office Budget:
Regular Personal Services --,,.,,.,,.-._...-._....._...$ Library Personal Services .._.-..-_..,,.....-....,,._-..$ Regular Operating Expenses ___________._______,,$ Travel __...-_____.._____.__.____-_______..$ Motor Vehicle Equipment Purchases _.--_--..$ Publications and Printing ................................I Equipment Purchases ...--.----..,,---,,.___--____..$ Per Diem and Fees ..--__--...--_..._._--...-_...--,,$ Computer Charges ...--.__-...._,,.._.......,,................$ Law Books ....._....._....-....._....._..._.-.-.__-....-_$ Other Contractual Expense --.--..._..--__._.,,.._$ Total Funds Budgeted ......................................I State Funds Budgeted _..,,....__..........,,_...,,_...$ Total Regular Positions Budgeted Total Library Positions Budgeted

2,096,313
1,755,462 105,000 179,116 60,780 --0^-- 24,200 2,155 36,106 --0-- 32,000 --0--
2,194,819 2,096,313
89 9

Budget Unit Object Classes:
Personal Services ___.,,_._.-......_...--......__,,_....,, $ Regular Operating Expenses _.,,.,,,,.......,,.,,...$ Travel _..._.._.__...._..._........._...___._....._...._.._| Motor Vehicle Equipment Purchases ._,,--___--$ Publications and Printing _,,_____,,_____________.__.___$ Equipment Purchases ----- ...--.--.--_.--......_,,...$ Per Diem and Fees ..-......-.--_......_-..._.....-_..$ Computer Charges ---------------,,--,,---_---__---$ Other Contractual Expense .-__...,,__._,,...---....,,$ Books for State Library .......... .,,._._,,___...$
For the cost of operating the Department of Law provided that the compensation of all Assistant At torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds ap propriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.
Section 28: Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments .--.__--$
1. Applicant Services Budget:
Personal Services ......_...__----..-.-..-....-..........-I Regular Operating Expenses .__.__.._........__-.._._..$

1,860,462 179,116 60,780 --0--- 24,200 2,155 36,106 --0-- --0-- 32,000
2,094,564 396,531 41,990

170

JOURNAL OP THE SENATE,

Travel ............................................ .^4 Motor Vehicle Equipment Purchases _,,--_.___.$ Publications and Printing ............................^ Equipment Purchases .....................................$ Per Diem and Fees ......................................$ Computer Charges .......................... ^ Other Contractual Expense ......--.................. $ Total Funds Budgeted ............... .^ Agency Assessments .............................. ^
Total Positions Budgeted

2,500 --0--
24,600 1,640
11,600 136,494 --0-- 615,355 609,587
33

2. Classification and Compensation Budget:
Personal Services ..............................^ Regular Operating Expenses ----------.------.$ Travel .................................................. ...^ Motor Vehicle Equipment Purchases ..--.-----$ Publications and Printing ............................^ Equipment Purchases ....................................^ Per Diem and Fees ..........................................^ Computer Charges ---.--.-,,,,.----.----.--$ Other Contractual Expense ......................$ Total Funds Budgeted .......................... ....^ Agency Assessments .......................................$ Total Positions Budgeted

293,500
10,750 12,500
--0-- 18,000 2,000
--0-- 50,200
--0-- 386,950 386,950
21

3. Employee Services Budget:
Personal Services .............................$ Regular Operating Expenses ...................... ^ Travel ...................................... ..^ Motor Vehicle Equipment Purchases ._._._.._..,,$ Publications and Printing .........................J^ Equipment Purchases ....................................$ Per Diem and Fees .......................................4 Computer Charges ...........................--.....--....% Other Contractual Expense .............................% Total Funds Budgeted ........................ .^ Agency Assessments ..................................... ^ Total Positions Budgeted

226,008
10,125 2,500 --0-- 5,500 1,200 --0-- 61,926 --0-- 307,259 301,491
20

4. Employee Training and Development Budget:
Personal Services ...................................... ...^ Regular Operating Expenses .,, .......................$ Travel ...................................................................I Motor Vehicle Equipment Purchases ........... $ Publications and Printing .................. .... _.....$ Equipment Purchases ................................. ^ Per Diem and Fees .......................................^
Computer Charges --...----......--._.---.....--..,,...$ Other Contractual Expense ......................... ..^
Total Funds Budgeted ......_.__....___......._...............$ Agency Assessments ............................... ......^
Total Positions Budgeted

190,775 16,200 4,900 --0-- 4,400
1,850 20,250
100
--0--
238,475
207,355
14

MONDAY, JANUARY 19, 1976

171

5. Health Insurance Administration Budget:
Personal Services ............................. ..^ Regular Operating Expenses ....--..........--........^ Travel .._..._..,,..-.--.-._--_-.-$ Motor Vehicle Equipment Purchases ..............$ Publications and Printing ...................$ Equipment Purchases ..............--............. ..4 Per Diem and Fees .................... ..^.............. i Computer Charges _._,,,,_.__,,_,,.____._________________.$ Other Contractual Expense ..............................^ Health Insurance Premiums ___.______._,,.__________.$ Health Insurance Claim Payments .............._.$ Total Funds Budgeted ................ ..^ ..........$ Employee and Employer Contributions --.__.--$ Total Positions Budgeted

182,169 19,190 1,575
--0-- 2,600 560
17,000 15,600 395,000 9,904,709 13,270,291 23,808,694 20,482,346
16

6. Internal Administration Budget:
Personal Services .............................. ^ Regular Operating Expenses ............................$ Travel ........................... ..^ Motor Vehicle Equipment Purchases -,,.------$ Publications and Printing ................................$ Equipment Purchases ..............................$ Per Diem and Fees ________,,._____,,______.._.$ Computer Charges ..................................$ Other Contractual Expense .......................^ Federal Sub-grants to
State and Local Agencies .......................$ Total Funds Budgeted ................. .......^ Agency Assessments ..........................................^ Total Positions Budgeted
7. Director Office Budget:
Personal Services ..................................--.......^ Regular Operating Expenses ........................$ Travel .....................^.... ......................................$ Motor Vehicle Equipment Purchases __.._----.$ Publications and Printing ............................^ Equipment Purchases ........................................$ Per Diem and Fees ...........................................^ Computer Charges .............................................^ Other Contractual Expense .............................$ Total Funds Budgeted .......................................$ Agency Assessments .__---,,--____.--__--__--_--______$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ..............--....... ...............$ Regular Operating Expenses ....__.._..........,,..$ Travel ................................................$ Motor Vehicle Equipment Purchases -__._----_.$ Publications and Printing ...........................$ Equipment Purchases ...................................$ Per Diem and Fees ..........................................^

263,521 15,112 2,600
--0-- 2,850 1,400 1,800
222,929 --0--
298,600 808,812 420,726
20
144,755 8,300 4,000
--0-- 2,000 1,300 8,100
--0-- --0-- 168,455 168,455
7
1,697,259 121,667 30,575 --0-- 59,950 9,950 58,750

172

JOURNAL OF THE SENATE,

Computer Charges ......................................4 Other Contractual Expense .............................^,
Federal Sub-grants to State and Local Agencies .................... ..4
Health Insurance Premiums -.---------.-----$ Health Insurance Claim Payments ___,,.___....._..$

487,249 395,000
298,600 9,904,709 13,270,291

Provided, however, that the State Merit System of Personnel Administration is authorized to make only such unit assessment as is required to fund the level of expenditure contemplated for this budget unit in this Ap
propriations Act.

Section 29. Department of Natural Resources.

Budget Unit: Department of Natural Resources .................................. ....................^ 27,814,763

1. Internal Administration Budget:
Personal Services ..........-..-.-..-..------.-_.$ Regular Operating Expenses ..........................^ Travel ................................................^ Motor Vehicle Equipment Purchases __...--._--..$ Publications and Printing _........_......_......._..._..$ Equipment Purchases .....................................^ Per Diem and Fees ...._.............. ........................^ Computer Charges ...................................... ..^ Other Contractual Expense ....._.._____---.._...,,..--.$ Total Funds Budgeted .................................^ State Funds Budgeted ........................... ^ Total Positions Budgeted

998,391 192,111
9,692 4,700 70,000 10,765 30,600 140,380 --0-- 1,456,639 1,456,639
83

2. Public Relations and Information Budget:
Personal Services ...........................................$ Regular Operating Expenses ............-.....--..--.$ Travel ..........................................^ Motor Vehicle Equipment Purchases ..........-..$ Publications and Printing .....----.....---..-.----.$ Equipment Purchases ........................................^ Per Diem and Fees ..........................................^ Computer Charges ....................................... .^ Other Contractual Expense .............................^ Total Funds Budgeted .................................... ^ State Funds Budgeted ....................................^ Total Positions Budgeted
3. Planning and Research Budget:
Personal Services ................................^, Regular Operating Expenses _............_............$ Travel ............................................... ..J$ Motor Vehicle Equipment Purchases _--.--.--.$ Publications and Printing .............................^ Equipment Purchases .......................................J^

346,402 81,719
8,882 11,300 267,944 14,260 6,500
500 --0-- 737,507 737,507
27
966,755 93,711 52,700 --0-- 60,000 9,800

MONDAY, JANUARY 19, 1976

173

Per Diem and Fees _,,_,,.__.____,,___.___.__.____.______$ Computer Charges _--._----__.--._--_._.--._...,,.._.$ Other Contractual Expense ......__-.__.._...__._.$ Land and Water Conservation Grants ,,_____.__..$ Recreation Grants ------.._....--......--.._._....-....$ Total Funds Budgeted ...-..._...__.._..._.__....._..._.$ State Funds Budgeted ....,,.._._.._.._........-....,,._,,.$ Total Positions Budgeted

80,620 3,000 108,909 3,600,000 300,000 5,275,495 1,355,611
60

4. Game Management Budget:
Personal Services ,,__-__.__..___.._._______.__.___.___,,.$ Regular Operating Expenses ...--..._..-....--.,,....$ Travel -.-...-...-........-----.-.....--..--......-......-.I Motor Vehicle Equipment Purchases .----,,,,--_$ Publications and Printing _..,,.._,,..,,..,,_.._.._....$ Equipment Purchases -..-..-.._.-,,..-_...-.,,..-,,.$ Per Diem and Fees _..-..._.__.-..-...._._-.._..,,.-..._..$ Computer Charges .--..--......__..--...__.._,,.--.__..._.$ Other Contractual Expense _.____,,_____..___..__,,____$ Capital Outlay ___,,--.--^_----_____.._---_____,,--..___$ Total Funds Budgeted _______._____________.__,,___.__.$ State Funds Budgeted ....._..-....__..._.__,,,,._...,,$ Total Positions Budgeted

1,319,780 525,766 16,692 161,400 15,000 27,300 3,500 6,500 19,267 --0--
2,095,205 1,143,586
109

5. Fisheries Management Budget:
Personal Services .,,...-_....,,..__.._-....__,,,,._,,..$ Regular Operating Expenses -...-._,,.__..___.._$ Travel -_...........,,.._......_...._.._....._._.._.._,,..,,.._....$ Motor Vehicle Equipment Purchases ,,__.__.____.$ Publications and Printing -_._..._-_-_..._.__...._.$ Equipment Purchases ----,,--.--.__----.___.._--.$ Per Diem and Fees .._...._.-.._.____-.__._........,,..$ Computer Charges _---...----..,,-__--_._..._.__..--$ Other Contractual Expense _..,,..._..,,........._.......$ Capital Outlay ..............,,_.,,._,,...,,..._..,,............$ Total Funds Budgeted .......................................I State Funds Budgeted ........__......._........,,......._...$ Total Positions Budgeted
6. Law Enforcement Budget:
Personal Services -..--.-...-..--...-.-................-....I Regular Operating Expenses _._..____._._______,,__,,_.$ Travel ..__..,,.-_.._.._.,,,,.__.._..._........_..._...,,._....,,. $ Motor Vehicle Equipment Purchases ----,,--.,,.$ Publications and Printing .................................I Equipment Purchases --.,,--_-._--_.-_.-_.--._..._.$ Per Diem and Fees _.___...____._.._........,,...,,.._..$ Computer Charges ,,--_----_-,,-__--_--_-__--___.____$ Other Contractual Expense --.--..--.._.._----.-- $ State of Georgia General
Obligation Debt Sinking Fund _......_.__......$ Total Funds Budgeted .._....,,......._......_..._.._.._..$ State Funds Budgeted .........._.......,,..,,................$ Total Positions Budgeted

1,379,687 584,406 30,980 98,700 8,500 99,325 2,400 3,125 31,200 116,000
2,354,323 1,893,908
108
2,973,856 870,025 52,600 291,000 29,400 281,297 8,780 --0^-- --0--
27,000 4,533,958 4,352,274
243

174

JOURNAL OF THE SENATE,

7. Project Evaluation Budget:
Personal Services ................................... ...^ Regular Operating Expenses .....------..--.--.--.$ Travel __-.--------- $ Motor Vehicle Equipment Purchases ___--______.$ Publications and Printing ..................................^ Equipment Purchases _______......_,,....__..--,,..._.$ Per Diem and Fees .................................. .^> Computer Charges --__.._--..__--------------_.---$ Other Contractual Expense .......................^ Total Funds Budgeted _.._-._--,,.$ State Funds Budgeted ................ ^ Total Positions Budgeted

64,611 12,409 2,645 4,100
300 1,600 --0-- --0-- --0-- 85,665 85,665
4

8. Coastal Marshlands Protection Budget:
Personal Services ..................................... -^ Regular Operating Expenses ............................^ Travel _.___..-,,____._,,.__-.---_--_--_-_---$ Motor Vehicle Equipment Purchases ._,,....._..$ Publications and Printing ..................................^ Equipment Purchases ..---_...._--......--_--...--.$ Per Diem and Fees ..............................................^ Computer Charges --._...--......_-.------...,,--_____.$ Other Contractual Expense ..............................^ Total Funds Budgeted .............. ..^ State Funds Budgeted .................. ....^ Total Positions Budgeted

44,695 7,205 2,500 3,500 650 1,065 2,640
--0-- --0--
62,255 62,255
3

9. State Parks and Historic Sites Operations Budget:
Personal Services .....................$ Regular Operating Expenses -_.________..___.___.______.$ Travel __.__________.____,,_._._$ Motor Vehicle Equipment Purchases .--............$ Publications and Printing ____,,_________.___,,_______..$ Equipment Purchases ............................. 4 Per Diem and Fees ____._,,_________.___,,__..,,.___.___.__..$ Computer Charges --.__.-,,--..--.--..----.....----..--.$ Other Contractual Expense _......_......._-......__.....$ Capital Outlay ...................... .^, Authority Lease Rentals ................... ^, Total Funds Budgeted .................. ^ State Funds Budgeted ........................................^ Total Positions Budgeted

3,878,544 2,747,958
64,500 178,888 36,000 149,757
57,500 --0--
28,500 165,000 2,526,000 9,832,647 7,238,593
337

10. Geologic and Water Resources Research Budget:
Personal Services ...... ...............--..............^ Regular Operating Expenses _______....._____.-_______..$ Travel ......_....._......._......-..........,,._........._......___....$ Motor Vehicle Equipment Purchases .--,,._--_.$ Publications and Printing ...................... .....^ Equipment Purchases ......................... .^

504,007 77,800 25,500 9,600 26,000 10,200

MONDAY, JANUARY 19, 1976

175

Per Diem and Fees ......................................$ Computer Charges .............................................$ Other Contractual Expense ..............................$
Contract with U.S. Geological Survey for Ground Water Resources Survey ........_.$
Topographic Mapping United States Geological Survey ................................$
Total Funds Budgeted ...........................$ State Funds Budgeted .................................$
Total Positions Budgeted

2,500 --0--
15,000
191,900
649,500 1,512,007 1,242,007
33

11. Water Supply Budget:
Personal Services ____.-__-__-______.-_.-.-__.__._.____.$ Regular Operating Expenses .........................^ Travel ..............................$ Motor Vehicle Equipment Purchases _..,,...-....$ Publications and Printing ...........................$ Equipment Purchases .......................................4 Per Diem and Fees --_,,..--..-..----_--.--.,,_._--..-$ Computer Charges ............................ ^ Other Contractual Expense --,,--...--_.....--...----$ Fluoridation Grants .....................................$ Total Funds Budgeted .................................$ State Funds Budgeted ___.___,,._._,,.__.-__.._______,,.__..$ Total Positions Budgeted

481,873 42,168 23,459
--0-- 6,000
21,237 --0--
10,000 --0-- --0-- 584,737 584,737
34

12. Water Quality Budget:
Personal Services _...__.,,_.....-...-...__._..__..__........$ Regular Operating Expenses ............................$ Travel ..........................$ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ................................I Equipment Purchases --.----~--.._.------.--.--- $ Per Diem and Fees _.._..--...................................$ Computer Charges ....._...._...-.__.._-.-._..--_.--_$ Other Contractual Expense .-_...__......_.......__..$ Water and Sewer Grants .......................$ Total Funds Budgeted .........................$ State Funds Budgeted ..................^.... ......$ Total Positions Budgeted
13. Air Quality Budget:
Personal Services ..........................................$ Regular Operating Expenses ,,..-..__..--.,,..-__.--_.? Travel ,,_.__--___-__.______,,_________._.._..____....,,....,,..$ Motor Vehicle Equipment Purchases ..,,--.--.$ Publications and Printing ...............................^ Equipment Purchases ........................... ....^ Per Diem and Fees _.._..._._..__........_.._._._._.....j Computer Charges .............................................^ Other Contractual Expense ........... ....................$ Total Funds Budgeted ................. ..^ State Funds Budgeted ..._._____._.._._,,.____.___ ._...._..$ Total Positions Budgeted

1,708,354 100,352 44,606 20,000 32,000 34,540 3,800 95,000 377,500
1,073,000 3,489,152 2,204,700
126
1,145,501 89,279 53,300 6,000 3,000 23,000 500 48,700 5,500
1,374,780 824,280 74

176

JOURNAL OF THE SENATE,

14. Solid Waste Management Budget:
Personal Services _,,_____--._,,___,,_,,_____,,____,,__.$ Regular Operating Expenses ,,-.__,,.-,,.-.-.,,_......$ Travel .__....__._______.___-.___-______.___$ Motor Vehicle Equipment Purchases ------,,,,.$ Publications and Printing _,,..,,..,,.-......__...__......$ Equipment Purchases ...._...,,_.._..___...,,.._.._...._.$ Per Diem and Fees _.....-._._.._,,......_........_...__..,__.$ Computer Charges --_..,,--........... __.......__,,,,,.$ Other Contractual Expense ........__....._...,,..,,_...,,$ Solid Waste Grants _-,,--_-..._-..-_$ Total Funds Budgeted ___,,_,,..___....__.,,,,,,,,.$ State Funds Budgeted ...._.,,-...._.....,,....._........_.$ Total Positions Budgeted

589,816 24,734 31,180
--0-- 6,500 3,000 1,500
--0-- --0-- 2,000,000 2,656,730 2,656,730
35

15. Land Reclamation Budget:
Personal Services ......,,.._....._........__-_.-........,,.....$ Regular Operating Expenses _--,,__.__,,--.,,__.__..$ Travel .................................... ..^ Motor Vehicle Equipment Purchases ..,,--._----$ Publications and Printing ...._....._.....,,.......,,.__...$ Equipment Purchases .......................................^ Per Diem and Fees ......................................^ Computer Charges .............................................^ Other Contractual Expense ...............................^ Total Funds Budgeted ..._,,.._.__..__-_.__-..__-..__.$ State Funds Budgeted __..._.._.,,___.,,__,,__.....$ Total Positions Budgeted
16. Heritage Trust Budget:
Capital Outlay -..,,.-...,,..-.....-..........._....._....,,..,,..$ State of Georgia General
Obligation Debt Sinking Fund .._.........._...__. $ Total Funds Budgeted __,,..,,_._.__,,__._.-,,...._,,$ State Funds Budgeted ................................^ Total Positions Budgeted
17. Lake Lanier Islands Development Authority Budget:
Payments to Lake Lanier Islands Development Authority for Operations _....$
Payments to Lake Lanier Islands Development Authority for Capital Outlay .........................................I
Total Funds Budgeted ...-__....-..___..--..,,-..._-$ State Funds Budgeted __-..,,.-......--....._......,,....$ Total Positions Budgeted
18. Jekyll Island State Park Authority:
State of Georgia General Obligation Debt Sinking Fund ._......._......_._...--_........--.$
Total Funds Budgeted ,,-___._____.___,,.____...____-__,,--.$ State Funds Budgeted ......-......_..,,...,,............_.$ Total Positions Budgeted

144,533 25,86.3 9,775 14,000
1,500 1,600 2,000 --0-- --0-- 199,271 199,271
9
590,000
302,000 892,000 892,000
0
482,500
52,500 535,000 535,000
0
350,000 350,000 350,000
0

MONDAY, JANUARY 19, 1976

177

Budget Unit Object Classes:
Personal Services ,,______..,,_,,.._.,,___..$ Regular Operating Expenses ..-.._-..__,,..._...-_.....$ Travel ....................................................................I Motor Vehicle Equipment Purchases ....,,..........$ Publications and Printing ______.,,______._____,,__.__,,._.$ Equipment Purchases ..,,_.-_-._.-- ...,,-$ Per Diem and Fees ,,...,,_.....,,_._____.,,$ Computer Charges _....._.__.._..._.......,,.._....._......,,...$ Other Contractual Expense _____._...._____.__._____,,__.$ Land and Water Conservation Grants ...._..--.? Recreation Grants ___________.___.__._______.___.._,,__._._..__.$ Fluoridation Grants .__..--._,,.----__-.__,,----__.___ ? Water and Sewer Grants ,,_.-__._-__.___..-__-______-$ Solid Waste Grants ___._______..____.__,,..__.,,_____.___.__.$ Contract with U. S. Geological Survey
for Ground Water Resources Survey ___...._.$ Contract with U.S. Geological Survey for
Topographic Maps ......_..._....,,_...._....__....._..._..$ Payments to Lake Lanier Islands
Development Authority for Operations .,,._.$ Capital Outlay __...._....._....__..._._.._..............___.__.$ Authority Lease Rentals -..._...._.-......._._..__.........$ State of Georgia General
Obligation Debt Sinking Fund __.____.___.._._._..$ Payments to Lake Lanier Islands
Development Authority for Capital Outlay .._._....._._...__...__..._._.-._._..__.,,.,,..__.$

16,546,805 5,475,506
429,011 803,188 562,794 688,746 202,840 307,205 585,876 3',600,000 300,000 --0-- 1,073,000 2,000,000
191,900
649,500
482,500 871,000 2,526,000
679,000
52,500

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, however, that none of the above appro priation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

Provided, that of the above appropriation to the Planning and Research Budget, $21,000 is designated and committed to the Georgia Special Olympics Program.

Provided, that of the above appropriation to the Parks and Historic Sites Budget, $60,000 is designated and committed for camping for the Mentally Retarded.

Provided, that of the above appropriation relative to Planning and Research, $100,000 in Grants is designated and committed for renovation of the 4-H Club property and adjacent property acquired for park and recreation

178

JOURNAL OF THE SENATE,

purposes. Provided further that these funds shall be matched with local or Federal funds.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $350,000 is specifically appropriated for the pur pose of financing Capital Outlay projects at Jekyll Island through the issuance of not to exceed $4,000,000 in principal amount of General Obligation Debt.
Provided, however, the Department is authorized to use up to $100,000 of the funding for Recreation Grants for the purpose of making grants to counties and cities in connection with the transfer to such counties and cities of the operation of certain existing State parks.
Section 30. Department of Offender Rehabilitation.
A. Budget Unit: Department of Corrections _._..._...$
1. General Administration and Support Budget:
Personal Services __.____,,_________.___..._.____,,_____.-___.$ Regular Operating Expenses ....-...._.....,,..__-....$ Travel __._.._..,,_.____.-._--_.--.___-.-$ Motor Vehicle Equipment Purchases ...._..--_...$ Publications and Printing __-.__.-_,,,,._....,,$ Equipment Purchases ___.._,,_______.___,,___,,________-_._.$ Per Diem and Fees ,,_.___._._._,,.,,._..,,..,,$ Computer Charges _.....-.,,-,,-.,,.$ Other Contractual Expense -_-___,,__._-_._.______.__.._-$ Mentally Retarded Offender Program .._...._.$ Total Funds Budgeted _...._....,,__,,,,_._$ State Funds Budgeted _.__..___.,,_____,,_.___._____..,,_.$ Total Positions Budgeted
2. Construction, Maintenance, and Special Projects Budget:
Personal Services ..__....------..---.---..--....--.,,-? Regular Operating Expenses .-.-...........__..--.--.? Travel _,,.,,.,,_...__.....,,.__..,,-_._-.,,-.....,,$ Motor Vehicle Equipment Purchases ...._._..._...$ Publications and Printing ................................I Equipment Purchases ,,.._---_......_..._--.....,,..--.$ Per Diem and Fees ._.....__....._.,,_-...._..._..._-.._-$ Computer Charges -.--..----.__-,,._-.__.--_-.._-..-.,,$ Other Contractual Expense _...._..,,_...,,.....,,.,,....$ Capital Outlay _,,__._._____-_______._._.______-_________.._._._.$ Total Funds Budgeted __...._._...,,...,,...-.,,.._...-$ State Funds Budgeted ___.________,,____________.__-__.._-$ Total Positions Budgeted

3,740,152
2,273,738 492,234 76,000 4,900 24,000 21,800 27,820 314,442 57,500 150,000
3,442,434 3,442,434
170
175,418 45,300 20,000 4,000
1,000 --0-- 40,000 --0--
12,000 --0-- 297,718 297,718
11

3. Federal Grants Budget:
Personal Services ...._..__...-_..__..,,...._....._-..._-.$ Regular Operating Expenses ...,,...-....._-..-__.._..$

522,388 90,737

MONDAY, JANUARY 19, 1976

179

Travel

........$

Motor Vehicle Equipment Purchases ...........__.$

Publications and Printing .................. 4

Equipment Purchases ------_--___----_-___._______-.._.$

Per Diem and Fees ..................$

Computer Charges __________________________ ._......__.......__.$

Other Contractual Expense ..-..___..__.....-..__......$

Total Funds Budgeted .._.........__...._......_..__...._.___.$

State Funds Budgeted .............. .^

Total Positions Budgeted

55,572 --0--
10,167 8,196 51,297 131,940 330,304 1,200,601 --0--
57

Budget Unit Object Classes:
Personal Services ............ ...^ Regular Operating Expenses -__._._..._..____.______.__.$ Travel ..........$ Motor Vehicle Equipment Purchases ......__......$ Publications and Printing -._._..,,.__...-_.___....._._.....$ Equipment Purchases ......_._...__......_.,,...._._....,,..$ Per Diem and Fees -.....--...__......__...._..._.....___.....$ Computer Charges ..............$ Other Contractual Expense _..._.__..........,,..__.._...$ Mentally Retarded Offender Program .__..._._._.$ Capital Outlay ....^ .....................$

2,971,544 628,271 151,572 8,900 35,167 29,996 119,117 446,382 399,804 150,000 --0--

Provided, that the Department is hereby authorized to redirect up to $250,00 of the unexpended balance of the Georgia Building Authority (Penal) funds for the architectural design and drawings of a correctional institution in Chatham County.

B. Budget Unit: Correctional Institutions _..........._...$ 35,408,966

1. Georgia Training and Development Center Budget:
Personal Services ______..___.___________..__.,,_.___.....___._._$ Regular Operating Expenses ........ ^......^ Travel .............$ Motor Vehicle Equipment Purchases ...._..._..._.$ Publications and Printing ......_.._._........._........_.$ Equipment Purchases ___--..___.___.________-___,,____.___$ Per Diem and Fees ..--._-..-_._...-.......__.....-_._...__..$ Computer Charges ,,--.....--.....---......--__..,,..._.....$ Other Contractual Expense ..,,..__..-.._.......___.... $ Total Funds Budgeted .._._........__.....___............._.. $ State Funds Budgeted .._._..._...........__.................$ Total Positions Budgeted
2. Georgia Industrial Institute Budget:
Personal Services -.-._._.-....._.....-,,..._..............__.....$ Regular Operating Expenses ._________,,___,,____.__..$ Travel _._.,......._.....__..__......_......._....._.__......_....__....._.. $ Motor Vehicle Equipment Purchases ......_._...$ Publications and Printing _,,._.._._..._._.....__...__..$ Equipment Purchases ............__..........._..___.._.._ $

928,892 398,735
4,968 22,500
125 36,451 19,000 --0-- --0-- 1,410,671 1,078,871
81
2,458,300 1,404,341
4,400 66,000
673 79,855

180

JOURNAL OP THE SENATE,

Per Diem and Fees ........,,.....-.........._.................$ Computer Charges ..--_..------.-----_.,,----_.--,,.$ Other Contractual Expense ..___-.--._ ,,..,,.,,,,...,,$ Capital Outlay _...__......_..........,,.......____....._.,,_.....$ Total Funds Budgeted .....................................I State Funds Budgeted _........_......._-.-....._-_..._._.$ Total Positions Budgeted

22,000 --0-- --0--
40,000 4,075,569 4,063,569
227

3. Georgia Diagnostic and Classification Center Budget:
Personal Services -.-._---...___---..._-_--_......--..._-_-$ Regular Operating Expenses .._.-...............__..--$ Travel ......_......_____._.................._......_.........._.......$ Motor Vehicle Equipment Purchases --..._--.$ Publications and Printing .-......--..............._.....$ Equipment Purchases .__.....-..__.-......_..,,......__...._.$ Per Diem and Fees ..............................._..._......$ Computer Charges -----.-----.-,,-----.-----,,----.$ Other Contractual Expense _......._........._....._...$ Capital Outlay ......_-........-........._........_.-..._...-..$ Authority Lease Rentals ......._,,.._...._._.....__._,...._$ Total Funds Budgeted ......_.._..............._.......'__._...$ State Funds Budgeted ........-...-................._......,,.$ Total Positions Budgeted

2,709,048 953,038 11,782 44,700 1,225 123,167 79,275 --0-- 241,811 100,000 640,000
4,904,046 4,549,164
285

4. Georgia State Prison Budget:
Personal Services ..__........___......__._...._..___.......____..$ Regular Operating Expenses ._..._..._......._........_.$ Travel ___....._.......,,......-....--_._........._........__.__...._._... $ Motor Vehicle Equipment Purchases -.--......? Publications and Printing ......_._......._.-..-..__.-...? Equipment Purchases ......_--...._.___-...._____...._____..$ Per Diem and Fees ...._.........,,_.....__........__......__..$ Computer Charges ---...--.,,......--..--..--...----.$ Other Contractual Expense ........__..__......__.._....._.$ Capital Outlay ............._,,,,_......_.._.....,,........._......? Total Funds Budgeted ....._........__........_.........__. $ State Funds Budgeted .._........._........._........._.......$ Total Positions Budgeted

4,791,681 2,900,302
6,000 88,000
1,600 239,775
63,000 --0-- --0--
75,000 8,165,358 7,580,3'58
450

5. Consolidated Branches Budget:
Personal Services ...._...................__....__.._......._._._.$ Regular Operating Expenses --...-_____....-_.-....---$ Travel ....__........_.........._......_..................._....__........ $ Motor Vehicle Equipment Purchases -_.........$ Publications and Printing .___,,..-.-_____--.-______..--$ Equipment Purchases ..........._.__..............._..._.....$ Per Diem and Fees ._..........._......_......._-._....._._...$ Computer Charges .-...__..-......,,...--._-....--__._.......$ Other Contractual Expense ......_.._.......__.__......_...$ Total Funds Budgeted ....___......._.__....._.._....__......$ State Funds Budgeted .........................__......._..._.$ Total Positions Budgeted

3,419,025 1,965,600
12,200 55,000
2,560 234,075 119,000 --0^ --0-- 5,807,460 5,435,460
341

MONDAY, JANUARY 19, 1976
6. Montgomery Correctional Institution Budget:
Personal Services ............ ......._......._.$ Regular Operating Expenses --...............$ Travel ............................................$ Motor Vehicle Equipment Purchases ..__....___$ Publications and Printing ___,,______,,________________.$ Equipment Purchases __-.----.._.-._..._-.- $ Per Diem and Fees .__._,....__........__...__....._._......._.$ Computer Charges .-- ..------.---.-.----.----.$ Other Contractual Expense .._... ._....--...._..-.._...$ Authority Lease Rentals ...-.-..$ Total Funds Budgeted ........................................I State Funds Budgeted _........___..__.___.__..._____.._._.___.$ Total Positions Budgeted
7. Walker Correctional Institution Budget:
Personal Services ,,.-..... ...... .,..__... $ Regular Operating Expenses ........................$ Travel .__.__.._.._._.____.--..___.._-..____._-______.__._____..._.___.$ Motor Vehicle Equipment Purchases ........ $ Publications and Printing ___,,__________.___.___________ $ Equipment Purchases __--__,,__,,..--__,,.,,_.____.__--.$ Per Diem and Fees ____,,,,_____....___....._._______...______. $ Computer Charges -,,_....--...-.__.-.,,__..,,-__.__,,.....,,.$ Other Contractual Expense ....,,....,,._,,_....._....._._ $ Authority Lease Rentals ......_................._......._...$ Total Funds Budgeted ...._._..._.._...,,....._......._._.....$ State Funds Budgeted __ __..,,,,$ Total Positions Budgeted
8. Georgia Women's Correctional Institution Budget:
Personal Services ....--. ...... -...--.....$ Regular Operating Expenses _--_______..________,,.__ $ Travel ........._..........,,......._..._......___.........__.._......._...$ Motor Vehicle Equipment Purchases ___._._..__.$ Publications and Printing .....__.....___.___.,,_.,,._._. $ Equipment Purchases _._..............._..__-......._.......$ Per Diem and Fees ........................$ Computer Charges ................................. ^ Other Contractual Expense .................,,....._._.$ Total Funds Budgeted _._.._....,,_............._............ $ State Funds Budgeted .......................................$ Total Positions Budgeted
9. West Georgia Community Correctional Institution Budget:
Personal Services __..._..................._......-__._........._. $ Regular Operating Expenses ............................^ Travel ...._._..................._.........__.......__..... ................$ Motor Vehicle Equipment Purchases .......... $ Publications and Printing .........._._......._.........$

181
615,000 304,513
3,550 9,000
350 27,125 9,800 --0-- --0-- 100,000 1,069,338 1,051,338
60
568,000 328,611
2,450 15,000
425 29,025 10,500 --0-- --0-- 100,000 1,054,011 1,054,011
59
697,350 217,150
2,000 21,500
400 23,120 4,100 --0-- 2,500 968,120 968,120
100
225,000 297,000
4,000 30,000
1,000

182

JOURNAL OF THE SENATE,

Equipment Purchases .........--............. ^ Per Diem and Fees .................... ....^ Computer Charges _._._______...____-____.____-__..,_____.__--$ Other Contractual Expense .._._....__.._-.....__...-..._..$ Total Funds Budgeted __..,._..__...-_...-..._....._..._.$ State Funds Budgeted ...........$
Total Positions Budgeted

536,475 18,000
--0-- --0-- 1,111,475 1,111,475
150

10. Youthful Offender Institution Budget:
Personal Services _,,._...-._._..._.....-..__._.._....._..__-$ Regular Operating Expenses .._..__.__......___..,,..,,.$ Travel .................................. .^> Motor Vehicle Equipment Purchases ._..__..-- $
Publications and Printing ................ .....^ Equipment Purchases ................. ....^ Per Diem and Fees .................... ..^ Computer Charges ---,,-.--,,------..------.---..--.-$ Other Contractual Expense ,,_...___..-- .._._...---_..$ Capital Outlay ............................ ..^ Total Funds Budgeted ___.-__.__..___.___,,,,_,,.____.,,___.$ State Funds Budgeted ........................................^ Total Positions Budgeted

1,193,700 706,400 8,500 57,500
800 10,000 30,000 --0-- --0-- 1,665,000 3,671,900 3,671,900
214

Provided, that of the above appropriation, $3,041,500 is designated and committed for the Glynco Correctional Institution, or such other youthful offender institution as may be designated by a majority of the membership of the Fiscal Affairs Subcommittees of the House and Senate. Provided, further, that these funds shall only be available for expenditure at State-owned facilities.

11. Work Release Center Budget:
Personal Services ............................... ^ Regular Operating Expenses ..... ... ...--.-- ...$ Travel ................................................. .^ Motor Vehicle Equipment Purchases ..-.....--.$ Publications and Printing ................................% Equipment Purchases ............................$ Per Diem and Fees -__.,,.__,,_____._____.____--___..._,,___.$ Computer Charges .................................... ...^ Other Contractual Expense ..................... ....^ Total Funds Budgeted .......................... ^ State Funds Budgeted ._..._._....-...__.....,,...-_..._-_...$ Total Positions Budgeted
12. Andromeda Center Budget:
Personal Services ....................... Regular Operating Expenses ............. Travel ................................................. Motor Vehicle Equipment Purchases Publications and Printing ...._....,,.._.... Equipment Purchases ........................... Per Diem and Fees _,,-_.---_-------_--._,,

168,000 147,809
2,200 5,000
211 5,492 8,500 --0-- --0-- 337,212 337,212
16
31,000 --0-- -- 0-- -- 0-- --0-- --0-- --0--

MONDAY, JANUARY 19, 1976

Computer Charges __.--___.____--____.--__...__-_________.$ Other Contractual Expense _--._.__-...,,,,.-..,,....$ Total Funds Budgeted __...._....,,._......_...,,...__.._..__.$ State Funds Budgeted ._......___.__..__.._......__......_.$

13. Impact Centers Budget:

Personal Services ...._-.__..__.___....._....._.....__..........$

Regular Operating Expenses _....--.....-_....._..__..$

Travel

.._.--_-_.__.._.$

Motor Vehicle Equipment Purchases _.......__..$

Publications and Printing ._......,,_..._.__.....__,,....$

Equipment Purchases --..----__--_________--___---$

Per Diem and Fees ___.__..__$

Computer Charges .__.--.-._-...__..-...__-.__.._,,.___.......$

Other Contractual Expense ...._._....._............_....$

Total Funds Budgeted ............-....._...__._._......._...$

State Funds Budgeted ......................................I

Total Positions Budgeted

14. Talmadge Memorial Hospital Unit Budget:

Personal Services ....__-,,____._._____.____.,,......._....._.... $

Regular Operating Expenses _..-._.,,,,__.-._._...._.$

Travel

,,..-__.-._._.-_..._.$

Motor Vehicle Equipment Purchases ----,,--.$

Publications and Printing _______.______,,_,,________.___.$

Equipment Purchases --.....--.,,.._..,,......--..,,---$

Per Diem and Fees ._.._...__........_.._........__.._..__.....$

Computer Charges ___..._.-_...._.___..._._...._..........,,.__.$

Other Contractual Expense _....._._........_.__...... $

Total Funds Budgeted ______..____._..___.________._______.._.$

State Funds Budgeted __..._......_...._......__......_.......$

Total Positions Budgeted

15. Food Processing and Distribution Unit Budget:
Personal Services ............._......_...._.._...__._......._..$ Regular Operating Expenses __,,.__,,- $ Travel ....................._........__....._...._....._....._....._._..._.$ Motor Vehicle Equipment Purchases _--._.._--$ Publications and Printing ......_....._....._.._..__......$ Equipment Purchases ,,_____.--__,,--___..___,,--____--_$ Per Diem and Fees .__._______..____,,____._,,____.__,,__..__.$ Computer Charges .._._.....,,.__.....,,.............._.......$ Other Contractual Expense ....__...._.___..._....,,__.$ Capital Outlay ,,.,,......._.......__......_...,,............_.....$ Total Funds Budgeted .._.........................__.,,..._.$ State Funds Budgeted _..__...______.,,_.________._._....._.$ Total Positions Budgeted

16. Court Costs, Overtime, and Inmate Release Funds Budget:
Personal Services--Overtime ._..___.__-.___._._____.___.$ Regular Operating Expenses _..,,.._...._.........._._.$

183
--0-- --0--
31,000 31,000
656,334 202,767 21,588
124 90 6,594 20,353 2,408 --0-- 910,258 98,488 58
185,000 45,000
1,500 --0-- --0-- --0-- --0-- --0-- --0-- 231,500 231,500
20
24,500 260,000
1,500 --0-- --0-- --0-- --0-- --0-- --0--
93,000 379,000 379,000
4
30,000 --0--

184

JOURNAL OF THE SENATE,

Travel .__....._...,,...__...__...._.....,,._...._...,,...,,_,,...._...$ Motor Vehicle Equipment Purchases _____--_--$ Publications and Printing ....................... ^ Equipment Purchases ............................ ...^ Per Diem and Fees ........................................... ^ Computer Charges ..,,.. ...._......,,..._._...,,..._..._$ Other Contractual Expense ............................. ^ Court Costs _,,.._...,,_.,,._._..,,.._.$ County Subsidy ............................ ^ Inmate Release Fund ................ .^ Total Funds Budgeted ....__-._...._._...-_-.-..___.._.._.$ State Funds Budgeted ___._-...--...__-..__..._-..___.$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- 140,000 2,857,500 383,000 3,410,500 3,410,500
0

17. Pre-release Centers Budget:
Personal Services ...............................................^ Regular Operating Expenses --,,.,,-.--...--...__..$ Travel ........................... .....^ Motor Vehicle Equipment Purchases _...-...--.$ Publications and Printing .------------.--------$ Equipment Purchases -.---.--.-..-_-.-,,-...--.--.--._.$ Per Diem and Fees ............................................$ Computer Charges ._.----_..-_.--__.-.-..,,...--.----$ Other Contractual Expense ............................^ Total Funds Budgeted _..__.......$ State Funds Budgeted .......................................^ Total Positions Budgeted

134,245 126,233
2,500 7,500
250 78,772
6,000 --0--
1,500 357,000 357,000
21

Budget Unit Object Classes:
Personal Services ..................... ..^ Regular Operating Expenses ....,,.-........_.._..._...$ Travel ................ ^ Motor Vehicle Equipment Purchases ..--.--_..$ Publications and Printing ................................i Equipment Purchases ...._...-..,,....--.._..._-..._..._.$ Per Diem and Fees ............................................i Computer Charges .,,..._._-..-..,,-...-......__..._-.,,$ Other Contractual Expense _....__..__..-...._.....--.$ Authority Lease Rentals ................................I Capital Outlay _______________-,,__,,___._.______._.__.___._..__-$ Court Costs ........... ....^ Inmate Release Fund ..__...-.._..........-.-_...._--.$ County Subsidy ...............................................I

18,835,075 10,257,499
89,138 421,824
9,709 1,429,926
409,528 2,408
245,811 840,000 1,973,000 140,000 383,000 2,857,500

Provided, that of the above appropriation relative to Capital Outlay, $40,000 is designated and committed for kitchen renovations at Georgia Industrial Institution.

Provided, that the Department is hereby authorized and directed to redirect up to $350,000 from funds available to the Georgia Building Authority (Penal) for a feed mill and hog project at Georgia State Prison and an abattoir at Georgia Industrial Institute.
Provided, that of the above appropriation relating

MONDAY, JANUARY 19, 1976

185

to Equipment Purchases, $100,000 is designated and com mitted to purchase a new sealer, steamer and related equipment for the cannery at Georgia State Prison.

Provided, that of the above appropriation relating to Capital Outlay, $75,000 is designated and committed to drill a well and provide the first component of a portable irrigation system at Georgia State Prison.
Provided, that of the above appropriation relating to Capital Outlay, $93,000 is designated and committed to renovate a warehouse at Central State Hospital for the Food Processing and Distribution Unit.
C. Budget Unit: Department of Offender Rehabilitation _..._.._.........._-._........._._...._.._...._...$
1. Probation and Parole Field Supervision Budget:
Personal Services ___._...._____...._.___._______._____...._..___.$ Regular Operating Expenses _____--_..___--_____......$ Travel .._.__..__...__._...._._-...__.._-_...___.....__.._..._._.....__..$ Motor Vehicle Equipment Purchases ....___--..$ Publications and Printing ..................... ^ Equipment Purchases .._......-._.......___...,,.__.....__..$ Per Diem and Fees ,,__.._ _^___ _..._..__$ Computer Charges _.,,....__.-_...___..._.___..._..._.....___.$ Other Contractual Expense --_-------__,,._____.._.$ Total Funds Budgeted ._..........._...._..__.._.._....._.__..$ State Funds Budgeted .._......__.....-....._..._._.__..__..$ Total Positions Budgeted
2. Probation/Parole Budget:
Personal Services .._._.......__......._..,,.._......._........_..$ Regular Operating Expenses .__....._....._.._..._.,,._.$ Travel ...,,......,,_....,,._....__.,,$ Motor Vehicle Equipment Purchases ___._._.-- $ Publications and Printing _......._....._......._..__,....$ Equipment Purchases ...... .............__...,,..._...___..$ Per Diem and Fees ._......._..................._........_.....$ Computer Charges .....-......-............_...,,_...........$ Other Contractual Expense ............................I Total Funds Budgeted ...._._......._....._...__......_.......$ State Funds Budgeted ........._........_.._......_...........$ Total Positions Budgeted
3. Treatment Centers Budget:
Personal Services ............ .......... $ Regular Operating Expenses .........._........._..._...$ Travel ........,,......,,$ Motor Vehicle Equipment Purchases ._______--.$ Publications and Printing ....._...__....._......._....... $ Equipment Purchases ----_.----. ...--..._--....-.--.$ Per Diem and Fees ..............................................I Computer Charges ..__..._.______..______.________--______,,_.$

4,972,689
292,139 28,156 8,670 --0--
500 --0-- --0-- --0-- --0-- 329,465 329,465
15
3,453,447 336,003 185,460 --0-- 872 31,328 7,626 --0-- 11,488
4,026,224 4,026,224
321
399,942 199,614
8,340 --0--
1,873 1,007 6,224 --0--

186

JOURNAL OF THE SENATE,

Other Contractual Expense ..._,,............_..._._....__.$ Total Funds Budgeted .................... .^ State Funds Budgeted _____..____.______________.___._.___.__$ Total Positions Budgeted

--0-- 617,000 617,000
41

4. Federal Grants Budget:
Personal Services __-._...-_...-___..__._..._....-_._....__..._.$ Regular Operating Expenses _.....__.._._...__...._._._$ Travel ..................... .4 Motor Vehicle Equipment Purchases _--_,,__,,.$ Publications and Printing _....._.,,...._..__....._..._...$ Equipment Purchases ......................^ Per Diem and Fees .................... ..^ Computer Charges ..................... .....^ Other Contractual Expense ........ ..^ Total Funds Budgeted .......................$ State Funds Budgeted -_...__.,,.._-....-...___...,,-_....._.$ Total Positions Budgeted

1,183,214 370,921 70,432 20,000 20,962 88,798 72,205 --0-- 50,698
1,877,230 --0-- 152

Budget Unit Object Classes:
Personal Services ........................ ........^ Regular Operating Expenses ..----.--...------$ Travel _.....____._..,,-_.._..__.___,,_.$ Motor Vehicle Equipment Purchases ........,,.$ Publications and Printing ................................I Equipment Purchases ................. ^ Per Diem and Fees ........................ ...^ Computer Charges ,,,,_..,,___,,_ ...._.....__..__...__.$ Other Contractual Expense .................. ..^

5,328,742 934,694 272,902 20,000 24,207 121,133 86,055 --0-- 62,186

D. Budget Unit: Board of Pardons and Paroles ._._..-.-- ,,.------_$ 1,548,318

Board of Pardons and Paroles Budget:
Personal Services ....................... ..^ Regular Operating Expenses .__.-__._...__.._..._.-.....$ Travel ,,,,.._..._.__...__._......_-...._-.._-._..._....._.,,_._..._._.,,_.$ Motor Vehicle Equipment Purchases ______.___..$ Publications and Printing .................... ^ Equipment Purchases ...............................^ Per Diem and Fees ...........................................^ Computer Charges ...............................^ Other Contractual Expense _,,_.-._.--....--,,--.,,__.$ Total Funds Budgeted ._-_..._...._...._....._-...._..,,.._$ State Funds Budgeted .......................................^ Total Positions Budgeted

Budget Unit Object Classes:

Personal Services ....._.,,....__-..._,,..._..._._-...__..._...-$

Regular Operating Expenses ............................^

Travel

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

Motor Vehicle Equipment Purchases ____.___.--$

Publications and Printing __,,,,.___--___,,.,,__.-_._--$

1,479,652 21,960 78,771
--0-- 1,200 800 11,200
--0-- --0-- 1,593,583 1,548,318
125
1,479,652 21,960 78,771
--0-- 1,200

MONDAY, JANUARY 19, 1976

187

Equipment Purchases --...... Per Diem and Fees __,,___,,.... Computer Charges __.--...__.. Other Contractual Expense

800 11,200 --0-- --0--

Section 31. Department of Public Safety. Budget Unit: Department of Public Safety __....$ 23,608,904

1. Office of Highway Safety Budget:

Personal Services ........--......----....----....---......$

Regular Operating Expenses ............................$

Travel

_._____$

Motor Vehicle Equipment Purchases ,,--_.....$

Publications and Printing .._..,,._._.__........_..__.__..$

Equipment Purchases ............. .....^

Per Diem and Fees ............................................$

Computer Charges ............................................^

Other Contractual Expense _,,.__..____--_____,,__..__.__,,$

Total Funds Budgeted .......................$

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

Total Positions Budgeted

253,847 25,600 13,000
--0-- 7,000 2,000 8,000 1,000
--0-- 310,447 --0--
16

2. Commissioner's Office Budget:

Personal Services .............. ^.

Regular Operating Expenses .___.....-.___....._._.....$

Travel

.................. ..^

Motor Vehicle Equipment Purchases .._.__--...$

Publications and Printing ___..______._______._____________.$

Equipment Purchases ......--.--...--..---......-._.__.$

Per Diem and Fees ........ .....-$

Computer Charges .................$

Other Contractual Expense .............__..._..,,..__.....$

Total Funds Budgeted ._...._.___._..._......._._..........__.$

State Funds Budgeted ........................................I

Total Positions Budgeted

373,381 49,155 4,690 30,000 30,000 4,000 3,000
--0-- --0-- 494,226 491,315
22

3. Staff Services Budget:
Personal Services _._.._...-.-.....-....--...__-.....- $ Regular Operating Expenses _......._...._........_..._.$ Travel _..... ..................................$ Motor Vehicle Equipment Purchases __--______.$ Publications and Printing ........_......._.......__.._...$ Equipment Purchases ------........._.--.--..,,,,._.. $ Per Diem and Fees .......... ^ Computer Charges ....................^......................^ Other Contractual Expense _.......__..,,..__........_.....$ Total Funds Budgeted ............... ...^ State Funds Budgeted ........................................^ Total Positions Budgeted

716,772 1,201,462
5,550 --0--
52,400 11,107 5,750 80,200 --0-- 2,073,241 2,073,241
64

4. Georgia State Patrol Budget:
Personal Services -_.._._.......-.........__..._..........-..__..$ 15,360,147 Regular Operating Expenses __ .....,,.........._-....$ 2,127,773

188

JOURNAL OF THE SENATE,

Travel ....._.,,......__..._....._._...__.,,_.....,,_....._...._._...$ Motor Vehicle Equipment Purchases _...--....$ Publications and Printing ..,.___..........____..__...._.$ Equipment Purchases ._-.________.__.._..__--__._...____..__.$ Per Diem and Fees ..-_-..-_.............__..,,.._...__-_...$
Computer Charges .............................$ Other Contractual Expense _-_________._,,___.-__._--___.$ Total Funds Budgeted .__..__._...._.....-,_-__._...__-..._.$ State Funds Budgeted .....__..,,......__.....__..._.._..___..$ Total Positions Budgeted

153,503 840,000 723,908 96,429 28,934
1,375,854 --0--
20,706,548 20,461,772
1,162

5. Mandate Training--Operations Budget:
Personal Services ..................... ..^$ Regular Operating Expenses .__..---...__.__._-.__..$ Travel _..---------------.-$ Motor Vehicle Equipment Purchases .__.--,,--$ Publications and Printing ..,,_..._......._...._....._,,.$ Equipment Purchases --..---.-- ...--..-- .$ Per Diem and Fees ..................... .^ Computer Charges ........................ ..^, Other Contractual Expense __......_...,,...._._....,,.....$ Total Funds Budgeted ....................... .^ State Funds Budgeted .......................................^ Total Positions Budgeted

220,433 336,093
17,495 4,800 6,193 53,646
6,551 3,000 --0-- 648,211 238,680
17

6. Police Academy:
Personal Services ....__...._._...._.._...._-._.__......_.......$ Regular Operating Expenses ........_..--.__...._..._.$ Travel .__.._._.._._____._____,,$ Motor Vehicle Equipment Purchases ,,..-...__..$ Publications and Printing ....__...__......__...____..__.$ Equipment Purchases .._._________-____._______._____._____-$ Per Diem and Fees ............................ .^ Computer Charges ............................................9 Other Contractual Expense _______.___.__.-_______-._____.$ Capital Outlay .......................... .^ Total Funds Budgeted _...___..-_._....._...._.._.._.....$ State Funds Budgeted _...__...,,.._...._.....__...__.........$ Total Positions Budgeted

273,474 71,736 5,706 --0-- 6,980 23,500
47,000 --0-- --0-- -- 0-- 428,396 343,896
17

Budget Unit Object Classes:
Personal Services .___,,..___.-.___....__..._._..._.___..._._...$ Regular Operating Expenses ___.--._-.,,_..--_...--.$ Travel _-...._.._._..._._.....__-..._.-.......__.-...,,......_...-__.....$ Motor Vehicle Equipment Purchases _--__.--.$ Publications and Printing __..-.......__...._.-..._...-.$ Equipment Purchases _...__....__...._-....._...__..._._...$ Per Diem and Fees -..-__...._._...-.....-,,..,,...,,.__..._-.$ Computer Charges ...................... ..^. Other Contractual Expense -.--_.__--__----.----$ Capital Outlay ........_..,,-..._-_..._......_..._._...__....-.$

17,198,054 3,811,819
199,944 874,800 826,481 190,682 99,235 1,460,054 --0-- -- 0--

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for

MONDAY, JANUARY 19, 1976

189

Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American As sociation of Motor Vehicle Administrators, and the Inter national Association if Chiefs of Police (State and Provincial Police).

Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System ._........_._...,,,,.._...,,..._.....$

8,278,180

Departmental Operations Budget:
Payments to Employees' Retirement System _...:_,,..,,_,,.,,_......._......._...,,$
Employer Contributions _....._..,,_,,_.....__...._._....__.$ Total Funds Budgeted _.....____...---....-_...-.,,-..__.....$ State Funds Budgeted ....._._...___............__._..._._.....$

--0-- 8,278,180 8,278,180 8,278,180

Budget Unit Object Classes:
Payments to Employees' Retirement System __,,__..______--,,_,,.__...-_...,,_.$
Employer Contributions .._.._...____..-.--....-......_-.$

--0-- 8,278,180

Section 33. Public Service Commission. Budget Unit: Public Service Commission ....__..$ 2,191,045

1. Administration Budget:
Personal Services .._._....._.__..._......__......_......._....... $ Regular Operating Expenses .__.-...___-...__..........$ Travel __....-..-.._--...,,.....,,... ..-......_..__..--....,,....._..... $ Motor Vehicle Equipment Purchases ...._._..__.$ Publications and Printing .._.__..__....,,___.._..___..._.$ Equipment Purchases .._.___,,....._..-.._....__..,,......._.$ Per Diem and Fees _....._._..._-......._.....__....._...._,,.$ Computer Charges ...,,._......--..--..___-..._,,.._.._-$ Other Contractual Expense -__.___._.,,.___.__.__..____.$ Total Funds Budgeted .._..__..............__.....__......_...$ State Funds Budgeted ___...,,.____..___.._.._......._._..._.$ Total Positions Budgeted

516,920 32,480
6,500 --0--
1,500 2,300 2,000 --0-- 22,500 584,200 584,200
27

2. Transportation Budget:
Personal Services ___._____-.__._.__-__.___..___.___.___-.____...$ Regular Operating Expenses .._._............__..,,.$ Travel __......___._..._....._.._..,,_._,,........._._....__..,,.._..._...$ Motor Vehicle Equipment Purchases ___.___._...$ Publications and Printing _,,.....,,..___,,__._..._._..,,.$ Equipment Purchases _---..--._,,..----._--....--.__..$ Per Diem and Fees ......_-....._....--...-_._..-.._.....__..$ Computer Charges -..,,--...,,._......._........_..,,.__.$ Other Contractual Expense -___.---___--..__._______.$

511,972 104,118 32,500 --0--
8,500 5,200 3,000 --0-- --0--

190

JOURNAL OF THE SENATE,

Total Funds Budgeted ,,..,,.,,.._,,......$ State Funds Budgeted ..____.._......_..._.........__......_.$ Total Positions Budgeted

665,290 665,290
44

3. Utilities Budget:
Personal Services _._.__.____,,_-__....____..___.___.__--____-___.$ Regular Operating Expenses -......--.--.....--..-.$ Travel __.._-.._........_-._......,,.....-..__...._._.._....-.__._-? Motor Vehicle Equipment Purchases .-----_...$ Publications and Printing .._.,,_....__,,__.-..._..,,...$ Equipment Purchases __.____________..___-____-_._,,--,,_-$ Per Diem and Fees .......-........-_,,.-...,,.._.-_........_-$ Computer Charges .-_.--.--...--.-..,,.--..--..-----$ Other Contractual Expense ___.,,_._--___--_-_._.$ Total Funds Budgeted _-..___.,,..,,___._-_._._,,-_-$ State Funds Budgeted ...._...__......,,...__.,,_.__....-.._-.$ Total Positions Budgeted

724,791 89,790 40,000 --0--
6,000 16,800 102,850 --0-- --0-- 980,231 941,555
56

Budget Unit Object Classes:
Personal Services .__,,._...._..._..._..-,,.,,..._..._..._.....$ Regular Operating Expenses ...._..-._..._....,,..__..$ Travel _._,,___.__.______._,,_________,,_.___,,_________,,___._.-.$ Motor Vehicle Equipment Purchases __--_--..$ Publications and Printing ...._..._,,._..._....._..__..._.$ Equipment Purchases _..._..__.,,._..__.._...._....._-......$ Per Diem and Fees ..--.-.----.---$ Computer Charges ___--,,,,.--.__.._.----_----_--_-$ Other Contractual Expense ._____.___.-,,_____-__._...___.$

1,753,683 226,388 79,000 --0-- 16,000 24,300 107,850 --0-- 22,500

Section 34. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions ..__---------_--.,,

. $ 257,724,319

1. Resident Instruction Budget:

Personal Services __________.____,,__.____.____.___.____.______.$ 225,266,285

Regular Operating Expenses,

Travel, Motor Vehicle

Equipment Purchases, Pub

lications and Printing,

Per Diem and Fees, Equip

ment Purchases, Computer

Charges, and Other

Contractual Expense _..-__.__...-_..-_...._._...-._.$ 67,899,658

Teachers' Retirement .._..._...__...._..._..__..._._..._.._ $ 17,255,715

Capital Outlay __.-_..__...-..___.._...__..__..__..._.--_.. $ 2,172,000

Authority Lease Rentals ...,,_-...._..__..__.._._.__...._.$ 22,686,000

State of Georgia General

Obligation Debt Sinking Fund _...._,,__........$ 1,867,591

Total Funds Budgeted _..._...__.....,,_-__-.._-_.--$ 337,147,249

State Funds Budgeted .__.._.,,_..._-._..._..._-_..--$ 226,787,671

Total Positions Budgeted ...__,,.-.__........_.... ..._...$

15,279

MONDAY, JANUARY 19, 1976

191

Provided, that of the above appropriation relative to Capital Outlay, $150,000 is designated and committed for planning of a Cancer Research Center at the Medical College of Georgia.

Provided, that of the above appropriation relative to Capital Outlay, $500,000 is designated and committed to purchase equipment for the new Sydenstricker wing at Talmadge Memorial Hospital.

Provided, that from appropriated funds in A, the amount of $24,553,591 in P.Y. 1976 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.
Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.
Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the Univer sity System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitu tion. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.
Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution ap plicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate.
Provided, that revenue from student fees which ex ceeds the budget estimates of student fees by $2,000,000 shall not be available for operations; provided, further,

192

JOURNAL OP THE SENATE,

that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

2. Marine Resources Extension Center Budget:
Personal Services ,,_.,,_________._,,_________.___.________.__$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ___,,,,__,,,,,,_,,_$ Total Funds Budgeted .,,-_,,.._._,,..___....__....,,...$ State Funds Budgeted __._..,,__-..___-...__-.._.__..._._.$ Total Positions Budgeted

256,788
119,302 376,090 376,090
25

3. Skidaway Institute of Oceanography Budget:
Personal Services _____.-_._.._-__________-__.___._..____.,,_$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense _,,...__..._.-...__....__...___..__.$ Total Funds Budgeted .__...__-_..._..._.....__..._....$ State Funds Budgeted --.-- ,,_.-----$ Total Positions Budgeted

786,235
758,546 1,544,781
553,781 36

4. Engineering Experiment Station Budget:
Personal Services .._....__-.___..-__...__....-..-_-..._.....$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ..__....__...,,..___...-..._..._.$ Total Funds Budgeted -.,,_...._-,,__...._....__-_-.$ State Funds Budgeted .,,_____-___-_._.__.____._.__._,,.$ Total Positions Budgeted

6,760,140
2,226,001 8,986,141 2,253,441
201

5. Engineering Extension Division Budget:
Personal Services ,,.,,_______--__.,,.,,__._.____.___-_____.$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub-

749,000

MONDAY, JANUARY 19, 1976
lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense --..__.,,..._.,,.._..._...__...._.$ Total Funds Budgeted ......................$ State Funds Budgeted .___._____._______,,___,,_._____$ Total Positions Budgeted

193
355,262 1,104,262
392,807 66

6. Agricultural Experiment Stations Budget:
Personal Services ...... ............................$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ______.______.__,,_.__.,,_____,,_ $ Total Funds Budgeted ._-.-_.,,..,,.._.-.....,,..__.__.._.$ State Funds Budgeted -_-_.-_.._..-_..,,.__-.._.--...$ Total Positions Budgeted

9,898,976
4,986,338 14,885,314 9,293,593
833

Provided, that of the above appropriation relating to the Agriculture Experiment Stations, $250,000 is in tended to meet price increases in agricultural supplies, materials and equipment necessary for research and to improve scientist man year support.

7. Cooperative Extension Service Budget:
Personal Services ----...--..--.--.--......--.--......-.I Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense _._._,,__._,,__.___..___.._.__.__..$ Total Funds Budgeted _,,__._._,,___.__.._-_.._--_,,___._..._$ State Funds Budgeted ..,,..,,.__..-__.__.,,.__...__..? Total Positions Budgeted

14,304,624
2,048,012 16,352,636 8,196,636
936

Provided, that of the above appropriation relating to the Cooperative Extension Service, $120,000 is designated and committed for six specialist and three clerical positions and $100,000 is designated and commit ted for operational costs of the Cooperative Extension
Services.

8. Talmadge Memorial Hospital Budget: Personal Services ................. ...^ 16,438,267

194

JOURNAL OF THE SENATE,

Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense
Total Funds Budgeted ---..-.. State Funds Budgeted __-........
Total Positions Budgeted

5,269,487 21,707,754
9,870,300 1,873

Budget Unit Object Classes:
Personal Services --------.---------$ 274,460,315 Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ...__._...._.._._._..._._,,$ 83,662,606 Teachers' Retirement _-__________.__..-___._..__.._.$ 17,255,715 Capital Outlay ......_.._,,__.._.._,,_..__._.__..,,._.$ 2,172,000 Authority Lease Rentals _-_~..-_~..~..-.~.-.$ 22,686,000 State of Georgia General Obligation Debt Sinking Fund __._._..._....._-..__...---..$ 1,867,591

B. Budget Unit: Regents Central Office ......__......$ 6,926,735

Regents Central Office Budget:
Personal Services _..-_..-..-..._...._-.__..._..._..| Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ............--.......-..-.........I SREB Payments ._..._.._..._..............................I Medical Scholarships _._.-.-..............._..._.-._..$ Regents Scholarships ,,......,,......__._._.._.........$ Grants to Junior Colleges ._......_-__-__..--.-.$ Total Funds Budgeted _,,_____-._,,.--..__..-___,,__-.$ State Funds Budgeted __,,__,,__.__,,__.__.________._ $ Total Positions Budgeted

Budget Unit Object Classes:

Personal Services ----_-.__.----

..$

Regular Operating Expenses,

Travel, Motor Vehicle

Equipment Purchases, Pub

lications and Printing,

1,645,389
345,846 732,000 345,000 200,000 3,658,500 6,926,735 6,926,735
98
1,645,389

MONDAY, JANUARY 19, 1976

195

Per Diem and Fees, Equip ment Purchases, Computer Charges, and Other Contractual Expense ....................................I SREB Payments ._.........._...-...._-..__..__..._...___.,,_..$ Medical Scholarships ._.--.....,,__--_--......_.___..... $ Regents Scholarships - --...--_------..---.--..__..? Grants to Junior Colleges ----_--_________i_-___._..$

345,846 732,000 345,000 200,000 3,658,500

Section 35. Department of Revenue. Budget Unit: Department of Revenue ,,_____-__..__.$ 17,700,608

1. Executive Administration Budget:
Personal Services _,,__.___._._________._________,,___.__._____ $ County Tax Officials/Retirement
and FICA -_.-__.__.._.._..___._.._$ Regular Operating Expenses ,,..__-._...-__.._._.,,_.$ Travel .__..._._._,,.._...__....._.-_..-__......__...._..,,._,,,,_ $ Motor Vehicle Equipment Purchases ..,,_--_.$ Publications and Printing .._...,,........._...._....._...$ Equipment Purchases .____...,,____________.____..,,_____.$ Per Diem and Fees -____..-__-,,_-_-__-_.____.__-___,,.$ Computer Charges __,,____._...___.__,,______-...-_.___.--__._.$ Other Contractual Expense ...,,..__--_,,._.--__...$ Total Funds Budgeted _-..,,..__...--.__-...,,..._.......$ Indirect Computer Funding ..,,_..___..._._.._.,,..__.$ State Funds Budgeted ......_....._....__.,,,,._....__.._.$ Total Positions Budgeted

561,512
436,000 359,738
12,000 4,000 208,736 21,850 19,800 35,000 --0-- 1,658,636 25,000 1,633,636
36

2. Internal Administration Budget:
Personal Services _.__-..._,,..._...._,,._...,,.__.__.__..$ Regular Operating Expenses .__...._...__...-_......$ Travel _____________________ $ Motor Vehicle Equipment Purchases ....._-...__..$ Publications and Printing _.___.___-,,........ _.... $ Equipment Purchases ...__..._-..-,,....._-.__....-_..._.$ Per Diem and Fees .,,...-_....._..-...-...-....-.....,,...._.$ Computer Charges -.._.__....-_.....,,..._...-,,...-.,,..__..$ Other Contractual Expense -__......_.__...___.-.._.. $ Total Funds Budgeted ..._................-...._..._.......$ Indirect Computer Funding .-_,,..-....-_-...._....__.$ State Funds Budgeted _,,._________..___..____,,______.__-$ Total Positions Budgeted

762,023 609,753
1,500 --0--
3,000 24,000
1,000 54,300 --0-- 1,455,576 45,000 1,410,576
69

3. Property Tax Budget:
Personal Services .....,,.-...-...,,....,,....._....,,.........-.$ Regular Operating Expenses -_._____..___-_.___..__-$ Travel ...-_...._,,..._....-.-...,,....-__....--_,,-..-..__....-_....$ Motor Vehicle Equipment Purchases --.,,_.--$ Publications and Printing _______._..___.________._-.__.__$ Equipment Purchases .,,.....-_.--___.-.,,.--_.--.__.--.$ Per Diem and Fees .,,....___,,-_....._-...__...._,,...._.....$ Computer Charges _....__...-_....__...._-....__..._._....__-$ Other Contractual Expense ,,.._---__..-.._-..._--...$

711,871 31,487 44,600 9,200 99,000
2,775 51,000 553,000 --0--

196

JOURNAL OF THE SENATE,

Loans to Counties/Property Reevaluation ..--.._-..--.._....-,,_...,,...._._..._..... $
Grant to Counties/Appraisal Staff ._...__..._.,,.$ Intangible Tax Equalization Fund ---__.__,,--.$ Total Funds Budgeted ............................... $ Repayment of Loans to
Counties/Property Reevaluation .................^ Indirect Computer Funding ....,,,,__....__,,.._..__.$ State Funds Budgeted --.---------$ Total Positions Budgeted
In addition, there is hereby appropriated the amount of such repayment of county tax evaluation loans as may be made by such counties during the fiscal year in such amounts and for the purpose as originally appropriated but not to exceed $201,000 in F. Y. 1976. Such amount shall be available for further tax evaluation loans to counties.
Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intan gible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.
4. Sales Taxation Budget:
Personal Services ~._,,___~___.___.__~__ ..,,....$ Regular Operating Expenses ..........................^ Travel .............................. ^ Motor Vehicle Equipment Purchases _...._--_.$ Publications and Printing ..........................^ Equipment Purchases ....................................^ Per Diem and Fees ._--_-....,,--,,_-..._-._,,._._...-_.$ Computer Charges _,,___,,__,,____,,__._,,__.,,._,,_._,,$ Other Contractual Expense ,,..,,..,,...._-_._..._$ Total Funds Budgeted ..__-.._--_._.,,-.,,._._--,,$ Indirect Computer Funding _...,,._._._,,__.,,....$ State Funds Budgeted .....................................^ Total Positions Budgeted
5. Motor Fuel Taxation Budget:
Personal Services ................^..........................^ Regular Operating Expenses .--___..__..._--_,,.$ Travel ................................................... ........^ Motor Vehicle Equipment Purchases --,,--,,.$ Publications and Printing ................................$ Equipment Purchases ___.__--._------_----_--_--$ Per Diem and Fees ........................................^ Computer Charges .........................................^ Other Contractual Expense ........................^ Total Funds Budgeted ..............................S, Indirect Computer Funding ............................^ State Funds Budgeted ...................... ..^ Total Positions Budgeted

201,000 1,250,000
--0-- 2,953,933
201,000 650,000 2,102,933
58
741,233 72,400
4,000 --0--
53,600 4,300 --0-- 618,372 --0-- 1,493,905 545,000 948,905
73
373,661 9,584 2,000
--0-- 45,000 1,755
--0-- 95,000
--0-- 527,000 90,000 437,000
35

MONDAY, JANUARY 19, 1976

197

6. Income Taxation Budget:
Personal Services __--._.-.-...,,____..,,..._...__._._$ Regular Operating Expenses ,,...__..,,......,,..._.$ Travel ------.-__.__.____.___,,,,__$ Motor Vehicle Equipment Purchases .._...-...$ Publications and Printing ......_...__..,,__...__......_.$ Equipment Purchases .,,.-_...__.__._..,,.._...,,..._...._.$ Per Diem and Fees _.,,__.__.._........____._.__.._....$ Computer Charges ------.,,.._..._..._.__.__..._...,,....$ Other Contractual Expense _______,,_________,,____.$ Total Funds Budgeted ,,.-.._.._._._..,,.,,........,,...$ Indirect Computer Funding ............................I State Funds Budgeted -_-.._.._..._...._._.:,,..__..._...$ Total Positions Budgeted

1,270,793 167,248 3,507 --0-- 215,300 5,165 --0--
1,505,000 --0--
3,167,013 1,530,000 1,637,013
115

7. Alcohol and Tobacco Taxation Budget:
Personal Services ----------..-.._-._._....-...._..._...$ Regular Operating Expenses _..-,,.______--,,_..$ Travel .._-.-.,,....-.__...-.-.-.-.._..._.-.__._..__..._..._...,,._.$ Motor Vehicle Equipment Purchases ._--__.-_.$ Publications and Printing --..-_,,,,___...,,_,,_._..$ Equipment Purchases ______________________.._...__..._... $ Per Diem and Fees ,,--_---_.-_,,_____--_----____--__.$ Computer Charges -_----.---.-----.,,_--_-...-.._.,,_.$ Other Contractual Expense ,,,,_--__.___,,____-,,_$ Total Funds Budgeted _.._..__.._.._..__..._..._...._.__$ Indirect Computer Funding ._.._..'._.._,,.__..._...._$ State Funds Budgeted ._....-_..._.._..._...__...._...__..__$ Total Positions Budgeted

1,628,671 201,567 37,000 110,400 13,500 3,050 7,608 50,000 --0--
2,051,796 25,000
2,026,058 114

8. Motor Vehicle Registration Budget:
Personal Services ___.__.-_.___-_._._._.____.______._.___,,__ $ Regular Operating Expenses _.._,,.._ $ Travel -_-.-_--._-..-_-.- $ Motor Vehicle Equipment Purchases _.--,,.-- $ Publications and Printing .___..__-.,,..._..-__..__._ $ Equipment Purchases -----.._--_----..--------..--$ Per Diem and Fees .._..._-...-..._-._-..-_,,.._...-_....,,..$ Computer Charges .__..__.....,,.._-...._.._-_.._...._..---.? Other Contractual Expense _____.____.,,__--__.___,,_.$ Total Funds Budgeted .___..-.-._-..__-..__..,,-,,._..-.$ Indirect Computer Funding ,,..__..__...__,,....-__..$ State Funds Budgeted ----..___-_._._,,..,,.-__._ $ Total Positions Budgeted

1,683,704 272,635 5,212 --0-- 242,486 14,740 300
1,641,500 --0^
3,860,577 1,590,000 2,270,577
197

9. Central Audit Budget:
Personal Services __-..-_..__....__..___..-__.__..-__.._..-.$ Regular Operating Expenses ..._-.--__..___....--.._ $ Travel ._...__...-...-_-.._._-_-.._...__.-__,,__.--_-..----....$ Motor Vehicle Equipment Purchases --__--,,,,$ Publications and Printing ,,__.__._.,,__.,,__...__,,.._-..$ Equipment Purchases --_--._-----._-...----__.----.$ Per Diem and Fees _.....___...._-...__...-_....__..._._.-__.-.$ Computer Charges _,,_.____.____.._______.____.___._.______.-$

1,260,337 29,981 246,614 --0-- 3,000 4,400 1,000 3,000

198

JOURNAL OF THE SENATE,

Other Contractual Expense ..,,._..._...._..,,..._._..$ Total Funds Budgeted .-_...,,_.....__-..._-....___...._.$ State Funds Budgeted ..,,,,_...,,...-..$ Total Positions Budgeted

--0-- 1,548,332 1,548,332
78

10. Field Audit Services Budget:

Personal Services ___-.______.-.___-_,,_-._.._-_.._-._-__..$

Regular Operating Expenses __.--___,,__,,_____.___$

Travel

._..-- --.. $

Motor Vehicle Equipment Purchases ,,..,,--.-$

Publications and Printing _.__._.._.__.__.__.________..__.$

Equipment Purchases __.___._.___-._,,______._._._,,___.__.$

Per Diem and Fees _.____._,,__,____._____.,,__..___.________.$

Computer Charges _-.......-.--...--....--.--..._--_-.$

Other Contractual Expense __.__,,.___..__._..._._.___.$

Total Funds Budgeted .._.....,_...._...._.._.._....,,........$

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

Total Positions Budgeted

2,899,571 157,789 195,000 --0-- 8,918 12,300 2,000 8,000 --0--
3,283,578 3,283,578
245

11. Motor Vehicle Tag Purchases Budget:
Motor Vehicle Tag Purchases _..,,_..,,-,,....._..$ Motor Vehicle Decal Purchases .............._.....? Total Funds Budgeted ................ ......,,..$ State Funds Budgeted _-___._._._.__..-.__-_....-_....__...$ Total Positions Budgeted

77,250 324,750 402,000 402,000
0

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $87,250 is des ignated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion of at least 105,000 regular motor vehicle tags and 20,000 bicentennial tags.

Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal
year.

Budget Unit Object Classes:
Personal Services - -- ------.--.-------- -- County Tax Officials/Retirement and FICA Regular Operating Expenses ............._..., Travel ..._._.._........._.-._.._....__.._.....,,....-... Motor Vehicle Equipment Purchases ........ Publications and Printing ........._--...-._..-..Equipment Purchases ..--..---.--.------------- Per Diem and Fees .......-..,,..__.._.-__.--.--..-. Computer Charges ------.-.-- .--..----.--..--.-- Other Contractual Expense _.-_...-..._....... Loans to Counties/Property
Reevaluation _---.----------------. -- ----

11,893,376 436,000
1,912,182 551,433 123,600 892,540 94,335 82,708
4,563,172
201,000

MONDAY, JANUARY 19, 1976

199

Grants to Counties/Appraisal Staff ............$ Motor Vehicle Tag Purchases ........................$ Intangible Tax Equalization Fund ................$

1,250,000 402,000 --0--

Section 36. Secretary of State.

A. Budget Unit: Secretary of State ................. ^.$ 5,773,690

1. Occupational Certification Budget:
Personal Services ........._....._..,,__..-...__._.........$ Regular Operating Expenses _..__..___.._..__.___.___.$ Travel ...._...,,._......._,,.........._...._....._.._...........$ Motor Vehicle Equipment Purchases ............$ Publications and Printing ...... .......................-$ Equipment Purchases ........................................$ Per Diem and Fees ..........................................^ Computer Charges .......................................$ Other Contractual Expense .,,....,,._.....-,,.........$ Total Funds Budgeted ..........................J^ State Funds Budgeted ..-.......-_._.,,....,,...$ Total Positions Budgeted

1,206,471 306,892 96,004 --0-- 19,968 9,500 140,838 15,000 --0--
1,794,673 1,794,673
113

2. Securities Regulation Budget:
Personal Services ...............................................^ Regular Operating Expenses -..--...--_------.--$ Travel ........................................$ Motor Vehicle Equipment Purchases ..... ......$ Publications and Printing _.__.,,_..___._.___.___..__.$ Equipment Purchases ....................................^ Per Diem and Fees ..........................................$ Computer Charges ................ ....................-.....$ Other Contractual Expense ............................$ Total Funds Budgeted ......_......._._..__.........$ State Funds Budgeted _.._.........__......_......._.$ Total Positions Budgeted
3. Corporations Regulation Budget:
Personal Services ............................................^ Regular Operating Expenses -...._.._--. --.....$ Travel .................-.............-.......................,,..........$ Motor Vehicle Equipment Purchases .._......,,.$ Publications and Printing .......... ............$ Equipment Purchases ...................................$ Per Diem and Fees ...................................^ Computer Charges .................................^ Other Contractual Expense ..............................$ Total Funds Budgeted ......................................$ State Funds Budgeted ......................................^ Total Positions Budgeted
4. Pharmacy Regulation Budget:
Personal Services .._..-..,,....-_....,,-....-._......-.._...._-.$ Regular Operating Expenses _._.-.._.--_.--.,,,,.__$

208,666 9,455 13,330
--Q--- 1,932 1,529
--0-- --0-- --0-- 234,912 234,912
14
204,409 17,987
387 --0--
2,900 1,434 --0-- --0-- 30,000 257,117 257,117
20
206,204 5,564

200

JOURNAL OP THE SENATE,

Travel -.-------.-----$ Motor Vehicle Equipment Purchases _._____.,,__$ Publications and Printing .._.__....._...__..........._...$ Equipment Purchases ----------. -- ----_------ $ Per Diem and Fees --.--_--.--___--_,,._-.----_._--.._ $ Computer Charges ................. ..^ Other Contractual Expense ___,,___-__-__,,-__..--___-$ Total Funds Budgeted ...................................4 State Funds Budgeted ...................................^
Total Positions Budgeted

38,835 --0--
194 --0-- --0-- --0-- --0-- 250,797 250,797
12

5. Archives and Records Budget:
Personal Services .... ..-..,,.....,,.$ Regular Operating Expenses ..........................% Travel _..-_.-..$ Motor Vehicle Equipment Purchases _.________.$ Publications and Printing _...__..___._._____-__._.-.__-.$ Equipment Purchases -,,----__..----_--_.--__------.$ Per Diem and Fees ..........................................-^, Computer Charges ............................ .^ Other Contractual Expense .-..__-._,,..-._..--..-- $ Authority Lease Rentals .__..._____._,,__._____.____.__._____$ Total Funds Budgeted .......................................^ State Funds Budgeted .--...-.-...$ Total Positions Budgeted

1,070,294 92,625 6,763
--0-- 9,223 1,662
--0-- --0-- --0-- 815,000 1,995,567 1,995,567
88

6. General Services Budget:
Personal Services -----.--.-- ..,,-..$ Regular Operating Expenses ............................^ Travel ................. ..^ Motor Vehicle Equipment Purchases __-------.$ Publications and Printing .._..._._...._...._._........_..$ Equipment Purchases ....................................--.i Per Diem and Fees .............................................^ Computer Charges .............................. ^ Other Contractual Expense ..............................% Total Funds Budgeted _.__..______...__...____..___..__..__.$ State Funds Budgeted ........................................$ Total Positions Budgeted

422,666 51,760 5,216
--O1-- 27,830 6,067 1,933
--0-- --0-- 515,472 513,271
34

7. Internal Administration Budget:
Personal Services .......................... ..^ Regular Operating Expenses ,,_..,,-_..--..,,...._._..$ Travel ..,,..._..,,___,,..............._._.._. ,,...,,.__,,,,,,.,,,,._.$ Motor Vehicle Equipment Purchases ._......_.,,..$ Publications and Printing ,,_._...__....__....__...___.$ Equipment Purchases ................^.......... ...^ Per Diem and Fees ._--_-......_-....__-.....__...._._.,,.._.$ Computer Charges ...-...--................................^ Other Contractual Expense .__-..-.__...._._._.__.....$ Total Funds Budgeted ......................................$ State Funds Budgeted .....................................^ Total Positions Budgeted

404,594 48,151
5,917 --fr--
67,344 3,867
--0-- --0-- --0-- 529,873 529,873
29

MONDAY, JANUARY 19, 1976

201

8. Bicentennial Commission Budget:
Personal Services ._...__..._._._.__.__.__...._..._...$ Regular Operating Expenses -_---------.-_..._--.._$ Travel ....... ...... _.-..._..._..._$ Motor Vehicle Equipment Purchases __-.___..___.$ Publications and Printing ...... _.._...........$ Equipment Purchases ._--_------_.--__--_----_-.$ Per Diem and Fees .,,..-.---------- .....$ Computer Charges .__.-___-..__...__--_--.__.-.-__.--_--.-_,,$ Other Contractual Expense _--,,--,,--,,-_,,_.--$ Total Funds Budgeted ....___.._...___..-.._......______...-$ State Funds Budgeted _.,,-......._..._..._,,_..._-._._...,,$ Total Positions Budgeted

9. State Ethics Commission:

Personal Services ._..--...._. -......_.__-.__.$

Regular Operating Expenses ..._.._._._...__$

Travel ...-........_._._.-_.._....___...__._...._$

Motor Vehicle Equipment Purchases __..__-..-_.$

Publications and Printing .....___.__._.....$

Equipment Purchases _--.-----.-.-----...-.._--.._...$

Per Diem and Fees -...._...-_-____..__..-__......_,,.._...__.$

Computer Charges ,,_..____..__.____.___..___._._....,,_...$

Other Contractual Expense ..-__--__---._.-.--..--_.$

Total Funds Budgeted .._--..-_..,,...-_-..-..._.._...._.$

State Funds Budgeted ---.-._......_...$

Total Positions Budgeted

'

73,939 391,716
8,000 --0---
13,200 1,300 3,000 --0-- --0-- 491,155 176,155
5
35,659 7,185 4,365
--0-- 3,660 6,676 3,780
--0-- --0--
61,325 21,325
3

Budget Unit Object Classes:
Personal Services .--._-._...._.__._...$ Regular Operating Expenses .._............._...__..___.$ Travel ..................................................................I Motor Vehicle Equipment Purchases -..--.--_.$ Publications and Printing .__.._...__........._..__..__..$ Equipment Purchases ----.----,,.---_._--... ..__.._$ Per Diem and Fees .-...._...,,..--...-..,,........-..._..._.$ Computer Charges .-__-__..-...__..._....._...__..._.,,....$ Other Contractual Expense __..._..._,,......_.._....___.$ Authority Lease Rentals ----_.._-..--..._.......-_...___.$

3,832,902 931,335 178,817 --0-- 146,251 32,035 149,551 --0-- 30,000 815,000

Provided, that of the above appropriation relating to the Secretary of State, $30,000 of the amount budgeted to the object class Other Contractual Expense in the Corporations Regulation Budget is designated and com mitted for legal fees for dissolution of defunct corpora tions.

B. Budget Unit: State Building Administrative Board .._.
State Building Administrative Board Budget:
Personal Services _.____.____,,__.___,,____________________.. Regular Operating Expenses --.._..--..--..-.._.. Travel ..._.._...._..._.......__...._.._........._...___...............

94,665
69,388 10,063 4,217

02

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases _...--.._.$ Publications and Printing _...._.,,...._...._.......,,$ Equipment Purchases _..---_--.__-.--._--.-.-...-$ Per Diem and Fees ..._......-.._.._........._..-......_..$ Computer Charges ,,....--,,--.--..--................ ._...$ Other Contractual Expense .,,--------,,--,,-..$ Total Funds Budgeted ...,,...,,.........,,..._.-..,,.......$ State Funds Budgeted _..--.._-._.....,,..._-.,,-..-$ Total Positions Budgeted

--0-- 4,781 2,869 3,347
--0-- --0--
94,665 94,665
6

Budget Unit Object Classes:
Personal Services ............................................I Regular Operating Expenses ...................._..$ Travel -..---.-.-_------------.-$ Motor Vehicle Equipment Purchases ...--...--$ Publications and Printing .,,_,,....,,..-.-.._,,.__..-.$ Equipment Purchases _._,,-___--.,,.-__--_----,,.__--.$ Per Diem and Fees ._-..-..._........,,..._........_-._._..$ Computer Charges ...--..,,....._--..--_.--_,,--,,---$ Other Contractual Expense ........--.....--.,,_.....$

69,388 10,063 4,217 --0-- 4,781 2,869 3,347 --0-- --0--

Section 37. State Scholarship Commission.

Budget Unit: State Scholarship Commission ......................................................I 9,715,396

1. Internal Administration Activity Budget:
Personal Services .._...,,...-_...._...._-....-_...._....-....__..$ Regular Operating Expenses __.._,,..._-.._-..._.,,..$ Travel ........................... ^ Motor Vehicle Equipment Purchases .._..,,..._.$ Publications and Printing ...-.........-..,,.....-..._..$ Equipment Purchases ....._.._..__..._-....--__..,,_......$ Per Diem and Fees .___,,__.,,_,,________._.,,._-__._..._--_-$ Computer Charges ._,,_-_._..,,..-.-_,,-$ Other Contractual Expense __-___,,_,,__--_----_-$ Total Funds Budgeted ...-..._...._..._-..._-..._-.._-_ $ State Funds Budgeted ..........................-..._........ $ Total Positions Budgeted

574,031 130,488 22,347 --0--
6,778 2,300 7,484 230,000 --0-- 973,428 642,957
48

2. Higher Education Assistance Corporation Budget:
Payment of Interest -_....-....-...._...._....__..._...__..._.$ Total Funds Budgeted .-...__..._-.-._-.-__................$ State Funds Budgeted ..-......-_..__..,,_..,,_-..,,..._-_..$ Total Positions Budgeted

214,000 214,000 --0--
0

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans .__...,,..._....-..._...._.._..$ Tuition Equalization Grants ,,..__...__..._...,,.......$ State Student Incentive Scholarships _...._...__.$

2,155,500 6,024,939 1,280,000

MONDAY, JANUARY 19, 1976

203

Total Funds Budgeted ....._ State Funds Budgeted Total Positions Budgeted

9,460,439 9,060,439
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships _--,,.--_,,--____._..$
Total Funds Budgeted .__._.-___-.---......._-__..._._-..$ State Funds Budgeted _.-___,,._,,_,,._...__.$ Total Positions Budgeted

12,000 12,000 12,000
0

Budget Unit Object Classes:
Personal Services ____..__--___._._.___,,.____.______.___.___$ Regular Operating Expenses ~--. ._.-,,---_,,_..$ Travel ___._.______._.__._...__.....__$ Motor Vehicle Equipment Purchases _______--__$ Publications and Printing ....._.....__...__......_......$ Equipment Purchases -___,,-.--.,,_,,___--.,,_.--___,,___.$ Per Diem and Fees ___-_..-.______,,__.,,____,,_.$ Computer Charges ._,,_______,,____._._________$ Other Contractual Expense ..,,-------__,,...__..--$ Payment of Interest .........................................I Direct Guaranteed Loans _,,_____.._,,_,,,,._.$ Tuition Equalization Grants --_._...----..___.....__.$ State Student Incentive Scholarships ----_-..,,.$ Law Enforcement Personnel
Dependents Scholarships .....____..___....__....____.$

574,031 130,488 22,347 --0--
6,778 2,300 7,484 230,000 --0^-- 214,000 2,155,500 6,024,939 1,280,000
12,000

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the pur pose of providing stipends for training recruitment and counselor personnel in health career fields.

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not less than $1,224,000 is designated and committed for the purpose of providing loans under the guaranteed student loan program to students in paramedical, professional and educational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of em ployment approved by the Scholarship Commission as provided for in Ga. Laws 1965, p. 210, as amended.

Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $12,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

204

JOURNAL OF THE SENATE,

Provided, that from the above appropriation $6,024,939 is designated and committed to provide $500 Tuition Equalization Grants to Freshmen, and $400 Tuition Equalization Grants to Sophomores, Juniors and Seniors attending private colleges as provided in Ga. L. 1971, p. 906, as amended.

Provided, that the above appropriated amount rela tive to Student Incentive Scholarships is designated and committed solely for the purpose of providing needsbased scholarships to first-year and to second-year undergraduate students as provided by applicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for sum mer term study in institutions of higher education, nor to students for summer period study in other post-second ary educational institutions unless summer period study is part of the typical academic year of such institution.

Section 38. Soil and Water Conservation Committee.

Budget Unit: Soil and Water Conservation Committee ...--..---...--...--...--..$

421,978

Soil and Water Conservation Committeee Budget:
Personal Services _....__..._-..__.....-.._-..._-..-_.._.$ Regular Operating Expenses .....................$ Travel ----------$ Motor Vehicle Equipment Purchases ------$ Publications and Printing ------,,--___--.$ Equipment Purchases --------------.----~~--- $ Per Diem and Fees -.-------- -- ---$ Computer Charges ................................. ....^f Other Contractual Expense ................. ^ Total Funds Budgeted .................... ^ State Funds Budgeted .............. ^ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services -- -- -- -----------$ Regular Operating Expenses --------------$ Travel -------------------------$ Motor Vehicle Equipment Purchases ,,..._.--$ Publications and Printing ..................... ..^

159,181 44,703 25,400 --0--
3,355 600
98,630 --0--
90,109 421,978 421,978
11
159,181 44,703 25,400
--0-- 3,355

MONDAY, JANUARY 19, 1976

205

Equipment Purchases -...,,-._--.--.--,,....___........$ Per Diem and Fees ----------_--..--------.,,_-..$ Computer Charges -...--._..__.._..._.......__._...._._.$ Other Contractual Expense ----..--.--_-...--.--.$

600 98,630 --0--
90,109

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.--? 1,965,265

Departmental Operations Budget:
Personal Services ..............-.,,..._.,,___...__,,_._.,,$ Regular Operating Expenses ..........................I Travel .-_.-_. .__-_-..-.._.___._.__..____.__..____$ Motor Vehicle Equipment Purchases --.,,..,,..$ Publications and Printing ................................I Equipment Purchases ,,_.-,,-_--__._--__----_,,--,,_.$ Per Diem and Fees ....-.._......,,__..-_.._._,,_,,._.$ Computer Charges .-..,,.-.--.--.----.--..__,,.--.,,.$ Other 'Contractual Expense ----_._--_.___-____--.$ Employer Contributions _____.____.__.._____.$ Floor Fund for Local Retirement Systems ._.$ Total Funds Budgeted -_________,,_.____,,____.__.$ State Funds Budgeted -.___..__._-___,,_--_...________,,$ Total Positions Budgeted

504,532 47,390 16,000 --fr-- 12,000 6,123 63,250 175,000 --0-- 985,000 980,265 2,789,560 1,965,265
40

Budget Unit Object Classes:
Personal Services .._..._............._,,._..._..._....__..__._$ Regular Operating Expenses -,,.---._--__-_..,,,,$ Travel ..._.-..,,..,,_.._,,..__.,,.._..__.-.___.____.._.$ Motor Vehicle Equipment Purchases ._--_---$ Publications and Printing __.,,.-,,_.-_..__.._,,..$ Equipment Purchases ._--__------___..__-_--_--,,-__$ Per Diem and Fees ..,,....,,__.__..._...__..--.__...-_...$ Computer Charges ._._-,,___-_--._--.--.--_-_--_.$ Other Contractual Expense _,,--_-_..__--,,.----,,$ Employer Contributions .-_..-.-.-_.____--____..___._ $ Floor Fund for Local Retirement Systems ..._.$

504,532 47,390 16,000 --0-- 12,000 6,123 63,250 175,000 --Q-- 985,000 980,265

Provided, that of the above appropriation relative to Employer Contributions, $525,000 is designated and com mitted for raising to 1.76 the percentage to be used in making the calculations described in Section 2 of S. B. 102 of the 1975 Regular Session of the Georgia General Assembly.
Provided, that of the above appropriation relative to Employer Contributions, $460,000 is designated and committed for reducing the service requirement for voluntary retirement to 30 years as described in Sections 1 and 3 of S. B. 102 of the 1975 Regular Session of the Georgia General Assembly.
Section 40. Department of Transportation.
Budget Unit: Department of Transportation ,,_.$ 247,380,167.16

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1. Planning and Construction Budget:

Personal Services --------------------------$ 51,732,968.00

Regular Operating Expenses ----------------$ 4,852,874.00

Travel .- ------ - ----- 4 1,882,650.00

Motor Vehicle Equipment Purchases __--_----$ --0--

Publications and Printing .._....._...._...._..._._...,,..$ 197,066.00

Equipment Purchases ------------------------$ 140,200.00

Per Diem and Fees .._-...-..___...-__...._..._...__-.._- $ 470,000.00

Computer Charges -------------------------$ --0--

Other Contractual Expense ----------------$ 5,475,854.00

Capital Outlay ----- ---------$ 190,187,657.11

State of Georgia General Obligation

Debt Sinking Fund ---------------------$ 8,000,000.00

Total Funds Budgeted .....-__.....$ 262,939,269.11

State Funds Budgeted ----------------------$ 104,736,624.00

Total Positions Budgeted

3,597

2. Maintenance and Betterments Budget:
Personal Services --------------------$ Regular Operating Expenses ..-...-_...._-.._-..._...$ Travel -----------------------$ Motor Vehicle Equipment Purchases .------..$ Publications and Printing ----------------------$ Equipment Purchases ...-.._----..-,,.-.,,.-._--__--.$ Per Diem and Fees ---------------------------$ Computer Charges ------------------------$ Other Contractual Expense ------------------$ Capital Outlay --------------------------$ General Obligation Bonds --------------------$ Total Funds Budgeted ,,.-----...------.-.$ State Funds Budgeted ------------..-----.--.$ Total Positions Budgeted

31,674,560 20,604,337
450,600 --0--
12,184 --0-- -- 0-- --0'-- 900,000 19,876,977 1,200,000 74,718,658 74,718,658
3,546

3. Authorities Budget:
Authority Lease Rentals ..__ --------------------$ State of Georgia General Obligation
Debt Sinking Fund -------------------------$ Total Funds Budgeted --------------------.---- $ State Funds Budgeted ------------------------$

27,408,889
5,582,775 32,991,664 32,991,664

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases _.___..._..$ Equipment Purchases ----------------------$ Capital Outlay ___.___._________.__.____.__,,._-___.._______._.$ Total Funds Budgeted -.----.----------..---- $ State Funds Budgeted .------ --------------$

2,372,471 1,542,059
437,000 4,351,530 3,800,000

5. Assistance to Counties Budget:
Grants to Counties ---------------------------$ Total Funds Budgeted .----------------------$ State Funds Budgeted --------------------------$ 6. Toll-ways Facilities Budget: Personal Services ----------------.----$

9,317,013 9,317,013 9,317,013
132,837

MONDAY, JANUARY 19, 1976
Regular Operating Expenses -.---..--.----.....-..I Travel ..._.._....._..,,......,,......._...__.._....,,._....,,..$ Motor Vehicle Equipment Purchases ....-.......$ Publications and Printing ._,,__,,--__--__,,________$ Equipment Purchases .....------...-_--___.----_.. $ Per Diem and Fees -.-------_.....--..._.--.........,,.$ Computer Charges ...,,--.----.-...-......--..--_.,,,,..$ Other Contractual Expense ____--_..-_..:--._.,,..$ Total Funds Budgeted -........._..............._..-.._..$ State Funds Budgeted ......................................I Total Positions Budgeted

207
71,639 15,000 --0-- 15,000
--0--
234,476 234,476
8

7. Administration Budget:

Personal Services ..............................................I
Regular Operating Expenses .,,._.__._._.___..__.__.$ Travel ..................................................................I Motor Vehicle Equipment Purchases ......_.--$ Publications and Printing ...............................I Equipment Purchases --._---..--------._.--...----$ Per Diem and Fees .........,,.....-..._-...,,.._....,,......$ Computer Charges ....__.._.._-..------ ........... $ Other Contractual Expense ..........................I Total Funds Budgeted .-...,,._......._._...-.._..,,._,,$ State Funds Budgeted ......_........-..-..........._..._$ Total Positions Budgeted

5,723,031.16
2,558,581.00 323,678.00 --0-- 424,475.00 --ft-- 61,200.00
1,389,863.00 165,200.00
10,646,028.16 10,646,028.16
321

Appropriation of State funds in the foregoing Department of Transportation budgets shall be in con formity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the imme diately preceding year, less the amount of refunds, re bate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the imme diately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.

Provided, however, that objects for Activities fi nanced by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, Tollways Facilities and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.

208

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For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.
For lease rental obligations of the Department of Transportation to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appro priated for new authority lease rentals to permit the issuance of bonds to finance new projects.

For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Gov ernment, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto pro vided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and sub stitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenue actually paid into the Fiscal Division of the Department of Admin istrative Services and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion. Provided, that in the event that lease rental obliga tions shall be less than the amount provided in the Bud get Report, such excess amount may be used and is herein specifically appropriated to the "State of Georgia Gen-

MONDAY, JANUARY 19, 1976

209

eral Obligation Debt Sinking Fund" for the specific pur pose of paying annual debt service requirements on new General Obligation debt in an amount not to exceed $30,000,000 in principal amount to finance a new pro gram for the construction or reconstruction of public roads and bridges.

For grants to counties for aid in county road con struction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Administrative Services as provided by law.

For the appropriation of $8,000,000 for the State of Georgia General Obligation Debt Sinking Fund for annual debt service requirements on General Obligation Debt to finance an amount not to exceed $100,000,000 in principal amount for a new program for advance con struction of interstate highway systems. This appropria tion shall be from funds other than the motor fuel tax.

For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the pro portion of each county's total public road mileage is to the total public road mileage in the State, as such mile age information is furnished by the Department of Transportation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the request of the Governor or Office of Planning and Budget or the Director of the Department of Transporta tion, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

Planning and Construction General Obligation Bond Debt Service for Advance Construction of the Interstate System ,,,.___...__..-__...,,_..._.... Geodetic Control -..,,_,,....--_...,,_..._,,.--_--__.
Maintenance and Betterments Resurfacing ____._________-____.,,_____._.___..____._,,.___.--__,,_$

8,000,000 380,000
12,000,000

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This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria tions of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution.

Provided, further, that the Department of Trans portation is authorized and directed to transfer to Per sonal Services from other object classes such funds as are required to fund the cost-of-living adjustment con templated in this Act, subject only to approval by the Office of Planning and Budget prior to the effective date of the pay increase authorized in Section 44.

8. Assistance to Municipalities Budget:
Grants to Municipalities ...............................$ Total Funds Budgeted .................................^ State Funds Budgeted ............................ .....^
For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. L. 1965, p. 458), as amended.
Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.
Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.
9. Air Transportation Budget:
Personal Services ...,,-...-_...--......_..._._.._......$ Regular Operating Expenses .........................^ Travel ............................................... ^ Motor Vehicle Equipment Purchases ........... i Publications and Printing --.--..--.....-------.-.$ Equipment Purchases .....................................^ Per Diem and Fees ........................................... ^ Computer Charges ............................................$ Other Contractual Expense ............................^ Total Funds Budgeted .....................................^

9,317,000 9,317,000 9,317,000
307,040 305,500
7,000 28,000
500 8,500 1,000 --0-- --0-- 657,540

MONDAY, JANUARY 19, 1976

211

State Funds Budgeted ,,..._......._..._._....__..__,,...__.$ Total Positions Budgeted

432,540 18

10. Inter-Modal Transfer Facilities Budget:
Personal Services ................... ..^..$ Regular Operating Expenses ..............$ Travel _......,,..-._...$ Motor Vehicle Equipment Purchases _...._._...$ Publications and Printing .............._...____..........$ Equipment Purchases __.__.___._____.___.J,.--.__--_,,,,_.$ Per Diem and Fees ....._.,,___._.-,,_,,....._...._._..__.._.-.$ Computer Charges --..._...._..._..__.,,____...._.....__......$ Other Contractual Expense _....._._..._.......__......$ Capital Outlay ....................... ^ Mass Transit Grants ....__......._..........................$ Total Funds Budgeted ...._...__..._......_...._......._..$ State Funds Budgeted ........____....__....__.....__.....$ Total Positions Budgeted

195,815
17,449 15,000 --0-- 12,700 5,200 --0-- --0-- 100,000 --0-- 410,000
756,164 756,164
15

11. Harbor Maintenance Budget:
Harbor Maintenance Payments -.._--_.--..-_..$ Total Funds Budgeted __...._.............___.___,,..___...$ State Funds Budgeted ..--_...__.__..-___.,,._._._-_.......$

430,000 430,000 430,000

Budget Unit Object Classes:

Personal Services ..........._.._____.___._.____..____..____..__$ 89,766,251.16

Regular Operating Expenses ..._.....__..._.........$ 28,410,380.00

Travel .,,- ............,$ 2,693,928.00

Motor Vehicle Equipment Purchases .._.._..._..$ 2,400,471.00

Publications and Printing ....__..._......_...._._.._._..$ 661,925.00

Equipment Purchases .

..... $ 1,695,959.00

Per Diem and Fees ......... $ 532,200.00

Computer Charges ....___....._._._..._.._...._...._.........$ 1,389,863.00

Other Contractual Expense _.........._._..._. ......$ 6,641,054.00

Capital Outlay

......

$ 210,501,634.11

Mass Transit Grants

.... $ 410,000.00

Grants to Municipalities --.._.. ...._._...._._._...... $ 9,317,000.00

Harbor Maintenance Payments ......... $ 430,000.00

Grants to Counties ....__-..._....._._.,,._....___...........$ 9,317,013.00

Authority Lease Rentals ....._..._..__._............_..$ 27,408,889.00

State of Georgia General

Obligation Debt Sinking Fund ...._...._...._.... $ 14,782,775.00

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.

Provided, that the Department of Transportation is authorized to retain such portion of its Air Trans portation service income as is required to maintain and upgrade the quality of its equipment.

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Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 12-%% of an individual air port project when matching both FAA and Local Funds, and 50% of an individual airport project when match ing Local Funds only with no Federal Fund participa tion. Provided, further, that the Department of Trans portation is authorized to utilize State Airport Develop ment Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.

Provided, that the entire amount of the above alloca tion for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.

Section..41. Department of Veterans Service.

Budget Unit: Department of Veterans Service ---------.-----$ 6,242,270

1. Veterans Assistance Budget:
Personal Services __..___.-_,,_._...,,_-..._,,.........$ Regular Operating Expenses --_-___--___..--___,,--.$ Travel _._,,_,,_____ _._.^__.__. _,,___._.,,.__..,,..,,-..$ Motor Vehicle Equipment Purchases --..----.$ Publications and Printing ____________._____,,__.__.__.$ Equipment Purchases ----__--.._.--.-.--_..-..-.--_.$ Per Diem and Fees --.,,--._.._________,,-___._,,-.-$ Computer Charges .......,,___,,..--__.----_,,.--.._.$ Other Contractual Expense ----..----_..--.-,,..$ Grants to Confederate Widows _____________________ $ Total Funds Budgeted _.._._......._._-.......,,._.......$ State Funds Budgeted _____.____.__,,,,_____..._______..__$ Total Positions Budgeted

1,856,864 158,967 65,800 --0-- 22,000 7,800 8,800 385 --0-- 17,186
2,137,802 1,888,821
171

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Operating Expenses/Payments to Central State Hospital ......,,,,........,,_.......__.$
Other Contractual Expense _,,--.,,--_.--.----..$ Total Funds Budgeted ..-__-,,--...._---...,,-...-_$ State Funds Budgeted .,,_._._._____._,,__.__.,,$

4,386,565 --0--
4,386,565 3,000,295

3. Veterans Nursing Home-- Augusta Budget:
Operating Expense/Payments to Medical College of Georgia _--.,,._.,,_,,...__-_..$
Other Contractual Expense --_._----_._,,----_$ Total Funds Budgeted __-.--______--_____.,,--___,,_.__.$ State Funds Budgeted ____.________._____._,,_______,,$

1,737,454 --0--
1,737,454 1,353,154

MONDAY, JANUARY 19, 1976

213

Budget Unit Object Classes:
Personal Services ----,,---,,_----___--____--___--_.__.$ Regular Operating Expenses --.--.__-.--.._._....$ Travel .......___..._._.._..$ Motor Vehicle Equipment Purchases .__.--____$ Publications and Printing -...._,,._..__,,._.__..__.__.__..$ Equipment Purchases --,,..--....--__,,_..____,,.__.___.$ Per Diem and Fees ..... ....._......__.._...._$ Computer Charges ----...---._.__ .._..,,..._._...$ Other Contractual Expense .___,,..___._______,,_____.$ Grants to Confederate Widows ,,..._..,,..___.....___.$ Operating Expense/Payments to
Central State Hospital __._____________._______,,___._.$ Operating Expense/Payments to
Medical College of Georgia ....____.....__.....___.$

1,856,864 158,967 65,800 --0-- 22,000 7.8001 8,800 385 --0-- 17,186
4,386,565
1,737,454

Provided, that of the above appropriation, $29,520 is designated and committed to furnish and equip nine day rooms in the Cabiness Building at Central State Hospital.

Section. 42. Workmen's Compensation Board.

Budget Unit: Workmen's Compensation Board ....... _..... ...._....._.____.._.......$

1. Workmen's Compensation Administration Budget:
Personal Services --.......--..........--.....................I Regular Operating Expenses -__.--__-_----___--.__$ Travel ----,,--...$ Motor Vehicle Equipment Purchases __,,__.--_.$ Publications and Printing .._.___..,,_._...._.,,...___._..$ Equipment Purchases ...._,,..___........ $ Per Diem and Fees ... ..........$ Computer Charges .__..-_-._.._._--_._,,.__.____.__.____.__.$ Other Contractual Expense ............-_-,,_.$ Total Funds Budgeted ...,..........$ State Funds Budgeted ....................................... $ Total Positions Budgeted

2. Vocational Rehabilitation Budget:

Personal Services

......$

Regular Operating Expenses ..........................I

Travel .._-.-__,,.-_....._._...-_.....-.._...-___-..,,...,,..._...$

Motor Vehicle Equipment Purchases .....,,.....$

Publications and Printing ................................I

Equipment Purchases ___.___._______._._.____,,.__.___.._.._$

Per Diem and Fees ---.----...----..,,--..----.,,,,,,..$

Computer Charges .-.__.......__.-.__.,,.-_..._--._.._,,___.$

Other Contractual Expense --....--.....--.....--..$

Total Funds Budgeted ______._.___,,.._____-..___....__.$

State Funds Budgeted ._....-......_-._........_......_...$

Total Positions Budgeted

2,028,687
1,366,358 223,365 18,000 --0-- 13,000 39,012 82,050 160,000 --0--
1,901,785 1,901,785
93
103,462 4,440 8,000
--0-- 5,000 6,000
--O1-- --0-- --0-- 126,902 126,902
10

214

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Budget Unit Object Classes:
Personal Services ,,--,,----,,_,,._$ Regular Operating Expenses ..._..._.__...____...__.$ Travel _._________..___.______.___._.__._,,..__._,,____.__,,,,___.._____....$ Motor Vehicle Equipment Purchases _.,,.._...._.$ Publications and Printing _____.____...___.,,____,,______$ Equipment Purchases ..-__-.-_.....__...__.__...__..._.$ Per Diem and Fees ,,.,,___,,_.,,... ....$ Computer Charges ,,_._..._....____,,.._..._._..,,_...._._,,.$ Other Contractual Expense ______._____.___.__.___.___$
Section 43. 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 col lected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.
Section 43-A. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by lOO'/r Federal funds.
Section 44. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropri ated for the fiscal year beginning July 1, 1975, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.

1,469,820 227,805 26,000 --0-- 18,000 45,012 82,050 160,000 --0--

MONDAY, JANUARY 19, 1976

15

Section 45. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Gov ernor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1975 session, except as otherwise specified in this Act; pro vided, 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 out lay funds beyond fiscal year 1976, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from 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, com mission, institution or other agency of this State are in violation of this Section or in violation of any amend ments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expendi tures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Gov ernment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same man ner and under the same conditions provided hereinbefore for transfers.
Section 46. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall super sede the object classification shown in the Budget Report for F.Y. 1976 submitted to the 1975 Georgia General Assembly.
Section 47. The Director of the Budget shall deter mine the appropriations contained in this Act to which the Federal Revenue Sharing Funds contemplated in this Act shall apply. It is the intent of this General Assembly, however, that to the greatest extent feasible, such Federal Revenue Sharing Funds be applied to capital outlay and other items of a nonrecurring nature.
Section 48. The Office of Planning and Budget is hereby directed to economize wherever possible and in

216

JOURNAL OF THE SENATE,

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

Section 49. It is the intent of the General Assembly that the State underfunding of the budget units for which appropriations are herein contained shall be applied to the activity budgets by the Office of Planning and Budget to the following object classes only:
Personal Services Regular Operating Expense Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Per Diem and Fees Computer Charges Other Contractual Expense

TOTAL APPROPRIATIONS F.Y. 1976 .___..___..____..-_...-__..__-.-..__-..._._-___-.._._...$l,787,988,075.54.

Section 50. The State Auditor and other fiscal officers of the State are hereby authorized and directed to increase the Working Reserve for High and Low Income Periods by $8,061,350.87 by appropriate trans fers from the State surplus.

Section 51. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 52. All laws and parts of laws in conflict with this Act are hereby repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. Any Part, Section, or Subsection of an Act providing appropriations for the fiscal year 1975-76 known as the "General Ap propriations Act", approved April 25, 1975 (Ga. Laws 1975, p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734), which is inconsistent with this Act is hereby repealed.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Senators Holloway of the 12th, Broun of the 46th, Riley of the 1st, Doss of the 52nd, Gillis of the 20th and Kennedy of the 4th offered the following amendment:

MONDAY, JANUARY 19, 1976

217

Amend the committee substitute to HB 1227 by striking the figure "$7,709,061" from line 1 on page 2 and inserting in lieu thereof the figure "$7,509,061"; and by striking the figure "$7,534,061" from line 2 on page 2 and inserting in lieu thereof the figure "$7,334,061"; and by striking the figure "$7,534,061" from line 3 on page 2 and inserting in lieu thereof the figure "$7,334,061"; and by striking the figure "$7,534,061" from line 4 on page 2 and inserting in lieu thereof the figure "$7,334,061"; and by striking the figure "$7,534,061" from line 10 on page 2 and inserting in lieu thereof the figure "$7,334,061".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment to the committee substitute was adopted.

Senator Holloway of the 12th offered the following amendment:
Amend the committee substitute to HB 1227 by striking the figure "$1,125,000" from line 2 on page 75 and inserting in lieu thereof the figure "$975,000"; and by striking the figure "$33,504,901" from line 12 on page 75 and inserting in lieu thereof the figure "$33,354,901"; and by striking the figure "$18,194,843" from line 15 on page 75 and inserting in lieu thereof the figure "$18,044,843"; and by striking the figure "$1,125,000" from line 10 on page 82 and inserting in lieu thereof the figure "$975,000"; and by striking the figure "$21,463,068" from line 31 on page 80 and inserting in lieu thereof the figure "$21,613,068"; and by striking the figure "$48,341,613" from line 32 on page 80 and inserting in lieu thereof the figure "$48,491,613"; and by striking the figure "$19,021,500" from line 34 on page 80 and inserting in lieu there of the figure "$19,171,500"; and by striking the figure "$21,463,068" from line 15 on page 83 and inserting in lieu thereof the figure "$21,613,068".

On the adoption of the amendment offered by Senator Holloway of the 12th, the yeas were 32, nays 0, and the amendment to the committee substitute was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend the committee substitute to HB 1227 by striking the figure "$127,296,281" from line 16 on Page 85 and inserting in lieu thereof the figure "$127,496,281"; and by striking the figure "$9,094,237" from line 3 on Page 90 and inserting in lieu thereof the figure "$9,294,237"; and by striking the figure "$54,027,983" from line 17 on Page 90 and inserting in lieu thereof the figure "$54,227,983"; and by striking the figure "$43,821,780" from line 18 on Page 90 and inserting in lieu thereof the figure "$44,021,780"; and by striking the figure "$24,040,385" from line 21 on Page 91 and inserting in lieu thereof the figure "$24,240,385".
On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

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Those voting in the affirmative were Senators:

Banks Barker Barnes Bond
Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st
Fincher

Foster Garrard Hamilton of 26th Hamilton of 34th
Holley Howard Hudgins Hudson Kidd Lester
Lewis

McDuffie McGill Reynolds Robinson
Russell Stephens Stumbaugh Tate Timmons Warren

Those voting in the negative were Senators:

Bell Doss Duncan Eldridge Hill Holloway

Kennedy McDowell Overby Riley Shapard Starr

Summers Thompson Traylor Turner Tysinger

Those not voting were Senators:

Ballard Broun of 46th (presiding)

Gillis Langford Pearce

Sutton Young

On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 32, nays 17, and the amendment to the committee substitute was
adopted.

Senator Lester of the 23rd offered the following amendment:

Amend the committee substitute to HB 1227 by striking the figure "1,483" from line 18 on Page 88 and inserting in lieu thereof the figure "1,506".

On the adoption of the amendment, Senator Lester of the 23rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bond Brantley
Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley
Hudgins Hudson Kennedy Kidd Lester Lewis McDowell

McGill Reynolds Robinson Russell Shapard
Stephens Tate Traylor Tysinger Warren Young

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219

Those voting in the negative were Senators:

Doss Duncan Eldridge Hill Holloway

Howard McDuffie Overby Riley Starr

Stumbaugh Button Thompson Timmons Turner

Those not voting were Senators:

Ballard Bell

Broun of 46th (presiding)

Langford Pearce Summers

On the adoption of the amendment offered by Senator Lester of the 23rd, the yeas were 35, nays 15, and the amendment to the committee substitute was adopted.

Senator Reynolds of the 48th offered the following amendment:
Amend the committee substitute to HB 1227 by striking the figure "331" from line 2 on Page 77 and inserting in lieu thereof the figure "333".

On the adoption of the amendment offered by Senator Reynolds of the 48th, the yeas were 27, nays 8, and the amendment to the committee substitute was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend the committee substitute to HB 1227 by striking the figure "$52,389" from line 4 on Page 90' and inserting in lieu thereof the figure "$25,826" and by striking the figure "$114,271" from line 7 on Page 90 and inserting in lieu thereof the figure "$95,549" and by striking the figure "$14,178" from line 6 on Page 90 and inserting in lieu thereof the figure "322" and by striking the figure "$84,112" from line 8 on Page 90 and inserting in lieu thereof the figure "$50,457" and by striking the figure "$360,000" from line 9 on Page 90 and inserting in lieu thereof the figure "$354,351" and by striking the figure "$9,094,237" from line 3 on Page 90 and inserting in lieu thereof the figure "$9,192,683" and by striking the figure $269,820 from line 22 on Page 91 and inserting in lieu thereof the figure "$243,257" and by striking the figure "$389,451" from line 26 on Page 91 and inserting in lieu there of the figure "$370,729" and by striking the figure "$41,208" from line 25 on Page 91 and inserting in lieu thereof the figure "$27,352" and by striking the figure "$635,538" from line 27 on Page 91 and inserting in lieu thereof the figure "$601,883" and by striking the figure "$1,030,959" from line 28 on Page 91 and inserting in lieu thereof the figure "$1,025,310" and by striking the figure "$24,040,385" from line 21 on Page 91 and inserting in lieu thereof the figure "$24,138,830".

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JOURNAL OP THE SENATE,

On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 26, nays 3, and the amendment to the committee substitute was adopted.

Senator Kidd of the 25th offered the following amendment:
Amend the committee substitute to HB 1227 by striking the figure "4,661" from line 19 on Page 90 and inserting in lieu thereof figure "4,807".

On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Dean of 6th Hamilton of 26th Holley

Hudgins Kennedy Kidd Lester

McDuffie Russell Traylor

Those voting in the negative were Senators:

Banks Barnes Bell Bond Carter Coverdell Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 34th Hill Holloway Howard Hudson Langford Lewis McDowell McGill Overby Reynolds Riley

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren

Those not voting were Senators:

Ballard Brantley Broun of 46th (presiding)

Brown of 47th Dean of 31st Pearce

Robinson Young

On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 11, nays 37, and the amendment was lost.

Senators Gillis of the 20th and Kennedy of the 4th offered the following amendment:

Amend the committee substitute to HB 1227 by striking the figure "$225,000" from line 2 on Page 116 and inserting in lieu thereof the figure "$165,000"; and by inserting the words "Capital Outlay" and inserting the figure "$60,000" after line 33 on Page 114 and inserting the following language after line 3 on Page 121:

MONDAY, JANUARY 19, 1976

221

"Provided, that of the above appropriation relating to Capital Outlay, $60,000 is designated and committed to construct a Poultry Facility at Montgomery Correctional Institution."

On the adoption of the amendment offered by Senators Gillis of the 20th and Kennedy of the 4th, the yeas were 35, nays 0, and the amendment to the committee substitute was adopted.

Senator Kidd of the 25th offered the following amendment:
Amend the committee substitute to HB 1227 by striking the language between lines 9 and 13 on Page 112 and inserting in lieu thereof the following language:
"Provided, that the Department is hereby authorized to redirect any funds available of the unexpended balance of the Georgia Build ing Authority (Penal) funds for a community correctional facility in Chatham County."

On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 3, nays 30, and the amendment was lost.

Senator McDuffie of the 19th offered the following amendment:
Amend the committee substitute to HB 1227 by adding the following language to Section 16:
"Provided, that Cooperative Educational Service Agencies (CESA) services be reprogrammed to eliminate consultant assis tance in the areas of scholastic development and concentrate on specialty areas in the field of special education."
On the adoption of the amendment offered by Senator McDuffie of the 19th, the yeas were 28, nays 6, and the amendment to the committee substitute was adopted.
Senators Bond of the 39th and McDowell of the 2nd offered the following amendment:
Amend the committee substitute to HB 1227 by striking lines 27 through 31 on Page 83, and inserting in lieu thereof the following language:
"Provided, the Commissioner of Human Resources shall regular ly report the average monthly AFDC payment level to the Fiscal Affairs Committee who shall advise the Commissioner concerning limitation policy."

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JOURNAL OP THE SENATE,

On the adoption of the amendment offered by Senators Bond of the 39th and McDowell of the 2nd, Senator McDowell of the 2nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Dean of 6th Garrard Hamilton of 34th

Hudgins McDowell Pearce Russell

Stephens Tate Traylor

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Brantley Brown of 47th Carter Coverdell Doss Duncan Eldridge Foster Gillis

Hamilton of 26th Hill Holley Holloway Howard Kennedy Kidd Lester Lewis McDuffie McGill Overby Reynolds

Riley Robinson Shapard Starr Stumbaugh Sutton Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Bell Broun of 46th (presiding)

Dean of 31st Fincher Hudson

Langford Summers

On the adoption of the amendment offered by Senators Bond of the 39th and McDowell of the 2nd, the yeas were 11, nays 38, and the amendment was lost.

Senator Kidd of the 25th offered the following amendment:

Amend the committee substitute to HB 1227 by striking the figure "$231,926" from line 14 on Page 70 and inserting in lieu thereof the figure "$216,926"; and by striking the figure "$1,465,031" from line 13 on Page 70 and inserting in lieu thereof the figure "$1,655,031"; and by striking the figure "$52,266" from line 16 on Page 70 and inserting in lieu thereof the figure "$44,266"; and by striking the figure "$59,759" from line 18 on Page 70 and inserting in lieu thereof the figure "$54,759"; and by striking the figure "$1,396,258" from line 19 on Page 70 and inserting in lieu thereof the figure "$1,391,458"; and by striking the figure "$239,694,260.38" from line 9 on Page 70 and inserting in lieu thereof the figure "$239,652,460.38"; and by striking the figure "$127,296,281" and line 16 on Page 85 and inserting in lieu thereof the figure "$127,253,481"; and by striking the figure "$5,918,683" from line 22 on Page 85 and inserting in lieu thereof the figure "$5,954,083"; and by striking the figure "$1,334,141" from line 23 on Page 90 and inserting in lieu thereof the figure "$1,341,541"; and by striking the figure "608" from line 1 on Page 91 and inserting in lieu thereof the figure "628".

MONDAY, JANUARY 19, 1976

223

On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 37, nays 2, and the amendment to the committee substitute was adopted.

Senator Holloway of the 12th offered the following amendment:
Amend the committee substitute to HB 1227 by directing the Legisla tive Counsel and the Legislative Budget Analyst to adjust the total appropriation to agree with the content of the substitute.

On the adoption of the amendment offered by Senator Holloway of the 12th, the yeas were 39, nays 0, and the amendment to the committee substitute was adopted.

The President resumed the Chair.

On the adoption of the committee substitute, the yeas were 44, nays 0, and the committee substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond
Brantley Broun of 46th
Brown of 47th Carter Coverdell Dean of 6th Dean of 31st
Doss Duncan
Eldridge Poster
Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway
Howard Hudgins
Kennedy Kidd Langford Lester Lewis
McDowell McDuffie
McGill Overby
Pearce

Reynolds Riley Robinson Russell Shapard
Starr Stephens
Stumbaugh Button Tate Thompson Timmons
Traylor Turner
Tysinger Warren
Young

Those not voting were Senators:

Bell Fincher

Garrard Hudson

Summers

On the passage of the bill, the yeas were 51, nays 0.

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JOURNAL OP THE SENATE,

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

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 3:50 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 20, 1976

225

Senate Chamber, Atlanta, Georgia Tuesday, January 20, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1230. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Chapter 84-18, relating to lightning rods, taxes assessed upon their installation, and contracts to sell lightning rods; to repeal Code Section 84-9928 relating to criminal penalties invoked for violation of the provisions of Code Chapter 84-18.
HB 1231. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to amend an Act entitled "An Act to create in any county having a population of 250,000 and not more than 500,000 according to the U.S. census of 1960 or any future census, a tax collection study commission to study the collection and assessment of State and county taxes and municipal taxes of cities lying wholly in such county".
HB 1232. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Chapter 92-36, relating to the collection and pay ment of moneys, fees, commissions, penalties, and other charges by State departments, commissions, bureaus, and other branches and agencies of State government for the purpose of supporting and maintaining such governmental entities.
HB 1233. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-2010, relating to the assessment of a

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JOURNAL OF THE SENATE,

fee on all persons, firms, corporations, or partnerships buying salary or wage accounts or lending money upon same, as amended by Paragraph 91 of Section 2 of an Act approved March 28,1935.

HB 1234. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code section 92-5905, relating to the requirements of insurance companies doing business within the State to furnish names of agents to the Comptroller General in making required returns.

HB 1235. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-5802, relating to the duties of the deputy revenue commissioners appointed under Code Section 92-4507.
HB 1236. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-603, relating to the granting of an exemption from any special taxes to every park or place where certain athletic and sporting events are held under a charge of admission when ever the proprietor or owner is a maimed or disabled Confederate soldier.
HB 1237. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to provide an exemption for members of the armed forces from the payment of any penalties, costs, interests or other fees assessed for failure to return real or personal property or to pay the tax on same".
HB 1238. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act for the abatement of all income taxes for members of the armed forces upon death; and for other pur poses", as amended; to repeal an Act providing for income tax deduc tions, exemptions and extensions for men and women serving in the armed forces of the U. S. during World War II.
HB 1239. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to grant extensions of time for the filing of income tax returns by returning Korean veterans; to provide that no interest shall accrue during such time".
HB 1240. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax

TUESDAY, JANUARY 20, 1976

227

Law", as amended, so as to repeal subsection (j), relating to taxation of motor fuel used in the operation of watercraft upon certain waters.

HB 1241. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to require the tax-receivers in all counties in this State having a population of 200,000 inhabitants or more by the U.S. census of 1930, or any future U.S. census, to list in the white, and colored tax digests respectively the names of the taxpayers in continuous alphabetical order without segregation by militia districts or other local subdivisions".

HB 1245. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to impose a tax on obscene ma terials; to define terms; to repeal conflicting laws; and for other pur poses", approved Mar. 20, 1970.

HB 784. By Representative Greer of the 43rd:
A bill to amend an Act relating to malt beverage taxes so as to make it unlawful for any person, firm or corporation to possess or transport more than 1440 fluid ounces of malt beverages upon which the taxes imposed on such beverages have not been paid.

The House has adopted the following resolution of the House:
HR 530. By Representatives Dover of the llth, Wood of the 9th, Noble of the 48th and many others: A resolution paying tribute to the Cherokee and Creek Indians.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 479. By Senators Hudson of the 35th, Stephens of the 36th and Hamilton of the 34th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide for the establishment of a separate record of certain accumulated contributions by former mem bers of Division "B" who retired prior to a certain date and who had not elected to transfer to Division "A". Referred to Committee on Retirement.
SB 480. By Senator Foster of the 50th:
A bill to provide for legislative oversight of rules and regulations of executive agencies of the State government; to provide for a short title;

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JOURNAL OP THE SENATE,

to provide for a definition; to provide for review of proposed rules and regulations of executive agencies by committees of the House and Senate.
Referred to Committee on Rules.

SB 481. By Senators Hudgins of the 15th and Doss of the 62nd:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, so as to change the provisions relative to certain definitions.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 482. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to create the Georgia Council for the Arts and Humanities; to provide legislative findings and a declaration of policy; to provide for the appointment, terms, expenses, and removal of members of the council; to provide for meetings and officers of the council; to repeal conflicting laws. Referred to Committee on Human Resources.
SB 483. By Senator Starr of the 44th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change the provisions relating to food services; to repeal conflicting laws. Referred to Committee on Education.
SB 484. By Senators Traylor of the 3rd, Riley of the 1st, Gillis of the 20th and others:
A bill to amend an Act providing the procedures for the purchase of supplies, materials and equipment for the various State departments' and agencies' needs, as amended, so as to provide that competitive bids shall not be required where the amount of the purchase is less than $100; to repeal conflicting laws. Referred to Committee on Industry, Labor and Tourism.
SB 485. By Senators Fincher of the 54th and Langford of the 51st:
A bill to amend an Act establishing the Employees Retirement System of Georgia, as amended, so as to provide for increased retirement bene fits for certain retired members; to provide for matters relative thereto; to repeal conflicting laws. Referred to Committee on Retirement.

SB 486. By Senators Turner of the 8th, Russell of the 10th, Timmons of the llth and others:
A bill to amend an Act creating an Advisory Board of the College of

TUESDAY, JANUARY 20, 1976

229

Veterinary Medicine of the University of Georgia, so as to change the membership of the Board; to repeal conflicting laws.
Referred to Committee on Higher Education.

SB 487. By Senators Tate of the 38th, Barker of the 18th, Turner of the 8th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions permitting certain teachers an option of remaining a member or becoming a member of a local retirement fund; to repeal conflicting laws.
Referred to Committee on Retirement.

SB 488. By Senators Warren of the 43rd, Coverdell of the 40th, Garrard of the 37th and others:
A bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), as amended, so as to change the provisions relative to disqualification for benefits; to repeal conflicting laws. Referred to Committee on Industry, Labor and Tourism.
SB 489. By Senators Warren of the 43rd, Howard of the 42nd, Coverdell of the 40th and others:
A bill to amend Code Chapter 85-10, relative to tenancy in common, as amended, so as to provide for right of survivorship between joint tenants; to change the provisions relative to tenancies in common; to repeal conflicting laws. Referred to Committee on Judiciary.
SB 490. By Senator Warren of the 43rd:
A bill to authorize the Commissioner of Public Safety to appoint police officers for private institutions of higher learning; to require each such institution to petition the Commissioner to make such appointments from persons named in the petition; to repeal conflicting laws. Referred to Committee on Judiciary.
SB 491. By Senators Traylor of the 3rd, Riley of the 1st and Dean of the 6th:
A bill to amend an Act known as the "State Ports Authority Act", as amended, so as to provide that the Authority shall undertake a project for adequate docking facilities for commercial fishing vessels; to repeal conflicting laws. Referred to Committee on Transportation.
SB 492. By Senator Warren of the 43rd:
A bill to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for multiple party ac-

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JOURNAL OF THE SENATE,

counts; to provide for ownership and payments during lifetime; to pro vide for right of survivorship; to repeal conflicting laws.
Referred to Committee on Banking, Finance and Insurance.

SR 266. By Senators Coverdell of the 40th, Brantley of the 56th and Warren of the 43rd:
A resolution proposing an amendment to the Constitution, so as to provide that members of the Public Service Commission shall be elected from commissioner districts for a term of office of four years; to provide for the submission of this amendment for ratification or rejection.
Referred to .Committee on Economy, Reorganization and Efficiency in Government.

SR 268. By Senator Traylor of the 3rd:
A resolution proposing an amendment to the Constitution, so as to pro hibit the State of Georgia from condemning or purchasing property in Mclntosh County which results in a decrease in the county tax digest without the written approval of the governing authority of Mclntosh County. Referred to Committee on Banking, Finance and Insurance.

SR 269. By Senators Tate of the 38th, Hamilton of the 34th, McDowell of the 2nd and others:
A resolution proposing an amendment to the Constitution, so as to pro vide for public programs to combat hunger; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Human Resources.

SR 270. By Senators Tate of the 38th, Barker of the 18th, Turner of the 8th and others:
A resolution proposing an amendment to the Constitution, so as to change the composition of the State Board of Education; to provide for sub mission of this amendment for ratification or rejection. Referred to Committee on Education.

SR 272. By Senators Barker of the 18th, Banks of the 17th, Starr of the 44th and others:
A resolution designating a portion of U.S. Highway 41 and a portion of U. S. Highway 341 as the "Peach Blossom Trail". Referred to Committee on Transportation.

The following bills of the House were read the first time and referred to committees:

TUESDAY, JANUARY 20, 1976

231

HB 1230. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Chapter 84-18, relating to lightning rods, taxes assessed upon their installation, and contracts to sell lightning rods; to repeal Code Section 84-9928 relating to criminal penalties invoked for violation of the provisions of Code Chapter 84-18.
Referred to Committee on Banking, Finance and Insurance.

HB 1231. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to amend an Act entitled "An Act to create in any county having a population of 250,000 and not more than 500,000 according to the U.S. census of 1960 or any future U.S. census, a tax collection study com mission to study the collection and assessment of State and county taxes and municipal taxes of cities lying wholly in such county. Referred to Committee on Banking, Finance and Insurance.
HB 1232. By Representatives. Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Chapter 92-36, relating to the collection and pay ment of moneys, fees, commissions, penalties, and other charges by State departments, commissions, bureaus, and other branches and agencies of State government for the purpose of supporting and maintaining such governmental entities. Referred to Committee on Banking, Finance and Insurance.
HB 1233. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-2010, relating to the requirements of on all persons, firms, corporations, or partnerships buying salary or wage accounts or lending money upon same, as amended by Paragraph 91 of Section 2 of an Act approved March 28, 1935. Referred to Committee on Banking, Finance and Insurance.
HB 1234. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-5905, relating to the requirements of insurance companies doing business within the State to furnish names of agents to the Comptroller General in making required returns. Referred to Committee on Banking, Finance and Insurance.

HB 1235. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-5802, relating to the duties of the deputy revenue commissioners appointed under Code Section 92-4507. Referred to Committee on Banking, Finance and Insurance.

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JOURNAL OP THE SENATE,

HB 1236, By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-603, relating to the granting of an exemption from any special taxes to every park or place where certain athletic and sporting events are held under a charge of admission when ever the proprietor or owner is a maimed or disabled Confederate soldier.
Referred to Committee on Banking, Finance and Insurance.

HB 1237. By Representatives, Pussell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to provide an exemption for members of the armed forces from the payment of any penalties, costs interests or other fees assessed for failure to return real or personal property or to pay the tax on same; to provide for method of exemption".
Referred to Committee on Banking, Finance and Insurance.

HB 1238. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act for the abatement of all income taxes for members of the armed forces upon death; and for other pur poses", as amended; to repeal an Act providing for income tax deduc tions, exemptions and extensions for men and women serving in the armed forces of the U.S. during World War II.
Referred to Committee on Banking, Finance and Insurance.

HB 1239. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to grant extensions of time for the filing of income tax returns by returning Korean veterans"; to provide that no interest shall accrue during such time. Referred to Committee on Banking, Finance and Insurance.

HB 1240. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax Law" as amended, so as to repeal subsection (j), relating to taxation of motor fuel used in the operation of watercraft upon certain waters.
Referred to Committee on Banking, Finance and Insurance.

HB 1241. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to require the tax-receivers in all counties in this State having a population of 200,000 inhabitants or more by the U.S. census of 1930, or any future U.S. census, to list in the white, and colored tax digests respectively the names of the taxpayers in continuous alphabetical order without segregation by militia districts or other local subdivisions".
Referred to Committee on Banking, Finance and Insurance.

TUESDAY, JANUARY 20, 1976

233

HB 1245. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to impose a tax on obscene materials; to define terms; to repeal conflicting laws; and for other purposes.", approved Mar. 20, 1970. Referred to Committee on Banking, Finance and Insurance.

HB 784. By Representative Greer of the 43rd:
A bill to amend an Act relating to malt beverage taxes so as to make it unlawful for any person, firm or corporation to possess or transport more than 1440 fluid ounces of malt beverages upon which the taxes imposed on such beverages have not been paid. Referred to Committee on Banking, Finance and Insurance.

The following reports of standing committees were read by the Secretary:

Senator McGill of the 24th District, Chairman of the Committee on Agricul ture, submitted the following report:

Mr. President:
Your Committee on Agriculture has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 434. Do pass. SB 459. Do pass. SB 460. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman

Senator Broun of the 46th District, Chairman of the Committee on Ap propriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 466. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

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Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:

Mr. President:
Your Committee on Banking, Finance and Insurance has had under con sideration the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tion:
SR 259. Do pass.
Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Hudgins of the 15th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:

Mr. President:
Your Committee on Defense and Veterans Affairs has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 163. Do pass.
Respectfully submitted, Senator Hudgins of the 15th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 304. Do pass. SB 378. Do not pass. SB 405. Do pass. SB 408. Do pass. SB 427. Do pass. SB 440. Do pass. SR 253. Do pass. SR 254. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

TUESDAY, JANUARY 20, 1976

235

Senator Kennedy of the 4th District, Chairman of the Committee on Of fender Rehabilitation, submitted the following report:

Mr. President:

Your Committee on Offender Rehabilitation has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 430. Do pass by substitute.

Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 484. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following resolution of the Senate was read the second time:

SR 248. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A resolution proposing an amendment to the Constitution so as to provide, beginning with the year 1978, that the Governor and Lieutenant Governor shall be elected jointly as a unit instead of separately; to provide the procedure connected therewith; to provide for the election of the President of the Senate by the Senators.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Poster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy

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Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Senators Coverdell and Holley.

Senator Warren of the 43rd introduced the chaplain of the day, Rev. L. C. Warren, Jr., former associate pastor of Chapel Heights Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 493. By Representatives Howell of the 140th, Wood of the 9th, Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to allow a Governor to succeed himself for one four-year term; to provide that the salary of the Governor shall not be increased during the term for which he shall have been elected; to provide for the submission of this amendment for ratification or rejection.

The following resolution of the House was read the first time and referred to committee:

HR 493. By Representatives Howell of the 140th, Wood of the 9th, Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to allow a Governor to succeed himself for one four-year term; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

The following resolutions of the Senate and House were read and adopted:

SR 267. By Senators Traylor of the 3rd and Dean of the 6th: A resolution commending Ms. Edith Smoak.

TUESDAY, JANUARY 20, 1976

237

SR 271. By Senator Timmons of the llth: A resolution commending Miss Esther Bruner.

HR 530. By Representatives Dover of the llth, Childs of the 51st, Phillips of the 91st and others:
A resolution paying tribute to the Cherokee and Creek Indians.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 1227. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975, as amended by an Act approved July 3, 1975 so as to change certain appropriations for the fiscal year 1975-76; to make language and other changes.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1227. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act," approved April 25, 1975 (Ga. Laws 1975, p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734) so as to make certain appropriations for the fiscal year 1975-76; to make language and other changes.

Senator Broun of the 46th moved that the Senate insist upon its substitute to HB 1227.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate substitute to HB 1227 was insisted upon.

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JOURNAL OP THE SENATE,

SENATE CALENDAR

Tuesday, January 20, 1976

SB 350. Landscape Architects--regulation and license (AM) SB 421. Speed Detection Devices Permit-conditions for revocation (AM) SB 461. Physicians' Motor Vehicles-provisions for flashing red light

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 350. By Senator Holloway of the 12th:
A bill to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to comprehensively revise, codify and modernize the laws of this State relating to the licensure and regulation of landscape architects; to provide for definitions.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend SB 350 by striking on Page 12, line 8, the following: "nor",

and inserting in lieu thereof the following:

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Tysinger of the 41st offered the following amendment:
Amend SB 350 by striking on Page 6, line 24, subparagraph 2 in its entirety and renumbering subparagraph 3; and by striking on Page 10, line 9, the sentence starting with "Applicants" through line 12.
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment offered by Senator Tysinger of the 41st was adopted.
Senator Robinson of the 27th offered the following amendment:
Amend SB 350 by inserting, following the word "architecture" on line 30 of Page 6, the following:
", environmental design, or its equivalent".

TUESDAY, JANUARY 20, 1976

239

By inserting on line 5 of Page 7, following the word "architecture", the following:

", environmental design, or its equivalent".

By inserting on line 8 of Page 7, following the word "architecture", the following:

", environmental design, or its equivalent".

By inserting on line 13 of Page 7, following the word "architecture", the following:

", environmental design, or its equivalent".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment offered by Senator Robinson of the 27th was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Banks Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Kennedy Kidd
Langford Lester Lewis McDowell McDuffie McGill
Overby Pearce

Voting in the negative was Senator Hill.

Those not voting were Senators:

Coverdell Fincher Howard

Hudgins Hudson

On the passage of the bill the yeas were 48, nays 1.

Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Warren Young
Stephens Timmons

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JOURNAL OF THE SENATE,

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 a Conference Committee Report thereto:

HB 754. By Representatives Murphy of the 18th, Snow of the 1st, Harris of the 8th and others:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel so as to provide for the organization of the Committee; to provide for powers and authority of the Commit tee; to provide for duties and authority of the Legislative Counsel; to provide for legal services.

The Conference Committee Report was as follows:

The Conference Committee on HB 754 recommends that the Senate recede from its position on its amendments and that the bill as passed by the House of Representatives be adopted.

FOR THE SENATE:
/s/ Frank Eldridge, Jr. Senator, 7th District
/s/ Ed Garrard Senator, 37th District
/s/ John R. Riley Senator, 1st District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Marcus Collins Representative, 144th District
/s/ Joe Frank Harris Representative, 8th District
/s/ Wayne Snow, Jr. Representative, 1st District

Senator Riley of the 1st moved that the Senate adopt the Conference Committee Report on HB 754.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd

TUESDAY, JANUARY 20, 1976

241

Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton

Thompson Timmons Traylor . Turner Tysinger Warren Young

Those not voting were Senators :

Bond Fincher

Hudgins Pearce

Stephens Tate

On the adoption of the Conference Committee Report, the yeas were 50, nays 0, and the Conference Committee Report on HB 754 was adopted.

Senator Riley of the 1st moved that the following bill of the House, read the third time March 25, 1975, and tabled, be removed from the table:

HB 782. By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78, relating to credits against income taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes.

On the motion, the yeas were 30, nays 11; the motion prevailed, and HB 782 was removed from the table and placed on the Senate Calendar.

Senator Riley of the 1st moved to postpone action on HB 782 until Wednesday, January 21, 1976.

On the motion, the yeas were 39, nays 0; the motion prevailed and HB 782 was postponed until Wednesday, January 21.

The following resolution of the Senate was read and adopted:

SR 273. By Senators Broun of the 46th, Holloway of the 12th, Riley of the 1st and others:
A resolution commending Honorable Steve Polk.

The following bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

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JOURNAL OF THE SENATE,

SB 421. By Senators Kidd of the 25th and McDuffie of the 19th:
A bill to amend an Act providing for the use of radar speed detection devices by counties and municipalities, as amended, so as to provide that the Commissioner of the Department of Public Safety may suspend or revoke the radar speed detection device permit of any county or munici pality.

The Senate Committee on Transportation offered the following amendment:
Amend SB 421 by striking in Section 3 the following sentence begin ning on line 9 of Page 3:
"The decision of the Board of Public Safety shall be final.",
and by substituting in lieu thereof, the following:
"An adverse decision of the Board of Public Safety may be appealed by the county or municipality to the superior court with appropriate jurisdiction, but the city or county shall be denied the use of the radar speed detection device until after such appeal is decided by the court."

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher
Foster
Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger
Warren
Young

TUESDAY, JANUARY 20, 1976

243

Voting in the negative was Senator Traylor.

Those not voting were Senators:

Carter Duncan

Hamilton of 34th

McDowell

On the passage of the bill, the yeas were 51, nays 1.

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

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 461. By Senators Russell of the 10th and Timmons of the llth:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle other than law enforcement vehicles to be operated with flashing or revolving blue lights, as amended, so as to authorize physicians to operate their personal, private motor vehicles with flashing or revolving red lights under certain conditions.

Senator Turner of the 8th offered the following amendment:
Amend SB 461 by adding on Page 1, line 7, and Page 2, line 12, after the word "physicians" the words "and veterinarians".

On the adoption of the amendment, the yeas were 22, nays 19, and the amendment was adopted.
Senator Russell of the 10th moved to commit SB 461 to the Committee on Transportation.
On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 461 was committed to the Committee on Transportation.

At 11:40 o'clock A.M., the President announced the Senate would stand in recess until 1:30 o'clock P.M. today.

The President called the Senate to order.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

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JOURNAL OF THE SENATE,

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a. like committee on the part of the Senate on the following bill of the House:

HB 1227. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975, as amended by an Act approved July 3, 1975 so as to change certain appropriations for the fiscal year 1975-76; to make language and other changes; to repeal conflicting laws.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Harris of the 8th, Vaughn of the 57th and Collins of the 144th.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1227. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 197576, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975 p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734) so as to make certain appropriations for the fiscal year 1975-76; to make language and other changes.

Senator Broun of the 46th moved that the Senate adhere to its substitute to HB 1227 and that a Conference Committee be appointed.

On the motion the yeas were 30, nays 0; the motion prevailed, and the Senate substitute to HB 1227 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Riley of the 1st, Holloway of the 12th and Broun of the 46th.

Senator Bond of the 39th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 1:45 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 21, 1976

245

Senate Chamber, Atlanta, Georgia Wednesday, January 21, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 723. By Representatives Cox of the 141st, Bargeron of the 83rd, Gammage of the 17th and others: A bill to amend an Act creating the Board of Funeral Service and regulating practice of embalming and funeral directing so as to require that an applicant for a license as a funeral director hold a valid embalmer's license approved by the State of Georgia.
The House has adopted the following resolution of the House:
HR 478. By Representative Linder of the 44th: A resolution designating Georgia Dental Health Day.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
SB 177. By Senator Starr of the 44th: A bill to authorize leaves of absence for public employees when the absence is to permit the employee to participate in certain blood donation programs.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

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JOURNAL OF THE SENATE,

SB 493. By Senator Barnes of the 33rd:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relating to minimum retire ment benefits for certain members. Referred to Committee on Retirement.

SB 494. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations. Referred to Committee on Judiciary.

SB 495. By Senator McDowell of the 2nd:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that it shall be unlawful to publish, print, sell, transport, distribute, or possess certain printed material. Referred to Committee on Consumer Affairs.

SB 496. By Senator Foster of the 50th:
A bill to require State agencies to perform energy consumption analyses as part of the construction or renovation of certain facilities; to provide legislative findings; to provide a declaration of policy; to provide defini tions; to require lifecycle cost analyses and energy conservation prac tices for certain facilities. Referred to Committee on Consumer Affairs.

SB 497. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), as amended, so as to provide for additional increased retirement benefits. Referred to Committee on Retirement.

SB 498. By Senator Kidd of the 25th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to change the size of the State Board of Pardons and Paroles; to provide for the appointment of additional members and their terms of office.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 499. By Senator Langford of the 51st:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing the procedure for a review of assessments made by county boards of tax assessors and providing for county boards

WEDNESDAY, JANUARY 21, 1976

247

of equalization, as amended, so as to change the qualifications for mem bers of county boards of equalization.
Referred to Committee on Judiciary.

SB 500. By Senator Langford of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to entitle Deputy Conservation Rangers employed by the Department of Natural Resources to certain payments for a disability due to an act of external violence or injury incurred in the line of duty.
Referred to Committee on Retirement.

SB 501. By Senator Brown of the 47th:
A bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety con cerning the ability to sustain shock, as amended, so as to substitute a different standard of safety concerning the ability to sustain shock. Referred to Committee on Consumer Affairs.

SB 502. By Senator Coverdell of the 40th:
A bill to create and establish the Department of Actuarial Services; to establish the office of State Actuary; to determine the qualifications, manner of election, term of office, and method of filling vacancies in the office of State Actuary; to provide for compensation and expenses of the State Actuary.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 503. By Senator Langford of the 51st:
A bill to amend Code Section 27-2510, relating to concurrent and con secutive sentences, so as to provide that in any case in which a person commits aggravated sodomy while confined in any penitentiary, county correctional institution, county or city jail, upon conviction, the sentence imposed for aggravated sodomy shall be served consecutively to the sentence then being served by such person.
Referred to Committee on Judiciary.

SB 504. By Senators Holloway of the 12th, Garrard of the 37th, Coverdell of the 40th and others:
A bill to amend Code Section 47-107, relating to the salary and allowances of members of the General Assembly, as amended, so as to change the provisions relating to vouchers; to provide that members of the General Assembly shall certify that vouchers are true and correct and to make it a crime to certify falsely.
Referred to Committee on Rules.

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JOURNAL OP THE SENATE,

SB 505. By Senators Stephens of the 36th, Kidd of the 25th, Hudgins of the 15th and others:
A bill to amend an Act known as the "Gasoline Marketing Practices Act", so as to add definitions; to provide additional requirements, limitations and restrictions upon the distribution of gasoline and special fuels; to provide for severability.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 506. By Senators Tate of the 38th and Bond of the 39th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to retire ment based on years of service. Referred to Committee on Retirement.

SB 507. By Senator Stephens of the 36th:
A bill to amend an Act providing that cities having a certain population shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, so as to provide for prior service credit for certain employees. Referred to Committee on County and Urban Affairs.

SB 508. By Senators Reynolds of the 48th, Riley of the 1st, Holloway of the 12th and others:
A bill to provide for the regulation of utility contractors; to create the State Board of Examiners of Utility Contractors; to provide a short title; to provide a short title; to provide for a declaration of purpose; to provide definitions; to provide for the membership of said board; to provide for terms of office of members of the board.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 509. By Senator Brown of the 47th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relating to eligibility for Survivors' Benefits for certain persons. Referred to Committee on Retirement.
SB 510. By Senator Robinson of the 27th:
A bill to amend Code Section 68B-202, relating to persons who are exempt from obtaining or having drivers' licenses, so as to provide that certain members of the reserve components of the Armed Forces of the United States shall be exempt from the requirements of having a driver's license under certain circumstances. Referred to Committee on Transportation.

WEDNESDAY, JANUARY 21, 1976

249

SB 511. By Senator Robinson of the 27th:
A bill to amend an Act providing for compulsory school attendance, so as to authorize specified persons to arrest or assume temporary custody of a child who is subject to compulsory full-time education, is away from home, and is absent from school without a valid excuse within the county, city or area school district.
Referred to Committee on Education.

SB 512. By Senators Coverdell of the 40th, Howard of the 42nd and Garrard of the 37th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to the composition of the Board of Trustees of said System; to change the provisions relative to the selection of a chairman of the Board of Trustees. Referred to Committee on Retirement.

SB 513. By Senators Coverdell of the 40th, Howard of the 42nd and Garrard of the 37th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to the composition of the Board of Trustees of said system; to change the provisions relative to the filling of vacancies in the office of a trustee. Referred to Committee on Retirement.
SB 514. By Senators Coverdell of the 40th, Howard of the 42nd and Garrard of the 37th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions for the manage ment and investment of the funds of the system by adding additional requirements. Referred to Committee on Retirement.
SB 515. By Senators Coverdell of the 40th, Howard of the 42nd and Garrard of the 37th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions for the management and investment of the funds of the system by adding additional require ments. Referred to Committee on Retirement.
SB 516. By Senator Holloway of the 12th:
A bill to amend Code Section 100-108, relating to bonds and securities required to secure State deposits, as amended, so as to provide that debt obligations issued by certain federal agencies shall be accepted as collat eral by the Director of the Fiscal Division of the Department of Administrative Services to secure State funds on deposit in State de positories. Referred to Committee on Appropriations.

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JOURNAL OF THE SENATE,

SB 517. By Senator Gillis of the 20th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to require postretirement benefit adjust ments for certain retirees; to provide an effective date. Referred to Committee on Retirement.

SB 518. By Senator Tysinger of the 41st:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relating to minimum retirement benefits for certain members. Referred to Committee on Retirement.

SB 519. By Senator Langford of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change certain provisions relative to creditable service. Referred to Committee on Retirement.

SB 520. By Senator Warren of the 43rd:
A bill to amend an Act providing tort liability of parents for willful acts of children, so as to change the provisions relating to the tort liability of parents; to limit the amount of damages recoverable. Referred to Committee on Judiciary.

SB 521. By Senators Hudson of the 35th and Hamilton of the 34th:
A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, as amended, so as to provide a minimum pension pay ment for certain former officers and employees. Referred to Committee on County and Urban Affairs.

SB 522. By Senator McDowell of the 2nd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to define certain terms; to prohibit taking of crabs under certain conditions. Referred to Committee on Natural Resources and Environmental Quality.

SR 274. By Senators Holloway of the 12th, Garrard of the 37th, Coverdell of the 40th and others:
A resolution creating a committee to study and revise Code Title 47 and other laws relative to the legislative branch of government. Referred to Committee on Rules.

WEDNESDAY, JANUARY 21, 1976

251

SR 275. By Senators Coverdell of the 40th, Howard of the 42nd and Garrard of the 37th:
A resolution providing for the continued investigation of the Teachers' Retirement System of Georgia and the Employees' Retirement System of Georgia. Referred to Committee on Retirement.

The following bill and resolution of the House were read the first time and referred to committees:

HB 723. By Representatives Cox of the 141st, Bargeron of the 83rd and Gammage of the 17th:
A bill to amend an Act creating the Board of Funeral Service and regulat ing the practice of embalming and funeral directing so as to require that an applicant for a license as a funeral director hold a valid embalmer's license. Referred to Committee on Economy, Reorganization and Efficiency in Government.
HR 478. By Representative Linder of the 44th:
A resolution designating Georgia Dental Health Day. Referred to Committee on Human Resources.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:

Mr. President:
Your Committee on Banking, Finance and Insurance has had under considera tion the following bills and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SR 260. Do pass. SB 439. Do pass. SB 441. Do pass. SB 463. Do pass. SB 470. Do pass.
Respectfully submitted, Senator Holley of the 22nd District, Chairman

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JOURNAL OF THE SENATE,

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 293. SB 428. HB 251. HB 994. HB 1004. HB 1092. HB 1179. HB 1261. HB 1267. HB 1286. HB 1287. HB 1288. HB 1289. HB 1290. HB 1306. HB 1307. HB 1322.

Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted. Senator Garrard of the 37th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 468. Do pass by substitute. HB 214. Do pass. HB 922. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

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253

The following bills and resolutions of the Senate and House were read the second time:

SB 434. By Senators McGill of the 24th, Turner of the 8th, Timmons of the llth and others:
A bill to amend an Act known as the "Georgia Biologicals Permit Act of 1966", so as to authorize the Commissioner of Agriculture to with hold from sale biologicals he deems hazardous when administered by other than accredited licensed veterinarians or persons approved by the State Veterinarian.

SB 459. By Senators McGill of the 24th, Turner of the 8th, Garrard of the 37th and others:
A bill to authorize the Commissioner of Agriculture to quarantine or detain animals, poultry, or animal and poultry products suspected of bearing or containing residue of substances that would cause the animal's resultant meat or the product to be unfit for human consumption and to authorize the Commissioner to destroy such unfit matter.

SB 460. By Senators Russell of the 10th, Timmons of the llth, Turner of the 8th and others:
A bill to amend an Act known as the "Department of Agriculture Regis tration, License and Permit Act", so as to provide that all license regis tration and permit certificates published by the Department of Agri culture shall, upon issuance, be permanent evidence of the pertinent license, registration and permit and to preclude the necessity of republication and reissuance of certificates for periodically renewable licenses, registrations and permits.

SB 466. By Senators Riley of the 1st, Broun of the 46th, Holloway of the 12th and others:
A bill to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the purpose of creating the Revenue Short-fall Reserve in lieu of the Working Reserve.
SR 259. By Senators Lester of the 23rd, Starr of the 44th, McGill of the 24th and others:
A resolution proposing an amendment to the Constitution, so as to provide that the General Assembly shall have the authority to enact legislation to classify and subclassify real property according to its use for purposes of taxation and to establish a ratio of assessment to value in each class or subclass.
HB 163. By Messrs. Jones of the 126th, Triplett of the 128th, Chance of the 129th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951" so as to provide for a certain exemption to the requirement that rescue organizations be licensed by the State Director of Civil Defense.

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SB 304. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the penalty provisions relating to such offense; to provide for cases in which serious bodily injury is inflicted on a person.

SB 405. By Senator Kidd of the 25th:
A bill to provide for a right of cancellation with respect to sales of physical culture, physical fitness or body improvement courses or serv ices; to provide enforcement of such right.

SB 427. By Senator Kidd of the 25th:
A bill to amend Code Chapter 24-29, as amended, relating to the office of district attorney, so as to permit, under certain conditions, the in clusion of time spent as legal assistant to a district attorney, as time spent while duly admitted and licensed to practice law.

SB 440. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Section 27-2511.1, relating to review of sentences, so as to change the sentences which are subject to review by the panel of superior court judges.
SR 253. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to pro vide that the General Assembly may define the practice of law for the purpose of the qualifications for the office of District Attorney; to provide for the submission of this amendment for ratification or rejec tion.
SR 254. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to establish, by general law, minimum qualifications for judges of the probate courts; to provide for the sub mission of this amendment for ratification or rejection.
SB 430. By Senator Kidd of the 25th:
A bill to amend an Act entitled the "Youthful Offender Act", as amend ed, so as to authorize the Board of Corrections to petition the sentencing court requesting that certain offenders be reassigned to the Youthful Offender Division.
HR 484. By Representative Banner of the 130th:
A resolution authorizing and directing the State Department of Trans portation to designate a bridge in Clay County, Georgia, as the "Henry G. McKemie Bridge".

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255

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Dean of 6th

Pearce

Tate

Senator Riley of the 1st introduced the doctor of the day, Dr. Ronald Sum mers, of Chatham County, Georgia.

Senator McGill of the 24th introduced the chaplain of the day, Rev. Albert Huyck, pastor of the First Baptist Church, Washington, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 276. By Senator Broun of the 46th: A resolution commending the members and coaches of the Georgia Bulldogs football team.
SR 277. By Senator Broun of the 46th: A resolution expressing regrets at the passing of Dr. C. L. Ayers.
SR 278. By Senator Holloway of the 12th: A resolution commending Mr. Howard D. Waters.
SR 279. By Senators Hill of the 29th and Lewis of the 21st: A resolution wishing a speedy recovery for Phil Flynn.

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SR 280. By Senator Doss of the 52nd:
A resolution expressing regret at the passing of the Honorable Chastine Parker.

SR 281. By Senator Doss of the 52nd: A resolution commending Mr. Randy Johnson.

The following resolution was taken up for the purpose of considering a House amendment thereto:

SR 123, By Senators Tysinger of the 41st and Brown of the 47th: A resolution creating the Power Plant Siting Study Committee.

The House amendment was as follows:
Amend SR 123 by deleting the numerals "1976" on Page 2, line 17, and inserting the numerals "1977" therefor.

Senator Tysinger of the 41st moved that the Senate agree to the House amendment to SR 123.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the House amendment to SR 123 was agreed to.

Senator McDuffie of the 19th moved that the following bill of the Senate be withdrawn from the Committee on Agriculture and committed to the Committee on Transportation:

SB 435. By Senators McGill of the 24th, Gillis of the 20th, Young of the 13th and others:
A bill to amend Code Section 68-101, relative to the definition of certain words used with respect to licenses, registration and operation of motor vehicles, so as to exclude from the definition of the terms "motor vehicle" and "motorcycle" certain motorized bicycles.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 435 was withdrawn from the Committee on Agriculture and committed to the Com mittee on Transportation.

The following bill was taken up for the purpose of considering a House sub stitute thereto:

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257

SB 177. By Senator Starr of the 44th:
A bill to authorize leaves of absence for public employees when the absence is to permit the employee to participate in certain blood donation programs; to provide an effective date.

The House substitute to SB 177 was as follows:

A BILL
To be entitled an Act to authorize leaves of absence for public em ployees when the absence is to permit the employee to participate in blood donation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Leaves of absence for blood donations. Each State, county and municipal officer and employee in this State shall be allowed a leave of absence of not more than eight hours in each calendar year without loss of pay for the purpose of donating blood. This absence shall be com puted at two hours per donation, up to four times per year.
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 hereby repealed.

Senator Starr of the 44th moved that the Senate agree to the House sub stitute to SB 177.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the House substitute to SB 177 was agreed to.
SENATE CALENDAR Wednesday, January 21, 1976 HB 782 Income Tax Laws--amend certain sections (AM) SB 408 The Retail Installment and Home Solicitation Sales Act--amend SR 248 Governor and Lieutenant Governor--elected jointly (SUB)
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

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SB 408. By Senator Pearce of the 16th:
A bill to amend "The Retail Installment and Home Solicitation Sales Act", as amended, so as to change certain definitions; to provide that a security interest shall not be taken with respect to certain goods; to provide for the application of payments and the priority of release of goods from any security interest.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Fincher Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill
Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Dean of 6th Duncan

Eldridge Foster Riley

Robinson Russell Thompson

On the passage of the bill, the yeas were 47, nays 0.

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

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 248. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide, be ginning with the year 1978, that the Governor and Lieutenant Governor

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259

shall be elected jointly as a unit instead of separately; to provide the procedure connected therewith; to provide for the election of the Presi dent of the Senate by the Senators; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph VII of the Constitution, relating to the Lieutenant Governor, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:
"Paragraph VII. Lieutenant Governor; Succession to Executive Power.--There shall be a Lieutenant Governor who shall have the same qualifications as the Governor. He shall be elected at the same time and for the same term as the Governor. The Governor and Lieu tenant Governor shall be elected jointly as a unit by the casting by each voter of a single vote for Governor and Lieutenant Governor. At the time any person qualifies with a political party to seek nomination as that political party's candidate for Governor, he shall designate the name of the person who shall run with him as a candidate for Lieutenant Governor. No person shall qualify to seek nomination as a candidate for Lieutenant Governor. The name of the candidate for Governor and the name of the candidate for Lieutenant Governor shall be listed on the ballot in the primary as a unit, and every person voting in said primary shall cast only one vote for the office of Governor and Lieutenant Governor. The same procedure for listing candidates for said offices shall be used in the general election, and persons voting in the general elec tion shall also vote for Governor and Lieutenant Governor as a unit. When any notice of intention of a person to be a write-in candidate for Governor is given as provided in this Constitution, the name of such person's choice as candidate for Lieutenant Governor shall be given at the same time.
The Lieutenant Governor shall act as the Executive Secretary of the Governor and shall have such duties as shall be provided by law and by the Governor. He shall receive such compensation and allowances as shall be provided by law.
In case of the death, resignation or disability of the Governor, the Lieutenant Governor shall become Governor for the unexpired term. In case of the death, resignation or disability of both the Governor and the Lieutenant Governor, the President of the Senate shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election which shall be held within 90 days from the date on which the Presi dent of the Senate shall assume the executive power.
For the purpose of electing the Governor and the Lieutenant Governor, the provisions of this Paragraph shall be applicable to the primaries and elections in 1978 and to all primaries and elections thereafter. For all other purposes, the provisions of this Paragraph shall not become effective until the first day of the regular session of

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the General Assembly in 1979. Until that time, the provisions of this Paragraph as they existed prior to the ratification of this amend ment shall remain in force and effect, and the Lieutenant Governor serving at the time of the ratification of this amendment shall con
tinue to serve, subject to the provisions of laws applicable thereto and the provisions of this Constitution, until the first day of the regular session of the General Assembly in 1979. Except as provided in this Paragraph, wherever the words 'Lieutenant Governor' appear in this Constitution and in any statute, such words shall be held and taken to mean the 'President of the Senate', and such words are hereby stricken and the words 'President of the Senate' are hereby
inserted in lieu thereof."

Section 2. Article III, Section V, Paragraph II of the Constitution is hereby amended by adding at the end of the first sentence thereof the following:

"and, effective on the first day of the 1979 regular session of the General Assembly, the President of the Senate shall be elected viva voce",
so that when so amended, Article III, Section V, Paragraph II shall read as follows:
"Paragraph II. President. The presiding officer of the Senate shall be styled the President of the Senate and, effective on the first day of the 1979 regular session of the General Assembly, the Presi dent of the Senate shall be elected viva voce. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succession to the executive power."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to pro vide that beginning in the year 1978 the Gov ernor and Lieutenant Governor shall be elected
( ) NO jointly as a unit instead of separately and to provide that the President of the Senate shall be elected by the Senators?"
All persons desiring to vote in favor of ratifying the proposed amend ment 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.

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261

Senator Reynolds of the 48th moved to postpone action on SR 248 until Thursday, January 22.

Senator Langford of the 51st moved to table SR 248.

The President ruled that the motion to table takes precedence.

On the motion to table, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bell Brantley Hamilton of 34th

Hudgins Hudson Langford Stumbaugh

Sutton Traylor Turner

Those voting in the negative were Senators:

Ballard Banks Barker Bond Brown of 47th Carter Coverdell Dean of 31st Doss Foster Garrard Gillis Hamilton of 26th

Hill Holley Howard Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Summers Tate Thompson Tysinger Warren Young

Those not voting were Senators:

Broun of 46th (excused conferee) Dean of 6th Duncan

Eldridge Fincher Holloway (excused conferee)

Riley (excused conferee) Timmons

On the motion, the yeas were 11, nays 37, and the motion to table SR 248 was lost.

On the motion of Senator Reynolds of the 48th, Senator McDowell of the 2nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brantley Brown of 47th Carter

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Coverdell Dean of 31st Fincher Foster Garrard Gillis
Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDuffie
McGill Overby Pearce Reynolds Robinson Russell Shapard

Starr Stephens Stumbaugh Summers Sutton Tate
Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator McDowell.

Those not voting were Senators:

Broun of 46th (excused conferee) Dean of 6th Doss

Duncan Eldridge Holloway (excused conferee)

Riley (excused conferee)

On the motion, the yeas were 48, nays 1; the motion prevailed, and SR 248 was postponed until Thursday, January 22.

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

SR 38. By Senators Hudgins of the 15th and Pearce of the 16th:
A resolution urging the State Department of Transportation to continue design and actual work studies on the West Georgia Tollway.

The House substitute was as follows:
A RESOLUTION
Urging the State Department of Transportation with guidance from the State Tollway Authority, to continue to keep current and in a state of readiness, all work studies recently completed on the West Georgia Tollway, which has been negatively impacted by economic and energy problems facing the nation; and for other purposes.
WHEREAS, preliminary design and other work studies on the West Georgia Tollway were suspended toward the end of 1974 as a result of some governmental officials losing interest in the project due to poor economic conditions; and projected energy impacts; and
WHEREAS, the general feasibility of the West Georgia Tollway has been accepted by many State and Federal transportation officials; and

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263

WHEREAS, the West Georgia Tollway, when completed, will serve many important functions to the people of Georgia including the allevia tion of congestion on Interstate 75, and other north-south routes; and

WHEREAS, the completion of the West Georgia Tollway will stimulate the growth and economy of the counties in West Georgia from Tennessee to Florida; and

WHEREAS, work schedules and time frames for completion of the remaining development cycle have been estimated with the idea that as economic conditions improve, that immediate reactivation would be of prime importance from a cost standpoint.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby urge the State Department of Transportation do everything technically appropriate, as regards the West Georgia Tollway, to keep the project readied and in a position to be advanced expeditiously, as conditions im prove and as funds for the project become available in the near future.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the Commissioner of the State Department of Trans portation and to each member of the State Board of Transportation and the State Tollway Authority.

Senator Hudgins of the 15th moved that the Senate agree to the House substitute to SR 38.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the House substitute to SR 38 was agreed to.
Senator Traylor of the 3rd moved that the following resolution of the Senate be withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Natural Resources and Environmental Quality:

SR 268. By Senator Traylor of the 3rd: A resolution proposing an amendment to the Constitution, so as to prohibit the State of Georgia from condemning or purchasing property in Mclntosh County which results in a decrease in the county tax digest without the written approval of the governing authority of Mclntosh County.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 268 was withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Natural Resources and Environmental Quality.
Senator Overby of the 49th moved that the following resolution of the House be withdrawn from the Committee on Judiciary and committed to the Committee on County and Urban Affairs:

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HR 157. By Representatives Childs of the 51st, Hawkins of the 50th, Richardson of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the Judges of the Superior Courts of the Stone Mountain Judicial Circuit, the Judge of the Probate Court of DeKalb County, and the Judges of the State Court of DeKalb County shall be elected in nonpartisan elections.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HR 157 was withdrawn from the Committee on Judiciary and committed to the Committee on County and Urban Affairs.

The following resolution of the Senate was read and adopted:

SR 286. By Senator Howard of the 42nd: A resolution commending Mr. Glynn Harrison.

Senator Holley of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 11:45 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

THURSDAY, JANUARY 22, 1976

265

Senate Chamber, Atlanta, Georgia

Thursday, January 22, 1976

The Senate met pursuant to adjournment at 10:00 o'clock, A. M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's pro ceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority, the following bills of the House:

HB 1360. By Representative Crawford of the 5th:.
A bill to amend an Act creating the office of Commissioner of Chattooga County so as to create a Board of Commissioners of Chattooga County.

HB 1364. By Representative Ware of the 68th:
A bill to create a new charter for the City of Hogansville, in Troup County, Georgia, heretofore made a body politic and corporate, by an Act approved March 12, 1941 and previous Acts of the General Assembly of Georgia, and to reincorporate said city; to repeal conflicting laws.

HB 1382. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to authorize a stenographer to be present with the grand jury while witnesses are being examined in all counties of this State having a population of not less than 15,950 and not more than 16,500; to provide for the appointment and compensation of such stenographer.

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

HR 498. By Representative Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of

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new manufacturing, processing, storage or transhipment facilities by authorizing the governing authority of Dodge County to provide for the exemption from all ad valorem taxation by such governing authority.

HR 464. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to exempt bingo from the lottery provisions of the Constitution.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 523. By Senators Barker of the 18th, Gillis of the 20th, Robinson of the 27th and others:
A bill to amend an Act completely and exhaustively revising the laws of this State relative to game and fish, as amended, so as to authorize the use of compound bows for the taking of game under certain conditions. Referred to Committee on Natural Resources and Environmental Quality.

SB 524. By Senator Robinson of the 27th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to change the provisions relative to the employment and administration of personnel performing services for the Board. Referred to Committee on Offender Rehabilitation.

SB 525. By Senator Kidd of the 25th:
A bill to establish within State Government an Employee Fringe Bene fits Function; to provide for a statement of legislative intent; to provide for a legislative charge; to provide for the staffing and funding of the function; to provide for the function's attachment to the State Merit System for administrative purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 526. By Senator Kidd of the 25th:
A bill to amend an Act providing for an Advisory Council for personnel Administration, so as to provide for a declaration of purpose; to provide for a new method of qualifying for membership in the Advisory Council for Personnel Administration; to provide for authority and access of said Council.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 527. By Senators McGill of the 24th and Duncan of the 30th:
A bill to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction

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267

and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, as amended.
Referred to Committee on County and Urban Affairs.

SB 528. By Senators McGill of the 24th and Duncan of the 30th:
A bill to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, so as to provide that eligible municipalities which fail to file or which file after the cutoff date the required certification for funds in Fiscal Year 1976 may file or refile a late certificate and qualify for Fiscal Year 1976 funds.
Referred to Committee on County and Urban Affairs.

SB 529. By Senator Bond of the 39th:
A bill to provide for the collection of debts by certain collectors; to pro vide for duties of creditors; to provide for crimes and penalties. Referred to Committee on Consumer Affairs.

SB 530. By Senators Starr of the 44th and Fincher of the 54th:
A bill to provide that in certain circumstances it is the duty of a step father to provide for the maintenance, protection, and education of his minor stepchild in the same manner as if the stepfather were the natural or adoptive father; to provide for definitions; to provide for severability. Referred to Committee on Judiciary.

SB 531. By Senators Starr of the 44th and Fincher of the 54th:
A bill to amend an Act known as "The Georgia Public Assistance Act of 1965", as amended, so as to provide that public assistance shall not be granted to any person who shall make a transfer of property for the purpose of obtaining or retaining eligibility for public assistance. Referred to Committee on Human Resources.

SB 532. By Senators Starr of the 44th and Fincher of the 54th:
A bill to amend an Act known as "The Georgia Public Assistance Act of 1965", as amended, so as to change the provisions relative to the offense of fraud in obtaining public assistance; to change certain penalties. Referred to Committee on Human Resources.

SB 533. By Senator Lester of the 23rd:
A bill to amend Code Section 92-6912, relating to county boards of equalization, as amended, so as to provide the burden of proof in the superior court shall be upon the party filing the appeal; to provide that the burden of proof shall be upon the party filing the first appeal in the event both parties appeal. Referred to Committee on Banking, Finance and Insurance.

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SB 534. By Senator Traylor of the 3rd:
A bill to amend an Act known as "The Small Business Assistance Act of 1975", so as to provide for compensation of members of the Advisory Council for travel and other expenses. Referred to Committee on Industry, Labor and Tourism.

SR 282. By Senator Doss of the 52nd:
A resolution authorizing the conveyance of certain real property in Ployd County, Georgia. Referred to Committee on Public Utilities.
SR 283. By Senators Hudson of the 35th, Riley of the 1st, Lewis of the 21st and others:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption for certain disabled veterans; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking, Finance and Insurance.
SR 284. By Senators Foster of the 50th, Starr of the 44th, Banks of the 17th and others:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to exempt from ad valorem taxation all or a part of the value of tangible property used in or as a part of any facility which property shall have been installed as a solar energy heating or cooling system. Referred to Committee on Banking, Finance and Insurance.
SR 285. By Senator Langford of the 51st:
A resolution authorizing the conveyance of certain State-owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith. Referred to Committee on Public Utilities.
SR 287. By Senators Doss of the 52nd and Broun of the 46th:
A resolution urging the Board of Regents to devise a plan providing for a continuing system to govern the salaries and salary increases of per sonnel employed by the University System of Georgia. Referred to Committee on Higher Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1360. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of Commissioner of Chattooga County so as to create a Board of Commissioners of Chattooga County. Referred to Committee on County and Urban Affairs.

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269

HB 1364. By Representative Ware of the 68th:
A bill to create a new charter for the City of Hogansville, in Troup County, Georgia, heretofore made a body politic and corporate, by Act approved March 12, 1941 (Ga. Laws 1941, p. 1505) and previous Acts of the General Assembly of Georgia, and to reincorporate said city. Referred to Committee on County and Urban Affairs.

HB 1382. By Representatives Culpepper of the 98th and Waddle of the 113th: A bill to authorize a stenographer to be present with the grand jury while witnesses are being examined in all counties of this State having a population of not less than 15,950 and not more than 16,500; to provide for the appointment and compensation of such stenographer.
Referred to Committee on County and Urban Affairs.
HR 464. By Representative Lane of the 40th: A resolution proposing an amendment to the Constitution so as to exempt bingo from the lottery provisions of the Constitution.
Referred to Committee on Judiciary.
HR 498. By Representative Coleman of the 118th: A resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of new manufacturing, processing, storage or transhipment facilities by authorizing the governing authority of Dodge County to provide for the exemption from all ad valorem taxation by such governing authority.
Referred to Committee on Industry, Labor and Tourism.
The following reports of standing committees were read by the Secretary:
Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education has had under considering the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 429. Do pass as amended. SB 445. Do pass.
Respectfully submitted, Senator Carter of the 14th District, Chairman

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Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:

Mr. President:
Your Committee on Human Resources has had under consideration the fol lowing bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 464. Do pass. SB 465. Do pass. HR 478. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman
Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 542. Do pass by substitute. HB 1259. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman
Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 470. Do pass. SB 258. Do not pass. SR 244. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

THURSDAY, JANUARY 22, 1976

271

Senator Reynolds of the 48th, District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. President:
Your Committee on Transportation has had under consideration the following bill and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 413. Do pass by substitute. SR 272. Do pass. HR 307. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

SB 293. By Senator Garrard of the 37th:
A bill to regulate the assessment, levy and collection of ad valorem taxes for the support of public schools in certain municipalities; to provide procedures connected therewith; to limit the millage rate; to provide for revenues to be paid to the city and remitted to the board of education; to provide for applicability.

SB 428. By Senator Kidd of the 25th:
A bill to provide that in all counties of this State having a population of not less than 33,527 and not more than 34,513 according to the United States Decennial Census of 1970, and in all municipalities in such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours.

SB 439. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd: A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to clarify the definition of "Rate of Charge"; to change the penalties for violations of the Act.

SB 441. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Chapter 100-1, relating to State Depositories, as amended, so as to change the frequency of meetings of the State De pository Board from at least once each thirty days to at least once every ninety days; to change certain titles.

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JOURNAL OF THE SENATE,

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and with out legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.

SB 468. By Senators Robinson of the 27th and Starr of the 44th:
A bill to provide for the extradition and attendance of witnesses; to provide for a short title; to provide for definitions; to provide for the summoning of witnesses in this State to testify in another state; to pro vide for the summoning of witnesses in another state to testify in this State.

SB 470. By Senators Sutton of the 9th and Kidd of the 25th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to change the provisions relative to penalties for vio lations of said Act.

SR 260. By Senators Lester of the 23rd, Riley of the 1st, Tysinger of the 41st, Howard of the 42nd, Brantley of the 56th and others:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of each county and municipality, subject to the approval of the electors of such political subdivisions, to exempt certain tangible personal property which is in transit from ad valorem taxation.
HB 214. By Representative Glover of the 32nd:
A bill to amend an Act which granted specified powers to municipalities so as to authorize sheriffs and others to serve certain municipal notices, orders and other official documents under certain circumstances.
HB 251. By Mr. Greer of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County so as to change the conditions of eligibility for membership and pension benefits of the district attorney of the Superior Court of Fulton County.
HB 922. By Representative Russell of the 53rd:
A bill to provide that payment of purchase money or any other con sideration by any person, which causes a right or property in a thing to be transferred to the State, shall not result in nor imply a trust.
HB 994. By Representative Matthews of the 145th: A bill to provide a new Charter for the City of Berlin, Georgia, in the County of Colquitt.

THURSDAY, JANUARY 22, 1976

273

HB 1004. By Representative Matthews of the 145th:
A bill to provide a new Charter for the City of Norman Park, Georgia, in the County of Colquitt.

HB 1092. By Representative Collins of the 144th:
A bill to provide a new charter for the City of Baconton, Ga., in the County of Mitchell.
HB 1179. By Representative Larsen of the 119th:
A bill to authorize the governing authority in certain counties to de termine the compensation of the county treasurer.
HB 1261. By Representatives Wall of the 61st and Russell of the 64th: A bill to amend an Act creating a new charter for the town of Auburn, approved Feb. 17, 1949, as amended, so as to provide that the mayor and council shall have the power to compel the attendance of its members at any regular or special meeting of the council.
HB 1267. By Representative Lambert of the 112th: A bill to amend an Act creating a new charter for the City of Madison, approved Oct. 6, 1891, (Ga. Laws 1890-91, Vol. II, p. 827), as amended, so as to change the terms of office of the mayor and councilmen; to provide for the election of the mayor and councilmen by a plurality vote.
HB 1286. By Representatives Clark, Milford and Mann of the 13th: A bill to amend an Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, the Tax Commissioner and the Coroner of Madison Countv, known as the fee system, and providing in lieu thereof annual salaries for such officers, as amended, so as to change the provisions relating to the compensation of the tax commissioner.
HB 1287. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th: A bill to amend an Act placing the Judge of the Probate Court of Heard County upon an annual salary so as to change the compensation of the Judge of the Probate Court.
HB 1288. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th: A bill to amend an Act consolidating the offices of the Tax Receiver and Tax Collector of Heard County into the office of Tax Commissioner, approved April 18, 1929 so as to change the compensation of the Tax Commissioner.

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JOURNAL OF THE SENATE,

HB 1289. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County upon an annual salary so as to change the compensation of the Clerk of the Superior Court of Heard County.

HB 1290. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act placing the sheriff of Heard County upon an annual salary, approved Feb. 9, 1965 so as to change the compensation of the sheriff.

HB 1306. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the Town of Uvalda so as to change the provisions relating to the granting of franchises.

HB 1307. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Glenwood so as to change the provisions relating to the granting of franchises.

HB 1322. By Representative Cox of the 141st:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary for such officer.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell Dean of 6th Doss
Duncan Eldridge Fincher Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kennedy Kidd
Langford Lester Lewis
McDowell McDuffie McGill Overby
Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons
Traylor Turner Tysinger Warren
Young

Those not answering were Senators:

Banks Bell
Dean of 31st

Hill Holloway
Hudgins

Pearce Russell

THURSDAY, JANUARY 22, 1976

275

The following resolutions of the Senate were read and adopted:

SR 289. By Senator Doss of the 52nd and 55 other Senators: A resolution commending Mr. Philip Henry Niekro.
SR 288. By Senator Doss of the 52nd and 55 other Senators: A resolution welcoming James David "Dave" Bristol.
The President introduced Phil Niekro and Dave Bristol of the Atlanta Braves Baseball Team, who addressed the Senate.
Senator Kidd of the 25th introduced the chaplain of the day, Rev. Dan Crocker, pastor of the Monticello Baptist Church, Monticello, Georgia, who offered scripture reading and prayer.
Senator Kennedy of the 4th introduced the doctor of the day, Dr. Curtis Hames of Claxton, Georgia.
SENATE CALENDAR
Thursday, January 22, 1976
SR 248. Governor and Lieutenant Governor--elected jointly (SUB) HB 782. Income Tax Laws--amend certain sections (AM) SB 304. Armed Robbery--change penalty SB 405. Health Club Memberships--right of cancellation. SB 427. District Attorney--time spent as legal assistant to D. A. SB 430. Youthful Offender--reassignment by Board of Corrections (SUB) SB 434. Biologicals--conditions for sale SB 440. Sentences Subject to Superior Court Judge Review--change
sentence SB 459. Animal & Poultry Products--conditions for quarantine or
destruction SB 460. Agriculture Department License & Permits--permanent evidence SB 466. Revenue Short-fall Reserve--reserve from State surplus SR 253. D.A.--General Assembly define law practice for qualification
for office SR 254. Probate Court Judge--General Assembly establish qualifications SR 259. Real Property--legislation for taxation and classification HB 163. Rescue Organizations--no Civil Defense license required HR 484. Henry G. McKemie Bridge--designating

276

JOURNAL OP THE SENATE,

The following bill of the House, favorably reported by the committee, having been read the third time on March 25, 1975, was put upon its passage:

HB 782. By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, pp. 109, 147, relating to expenses of ad ministering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78, relating to credits against income taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes.

Senator Riley of the 1st moved to commit HB 782 to the Committee on Banking, Finance and Insurance.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 782 was committed to the Committee on Banking, Finance and Insurance.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 304. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the penalty provisions relating to such offense; to provide for cases in which serious bodily injury is inflicted on a person.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge
Fincher Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill
Overby Pearce

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Warren
Young

THURSDAY, JANUARY 22, 1976

277

Those voting in the negative were Senators Bond and Howard.

Those not voting were Senators:

Banks Foster Hill

Holley Reynolds

Sutton Tate

On the passage of the bill, the yeas were 47, nays 2.

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

SB 405. By Senator Kidd of the 25th:
A bill to provide for a right of cancellation with respect to sales of physical culture, physical fitness or body improvement courses or ser vices ; to provide enforcement of such right.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway
Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Broun of the 46th Foster

Hill Holley

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Reynolds Sutton

On the passage of the bill, the years were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 427. By Senator Kidd of the 25th:
A bill to amend Code Chapter 24-29, as amended, relating to the office of district attorney, so as to permit, under certain conditions, the in clusion of time spent as legal assistant to a district attorney, as time spent while duly admitted and licensed to practice law; to repeal con flicting laws.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Banks Dean of 31st Hamilton of 26th

Hill Holloway (presiding) Reynolds

Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Timmons Traylor Turner Tysinger Warren Young
Sutton Thompson

On the passage of the bill, the yeas were 48, nays 0.

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

SB 430. By Senator Kidd of the 25th:
A bill to amend an Act entitled the "Youthful Offender Act", as amended, so as to authorize the Board of Corrections to petition the sentencing court requesting that certain offenders be reassigned to the Youthful Offender Division.

THURSDAY, JANUARY 22, 1976

279

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 430:

A BILL

To be entitled an Act to amend an Act entitled the "Youthful Of fender Act", approved March 28, 1972 (Ga. Laws 1972, p. 592), as amended, so as to authorize the Board of Corrections to petition the sentencing court requesting that certain offenders be reassigned to the Youthful Offender Division; to authorize the sentencing court to sentence such offenders to the Division; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act entitled the "Youthful Offender Act", approved March 28, 1972 (Ga. Laws 1972, p. 592), as amended, is hereby amended by adding between Sections 15 and 16 a new Section to be designated Section 15A to read as follows:

"Section 15A. The Board of Corrections shall have the author ity at any time to petition the sentencing court requesting that an offender, who was eligible for sentencing to the Youthful Offender Division but who was sentenced to a penal institution under the custody of the Board of Corrections, be reassigned to the Youthful Offender Division for treatment and care. The sentencing court may in its discretion amend the original sentence by committing the offender to the Youthful Offender Division."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard

280

JOURNAL OF THE SENATE,

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th

Holloway (presiding)

Reynolds

On the passage of the bill, the yeas were 53, nays 0.

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

SB 434. By Senators McGill of the 24th, Turner of the 8th, Timmons of the llth and others:
A bill to amend an Act known as the "Georgia Biologicals Permit Act of 1966", so as to authorize the Commissioner of Agriculture to withhold from sale biologicals he deems hazardous when administered by other than accredited licensed veterinarians or persons approved by the State Veterinarian.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Hudson Kennedy Langford Lester Lewis McDowell McDuffie McGill Pearce Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

THURSDAY, JANUARY 22, 1976

281

Those not voting were Senators:

Bond Holloway (presiding)

Howard Kidd

Overby Reynolds

On the passage of the bill, the yeas were 50, nays 0.

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

The President resumed the Chair.

SB 440. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Section 27-2511.1, relating to review of sentences, so as to change the sentences which are subject to review by the panel of superior court judges.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Voting in the negative was Senator Warren.

Those not voting were Senators:

Banks

Hill

Fincher

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young
Starr

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JOURNAL OF THE SENATE,

On the passage of the bill, the years were 51, nays 1.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 1370. By Representatives Carr of the 105th, Bray of the 70th, Coleman of the 118th and others:
A bill to amend an Act relating to a health insurance plan for State employees so as to authorize the State Personnel Board and the Governor to increase the maximum permissible participation and contribution to the health insurance plan for employees by the State of Georgia.

The House has adopted the following resolution of the House:

HR 553. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A resolution relative to adjournment.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 259. By Senators Lester of the 23rd, Starr of the 44th, McGill of the 24th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the authority to enact legislation to classify and subclassify real property according to its use for purposes of taxation and to establish a ratio of assessment to value in each class or subclass; 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 hereby amended by adding at the end of said Paragraph the following paragraph:

THURSDAY, JANUARY 22, 1976

283

"Any other provisions of this Paragraph or of this Constitution to the contrary notwithstanding, the General Assembly shall have the authority to enact legislation to classify and subclassify real property according to its use for purposes of taxation and to estab lish a ratio of assessment to value in each class or subclass. Each class or subclass of real property so designated shall be treated as a separate class of property for purposes of applying the uniformity provisions of this Paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the folowing:
" ( ) YES Shall the Constitution be amended so as to pro vide that the General Assembly shall have the
( ) NO authority to enact legislation to classify and subclassify real property according to its use for purposes of taxation and to establish a ratio of assessment to value in each class or subclass?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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.

Senator McDowell of the 2nd offered the following amendment:
Amend SR 259 by striking on Page 1, lines 3 and 15, the word "subclassify" and by striking on page 2, line 4, the word "subclassify".

On the adoption of the amendment, the yeas were 4, nays 33, and the amend ment to SR 259 was lost.

Senator McDowell of the 2nd offered the following substitute to SR 259:

A RESOLUTION
Proposing an amendment to the Constitution so as to classify real property as a separate class of tangible property for taxation purposes, and to provide that such property's value shall be determined in accor dance with the use to which such property is being devoted by the owner and to provide for the payment of additional taxes on real property when it is sold and the sales price is higher than the assessed value; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

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JOURNAL OF THE SENATE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III, of the Constitu tion is hereby amended by adding at the end thereof the following para graph :

"Real property shall constitute a separate class of tangible prop erty for taxation purposes. Such property's value shall be deter mined in accordance with the use to which such property is being devoted by the owner, in such manner and under such procedures as the General Assembly shall provide; provided, however, the General Assembly shall provide that when real property is sold and the sales price of the property sold is more than the then current assessed value of such property as shown on the tax records of the political subdivisions wherein such property lies, the seller shall pay addi tional property taxes on such property, for the three years immed iately preceding such sale, in an amount equal to the difference between the amount of taxes paid on the assessed value of such property during said three years and the amount of taxes that would be payable on the basis of the sales price of such property."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to classify real property as a separate class of
( ) NO tangible property for taxation purposes, and to provide that such property's value shall be de
termined in accordance with the use to which such property is being devoted by the owner and to provide for the payment of additional taxes on real property when it is sold and the sales price is higher than the assessed value?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this
State.

On the adoption of the substitute to SR 259, Senator McDowell of the 2nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Holloway Hudgins

McDowell Shapard

Warren

THURSDAY, JANUARY 22, 1976

285

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Summers ' Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

On the adoption of the substitute, the yeas were 5, nays 51, and the substitute to SR 259 was lost.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st
Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those voting in the negative were Senators:

Bell Bond

McDowell Tysinger

286

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 52, nays 4.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

Senator Lester of the 23rd moved that SR 259 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 259 was immediately transmitted to the House.

At 12:10 o'clock P.M., the President announced the Senate would stand in recess until 1:30 o'clock P.M.

The President called the Senate to order.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HR 484. By Representative Banner of the 130th:
A resolution authorizing and directing the State Department of Trans portation to designate a bridge in Clay County, Georgia, as the "Henry G. McKemie Bridge".
Senate Sponsor: Senator Timmons of the llth.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Doss Duncan Pincher

Foster Garrard Gillis Hamilton of 34th Hill Holloway Howard Kennedy Lester McDowell McDuffie McGill

Pearce Reynolds Riley Robinson Shapard Thompson Timmons Traylor Turner Tysinger Warren Young

THURSDAY, JANUARY 22, 1976

287

Those not voting were Senators:

Ballard Bond Carter Dean of 31st Eldridge Hamilton of 26th Holley

Hudgins Hudson Kidd Langford Lewis Overby Russell

Starr Stephens Stumbaugh Summers Sutton Tate

On the adoption of the resolution, the yeas were 36, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Timmons of the llth moved that HR 484 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HR 484 was immediately transmitted to the House.

SB 466. By Senators Riley of the 1st, Broun of the 46th, Holloway of the 12th and others:
A bill to provide that a percentage of net revenue collections each fiscal year shall be reserved from State surplus at the end of each fiscal year for the purpose of creating the Revenue Short-fall Reserve in lieu of the Working Reserve.

Senator Riley of the 1st offered the following amendment: Amend SB 466 by striking lines 16, 17 and 18 in their entirety; and by renumbering Section 3 as Section 2.
On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment to SB 466 was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st

Doss Duncan Eldridge Fincher Foster Garrard

288

JOURNAL OP THE SENATE,

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell

McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens

Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Carter Hill Holley

Hudson Langford Sutton

Tate

On the passage of the bill, the yeas were 49, nays 0.

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

Senator Riley of the 1st moved that SB 466 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 466 was immediately transmitted to the House.

HB 163. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others: Senate Sponsors: Senators Hudgins of the 15th and Russell of the 10th.
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951" so as to provide for a certain exemption to the requirement that rescue organizations be licensed by the State Director of Civil Defense.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

THURSDAY, JANUARY 22, 1976

289

Hamilton of 34th Hill Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell

McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr

Stephens Stumbaugh Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Holley Hudson

Langford Summers

Sutton Tate

On the passage of the bill, the yeas were 60, nays. o.

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

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

SB 459. By Senators McGill of the 24th, Turner of the 8th, Garrard of the 37th and others:
A bill to authorize the Commissioner of Agriculture to quarantine or detain animals, poultry, or animal and poultry products suspected of bearing or containing residue of substances that would cause the animal's resultant meat or the product to be unfit for human consumption and to authorize the Commissioner to destroy such unfit matter.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby
Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Warren
Young

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Those not voting were Senators:

Broun of 46th Carter Holley

Holloway (presiding) Hudson Langford

Sutton Tate

On the passage of the bill, the yeas were 48, nays 0.

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

The President resumed the Chair.

SB 460. By Senators Russell of the 10th, Timmons of the llth, Turner of the 8th and others:
A bill to amend an Act known as the "Department of Agriculture Regis tration, License and Permit Act", so as to provide that all license regis tration and permit certificates published by the Department of Agricul ture shall, upon issuance, be permanent evidence of the pertinent license, registration and permit and to preclude the necessity of republication and reissuance of certificates for periodically renewable licenses, regis trations and permits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Kennedy Kidd Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

THURSDAY, JANUARY 22, 1976

291

Those not voting were Senators:

Bond Carter Duncan

Holley Hudson Langford

Lester Stumbaugh

On the passage of the bill, the yeas were 48, nays 0.

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

SR 248. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide, be ginning with the year 1978, that the Governor and Lieutenant Governor shall be elected jointly as a unit instead of separately; to provide the procedure connected therewith; to provide for the election of the Presi dent of the Senate by the Senators; 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 V, Section I, Paragraph VII of the Constitution, relating to the Lieutenant Governor, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:
"Paragraph VII. Lieutenant Governor; Succession to Execu tive Power.--There shall be a Lieutenant Governor who shall have the same qualifications as the Governor. He shall be elected at the same time and for the same term as the Governor. The Governor and Lieutenant Governor shall be elected jointly as a unit by the casting by each voter of a single vote for Governor and Lieutenant Gov ernor. At the time any person qualifies with a political party to seek nomination as that political party's candidate for Governor, he shall designate the name of the person who shall run with him as a candidate for Lieutenant Governor. No person shall qualify to seek nomination as a candidate for Lieutenant Governor. The name of the candidate for Governor and the name of the candidate for Lieutenant Governor shall be listed on the ballot in the primary as a unit, and every person voting in said primary shall cast only one vote for the office of Governor and Lieutenant Governor. The same procedure for listing candidates for said offices shall be used in the general election, and persons voting in the general election shall also vote for Governor and Lieutenant Governor as a unit. When any notice of intention of a person to be a write-in candidate for Governor is given as provided in this Constitution, the name of such person's choice as candidate for Lieutenant Governor shall be given at the same time.

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The Lieutenant Governor shall act as the Executive Secretary of the Governor and shall have such duties as shall be provided by law and by the Governor. He shall receive such compensation and allowances as shall be provided by law.

In case of the death, resignation or disability of the Governor, the Lieutenant Governor shall become Governor for the unexpired term. In case of the death, resignation or disability of both the Governor and the Lieutenant Governor, the President of the Senate shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election which shall be held within 90 days from the date on which the President of the Senate shall assume the executive power.

For the purpose of electing the Governor and the Lieutenant Governor, the provisions of this Paragraph shall be applicable to the primaries and elections in 1978 and to all primaries and elections thereafter. For all other purposes, the provisions of this Paragraph shall not become effective until the first day of the regular session of the General Assembly in 1979. Until that time, the provisions of this Paragraph as they existed prior to the ratification of this amendment shall remain in force and effect, and the Lieutenant Governor serving at the time of the ratification of this amendment shall continue to serve, subject to the provisions of laws applicable thereto and the provisions of this Constitution, until the first day of the regular session of the General Assembly in 1979. Except as provided in this Paragraph, wherever the words 'Lieutenant Gov ernor' appear in this Constitution and in any statute, such words shall be held and taken to mean the 'President of the Senate', and such words are hereby stricken and the words 'President of the Senate' are hereby inserted in lieu thereof."

Section 2. Article III, Section V, Paragraph II of the Constitution is hereby amended by adding at the end of the first sentence thereof the following:
"and, effective on the first day of the 1979 regular session of the General Assembly, the President of the Senate shall be elected viva voce",
so that when so amended, Article III, Section V, Paragraph II shall read as follows:
"Paragraph II. President. The presiding officer of the Senate shall be styled the President of the Senate and, effective on the first day of the 1979 regular session of the General Assembly, the President of the Senate shall be elected viva voce. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succession to the executive power."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

THURSDAY, JANUARY 22, 1976

293

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to provide that beginning in the year 1978 the Governor and
( ) NO Lieutenant Governor shall be elected jointly as a unit instead of separately and to provide that the Presi dent of the Senate shall be elected by the Senators?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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.

Senator Reynolds of the 48th moved to commit SR 248 to the Committee on Rules.

Senator Reynolds of the 48th asked for unanimous consent to withdraw his motion to commit SR 248 to the Committee on Rules. Consent was given, and the motion to commit SR 248 to the Committee on Rules was withdrawn.

Senator Reynolds of the 48th moved to postpone action on SR 248 until January 23rd.

Senator Robinson of the 27th moved to table SR 248.

The President ruled that the motion to table takes precedence.

On the motion to table, Senator Robinson of the 27th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Brantley Carter

Hudson Robinson

Stumbaugh

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins

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Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Shapard Starr Stephens Summers Sutton

Tate Thompson Tray lor Turner Tysinger Warren

Those not voting were Senators:

Holley Langford

Russell Timmons

Young

On the motion, the yeas were 5, nays 46; and the motion of Senator Robinson of the 27th to table SR 248 lost.

On the motion of Senator Reynolds of the 48th to postpone SR 248 until January 23, the yeas were 44, nays 1; the motion prevailed, and SR 248 was postponed until January 23.

SR 253. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may define the practice of law for the purpose of the qualifications for the office of District Attorney; 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 VI, Section XIII, Paragraph I of the Constitution is hereby amended by striking Paragraph I in its entirety and substi tuting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Age; citizenship; practice of law. No person shall be Justice of the Supreme Court, Court of Appeals, Judge of Superior Courts, or Attorney General, unless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected Dis trict Attorney, unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the State for three years, and shall have practiced law, as may be de fined by the General Assembly, for three years next preceding his election."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I,

THURSDAY, JANUARY 22, 1976

295

Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to provide that the General Assembly may define the practice
( ) NO of law for the purpose of the qualifications for the office of District Attorney?"

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

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill
Overby

Pearce Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Holley Hudson Langford

Reynolds Russell

Timmons Young

On the adoption of the resolution, the yeas were 49, nays 0.

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JOURNAL OF THE SENATE,

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SR 254. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to establish, by general law, minimum qualifica tions for judges of the probate courts; 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 VI, Section XIII of the Constitution is hereby amended by adding at the end thereof a new Paragraph IV, to read as follows:
"Paragraph IV. Judges of the probate courts; qualifications. Any provision of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to establish, by general law, minimum qualifications for judges of the probate courts. The provisions of this paragraph or of any general law enacted pur suant to the provisions of this paragraph shall not apply to any judge of the probate court in office on January 1, 1977."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to establish, by general law,
( ) NO minimum qualifications for judges of the probate courts?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

THURSDAY, JANUARY 22, 1976

297

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Tate Thompson Traylor Tysinger Warren

Those voting in the negative were Senators:

Ballard

Brown of 47th

Button

Those not voting were Senators:

Hill Holley Hudson

Langford Russell Timmons

Turner Young

On the adoption of the resolution, the yeas were 45, nays 3.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following resolutions of the Senate and House were read and adopted:

SR 290. By Senator Starr of the 44th: A resolution commending the City of Riverdale.

SR 291. By Senator Overby of the 49th: A resolution commending Reverend Wyman E. Wood.

HR 553. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A resolution relative to adjournment.

The following resolutions of the Senate and House, favorably reported by the committees, were put upon their adoption:

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JOURNAL OF THE SENATE,

SR 244. By Senators Lester of the 23rd, Reynolds of the 48th and Riley of the 1st:
A resolution urging Congress to balance the national budget.

The resolution was adopted.

HR 478. By Representative Linder of the 44th: A resolution designating Georgia Dental Health Day.

The resolution was adopted.

The following bill of the House was read the first time and referred to committee:

HB 1370. By Representatives Carr of the 105th, Bray of the 70th, Coleman of the 118th, Dent of the 85th and others:
A bill to amend an Act relating to a health insurance plan for State employees so as to authorize the State Personnel Board and the Governor to increase the maximum permissible participation and contribution to the health insurance plan for employees by the State of Georgia.
Referred to Committee on Banking, Finance and Insurance.

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A. M., tomorrow, and the motion prevailed.

At 3:30 o'clock P. M., the President announced the Senate adjourned until 9:30 o'clock A. M. tomorrow.

FRIDAY, JANUARY 23, 1976

299

Senate Chamber, Atlanta, Georgia Friday, January 23,1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M., today, and was called to order by the President Pro Tempore, Senator Holloway of the 12th.

Senator Kennedy of the 4th reported that the journal of yesterday's pro ceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

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

HB 1407. By Representatives Matthews of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved Mar. 3, 1965, as amended, so as to provide an option to certain members of the Police and Fire Departments of the City of Athens with reference to an election of bene fit under said Pension Plan; to repeal conflicting laws.

HB 1420. By Representatives Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to change the qualifications for members of the board of commissioners.

HB 1435. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend an Act creating and establishing the State Court of Colquitt County, formerly known as the City Court of Colquitt County and the Civil and Criminal Court of Colquitt County so as to change the monthly and quarterly terms of said court.

HB 1438. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Bainbridge so as to change the penalty provisions relative to the violation of ordinances of the city.

300

JOURNAL OP THE SENATE,

HB 1439. By Representative Cox of the 141st:
A bill to amend an Act creating a Small Claims Court in Decatur County so as to change the jurisdiction of said court; to change the provisions relative to costs and fees.

HB 1440. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to abolish the office of coroner and create in lieu thereof the office of county medical examiner in all counties of this State having a population of not less than 90,000 and not more than 140,000.

HB 1401. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended, so as to change the provisions relating to vouchers; to provide that members of the General Assembly shall certify that vouchers are true and correct and to make it a crime to certify falsely.

HB 1324. By Representatives Childs of the 51st, Parkman of the 66th, Irvin of the 23rd and others:
A bill to provide that each county and each municipality and any combi nation of any such political subdivisions may exercise the power of planning and zoning.

HB 1348. By Representatives Childs of the 51st, Russell of the 53rd, Hawkins - of the 50th and Vaughn of the 57th:
A bill to amend Code Section 74-9902, relating to the crime of child abandonment, as amended, so as to provide that the mother and the father of the child shall be competent witnesses in such cases.

HB 1349. By Representatives Childs of the 51st, Bray of the 70th, Snow of the 1st and others:
A bill to amend Code Section 30-202.1, making the grant of attorney's fees in cases involving alimony or divorce a final judgment, so as to authorize an attorney granted attorney's fees pursuant to said Code Section to bring an action in his own name to enforce such grant.

HB 1344. By Representatives Davis and Tolbert of the 56th, Richardson of the 52nd and others:
A bill to amend Code Section 9-401, relating to the definition of the practice of law, as amended, so as to authorize corporations, voluntary associations, and individuals which are parties to a dispossessory warrant or distress warrant proceeding to prepare and file the necessary docu ments and to prosecute such proceedings without an attorney.

FRIDAY, JANUARY 23, 1976

301

HB 1325. By Representatives Snow of the 1st, Walker of the 115th, Carnes of the 43rd, Irvin of the 23rd and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing procedure for a review of assessments made by county boards of tax assessors, approved April 6, 1972, as amended, so as to provide that alternate members of the board of equalization, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a member.

HB 1326. By Representatives Snow of the 1st, Walker of the 115th, Carnes of the 43rd and others:
A bill to amend Code Chapter 113-6, relating to the probate and establish ment of wills, as amended, so as to provide additional procedures for tak ing the testimony of witnesses to wills; to provide a form of affidavit to be used.

HB 1323. By Representatives Snow of the 1st, Bray of the 70th, Irvin of the 23rd and others:
A bill to amend Code Section 27-2506 relating to the punishment of misdemeanor offenses, as amended, so as to provide that a judge, in his discretion, may allow misdemeanor sentences of six months or less to be served during the nonworking hours of the defendant.

HB 1002. By Representatives Snow of the 1st, Hatcher of the 131st and Taggart of the 125th:
A bill to amend Code Section 51-101 relating to what is exempt and who may claim constitutional homesteads, so as to change the amount of such exemption.

SB 84. By Senator Starr of the 44th:
A bill to amend Code Chapter 84-11, relating to the practice of optometry, as amended, so as to increase the delinquency penalty for failure to renew registration annually.

SB 280. By Senator Barnes of the 33rd:
A bill to amend Code Section 27-3102, relating to the sale and destruc tion of weapons, so as to provide that weapons used in the commission or attempted commission of a crime may be destroyed when no longer needed for evidentiary purposes.

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

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JOURNAL OF THE SENATE,

HR 465. By Representatives Shanahan of the 7th, Cole of the 6th, Adams of the 14th and others:
A resolution proposing an amendment to the Constitution so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions.

The House has adopted the following resolutions of the Senate:

SR 281. By Senator Doss of the 52nd: A resolution commending Mr. Randy Johnson.

SR 277. By Senator Broun of the 46th: A resolution expressing regrets at the passing of Dr. C. L. Ayers.

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 754. By Representatives Murphy of the 18th, Snow of the 1st, Harris of the 8th and Collins of the 144th:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel so as to provide for the organization of the Committee; to provide for duties and authority of the Legislative Counsel; to provide for legal services.

The following bills of the Senate were introduced, read the first time and referred to committees:

SB 535. By Senator Pearce of the 16th:
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, as amended, so as to re quire telephone companies to publish telephone directories in 10-point Body Type; to provide penalties. Referred to Committee on Consumer Affairs.

SB 536. By Senator Pearce of the 16th:
A bill to require State agencies to require certain reports and agreements from nonprofit contractors who contract with the State agency; to pro vide definitions; to specify the contracts subject to the provisions of this Act; to provide exceptions.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

FRIDAY, JANUARY 23, 1976

303

SB 537. By Senators Doss of the 52nd, Riley of the 1st, Overby of the 49th and others:
A bill to define and reaffirm the applicability of the doctrine of "sovereign immunity" to the Board of Regents of the University Sys tem of Georgia; to provide that except to the extent that the General Assembly may hereafter provide.

Senator Doss of the 52nd moved that SB 537 be engrossed.
On the motion, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley Broun of 46th Carter Coverdell Dean of 31st Doss Duncan Eldridge Faster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

Those not voting were Senators:

Bell Bond Brown of 47th Dean of 6th Fincher Hill

Holley Holloway (presiding) Howard Hudson McGill Riley

Pearce Reynolds Robinson Shapard Starr Stumbaugh Summers Sutton Tate Timmons Traylor Warren Young
Russell Stephens Thompson Turner Tysinger

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 537 was engrossed.
Referred to Committee on Higher Education.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 538. By Senators Robinson of the 27th, Baker of the 18th, Shapard of the 28th and others:
A bill to be known as the "Legislative Procedures Oversight Act"; to provide for a short title; to provide for a definition; to create the Ad ministrative Procedures Oversight Committee; to provide for the mem bers, personnel, funds, powers, duties and authority of the committee.
Referred to Committee on Rules.

304

JOURNAL OF THE SENATE,

SB 539. By Senators Tate of the 38th, Hamilton of the 34th, Dean of the 6th and others:
A bill to amend Code Section 68A-202, relating to the meaning of traffic signal indications, as amended, so as to provide that traffic, except pedestrians, facing a steady circular red signal, after stopping, may make a left turn into a one-way street on which the traffic moves to ward the driver's left, under certain conditions.
Referred to Committee on Transportation.

SB 540. By Senator Bell of the 5th: A bill to amend Code Section 26-2903, relating to carrying a pistol or revolver without a license, so as to provide that the license to carry a pistol or revolver must be carried on the person; to provide an effective date.
Referred to Committee on Judiciary.
SB 541. By Senators Tysinger of the 41st and Timmons of the llth: A bill to amend Code Title 68B, known as "The Driver's Licensing Act", so as to provide that certain persons need not be licensed; to provide that persons at least sixteen years of age shall be licensed upon comple tion of an approved course in driver education or training.
Referred to Committee on Transportation.
SR 292. By Senator McDowell of the 2nd: A resolution creating the Visual Care Overview Committee of Georgia.
Referred to Committee on Rules.
SR 293. By Senators Foster of the 50th, Overby of the 49th and Broun of the 46th: A resolution relative to the ownership of land in the State of Georgia by the United States Forest Service.
Referred to Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:
HB 1002. By Representatives Snow of the 1st, Hatcher of the 131st, and Taggart of the 125th: A bill to amend Code Section 51-101 relating to what is exempt and who may claim constitutional homesteads, so as to change the amount of such exemption.
Referred to Committee on Banking, Finance and Insurance.

FRIDAY, JANUARY 23, 1976

305

HB 1323. By Representatives Snow of the 1st, Bray of the 70th, Tucker of the 73rd and others:
A bill to amend Code Section 27-2506 relating to the punishment of misdemeanor offenses, as amended, so as to provide that a judge, in his discretion, may allow misdemeanor sentences of six months or less to be served during the nonworking hours of the defendant. Referred to Committee on Judiciary.

HB 1324. By Representatives Childs of the 51st, Parkman of the 66th, Irvin of the 23rd and others:
A bill to provide that each county and each municipality and any combi nation of any such political subdivisions may exercise the power of planning and zoning. Referred to Committee on County and Urban Affairs.
HB 1325. By Representatives Snow of the 1st, Walker of the 115th, Carnes of the 43rd and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing procedure for a review of assessments made by county boards of tax assessors, approved April 6, 1972, as amended, so as to provide that alternate members of the board of equalization, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a member. Referred to Committee on Judiciary.
HB 1326. By Representatives Snow of the 1st, Walker of the 115th, Carnes of the 43rd and others:
A bill to amend Code Chapter 113-6, relating to the probate and estab lishment of wills, as amended, so as to provide additional procedures for taking the testimony of witnesses to wills; to provide a form of affidavit to be used. Referred to Committee on Judiciary.
HB 1344. By Representatives Davis and Tolbert of the 56th, Richardson of the 52nd and others:
A bill to amend Code Section 9-401, relating to the definition of the practice of law, as amended, so as to authorize corporations, voluntary associations, and individuals which are parties to a dispossessory war rant or distress warrant proceeding to prepare and file the necessary documents and to prosecute such proceedings without an attorney. Referred to Committee on Judiciary.
HB 1348. By Representatives Childs of the 51st, Russell of the 53rd, Hawkins of the 50th and others:
A bill to amend Code Section 74-9902, relating to the crime of child abandonment, as amended, so as to provide that the mother and the father of the child shall be competent witnesses in such cases. Referred to Committee on Judiciary.

306

JOURNAL OF THE SENATE,

HB 1349. By Representatives Childs of the 51st, Bray of the 70th, Tucker of the 73rd and others:
A bill to amend Code Section 30-202.1, making the grant of attorney's fees in cases involving alimony or divorce a final judgment, so as to authorize an attorney granted attorney's fees pursuant to said Code Section to bring an action in his own name to enforce such grant.
Referred to Committee on Judiciary.

HB 1401. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A bill to amend Code Section 47-107, relating to the salary and allow ances to members of the General Assembly, as amended, so as to change the provisions relating to vouchers; to provide that members of the General Assembly shall certify that vouchers are true and correct and to make it a crime to certify falsely. Referred to Committee on Rules.
HB 1407. By Representatives Matthews of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved Mar. 3, 1965, as amended, so as to provide an option to certain members of the Police and Fire Departments of the City of Athens with reference to an election of benefit under said Pension Plan. Referred to Committee on County and Urban Affairs.
HB 1420. By Representatives Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to change the qualifications for members of the board of commissioners. Referred to Committee on County and Urban Affairs.
HB 1435. By Represenatives Matthews of the 145th and Collins of the 144th:
A bill to amend an Act creating and establishing the State Court of Colquitt County, formerly known as the City Court of Colquitt County and the Civil and Criminal Court of Colquitt County so as to change the monthly and quarterly terms of said court. Referred to Committee on County and Urban Affairs.
HB 1438. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Bainbridge so as to change the penalty provisions relative to the violation of ordinances of the city. Referred to Committee on County and Urban Affairs.

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307

HB 1439. By Representative Cox of the 141st:
A bill to amend an Act creating a Small Claims Court in Decatur County so as to change the jurisdiction of said court; to change the provisions relative to costs and fees. Referred to Committee on County and Urban Affairs.

HB 1440. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to abolish the office of coroner and create in lieu thereof the office of county medical examiner in all counties of this State having a population of not less than 90,000 and not more than 140,000. Referred to Committee on County and Urban Affairs.

HR 465. By Representatives Shanahan of the 7th, Cole of the 6th, Adams of the 14th and others:
A resolution proposing an amendment to the Constitution so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generat ing and distribution systems must participate in the election authorizing such actions.
Referred to Committee on Judiciary.

The following reports of standing committees were read by the Secretary:

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 456. Do pass. SB 457. Do not pass. SB 458. Do pass by substitute. HB 783. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Retirement has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 425. Do pass.
SB 452. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 413. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 68-205, relating to the registration of motor vehicles and applications therefor, as amended, so as to prohibit the State Revenue Commissioner and officials and employees of the State Revenue Department from revealing the names and addresses of persons who have registered motor vehicles, except under certain cir cumstances.

SB 429. By Senator Kidd of the 25th:
A bill to amend an Act defining the grounds for termination of the contracts of teachers, principals and other employees having a contract for a definite term, so as to provide that certain teachers, principals or other employees who are indicted or charged with the commission of certain criminal offenses shall be relieved from duty for certain periods of time.

SB 445. By Senator Barnes of the 33rd:
A hill to provide the circumstances under which any principal or teacher in any public school system in this State may administer corporal punish ment; to provide the procedures connected therewith; to repeal an Act relating to corporal punishment.

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limitations rela tive to certain actions.

SB 465. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 7, relating to arbitration and award, so as to add a new Code Chapter relating to arbitration of medical mal-

FRIDAY, JANUARY 23, 1976

309

practice claims; to provide for definitions; to authorize the arbitration of certain claims; to provide for petitions and court orders relative to such arbitration.

SR 272. By Senators Barker of the 18th, Banks of the 17th, Starr of the 44th and others:
A resolution designating a portion of U. S. Highway 41 and a portion of U. S. Highway 341 as the "Peach Blossom Trail".

HB 542. By Representatives Egan of the 25th, Sams of the 90th, Snow of the 1st and others:
A bill to amend an Act known as the "Disposition of Unclaimed Proper ty Act" so as to change the period of time after which certain property shall be presumed abandoned.

HB 1259. By Representative Egan of the 25th:
A bill to repeal an Act entitled "An Act to protect trade-mark owners, producers, distributors and the general public against injurious and uneconomic practices in the distribution of competitive commodities bear ing a distinguishing trade-mark, brand or name, through the use of voluntary contracts establishing minimum resale prices.

HR 307. By Representatives Whitmire, Wood, and Jackson of the 9th:
A resolution designating Interstate Highway 365 (1-365) as the "Lanier Land Parkway".

The following local, uncontested bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

SB 293. By Senator Garrard of the 37th: A bill to regulate the assessment, levy and collection of ad valorem taxes for the support of public schools in certain municipalities; to provide procedures connected therewith; to limit the millage rate; to provide for revenues to be paid to the city and remitted to the board of education; to provide for applicability.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.

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

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JOURNAL OF THE SENATE,

SB 428. By Senator Kidd of the 25th:
A bill to provide that in all counties of this State having a population of not less than 33,527 and not more than 34,513 according to the United States Decennial Census of 1970, and in all municipalities in such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 251. By Representative Greer of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County so as to change the conditions of eligibility for membership and pension benefits of the district attorney of the Superior Court of Fulton County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 994. By Representative Matthews of the 145th:
A bill to provide a new Charter for the City of Berlin, Georgia, in the County of Colquitt.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1179. By Representative Larsen of the 119th:
A bill to authorize the governing authority in certain counties to deter mines the compensation of the county treasurer.

FRIDAY, JANUARY 23, 1976

311

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1261. By Representatives Wall of the 61st and Russell of the 64th: A bill to amend an Act creating a new charter for the town of Auburn, approved Feb. 17, 1949, as amended, so as to provide that the mayor and council shall have the power to compel the attendance of its members at any regular or special meeting of the council.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1267. By Representative Lambert of the 112th: A bill to amend an Act creating a new charter for the City of Madison, approved Oct. 6, 1891, (Ga. Laws 1890-91, Vol. II, p. 827), as amended, so as to change the terms of office of the mayor and councilmen; to provide for the election of the mayor and councilmen by a plurality vote.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1286. By Representatives Clark, Milford and Mann of the 13th: A bill to amend an Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, the Tax Commissioner and the Coroner of Madison County, known as the fee system, and providing in lieu thereof annual salaries for such officers, as amended, so as to change the provisions relating to the compensation of the tax commissioner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1287. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act placing the Judge of the Probate Court of Heard County upon an annual salary so as to change the compensation of the Judge of the Probate Court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1288. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act consolidating the offices of the Tax Receiver and Tax Collector of Heard County into the office of Tax Commissioner, approved April 18, 1929 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 yeas were 48, nays 0.

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

HB 1289. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Heard County upon an annual salary so as to change the compensation of the Clerk of the Superior Court of Heard 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 yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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313

HB 1290. By Representatives Ware of the 68th, and Glanton and Parkman of the 66th:
A bill to amend an Act placing the sheriff of Heard County upon an annual salary, approved Feb. 9, 1965 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 yeas were 48, nays 0.

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

HB 1306. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the Town of Uvalda so as to change the provisions relating to the granting of 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 yeas were 48, nays 0.

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

HB 1307. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Glenwood so as to change the provisions relating to the granting of 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 yeas were 48, nays 0.

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

HB 1322. By Representative Cox of the 141st: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary for such officer.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1004. By Representative Matthews of the 145th:
A bill to provide a new Charter for the City of Norman Park, Georgia, in the County of Colquitt.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1004 by striking from line 22 of Page 7, from line 3 of Page 21, from line 5 of Page 23, from line 18 of Page 23, from line 23 of Page 23, from line 25 of Page 23, from line 27 of Page 23, from line 31 of Page 23, from line 1 of Page 24, from line 6 of Page 24, from line 26 of Page 24, from line 29 of Page 24, from line 32 of Page 24, from line 3 of Page 25, from line 11 of Page 25, from line 23 of Page 25, and from line 30 of Page 25, the following:
"mayor's court",
and inserting in lieu thereof the following:
"recorder's court".
By striking from line 19 of Page 22, and from line 20 of Page 22, the following:
"Mayor's",
and inserting in lieu thereof the following:
"Recorder's".
By striking from line 4 of Page 23 the following:
"The mayor shall serve",
and inserting in lieu thereof the following:
"The City Council shall appoint a person to serve."
By adding, on line 5 of Page 23, following the word "and", the following:
"such judge".
By striking from line 12 of Page 15 the following:

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315

"amy",

and inserting in lieu thereof the following: "may".

By striking from line 27 of Page 16 the following: "a",

and inserting in lieu thereof the following: "at".

By striking from line 23 of Page 36 the following: "May 1, 1975",
and inserting in lieu thereof the following: "May 1, 1976".
On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

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, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 1092. By Representative Collins of the 144th: A bill to provide a new charter for the City of Baconton, Ga., in the County of Mitchell.
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1092 by adding following the word "receives" on line 14 of Page 38, the following:
", as determined by the city council,".
On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

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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, the yeas were 48, nays 0.

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

Senator Holloway of the 12th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Traylor Tysinger Warren Young

Those not answering were Senators:

Bond Hill

Holloway (presiding) Thompson

Timmons Turner

Senator Bell of the 5th introduced the chaplain of the day, Rev. Lester Buice, pastor of Rehoboth Baptist Church, Tucker, Georgia, who offered scripture reading and prayer.

SENATE CALENDAR
Friday, January 23, 1976
SR 248. Governor and Lieutenant Governor--elected jointly (SUB) (AM) SB 439. Secondary Security Deeds--rate of charge SB 441. Depository Board--frequency of meetings SB 463. Borrowing of $25,000 or More--interest rates SB 468. Witness--provide extradition and attendance (SUB) SB 470. Georgia Industrial Loan Act--penalties for violations

FRIDAY, JANUARY 23, 1976

317

SR 260. Certain Tangible Personal Property in Transit--tax exemption HB 214. Service of Notices, Summons--incorporated cities HB 922. Gift to State--no right in payee

The following general resolution of the Senate, favorably reported by the committee, read the third time on January 22, 1976, and postponed, was put upon its adoption:

SR 248. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide, beginning with the year 1978, that the Governor and Lieutenant Governor shall be elected jointly as a unit instead of separately; to provide the procedure connected therewith; to provide for the election of the President of the Senate by the Senators; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph VII of the Constitution, relating to the Lieutenant Governor, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:
"Paragraph VII. Lieutenant Governor; Succession to Executive Power.--There shall be a Lieutenant Governor who shall have the same qualifications as the Governor. He shall be elected at the same time and for the same term as the Governor. The Governor and Lieutenant Governor shall be elected jointly as a unit by the casting by each voter of a single vote for Governor and Lieutenant Governor. At the time any person qualifies with a political party to seek nomination as that political party's candidate for Governor, he shall designate the name of the person who shall run with him as a candidate for Lieutenant Governor. No person shall qualify to seek nomination as a candidate for Lieutenant Governor. The name of the candidate for Governor and the name of the candidate for Lieutenant Governor shall be listed on the ballot in the primary as a unit, and every person voting in said primary shall cast only one vote for the office of Governor and Lieutenant Governor. The same procedure for listing candidates for said offices shall be used in the general election, and persons voting in the general election shall also vote for Governor and Lieutenant Governor as a unit. When any notice of intention of a person to be a write-in candidate for Governor is given as provided in this Constitution, the name of such person's choice as candidate for Lieutenant Governor shall be given at the same time.

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The Lieutenant Governor shall act as the Executive Secretary of the Governor and shall have such duties as shall be provided by law and by the Governor. He shall receive such compensation and allowances as shall be provided by law.

In case of the death, resignation or disability of the Governor, the Lieutenant Governor shall become Governor for the unexpired term. In case of the death, resignation or disability of both the Governor and the Lieutenant Governor, the President of the Senate shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election which shall be held within 90 days from the date on which the President of the Senate shall assume the executive power.

For the purpose of electing the Governor and the Lieutenant Governor, the provisions of this Paragraph shall be applicable to the primaries and elections in 1978 and to all primaries and elec tions thereafter. For all other purposes, the provisions of this Paragraph shall not become effective until the first day of the regular session of the General Assembly in 1979. Until that time, the provisions of this Paragraph as they existed prior to the ratifica tion of this amendment shall remain in force and effect, and the Lieutenant Governor serving at the time of the ratification of this amendment shall continue to serve, subject to the provisions of laws applicable thereto and the provisions of this Constitution, until the first day of the regular session of the General Assembly in 1979. Except as provided in this Paragraph, wherever the words 'Lieutenant Governor' appear in this Constitution and in any statute, such words shall be held and taken to mean the 'President of the Senate', and such words are hereby stricken and the words 'President of the Senate' are hereby inserted in lieu thereof."

Section 2. Article III, Section V, Paragraph II of the Constitution is hereby amended by adding at the end of the first sentence thereof the following:

"and, effective on the first day of the 1979 regular session of the General Assembly, the President of the Senate shall be elected viva voce",

so that when so amended, Article III, Section V, Paragraph II shall read as follows:

"Paragraph II. President. The presiding officer of the Senate shall be styled the President of the Senate and, effective on the first day of the 1979 regular session of the General Assembly, the President of the Senate shall be elected viva voce. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succession to the executive power."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

FRIDAY, JANUARY 23, 1976

319

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to pro vide that beginning in the year 1978 the Governor
( ) NO and Lieutenant Governor shall be elected jointly as a unit instead of separately and to provide that the President of the Senate shall be elected by the Senators?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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 Senate Committee on Rules offered the following substitute to SR 248:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide, beginning with the year 1978, that the Governor and Lieutenant Governor shall be elected jointly as a unit instead of separately; to provide the procedure connected therewith; to provide for succession; to provide for the election of the President of the Senate by the Senators; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph VII of the Constitution, relating to the Lieutenant Governor, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:
"Paragraph VII. Lieutenant Governor; Succession to Execu tive Power.--There shall be a Lieutenant Governor who shall have the same qualifications as the Governor. He shall be elected at the same time and for the same term as the Governor. The Governor and Lieutenant Governor shall be elected jointly as a unit by the casting by each voter of a single vote for Governor and Lieutenant Governor. At the time any person qualifies with a political party to seek nomination as that political party's candidate for Governor, he shall designate the name of the person who shall run with him as a candidate for Lieutenant Governor. No person shall qualify to seek nomination separately as a candidate for Lieutenant Governor. The name of the candidate for Governor and the name of the candidate for Lieutenant Governor shall be listed on the ballot in the primary as a unit, and every person voting in said primary shall cast only one vote for the offices of Governor and Lieutenant Governor. The same procedure for listing candidates for said offices

320

JOURNAL OP THE SENATE,

shall be used in the general election, and persons voting in the general election shall also vote for Governor and Lieutenant Governor as a unit. When any notice of intention of a person to be a write-in candidate for Governor is given as provided in this Constitution, the name of such person's choice as candidate for Lieutenant Governor shall be given at the same time.

The Lieutenant Governor shall be in the Executive Branch of Government and shall have such duties as shall be provided by law. The Governor may assign duties to the Lieutenant Governor if such duties do not conflict with those provided by law. The Lieuten ant Governor shall receive such compensation and allowances as shall be provided by law.

In case of the death, resignation or disability of the Governor, the Lieutenant Governor shall become Governor for the unexpired term. In that event a special election for the purpose of electing a Lieutenant Governor to serve for the unexpired term shall be held within 90 days from the date on which the Lieutenant Governor becomes Governor. Upon the Lieutenant Governor becoming Gov ernor he shall appoint a person to serve as Lieutenant Governor until the person elected in such special election takes office as Lieutenant Governor. The person so appointed shall not be eligible to become Governor in the event the Governor dies, resigns or becomes disabled prior to the time the person who is elected in such special election takes office as Lieutenant Governor.
In case of the death, resignation or disability of the Lieutenant Governor, a special election for the purpose of electing a Lieutenant Governor to serve for the unexpired term shall be held within 90 days from the date of such event. In case of the death, resignation or disability of the Lieutenant Governor, the Governor shall appoint a person to serve as Lieutenant Governor until the person elected in such special election takes office as Lieutenant Governor. The person so appointed shall not be eligible to become Governor in the event the Governor dies, resigns or becomes disabled prior to the time the person who is elected in such special election takes office as Lieutenant Governor.
In case of the death, resignation or disability of both the Governor and the Lieutenant Governor, the President of the Senate shall exercise the executive power. In that event a special election for the purpose of electing a Governor and a Lieutenant Governor shall be held within 90 days from the date on which the President of the Senate shall assume the executive power. In such election the Governor and Lieutenant Governor shall be elected jointly as a unit in the same manner as provided herein for the primaries and general elections. After the President of the Senate ceases to exercise the executive power he shall return to serve as President of the Senate.
In case of the death, resignation or disability of the Governor, the Lieutenant Governor and the President of the Senate, the Speaker of the House of Representatives shall exercise the executive power in lieu of a President Pro Tempore of the Senate who

FRIDAY, JANUARY 23, 1976

321

becomes President of the Senate as provided in Paragraph II of Section V of Article III of this Constitution. In that event a special election for the purpose of electing a Governor and a Lieutenant Governor shall be held within 90 days from the date on which the Speaker of the House of Representatives shall assume the executive power. In such election the Governor and Lieutenant Governor shall be elected jointly as a unit in the same manner as provided herein for the primaries and general elections. After the Speaker of the House of Representatives ceases to exercise the executive power he shall return to serve as Speaker of the House of Representatives.

In case of the death, resignation or disability of the Governor-

elect, the Lieutenant Governor-elect shall become Governor-elect

and take the place of the person T"1 - < Governor-elect. In case of

the death, resignation or d->

'ie Lieutenant Governor-

elect or if the Lieutenant Gi,._-.i_- ~.^i, becomes Governor-elect,

the same provisions applicable to the death, resignation or disability

of the Lieutenant Governor shall apply when the Governor-elect

becomes Governor.

In case of the death, resignation or disability of both the Governor-elect and the Lieutenant Governor-elect, the Governor and Lieutenant Governor in office at such time shall continue in office, and a special election for the purpose of electing a Governor and a Lieutenant Governor shall be held within 90 days from the first day of the legislative session at which the Governor-elect and the Lieutenant Governor-elect would have been inaugurated. In such election the Governor and Lieutenant Governor shall be elected jointly as a unit in the same manner as provided herein for the primaries and general elections. The Governor and the Lieutenant Governor in office shall continue in office until the persons elected in such special election take office as Governor and Lieutenant Governor.

The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. All such special elections provided for in this Paragraph shall be called and held as provided by law. The certification from the counties of the results of any special election held pursuant to this Paragraph shall be transmitted to the Secretary of State who shall tabulate and certify the total results. Any person elected in such a special election shall take office on the day after the certification of the results by the Secretary of State.

For the purpose of electing the Governor and the Lieutenant Governor, the provisions of this Paragraph shall be applicable to the primaries and elections in 1978 and to all primaries and elections thereafter. For all other purposes, the provisions of this Paragraph shall not become effective until the first day of the regular session of the General Assembly in 1979. Until that time, the provisions of this Paragraph as they existed prior to the ratification of this amendment shall remain in force and effect, and the Lieutenant Governor serving at the time of the ratification

322

JOURNAL OF THE SENATE,

of this amendment shall continue to serve, subject to the provisions of laws applicable thereto and the provisions of this Constitution, until the first day of the regular session of the General Assembly in 1979. Except as provided in this Paragraph, wherever the words 'Lieutenant Governor' appear in this Constitution and in any statute, such words shall be held and taken to mean 'President of the Senate', and such words are hereby stricken and the words 'President of the Senate' are hereby inserted in lieu thereof."

Section 2. Article III, Section V, Paragraph II of the Constitution, relating to the President of the Senate, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph II, to read as follows:

"Paragraph II. President and President Pro Tempore. The presiding officer of the Senate shall be styled the President of the Senate and shall be elected viva voce from the Senators. A President Pro Tempore shall be elected viva voce from the Senators and shall become President in case of the death, resignation or disability of the President. In the event of the succession of the President to the executive power, the President Pro Tempore shall act as Presi dent until the President ceases to exercise the executive power. In the event the President Pro Tempore becomes President while the General Assembly is in session, the Senate shall elect a President Pro Tempore viva voce from the Senators. In the event the President Pro Tempore becomes President at a time when the General Assembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session during the same term whether it be a regular session or extraordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. The provisions of this Paragraph shall not become effective until the first day of the regular session of the General Assembly in 1979. Until that time the provisions of this Paragraph as they existed prior to the ratification of this amendment shall remain in force and effect."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the fololwing:

"( ) YES Shall the Constitution be amended so as to pro vide that beginning in the year 1978 the Governor
( ) NO and Lieutenant Governor shall be elected jointly as a unit instead of separately and to provide that the President of the Senate shall be elected by the Senators?"

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".

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323

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.

Senator Reynolds of the 48th offered the following substitute to SR 248:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide, beginning with the year 1978, that the Governor and Lieutenant Gover nor shall be elected jointly as a unit instead of separately; to provide the procedure connected therewith; to provide for succession; to provide for the election of the President of the Senate by the Senators; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph VII of the Constitution, relating to the Lieutenant Governor, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:

"Paragraph VII. Lieutenant Governor; Succession to Execu tive Power.-- (a) There shall be a Lieutenant Governor who shall have the same qualifications as the Governor. He shall be elected at the same time and for the same term as the Governor. The Governor and Lieutenant Governor shall be elected jointly as a unit by the casting by each voter of a single vote for Governor and Lieutenant Governor. At the time any person qualifies with a political party to seek nomination as that political party's candidate for Governor, he shall designate the name of the person who shall run with him as a candidate for Lieutenant Governor. No person shall qualify to seek nomination separately as a candidate for Lieutenant Governor. The name of the candidate for Governor and the name of the candidate for Lieutenant Governor shall be listed on the ballot in the primary as a unit, and every person voting in said primary shall cast only one vote for the offices of Governor and Lieutenant Governor. The same procedure for listing candidates for said offices shall be used in the general election, and persons voting in the general election shall also vote for Governor and Lieutenant Governor as a unit. When any notice of intention of a person to be a write-in candidate for Governor is given as provided in this Constitution, the name of such person's choice as candidate for Lieutenant Governor shall be given at the same time.

(b) The Lieutenant Governor shall be in the Executive Branch of Government and shall have such duties as shall be provided by law. The Governor may assign duties to the Lieutenant Governor if such duties do not conflict with those provided by law. The Lieutenant Governor shall receive such compensation and allowances as shall be provided by law.

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(c) In case of the death, resignation or disability of the Governor, the Lieutenant Governor who was elected with the Governor shall become Governor for the unexpired term. Upon the Lieutenant Governor becoming Governor he shall appoint a person to serve as Lieutenant Governor for the unexpired term. Such appointment must be confirmed by the Senate and the House of Representatives.

(d) In case of the death, resignation or disability of the Lieutenant Governor, the Governor shall appoint a person to serve as Lieutenant Governor for the unexpired term. Such appointment must be confirmed by the Senate and the House of Representatives.

(e) In case of the death, resignation or disability of the Governor at a time when an appointed Lieutenant Governor is in office, such Lieutenant Governor shall call a special election to be held within 90 days from the date of the Governor's death, resignation or disability, in which special election a Governor and a Lieutenant Governor shall be elected jointly as a unit in the same manner as provided herein for the primaries and general elections. The appointed Lieutenant Governor's term shall expire at the time the person who is elected in such special election takes office as Lieutenant Governor. An appointed Lieutenant Governor shall be elegible to be a candidate for either Governor or Lieutenant Governor in such special election.

(f) In case of the death, resignation or disability of both the Governor and the Lieutenant Governor, the President of the Senate shall exercise the executive power. In that event a special election for the purpose of electing a Governor and a Lieutenant Governor shall be held within 90 days from the date on which the President of the Senate shall assume the executive power. In such election the Governor and Lieutenant Governor shall be elected jointly as a unit in the same manner as provided herein for the primaries and general elections. After the President of the Senate ceases to exercise the executive power he shall return to serve as President of the Senate.

(g) In case of the death, resignation or disability of the Governor, the Lieutenant Governor and the President of the Senate, the Speaker of the House of Representatives shall exercise the executive power in lieu of a President Pro Tempore of the Senate who becomes President of the Senate as provided in Paragraph II of Section V of Article III of this Constitution. In that event a special election for the purpose of electing a Governor and Lieuten ant Governor shall be held within 90 days from the date on which the Speaker of the House of Representatives shall assume the executive power. In such election the Governor and Lieutenant Governor shall be elected jointly as a unit in the same manner as provided herein for the primaries and general elections. After the Speaker of the House of Representatives ceases to exercise the executive power he shall return to serve as Speaker of the House of Representatives.
(h) In case of the death, resignation or disability of the Governor-elect, the Lieutenant Governor-elect shall become Governor-

FRIDAY, JANUARY 23, 1976

325

elect and take the place of the person who was Governor-elect. In case of the death, resignation or disability of the Lieutenant Governor-elect or if the Lieutenant Governor-elect becomes Gov ernor-elect, the same provisions applicable to the death, resignation or disability of the Lieutenant Governor shall apply when the Governor-elect becomes Governor.

(i) In case of the death, resignation or disability of both the Governor-elect and the Lieutenant Governor-elect, the Governor
and Lieutenant Governor in office at such time shall continue in office, and a special election for the purpose of electing a Governor and a Lieutenant Governor shall be held within 90 days from the first day of the legislative session at which the Governor-elect and the Lieutenant Governor-elect would have been inaugurated. In such election the Governor and Lieutenant Governor shall be elected jointly as a unit in the same manner as provided herein for the primaries and general elections. The Governor and the Lieutenant Governor in office shall continue in office until the persons elected in such special election take office as Governor and Lieutenant Governor.

(j) The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. All special elections provided for in this Paragraph, unless specifically provided otherwise, shall be called and held as provided by law. The certification from the counties of the results of any special election held pursuant to this Paragraph shall be transmitted to the Secretary of State who shall tabulate and certify the total results. Any person elected in such a special election shall take office on the day after the certification of the results by the Secretary of State.

(k) For the purpose of electing the Governor and the Lieutenant Governor, the provisions of this Paragraph shall be applicable to the primaries and elections in 1978 and to all primaries and elections thereafter. For all other purposes, the provisions of this Paragraph shall not become effective until the first day of the regular session of the General Assembly in 1979. Until that time, the provisions of this Paragraph as they existed prior to the ratification of this amendment shall remain in force and effect, and the Lieutenant Governor serving at the time of the ratification of this amendment shall continue to serve, subject to the provisions of laws applicable thereto and the provisions of this Constitution, until the first day of the regular session of the General Assembly in 1979. Except as provided in this Paragraph, wherever the words 'Lieutenant Governor' appear in this Constitution and in any statute, such words shall be held and taken to mean 'President of the Senate', and such words are hereby stricken and the words 'President of the Senate' are hereby inserted in lieu thereof."

Section 2. Article III, Section V, Paragraph II of the Constitution, relating to the President of the Senate, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph II, to read as follows:

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"Paragraph II. President and President Pro Tempore. The presiding officer of the Senate shall be styled the President of the Senate and shall be elected viva voce from the Senators. A President Pro Tempore shall be elected viva voce from the Senators and shall become President in case of the death, resignation or disability of the President. In the event of the succession of the President to the executive power, the President Pro Tempore shall act as President until the President ceases to exercise the executive power. In the event the President Pro Tempore becomes President while the General Assembly is in session, the Senate shall elect a President Pro Tempore viva voce from the Senators. In the event the President Pro Tempore becomes President at a time when the General Assembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session, if any, during the same term, whether it be a regular session or an extraordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Para graph. The provisions of this Paragraph shall not become effective until the first day of the regular session of the General Assembly in 1979. Until that time the provisions of this Paragraph as they existed prior to the ratification of this amendment shall remain in force and effect."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to pro vide that beginning in the year 1978 the Gov-
( ) NO ernor and Lieutenant Governor shall be elected jointly as a unit instead of separately and to provide that the President of the Senate shall be elected by the Senators?"

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.

Senator Reynolds of the 48th asked unanimous consent that his substitute to SR 248 be withdrawn, and consent was granted.

Senator McDowell of the 2nd offered the following substitute to SR 248:

A RESOLUTION

Proposing an amendment to the Constitution so as to abolish the office of Lieutenant Governor; to provide for the election of a President

FRIDAY, JANUARY 23, 1976

327

of the Senate viva voce from said body; to provide for succession to the office of Governor; to provide for the election of a Speaker Pro Tempore under certain conditions; to provide an effective date; to provide for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article III, Section V, Paragraph II of the Constitution is hereby amended by adding at the end of the first sentence thereof the following:
"and, effective on the first day of the 1977 regular session of the General Assembly, the President of the Senate shall be elected viva voce from the Senators",
so that when so amended, Article III, Section V, Paragraph II shall read as follows:
"Paragraph II. President. The presiding officer of the Senate shall be styled the President of the Senate and, effective on the first day of the 1977 regular session of the General Assembly, the President of the Senate shall be elected viva voce from the Senators. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succession to the executive power."
Section 2. Article V, Section I of the Constitution is hereby amended by striking Paragraph VII in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:

"Paragraph VII. Lieutenant Governor. Succession to Execu tive Power, (a) There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate, and shall receive the sum of $2,000.00 per annum. In case of the death, resignation, or disability of the Governor, the Lieutenant Governor, and in case of the death or resignation of the Governor-Elect, the Lieutenant Governor-Elect, who shall be deemed to be the Governor's successor, upon becoming the Lieutenant Governor, shall exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the

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unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutentant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. A Lieutenant Governor shall be elected at the general election in 1946 and shall qualify at the same time as the Governor. Until the qualification of a Lieutenant Governor the provisions of Article V, Section I, Paragraph VIII of the Constitution of Georgia of 1877 shall remain of full force and effect.

(b) The provisions of subparagraph (a) of this Paragraph to the contrary notwithstanding, the office of Lieutenant Governor is hereby abolished, effective on the first day of the 1977 regular session of the General Assembly, and no person shall serve as Lieutenant Governor after such date. On or after said first day of the 1977 regular session of the General Assembly, upon a vacancy occurring in the office of Governor as a result of the death, resigna tion, removal from office, or disability of the Governor or GovernorElect, said vacancy shall be filled as follows:

1. If the vacancy occurs between the beginning of the term of the office of the Governor whose office is vacant and sixty days before the general election for members of the General Assembly, which election is the first of such elections held within the term of office of the Governor whose office is vacant and which election is hereafter referred to as 'first election of term,' the President of the Senate shall exercise the executive power and receive the com pensation of Governor until a successor to the Governor is elected and qualified. The election of the successor to the Governor shall be held during the first election of term. The successor so elected shall immediately assume the duties of his office upon qualification and shall serve for the remainder of the unexpired term of office of the Governor whose office is vacant. Said elected successor to the office of Governor shall become Governor in fact and shall be entitled to all of the emoluments, perquisites, powers, and duties upon taking the oath of office.

2. If the vacancy occurs at any time other than that specified in paragraph (b) (1) of this Paragraph, the President of the Senate shall exercise the executive power and receive the compensation of Governor from the time of said vacancy until the expiration of the term of office of the Governor whose office is vacant.

(c) On or after the first day of the 1977 regular session of the General Assembly, upon a vacancy occurring in the office of Gov ernor as a result of the death, resignation, removal from office, or disability of the President of the Senate who had succeeded to the executive power as provided in paragraph (b) of this Paragraph, the Speaker of the House of Representatives shall exercise the executive power and receive the compensation of the Governor in the same manner and under the same conditions as provided for the President of the Senate in paragraph (b) of this Paragraph, in

FRIDAY, JANUARY 23, 1976

329

which event a Speaker Pro Tempore shall be elected viva voce from the House of Representatives to serve as presiding officer of said House.

(d) The General Assembly shall provide by law for just and adequate compensation for any additional duties assumed by the President of the Senate, which duties arise from his position as potential successor to the Governor as provided in paragraph (b) of this Paragraph.

(e) The General Assembly in case of a vacancy in the office of Governor as a result of the death, resignation, removal from office, or disability of the Governor, shall provide by law for just and adequate compensation for any additional duties assumed by the Speaker of the House of Representatives, which duties arise from his position as potential successor to the office of Governor as pro vided in paragraph (c) of this Paragraph."

Section 3. Article V, Section I, Paragraph XI of the Constitution is hereby amended by striking from said Paragraph the following:

"Lieutenant Governor",

and inserting in lieu thereof the following:

"President of the Senate",

so that when so amended, Paragraph XI shall read as follows:

"Paragraph XL Reprieves and pardons; State Board of Par dons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the ap plication of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by the General Assembly. Until changed by the General Assembly, the Board shall consist of three members. The additional members of the Board, if added by the General Assembly, and the successors to the present members and all members of the Board

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who are subsequently appointed to fill vacancies shall continue to serve on the Board for a period of seven years or until they shall be removed from office for cause by the unanimous action of the Governor, President of the Senate and Attorney General or by the judgment of the Senate in a trial of impeachment. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. The present members of the Board shall serve out the terms to which they were appointed. The Gover nor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General Assembly, the members shall continue to receive that compensation which the present members are receiving. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such Board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. If any member for any cause is unable to serve in any case involving capital punishment when the Board shall consist of three members, the Governor shall act as the third mem ber of said Board and the action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law.

Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph."

Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to abolish the office of Lieutenant Governor, effective on the
( ) NO first day of the 1977 regular session of the General Assembly; to provide for election of the President of the Senate viva voce from said body; and to provide for succession to the office of Governor?"

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".

FRIDAY, JANUARY 23, 1976

331

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.

Senator McDowell of the 2nd offered the following amendment:
Amend the substitute offered by Senator McDowell of the 2nd to SR 248 as follows:
On Page 1, line 22, after the word "effective" add "upon resigna tion of the present Lt. Governor or/and change date to 1977"; and
On Page 3, line 16, after the word "effective" add "upon resignation of the present Lt. Governor";
and
On Page 3, line 17 change date to 1979; and
On Page 4, line 21, change 1977 to 1979; and
On Page 8, line 7, add after the word "effective", "upon resignation of the present Lt. Governor";
and
Change date to 1979.

Senator McDowell of the 2nd asked unanimous consent that the substitute offered by him to SR 248 be withdrawn, and consent was granted.
Senator McDowell of the 2nd offered the following substitute to the committee substitute to SR 248:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of a President of the Senate viva voce from said body; to change the duties of the office of Lieutenant Governor; to change the manner of appointing the Executive Officer and Administrative Head of the Department of Community Development; to provide an effective

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JOURNAL OF THE SENATE,

date; to provide for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Article III, Section V, Paragraph II of the Constitution is hereby amended by adding at the end of the first sentence thereof the following:

"and, effective on the first day of the 1977 regular session of the General Assembly, the President of the Senate shall be elected viva voce from the Senators",

so that when so amended, Article III, Section V, Paragraph II shall read as follows:

"Paragraph II. President. The presiding officer of the Senate shall be styled the President of the Senate and, effective on the first day of the 1979 regular session of the General Assembly, the Presi dent of the Senate shall be elected viva voce from the Senators. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of the death, resignation or disability of the President, or in the event of his succession to the executive power."

Section 2. Article V, Section I, Paragraph VII of the Constitution is hereby amended by striking after the words "He shall be President of the Senate", the following:

", and",

and inserting in lieu thereof the following:

". Effective on the first day of the 1979 regular session of the General Assembly the Lieutenant Governor shall no longer be President of the Senate, but shall be Executive Officer and Ad ministrative Head of the Department of Community Development, except for such time during which he shall exercise the executive power as hereafter provided. He",

so that when so amended Paragraph VII shall read as follows:

"Paragraph VII. Lieutenant Governor. Succession to Executive Power. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate. Effective on the first day of the 1979 regular session of the General Assembly the Lieutenant Governor shall no longer be President of the Senate, but shall be Executive Officer and Administrative Head of the Department of Community Development, except for such time during which he shall exercise the executive power as hereafter provided. He shall receive the sum of $2,000.00 per annum. In case of the

FRIDAY, JANUARY 23, 1976

333

death, resignation, or disability of the Governor, the Lieutenant Governor, and in case of the death or resignation of the GovernorElect, the Lieutenant Governor-Elect, who shall be deemed to be the Governor's successor, upon becoming the Lieutenant Governor, shall
exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the un expired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Gov ernor elected for the unexpired term, and his successor for the un expired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the elec tion and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. A Lieutenant Governor shall be elected at the general election in 1946 and shall qualify at the same time as the Governor. Until the qualification of a Lieutenant Governor the provisions of Article V, Section I, Paragraph VIII of the Constitution of Georgia of 1877 shall remain of full force and effect."

Section 3. Article V, Section I, Paragraph XI of the Constitution is hereby amended by striking from said Paragraph the following:
"Lieutenant Governor",
and inserting in lieu thereof the following:
"President of the Senate",
so that when so amended, Paragraph XI shall read as follows:
"Paragraph XI. Reprieves and pardons; State Board of Par dons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the ap plication of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed neces sary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the con-

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JOURNAL OF THE SENATE,

vict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the
State. There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by the General Assembly. Until changed by the General Assembly, the Board shall consist of three members. The additional members of the Board, if added by the General As sembly, and the successors to the present members and all members of the Board who are subsequently appointed to fill vacancies shall continue to serve on the Board for a period of seven years or until they shall be removed from office for cause by the unanimous action of the Governor, President of the Senate and Attorney General or by the judgment of the Senate in a trial of impeachment. All ap pointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. The present members of the Board shall serve out the terms to which they were appointed. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General As sembly, the members shall continue to receive that compensation which the present members are receiving. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction except in cases of treason or impeach ment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such Board shall act on all ap plications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. If any member for any cause is unable to serve in any case involving capital punish ment when the Board shall consist of three members, the Governor shall act as the third member of said Board and the action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law.

Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph."
Section 4. Article V, Section X, Paragraph I of the Constitution is hereby amended by adding at the end the following:
"But effective on the first day of the 1979 regular session of the General Assembly the Lieutenant Governor shall be the Execu tive Officer and Administrative Head of the Department except for such time during which he shall exercise the executive power upon

FRIDAY, JANUARY 23, 1976

335

the death, resignation or disability of the Governor or GovernorElect, at which time the Board shall appoint an Executive Officer and Administrative Head to serve while the Lieutenant Governor exercises such executive power.",
so that when so amended Paragraph I will read as follows:
"Paragraph I. There is hereby created the Department of Community Development in lieu of and as successor to the Depart ment of Industry and Trade. Wherever the words 'Department of Industry and Trade' are used in any statute, they shall be held and taken to mean the Department of Community Development. There is hereby created a Board of Community Development in lieu of and as successor to the Board of Commissioners of the Department of Industry and Trade. Wherever the words 'Board of Commissioners of the Department of Industry and Trade' are used in any statute they shall be held and taken to mean the Board of Community De velopment. The Board shall be composed of twenty members, two from each Congressional District in the State. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. Nothing herein shall affect the terms of office of members of the Board of Commissioners now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1 of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. In making appointments to the Board, the Governor shall insure that there is representation from local governments and area planning and development commissions as provided by law. The Board shall appoint a Commissioner who shall be the Executive Officer and Administrative Head of the Department. But effective on the first day of the 1979 regular session of the General Assembly the Lieutenant Governor shall be the Executive Officer and Ad ministrative Head of the Department except for such time during which he shall exercise the executive power upon the death, resigna tion or disability of the Governor or Governor-Elect, at which time the Board shall appoint an Executive Officer and Administrative Head to serve while the Lieutenant Governor exercises such execu tive power."

Section 5. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to change the duties of the office of Lieutenant Governor, effective
( ) NO on the first day of the 1979 regular session of the

336

JOURNAL OF THE SENATE,

General Assembly; to provide for election of the Presi dent of the Senate viva voce from said body; and to change the manner of appointing the Executive Of ficer and Administrative Head of the Department of Community Development?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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.

Senator Gillis of the 20th moved the previous question on the substitute to the committee substitute offered by Senator McDowell of the 2nd.

Senator McDowell of the 2nd moved to table SR 248.

The President ruled that the motion to table takes precedence.

On the motion, the yeas were 2, nays 37, and the motion to table SR 248 was lost.

The order for the previous question on the substitute offered by Senator McDowell of the 2nd to the committee substitute was sustained.

On the adoption of the substitute offered by Senator McDowell of the 2nd to the committee substitute, the yeas were 1 and nays 43, and the substitute was lost.

On the adoption of the committee substitute, the yeas were 0, nays 45, and the committee substitute was lost.

Senator Reynolds of the 48th offered the following substitute to SR 248:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Lieutenant Governor shall be in the Executive Branch of Govern ment and to provide for the election of the President of the Senate by the Senators; 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:

FRIDAY, JANUARY 23, 1976

337

Section 1. Article V, Section I, Paragraph VII of the Constitution, relating to the Lieutenant Governor, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:

"Paragraph VII. Lieutenant Governor; Succession to Executive Power.-- (a) There shall be a Lieutenant Governor who shall be elected at the same time, for the same term and in the same manner as the Governor. No person shall be eligible to the office of Lieuten ant Governor who shall not have been a citizen of the United States 15 years and a citizen of the State six years, immediately preceding his election, and who shall not have attained the age of 30 years when he assumes office.

(b) The Lieutenant Governor shall be in the Executive Branch of Government and shall have such duties as shall be provided by law. The Governor may assign duties to the Lieutenant Governor if such duties do not conflict with those provided by law. The Lieutenant Governor shall receive such compensation and allowances as shall be provided by law.

(c) In case of the death, resignation or disability of the Gov ernor, the Lieutenant Governor shall become Governor for the unexpired term. Upon the Lieutenant Governor becoming Governor he shall appoint a person to serve as Lieutenant Governor for the unexpired term. Such appointment must be confirmed by the Senate and the House of Representatives.

(d) In case of the death, resignation or disability of the Lieutenant Governor, the Governor shall appoint a person to serve as Lieutenant Governor for the unexpired term. Such appointment must be confirmed by the Senate and the House of Representatives.

(e) In case of the death, resignation or disability of the Gov ernor at a time when an appointed Lieutenant Governor is in office, a special election shall be held within 90 days from the date of the Governor's death, resignation or disability, in which special election a Governor and a Lieutenant Governor shall be elected. The ap pointed Lieutenant Governor's term shall expire at the time the person who is elected in such special election takes office as Lieuten ant Governor. An appointed Lieutenant Governor shall be eligible to be a candidate for either Governor or Lieutenant Governor in such special election.

(f) In case of the death, resignation or disability of both the Governor and the Lieutenant Governor, the President of the Senate shall exercise the executive power. In that event a special election for the purpose of electing a Governor and Lieutenant Governor shall be held within 90 days from the date on which the President of the Senate shall assume the executive power. After the President of the Senate ceases to exercise the executive power he shall return to serve as President of the Senate.
(g) In case of the death, resignation or disability of the Gov-

338

JOURNAL OF THE SENATE,

ernor, the Lieutenant Governor and the President of the Senate, the Speaker of the House of Representatives shall exercise the execu tive power in lieu of a President Pro Tempore of the Senate who becomes President of the Senate as provided in Paragraph II of Section V of Article III of this Constitution. In that event a special election for the purpose of electing a Governor and a Lieutenant Governor shall be held within 90 days from the date on which the Speaker of the House of Representatives shall assume the executive power. After the Speaker of the House of Representatives ceases to exercise the executive power he shall return to serve as Speaker of the House of Representatives.

(h) In case of the death, resignation or disability of the Gov ernor-elect, the Lieutenant Governor-elect shall become Governorelect and take the place of the person who was Governor-elect. In case of the death, resignation or disability of the Lieutenant Governor-elect or if the Lieutenant Governor-elect becomes Gover nor-elect, the same provisions applicable to the death, resignation or disability of the Lieutenant Governor shall apply when the Gov ernor-elect becomes Governor.

(i) In case of the death, resignation or disability of both the Governor-elect and the Lieutenant Governor-elect, the Governor and Lieutenant Governor in office at such time shall continue in office, and a special election for the purpose of electing a Governor and a Lieutenant Governor shall be held within 90 days from the first day of the legislative session at which the Governor-elect and the Lieutenant Governor-elect would have been inaugurated. The Gover nor and the Lieutenant Governor in office shall continue in office until the persons elected in such special election take office as Gov ernor and Lieutenant Governor.

(j) The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. All special elections provided for in this Paragraph shall be called by the Secre tary of State and shall be held as provided by law. The certification from the counties of the results of any special election held pursuant to this Paragraph shall be transmitted to the Secretary of State who shall tabulate and certify the total results. Any person elected in such a special election shall take office on the day after the certification of the results by the Secretary of State.

(k) For the purpose of electing the Governor and the Lieu tenant Governor, the provisions of this Paragraph shall be appli cable to the primaries and elections in 1978 and to all primaries and elections thereafter. For all other purposes, the provisions of this Paragraph shall not become effective until the first day of the regular session of the General Assembly in 1979. Until that time, the provisions of this Paragraph as they existed prior to the ratifi cation of this amendment shall remain in force and effect, and the Lieutenant Governor serving at the time of the ratification of this amendment shall continue to serve, subject to the provisions of laws applicable thereto and the provisions of this Constitution, until the first day of the regular session of the General Assembly in 1979. Except as provided in this Paragraph, wherever the words 'Lieu-

FRIDAY, JANUARY 23, 1976

339

tenant Governor' appear in this Constitution and in any statute in force and effect on the effective date of this Paragraph, such words shall be held and taken to mean 'President of the Senate', and such words are hereby stricken and the words 'President of the Senate' are hereby inserted in lieu thereof."
Section 2. Article III, Section V, Paragraph II of the Constitution, relating to the President of the Senate, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph II, to read as follows:
"Paragraph II. President and President Pro Tempore. The presiding officer of the Senate shall be styled the President of the Senate and shall be elected viva voce from the Senators. A President Pro Tempore shall be elected viva voce from the Senators and shall become President in case of the death, resignation or disability of the President. In the event of the succession of the President to the executive power, the President Pro Tempore shall act as President until the President ceases to exercise the executive power. In the event the President Pro Tempore becomes President while the Gen eral Assembly is in session, the Senate shall elect a President Pro Tempore viva voce from the Senators. In the event the President Pro Tempore becomes President at a time when the General As sembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session, if any, during the same term, whether it be a regular session or an extra ordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. The provisions of this Paragraph shall not become effective until the first day of the regular session of the General Assembly in 1979. Until that time the provisions of this Paragraph as they existed prior to the ratification of this amendment shall remain in force and effect."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The -ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to provide that the Lieutenant Governor shall be in the Executive
( ) NO Branch of Government and to provide for the election of the President of the Senate by the Senators?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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.

340

JOURNAL OP THE SENATE,

Senator Warren of the 43rd offered the following amendment to the sub stitute offered by Senator Reynolds of the 48th:

Amend the substitute offered by Senator Reynolds of the 48th to SR 248 by striking on Page 1, line 13 the paragraph in its entirety and substituting the following paragraph:

"Paragraph VII. Lieutenant Governor; succession to Executive Power (a) There shall be a Lieutenant Governor who shall have the same qualifications as the Governor. The Governor and Lieuten ant Governor shall be elected jointly as a unit by the casting by each voter of a single vote for Governor and Lieutenant Governor. At the time any person is nominated by a political party to seek election as that party's candidate for Governor, he shall designate the name of the person who shall run with him as a candidate for Lieutenant Governor. No person shall qualify to seek nomination separately as a candidate for Lieutenant Governor. When any notice of intention of a person to be a write-in candidate for Governor in the general election is given as provided in this Constitution, the name of such person's choice as candidate for Lieutenant Governor shall be given at the same time."

On the adoption of the amendment, Senator Warren of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Brantley Coverdell

Eldridge Stumbaugh Sutton

Those voting in the negative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Not voting was Senator Russell.

Warren
Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens Summers Tate Thompson Timmons Traylor Turner Tysinger Young

On the adoption of the amendment, the yeas were 7, nays 48, and the amend-

FRIDAY, JANUARY 23, 1976

341

ment offered by Senator Warren of the 43rd to the substitute offered by Senator Reynolds of the 48th was lost.

On the adoption of the substitute offered by Senator Reynolds of the 48th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Those voting in the negative were Senators:

Barnes Dean of 6th Hill

Hudgins McDowell Robinson

Not voting was Senator Russell.

Pearce Reynolds Riley Starr Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Shapard Stephens Stumbaugh

On the adoption of the substitute, the yeas were 46, nays 9, and the substitute offered by Senator Reynolds of the 48th to SR 248 was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to by substitute.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Holloway Howard

342

JOURNAL OF THE SENATE,

Hudson Kennedy Kidd Langford Lester Lewis McGill

Overby Pearce Reynolds Riley Starr Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Young

Those voting in the negative were Senators :

Barnes Dean of 6th Hamilton of 34th Hill Holley

Hudgins McDowell McDuffie Robinson Shapard

Stephens Stumbaugh Warren

Not voting was Senator Russell.

On the adoption of the resolution, the yeas were 42, nays 13.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

Senator Reynolds of the 48th moved that SR 248 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 248 was immediately transmitted to the House.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 1227. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975, p. 1333) as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734) so as to make certain appro priations for the fiscal year 1975-76; to make language and other changes.

The Conference Committee Report was as follows:
The Conference Committee on HB 1227 recommends that both the Senate and the House of Representatives recede from their positions

FRIDAY, JANUARY 23, 1976

343

and that the attached Conference Committee Substitute to HB 1227 be adopted.

FOR THE SENATE:
/s/ Paul C. Broun Senator, 46th District
/s/ Al Holloway Senator, 12th District
/s/ John R. Riley Senator, 1st District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Joe Frank Harris Representative, 8th District
/s/ Marcus Collins Representative, 144th District
/s/ Clarence R. Vaughn, Jr. Representative, 57th District

Conference Committee substitute to HB 1227:

A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975, p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734), so as to change certain appropriations for the fiscal year 1975-76; to make language and other changes; to provide an effective date; to repeal con flicting1 laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975, p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734), is hereby amended by striking the revenue estimate figure of $1,745,000,000 for fiscal year 1976 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $1,688,000,000 for fiscal year 1976, and by striking the following:

"PART I. LEGISLATIVE BRANCH"
and Sections 1 through 52, and inserting in lieu thereof the following:

"PART I. LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch __..__..__...__.___.___.$

7,509,061

344

JOURNAL OP THE SENATE,

1. Operations -..---.-.-.--.-------..-..--..--.-_..--_--...-.--.$ Total Funds Budgeted _________.___________________________.$ State Funds Budgeted ....._........_.____....____............$
2. For Election Blanks and Other Election Expenses ....,,-...--.............,,---.,,..--.$
Total Funds Budgeted _._..._._._.__.._._..__.__..___..__...$ State Funds Budgeted ...._..................___._......._.$

7,334,061 7,334,061 7,334,061
175,000 175,000 175,000

Budget Unit Object Classes:
Operations ............___.......-.....--...--_..----......-- ....$ Election Blanks and Other
Election Expenses ....--.._--...--..-...------------$

7,334,061 175,000

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 Gover nor 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 ap proval of the Legislative Services Committee; for mem bership in the Marine Fisheries Compact and other Com pacts, upon approval of the Legislative Services Com mittee; for the maintenance, repair, construction, recon struction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legis lative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improve ment Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for the annual report of the State Auditor to the General As sembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government.

The Legislative Services Committee shall seek to de termine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Govern ment. 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 ap proval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate Legislative expenses and which should be paid for from other appropriations.

FRIDAY, JANUARY 23, 1976

345

Section 2. Department of Audits.

Budget Unit: Department of Audits ...

.._.$

1. Operations ____----___-__--.-_--_--.___..._______._____________.___..$

Total Funds Budgeted _

.....$

State Funds Budgeted ___._...__..,,..__...._..._............$

2. Tax Ratio Study ............___. ._.........._.____.._._.....,,..$ Total Funds Budgeted _...__...__.___._,,_.......,,.__..__..$ State Funds Budgeted ______..___..._.___.______.___.___.__$

2,366,273
2,026,273 2,026,273 2,026,273
340,000 340,000 340,000

Budget Unit Object Classes:
Operations ___...,,.._........._..-..-.........___-.-.___.-.-.__-._...$ Tax Ratio Study .,,..-..,,_....,,-$

2,026,273 340,000

PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court ..............................I
For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, how ever, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be al located for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on ap peal as provided in Georgia Laws 1953, Nov.-Dec. session, pp. 478-481.

1,077,000

Section 4. Superior Courts.

Budget Unit: Superior Courts ___...

..$

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the pay ment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be autho rized by law.

7,274,603

For payment of salaries, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.

346

JOURNAL OF THE SENATE,

For the cost of operating the Judge Sentence Review Panel as created by 1974 Georgia Laws, p. 358.

Provided, however, that the listed appropriation shall be increased by the amount of $21,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.

Provided, further, that the listed appropriation shall be increased by the amount of $55,000 per annum for each judgeship created by law during the 1975 session of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $100,000 is designated and committed for the Prosecuting Attorneys' Council for operations.

Section 5. Court of Appeals. Budget Unit: Court of Appeals .................._.....__..$ 1,223,266

For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position estab lished during the fiscal year.

Section 6. Administrative Office of the Court.
Budget Unit: Administrative Office of the Court -,,,,,,...._..-,,---,,_$

171,620

For the cost of operating the Administrative Offices of the Court.

Section 7. Appellate Court Reports. Budget Unit: Court Reports .._.-___..__-__.-..___-..?

64,500

For the cost of printing and distributing the re ports of the Supreme Court and Court of Appeals.
Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission ______.________._,,_____.__________.__________._______$

10,000

For the cost of operating the Judicial Qualifications Commissions.

FRIDAY, JANUARY 23, 1976
Section 9. Board of Court Reporting. Budget Unit: ____...._____________.______________.,,,,._.______.__...___.$

347 7,425

For the cost of operating the Board of Court Re porting.

PART III. EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

Budget Unit: Department of Administrative Services ...

........$

18,845,458

1. Georgia Building Authority Budget:

Direct Payments to Authority

For Operations

.

$

Capital Outlay ................................. .....^

State of Georgia

General Obligation Debt

Sinking Fund .......................................^

Authority Lease Rentals

,,.,,.... $

Total Funds Budgeted __......-.._...._._._........._._$

State Funds Budgeted _...__..__.........._._.__........_.....$

Total Positions Budgeted

1,017,918 223,000
240,000 2,812,753 4,293,671 4,293,671
0

2. Departmental Administration Budget:

Personal Services ............................... ^,

Regular Operating Expenses .__.___.....,,....,,....__..$

Travel .....................................$

Motor Vehicle Equipment Purchases __......,,.._.$

Publications and Printing __...._._..._.......__.._...... $

Equipment Purchases .._..,,..................__.,,..__..._$

Per Diem and Fees .................^

Computer Charges _._.--.__.._.----._..___..................$

Other Contractual Expense ....____...._..._._..__.._....$

Total Funds Budgeted

__,,.,,$

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

Total Positions Budgeted

513,180 45,549
7,000 --0--
3,300 1,000 4,500 2,000 --0-- 576,529 572,029
36

3. Fiscal Administration Budget:

Personal Services ................................................I

Regular Operating Expenses ........_........_.._...._.$

Travel .....__.._.._..................................,,._.,,..__...._.._..$

Motor Vehicle Equipment Purchases ____,,.._,,.,,$

Publications and Printing ....

$

Equipment Purchases ,,_._-.........._......__._..__._...._.$

Per Diem and Fees .................... ^

Computer Charges ...--............$

Other Contractual Expense .._.__.._._________.____..--_$

331,836 29,503
4,000 --0--
7,000 1,750 --0-- 1,643,656 --0--

348

JOURNAL OF THE SENATE,

Total Funds Budgeted ..................... ^ State Funds Budgeted ....................... .^ Total Positions Budgeted

2,017,745 2,017,745
24

4. Self-Insurance Administration Budget:

Personal Services ..........................$

Regular Operating Expenses _._.__.._._...__..,,.......$

Travel ........................................................ .^

Motor Vehicle Equipment Purchases ____.__.__-..$

Publications and Printing _._....._...,,..................$

Equipment Purchases ........................ .....^

Per Diem and Fees ----________________-$

Computer Charges ..................................$

Other Contractual Expense ......,,...._,,_....,,,,..,,,,$

Workmen's Compensation ._..._...,,.__............_,,,,.$

Total Funds Budgeted _....._..._$

State Funds Budgeted

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

Total Positions Budgeted

224,175 12,471 20,000
--0-- 2,500
500 --0--
1,000 --0-- 1,156,780 1,417,426 1,385,026
17

5. Procurement Administration Budget:
Personal Services ................................^ Regular Operating Expenses ..............,,......-- $ Travel ................................................... ...^ Motor Vehicle Equipment Purchases -___,,_.__.--$ Publications and Printing .._..........__.,,___,,.___..._.$ Equipment Purchases ....................................$ Per Diem and Fees ._._----____._--,,-__----___________._.$ Computer Charges .........................................^ Other Contractual Expense ....___._._........._._.__....$ Total Funds Budgeted --_._..__..__._....,,.-$ State Funds Budgeted ................................$ Total Positions Budgeted

684,130 85,118
6,000 --0--
18,836 --0-- --0-- --0-- --0-- 794,084 794,084
53

6. General Services Administration Budget:
Personal Services ............................... $ Regular Operating Expenses ---.---------...-$ Travel .....................................................^ Motor Vehicle Equipment Purchases ,,__,,,,__.,,$ Publications and Printing _,,..,,.__......__....:..,,.....$ Equipment Purchases ------...-..--.--.--.....--.--.$ Per Diem and Fees ....-.........-.-__.-__....._,,.__.........$ Computer Charges -...___.,,_._.........................._.__.$ Other Contractual Expense .,,_______,,__,,___________,,_.$ Total Funds Budgeted ...._._,,_.,,.__.,,..................$ State Funds Budgeted ......................................I Total Positions Budgeted

81,385 5,860
900 --0-- --0-- --0-- --0-- --0-- --0--
88,145 88,145
7

7. Property Management Administration Budget:
Personal Services ................_,,..._..,,......__.............$ Regular Operating Expenses -.,,....--,,.-.--..-_.---$ Travel ..... ^ .... ,....^.............. ^

119,835 187,653
1,000

FRIDAY, JANUARY 23, 1976

Motor Vehicle Equipment Purchases _____._.____..$

Publications and Printing __.____________,,____.$

Equipment Purchases ................................^

Per Diem and Fees ............................ ^

Computer Charges ........... ......^

Other Contractual Expense ___._..._....,,........._._.,,$

Total Funds Budgeted ................$

State Funds Budgeted

.................... ^.

Total Positions Budgeted

349
--0-- 500
--0-- 900
10,000 --0-- 319,888 155,479
9

8. Data Processing Services Budget:
Personal Services ..................... ...J ......$ Regular Operating Expenses .-__.__.__.._._..........__.$ Travel ................................................... ^ Motor Vehicle Equipment Purchases .,,.__..__....$ Publications and Printing ,,..........__..___.__.._._.....$ Equipment Purchases ................ ^ Per Diem and Fees ^ ._----....._.,,$ Computer Charges ..................... ^ Rents and Maintenance Expense ....................$ Other Contractual Expense _.____._..,,....._.__.._.-_.$ Total Funds Budgeted ----,,,,____,,__._,,$ State Funds Budgeted ......_.....__..__.___...............$ Total Positions Budgeted

8,265,181 1,922,521
25,000 --0--
38,500 67,963 1,060,000 150,000 7,794,381 --0-- 19,323,546 8,370,000
650

9. Motor Pool Services Budget:

Personal Services ____,,,,._.___._____._____.___.__.________.____$

Regular Operating Expenses ..........................I

Travel ...................... ..^.^

Motor Vehicle Equipment Purchases ....--..--$

Publications and Printing ...._...._.__.__.._..........$

Equipment Purchases ......................^

Per Diem and Fees ....---------.---.----....--.--__.$

Computer Charges ........-_.._.__._...-.-..........,,.._..$

Other Contractual Expense ..............................I

Total Funds Budgeted

...........

.^

State Funds Budgeted ...._________._..__......._....._.___.$

Total Positions Budgeted

190,899 393,396
1,500 155,000
1,000 15,500 --0-- 1,800 --0-- 759,095 14,500
19

1-0. Communication Services Budget:
Personal Services ___.____................__......____..___._._.$ Regular Operating Expenses _.......,,...............,,.$ Travel ....... ^............... .^$ Motor Vehicle Equipment Purchases ._..___._.....$ Publications and Printing -.-.............,,._.,,___.....$ Equipment Purchases ........................................^ Per Diem and Fees -........-..___.._._-...,,.__......--.....$ Computer Charges ..................................$ Other Contractual Expense ___,,__.__________________,,.$ Telephone Billings ...........................^ Total Funds Budgeted ..............................^ State Funds Budgeted ___......._,,_...,,____..............$ Total Positions Budgeted

1,262,556 316,311 10,617 --0-- 44,001 35,000 7,000 40,000 --0--
12,700,000 14,415,485 1,000,000
104

350

JOURNAL OF THE SENATE,

11. Printing Services Budget:
Personal Services ......................$ Regular Operating Expenses _._.-_......_._..__._.._.$ Travel ..,,_..................__.._,,_.,,,,....,,,,..._.$ Motor Vehicle Equipment Purchases --._._._.....$ Publications and Printing .._._...._.__.._._.___..,,.,,..$ Equipment Purchases .........................^ Per Diem and Fees ._........_.__.._._.....___......._.........$ Computer Charges ............... ...^ Other Contractual Expense ...._-_.....,,--.....-.......$ Total Funds Budgeted -....._____._$ State Funds Budgeted ............................ ^ Total Positions Budgeted

849,570 969,549
7,000 --0--
41,000
94,000 --0--
5,000 --0-- 1,966,119
--0-- 75

12. Central Supply Services Budget:
Personal Services ...................,,......,,.,,................$ Regular Operating Expenses ________._______________..$ Travel ............................................... .^ Motor Vehicle Equipment Purchases .----.--.-$ Publications and Printing ____________,,,,_..____._______$ Equipment Purchases ,,_.-_.._._.........__......__.........$ Per Diem and Fees ......................................^ Computer Charges .................._......,,._.._._.._...._._.$ Other Contractual Expense ........................^ Total Funds Budgeted .,,.__.......................,,.......$ State Funds Budgeted ........................................I Total Positions Budgeted

87,718 515,021
1,000 --0--
5,000 4,000
1,275 2,500 --0-- 616,514 --0--
9

13. State Properties Commission Budget:
Personal Services ..............................^ Regular Operating Expenses __.,,.__________________.$ Travel ..................................................$ Motor Vehicle Equipment Purchases ,,,,..........$ Publications and Printing ..............................$ Equipment Purchases --_--__----_-___----_..___--.____$ Per Diem and Fees ^...............................^....^ Computer Charges ...................................^ Other Contractual Expense ............ ^ Total Funds Budgeted __.._._.___.___._._..,,.___._._..._.__..$ State Funds Budgeted ....__..,,.,,........_.,,..___.._....$ Total Positions Budgeted

61,065 28,500
3,000 --0--
2,000 1,000 13,705 --0-- --0-- 109,270 109,270
4

14. Volunteer Services Budget:
Personal Services ................................................I Regular Operating Expenses --.__.__----_--.____,,$ Travel ....................................................................I Motor Vehicle Equipment Purchases ------_--_$ Publications and Printing ................................$ Equipment Purchases --.--..---...-....-..--.--.._..__..$ Per Diem and Fees ......................... ...^ Computer Charges --.-_.-__.._..........,,-.__..___.,,_.__.._.$ Other Contractual Expense .................... ...^, Total Funds Budgeted ......................... ........^,

40,748 5,611 2,550 --0-- 5,150 --0--- 3,800 --0--
--0-- 57,859

FRIDAY, JANUARY 23, 1976
State Funds Budgeted ............._...._..$ Total Positions Budgeted

351
45,509 3

Budget Unit Object Classes:

Personal Services ....................................$

Regular Operating Expenses _....____________________.$

Travel .......................................^

Motor Vehicle Equipment Purchases ______.___._.$

Publications and Printing _____.._________,,_.________._.$

Equipment Purchases _______.____.._.___.___.__.._.....--._.$

Per Diem and Fees ___________________._____:..________........$

Computer Charges ....................... ...^

Other Contractual Expense ________....___..--.....---$

Rents and Maintenance Expense ____________...._._.$

Workmen's Compensation ............._.._._._.--__.....$

Direct Payments to Authority

for Operations

........$

Capital Outlay ....... ............$

State of Georgia

General Obligation Debt

Sinking Fund ..................................................I

Authority Lease Rentals

.......... 4

Telephone Billings ......--...,,-$

12,712,278 4,517,063
89,567 155,000 168,787 220,713 1,091,180 1,855,956 --0-- 7,794,381 1,156,780
1,017,918 223,000
240,000 2,812,753 12,700,000

Section 11. Department of Agriculture. Budget Unit: Department of Agriculture _...........$ 15,062,369

1. Plant Industry Budget:
Personal Services ......_.__..___.__......___..__.__..___._...... $ Regular Operating Expenses ..._....__.._..._._.__... $ Travel ...._._.__.............._...___..___................................$ Motor Vehicle Equipment Purchases ._..._...... $ Publications and Printing ,,_.....,,...__.______............$ Equipment Purchases .......................................^ Per Diem and Fees ...._.._....._......_......,,$ Computer Charges .................$ Other Contractual Expense __......__...-..-...------.$ Fire Ant Eradication ......................................^ ' Total Funds Budgeted .......... .......$ State Funds Budgeted ___________.____._.____._____........-$ Total Positions Budgeted

2,071,403 154,340 89,500 32,000 24,400 22,520 1,400 --0-- --0--
1,165,000 3,560,563 3,278,586
181

2. Animal Industry Budget:
Personal Services .........._..........$ Regular Operating Expenses ._.._._.___.-..............$ Travel ...............................^ Motor Vehicle Equipment Purchases .__._.___._...$ Publications and Printing _._._............._._..--_....._.$ Equipment Purchases ............... ^ Per Diem and Fees ..........................----.....--......9 Computer Charges ..............................................$ Other Contractual Expense ...........................^

623,983 86,182 35,000 7,000 9,575 8,788
--0-- --0-- --0--

352

JOURNAL OF THE SENATE,

Athens Veterinary Laboratory Contract __.._...$ Tifton Veterinary Laboratory Contract _______ $ Poultry Improvement Contract ---_._____..__._______$ Veterinary Fees __________._________-___._-___-_________._.___.$ Poultry Research Contract with
Georgia Institute of Technology _______________$ Contract with University of Georgia to
Study Asiatic New Castle Disease __________.____$ Indemnities --_______________________._-________.,,_____________.___$ Total Funds Budgeted ___________,,._______________________$ State Funds Budgeted _...______________________.._._...._____$ Total Positions Budgeted

208,000 322,000 477,675 475,000
181,420
120,625 100,000 2,655,248 2,647,248
52

3. Marketing Budget:

Personal Services -.___________.__,,___..._.-________.__,,_.,,_.,,$

Regular Operating Expenses ----------.....--.--.if

Travel __,,.__...,,_._,,..._.___.___,,,,,,,,,,,,$

Motor Vehicle Equipment Purchases ..............$

Publications and Printing ,,_.___.__.__,,__________.______$

Equipment Purchases ___________,,____--_-_______________$

Per Diem and Fees .____.,,,,____.___._,,.$

Computer Charges _____.___.______--____-.--_--___..,,_.____$

Other Contractual Expense ..___.___..,,._._._._..__.....$

Advertising Contract __.___,,,,_......,,_...___-_-___-__-___.$

Authority Lease Rentals ,,,,,,____________________________._.$

Total Funds Budgeted ...._.........-............_...._..._._.$

State Funds Budgeted __.,,,,.--

$

Total Positions Budgeted

1,080,554 217,204 33,200 10,000 12,000 2,500 2,700 --0-- 94,100 35,000 945,000
2,432,258 2,209,828
98

4. General Agricultural Field Forces Budget:
Personal Services ._.._............__.._.,,.........._..........$ Regular Operating Expenses _._..--____...._...._.._...$ Travel ___.______________.__________._,,______-__-____,,_______.___._.__$ Motor Vehicle Equipment Purchases ._.______.____$ Publications and Printing _____________-._______._--_____$ Equipment Purchases ____--_-------------------$ Per Diem and Fees ....,,......_.....--......--......._.....$ ' Computer Charges ......._._._..--___.,,..-..-_.--._._.__..$ Other Contractual Expense .--..-------....-...-..-..$ Total Funds Budgeted __.___.,,.___._____.____._____...___.$ State Funds Budgeted ___._._____.___._._.____,,______________$ Total Positions Budgeted

1,291,756 67,685 161,400 40,000 2,750 3,175
--0-- --0-- --0-- 1,566,766 1,566,766
131

5. Internal Administration Budget:
Personal Services ..__.-._......-_..,,.......,,...,,.............$ Regular Operating Expenses ____--.----_-.-.,,..._...$ Travel ....................................................................I Motor Vehicle Equipment Purchases _------.--$ Publications and Printing ....................,,.......,,.....$ Equipment Purchases ,,,,,,..._.--.----..--.....--.__.$ Per Diem and Fees -.........-.......,,_..----_-.___.--..-$ Computer Charges ......,,__....,,,,,,...-___._..-.__........$ Other Contractual Expense ----.--------------~f

699,062 77,486 16,200 --0-- 19,100
2,100 1,000 115,156 --0--

FRIDAY, JANUARY 23, 1976

Total Funds Budgeted ........................................I State Funds Budgeted ........................................I Total Positions Budgeted

6. Information and Education Budget:

Personal Services

_.._....,,...,,$

Regular Operating Expenses .__..,,......................$

Travel ...............--......_._....._._..........__...,,__.._._.___.__..$

Motor Vehicle Equipment Purchases __._.________$

Publications and Printing _.............___.__.._.__._......$

Equipment Purchases ........._..___..___....................$

Per Diem and Fees _....__..___..,,............__.._._.__..__..$

Computer Charges ....--....._._.__...-.___.....__.._._.._-$

Other Contractual Expense ...._._._.__.........._.......$

Total Funds Budgeted _._.............._....__._..___._._.._..$

State Funds Budgeted __........__.._....._.__.._...._.._.....$

Total Positions Budgeted

353
930,104 913,104
50
121,039 273,676
1,500 --0-- 300,000
3,800 --0-- --0-- --0-- 700,015 700,015
11

7. Fuel and Measures Standards Budget:

Personal Services .__._._.........__..__..................._.._...$

Regular Operating Expenses .._.__...,,.__..___._._.___.$

Travel .._,____.___$

Motor Vehicle Equipment Purchases _._._.___._._.$

Publications and Printing -.___.___..,,.._....,,.......__..$

Equipment Purchases ___.___.__._............_._.___..._,,_,,$

Per Diem and Fees ...-...__......_.____.___._._....._...........$

Computer Charges ______.__________________,,_____.______,,____$

Other Contractual Expense ,,__

_$

Total Funds Budgeted ..-......._._.__.._..._......._.........$

State Funds Budgeted ....__.__._.__...................._.._..$

Total Positions Budgeted

650,404 94,905 60,200 --0--
6,000 10,100 --0-- --0-- --0-- 821,609 821,609
60

8. Consumer Protection Budget:

Personal Services __._.._...__-.__-....___.___....._.__..........$

Regular Operating Expenses .,,.___.______..,,.._..__..$

Travel

.._,,,,._.$

Motor Vehicle Equipment Purchases ,,____________$

Publications and Printing .__.___.__.._._.____.__.....__..$

Equipment Purchases ,,...__.___.___.....__......__..._.___.$

Per Diem and Fees ,,...._._..........__.___.___.___._.._........$

Computer Charges ..__.___..__........_.,,_..__.__......__.._._.$

Other Contractual Expense _.____.._............___,,,,_._.$

Total Funds Budgeted __.._......._._.__.._._.__..___.___.....$

State Funds Budgeted .._._._.___._......._............_.._...$

Total Positions Budgeted

531,032 41,279 25,500 --0--
3,200 1,600 1,000 --0-- --0-- 603,611 603,611
39

9. Consumer Protection Field Forces Budget:
Personal Services ---__.._____....-....._-......___....._.......$ Regular Operating Expenses _...................__.._...$ Travel -..,,..___.,,..-.................._._.,,.......__..................$ Motor Vehicle Equipment Purchases ..--._.......$ Publications and Printing __._ ......_,,..._..._...._..._.$

1,282,881 68,852 113,600 49,000 4,500

354

JOURNAL OF THE SENATE,

Equipment Purchases __.____.___._______._______.___._______.$ Per Diem and Fees -..-_.---_-_.-__._______.___.______________..$ Computer Charges --....._ ____,,_,,_____.__,,........___.___.$ Other Contractual Expense ____,,_._________________,,.___.$ Total Funds Budgeted -,,-..? State Funds Budgeted ...._._-__--___.__..._--___._........__.$ Total Positions Budgeted

1,000 --0-- --0-- --0-- 1,519,833 1,341,833
104

10. Meat Inspection Budget:
Personal Services ......__________.__._.____.___..._____.___.____.$ Regular Operating Expenses ....___._._.__......___._,,.$ Travel ....___..........,,....._.,,__._.,,._............._..........._.$ Motor Vehicle Equipment Purchases ...._..._.....$ Publications and Printing .._..__._._......._.,,.._.__._,,.$ Equipment Purchases -,,-----____.__..__.......__...,,.-$ Per Diem and Fees ...-..............._$ Computer Charges .__._____,,_._.____________,,_______.__,,_.$ Other Contractual Expense ..........._...._.___.__.._...$ Total Funds Budgeted __...._._.__.._._....._.__........_.__..$ State Funds Budgeted .....-.._-_._.._......-_..........___.$ Total Positions Budgeted

1,704,440 42,709 135,800
--0-- 4,000 540
35,000 --0-- 32,000 1,954,489 794,489
145

11. Georgia Agrirama Development Authority Budget:
Payments to Agrirama Authority for Operations ...._._.__..,,-_._____--_.,,___.
Total Funds Budgeted __.._......._._.___.__....... State Funds Budgeted .,,.__.._.-.....__..__._...

185,280 185,280 185,280

Budget Unit Object Classes:
Personal Services ....... _.......,,._.,,._._,,.. Regular Operating Expenses .._.__......_.____._ Travel ....__.._._.........___............._._........___._......... Motor Vehicle Equipment Purchases __..Publications and Printing __......_..__..._..._.._. Equipment Purchases ......_.._.._._....._...___....... Per Diem and Fees ______.--.---._-________.-.--____-.... Computer Charges -........_.____...........--...._..._. Other Contractual Expense _._........._._._._....._. Fire Ant Eradication ........ ...._,,._ _._.... Athens Veterinary Laboratory Contract .. Tifton Veterinary Laboratory Contract _. Poultry Improvement Contract ....,,-_.....Veterinary Fees _.._..._...._.......,,_.... Poultry Research Contract with Georgia
Institute of Technology ,,--_--.-.------..-.,,. Contract with University of Georgia to
Study Asiatic New Castle Disease ........ Indemnities __._,,.-...-_.____--....--____._.-...--__....-- Advertising Contract ...._._._.,,..,,..__..-....._.__.._. Authority Lease Rentals .---_,,...--.._--....._--. Payments to Agrirama Authority for
Operations ____....--.__,,__-..-..-______--.._--_______-.

10,056,554 1,124,318
671,900 138,000 385,525
56,123 41,100 115,156 126,100 1,165,000 208,000 322,000 477,675 475,000
181,420
120,625 100,000 35,000 945,000
185,280

FRIDAY, JANUARY 23, 1976

35

Provided, that of the above appropriation relative to Regular Operating Expenses, $35,000 is designated and committed for livestock and poultry shows relating to research and promoting.

Section 12. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ,,............._.............-......................._,,.,,..$

1,602,775

1. Administration Budget:

Personal Services ................................................$

Regular Operating Expenses _._.._____._________.___.$

Travel

__ $

Motor Vehicle Equipment Purchases _._..__.___.$

Publications and Printing __._______._._..___..__._.__.__.$

Equipment Purchases .....-.---_._......--_.__.__.___.___.$

Per Diem and Fees

. ..

$

Computer Charges .__..._..___..-.__.._..._..........._._.._.$

Other Contractual Expense ..............................^

Total Funds Budgeted ._..______.._._..._..._,,.,,._._.__..$

State Funds Budgeted _.._..___.___..__.___._._.___._.._._..$

Total Positions Budgeted

309,318
62,727 5,000
--0-- 12,000 20,843 3,000 9,919
--0-- 422,807 422,807
20

2. Examination Budget:
Personal Services .^.. ........................ .^, Regular Operating Expenses ______..___...._-.._..____$ Travel ....._.......$ Motor Vehicle Equipment Purchases ___._._._._.$ Publications and Printing __._..._.._.,,_.,,.._..._...._.$ Equipment Purchases ........................................^ Per Diem and Fees ............................................^ Computer Charges ----------.___.--._,,..----_----$ Other Contractual Expense .__.______............_.....$ Total Funds Budgeted ....................................^ State Funds Budgeted ........................................$ Total Positions Budgeted

934,326 9,400
229,285 --0-- --0--
6,957 --0-- --0-- --0-- 1,179,968 1,179,968
62

Budget Unit Object Classes:

Personal Services

........ $

Regular Operating Expenses ............................^

Travel

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

Motor Vehicle Equipment Purchases ____._..____.$

Publications and Printing ___.,,..___,,.____..___._...___.$

Equipment Purchases ........................................^

Per Diem and Fees ............................................^

Computer Charges ......_._._.__-._._.___..............__.___.$

Other Contractual Expense _..._.___.__...__-,,.._.-.....$

1,243,644 72,127 234,285
--0-- 12,000 27,800 3,000 9,919
--0--

Section 13. Department of Community Development.
A. Budget Unit: Department of Community Development _._.........._-_--___..___._.._._..__.___.__-...-.$

13,525,473.46

356

JOURNAL OP THE SENATE,

1. Industry Budget:

Personal Services ___.__...-...-.______......_..__..._____.....$

Regular Operating Expenses ............................If

Travel

,,..-,,- .............$

Motor Vehicle Equipment Purchases _.._._.._._ $

Publications and Printing _...._______________.______.____$

Equipment Purchases ........................................if

Per Diem and Fees .__--....-...____..___._._..........__.___.$

Computer Charges ----------__--.___.___.____,,_..........$

Other Contractual Expense ----_--____________________$

Total Funds Budgeted _._._._......._.___.____...,,........_..$

State Funds Budgeted _..._.__.___.__._............__.______..$

Total Positions Budgeted

243,266 17,099 35,000
--0-- 2,000 500 2,000
--0-- --ft-- 299,865 299,865
15

2. Research Budget:
Personal Services ,,,,____________,,..__..________________________.$ Regular Operating Expenses ............__......_.___.$ Travel __........_,,,,- .,.._._._.$ Motor Vehicle Equipment Purchases ............$ Publications and Printing _._._......_............__.._._.$ Equipment Purchases _._.._--____________________________ $ Per Diem and Fees ...........................$ Computer Charges .__.________.__....._...._....._______.___.$ Other Contractual Expense _.____.__.___.___......_.....$ Total Funds Budgeted _....._._.___.,,__..........,,__..___.$ State Funds Budgeted .._._-.....,,......_______..__..__.__..$ Total Positions Budgeted

217,245 48,793
5,000 --0--
2,000 1,240 32,800 14,465 --0-- 321,543 272,543
17

3. Tourism Budget:

Personal Services _.__.. .___,,___.____________________.____,,.$

Regular Operating Expenses ..............._.._...___.$

Travel

................ ^$

Motor Vehicle Equipment Purchases .,,______ $

Publications and Printing ........___.._.._.._____...__.$

Equipment Purchases .....__.________.__..___,,__.,,......._.$

Per Diem and Fees .__.___________.___...,,.....,,.___.__..__..$

Computer Charges ______._........_._.__._._...._._.__._...._.$

Other Contractual Expense ,,_..........,,......._.._._.$

Capital Outlay ........... ...^$

Local Welcome Center Contracts .__________._______.$

Total Funds Budgeted __....___.____.....__.___.___...._.....$

State Funds Budgeted _.____._..._......................... i

Total Positions Budgeted

600,878 288,511
27,000 --0--
300 3,100 50,000 4,000 --0-- -- 0-- 75,230 1,049,019 1,049,019
70

4. Internal Administration Budget:

Personal Services ____._.,,,,_______.________,,______________....$

Regular Operating Expenses ----..__....-....._...___.$

Travel

.........$

Motor Vehicle Equipment Purchases .......... $

Publications and Printing .._..._................_.......$

Equipment Purchases .........,,.............___._._._._.__..$

Per Diem and Fees ___......._..........__..___..__.___._._._._.?

466,530 296,561
15,000 5,000 30,450 1,300 15,934

FRIDAY, JANUARY 23, 1976

357

Computer Charges .-..---.---_...._______.________________$ Other Contractual Expense ___._____._____._________._.$ Promotional Parade Floats ...-- ..--.._,-....________$ Direct Payments for World
Congress Center Operations ____.__________.._..___.$ Total Funds Budgeted _.__.-._-.._.._..____.........__.__...$ State Funds Budgeted __.___________.______________________.$ Total Positions Budgeted

2,000 --0--
28,000
150,000 1,010,775
953,824 32

5. International Budget:
Personal Services ._.._._._._.._._.______._..._______._______.....$ Regular Operating Expenses .__.___.______.____._______.$ Travel .... ...........................................:...................$ Motor Vehicle Equipment Purchases ._.._______.$ Publications and Printing _____________________,,________$ Equipment Purchases .._._..,,__-.__.___._._,,--_-..,,......$ Per Diem and Fees ______.._._._...____.._.________.__.___.__..$ Computer Charges ............................_.______.___.__.$ Other Contractual Expense _______.___-___..._.._....._.$ Total Funds Budgeted _..___.._..__.___.___.________._.._._.$ State Funds Budgeted ............__..._..___..__.___.._.___.$ Total Positions Budgeted

107,217 53,966 27,853 --0--
1,050 400
131,950 4,000
--0-- 326,436 326,436
7

6. Advertisement Budget:

Advertising

.

$

Total Funds Budgeted .....................___._.____.._._.__.$

State Funds Budgeted ......... ..........__...._.._._...__.$

Total Positions Budgeted

723,750 723,750
723,750 0

7. Ports Authority Budget:

Authority Lease Rentals .

.

,,$

State of Georgia General Obligation

Debt Sinking Fund ...................__..........._..._..._.$

Total Funds Budgeted

. _,,_,,_. $

State Funds Budgeted ....._.....___......_.___..______.___.$

Total Positions Budgeted

2,790,000
4,216,558.46 7,006,558.46 7,006,558.46
0

8. World Congress Center:
State of Georgia General Obligation Debt Sinking Fund ___._._.__...___...._._..............._.$
Total Funds Budgeted .........._...._...__..__._._____..__.$ State Funds Budgeted _.___.___._._.___________.___._._.._..$

2,893,478 2,893,478 2,893,478

Budget Unit Object Classes:

Personal Services ..................................--.-........I

Regular Operating Expenses ...._...._________.__.___.$

Travel

.$

Motor Vehicle Equipment Purchases .__.........$

Publications and Printing ___.___.._..___.__..._.___..__..$

Equipment Purchases ......_......._..__.___._.______.__..__.$

Per Diem and Fees _________________,,.__,,.,,_-___-___.__-____$

1,635,136.00 704,930.00 109,853.00 5,000.00 35,800.00 6,540.00 232,684.00

358

JOURNAL OF THE SENATE,

Computer Charges ___._.......,,_...,..._._..._....._..... Other Contractual Expense ......_._._.___._...... Capital Outlay ......... .,,.._.. _._...,,......__.____. Local Welcome Center Contracts _,,.---_____.. Advertising --..,,,,----._-.--..-...-......._...__,,....... Promotional Parade Floats ._,,..__________._._.____. Authority Lease Rentals ,,-___-__.,,_..-- _______. State of Georgia General Obligation Debt
Sinking Fund -...-----._-_._.--_......_.__._._.......... Direct Payments for World
Congress Center Operations ____________________

24,465.00 --0-- --0--
75,230.00 723,750.00
28,000.00 2,790,000.00
7,110,036.46
150,000.00

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $4,216,558.46 is specifically appropriated for the purpose of financing repairs and construction, purchas ing equipment and land acquisition by the Georgia Ports Authority through the issuance of not to exceed $52,000,000 in principal amount of General Obligation Debt.

B. Budget Unit: Community Affairs .............._......._.$ 2,563,892

1. Executive Office and Administrative Support:
Personal Services _-......._..._..-.........._..............._...$ Regular Operating Expenses ._..._........_... .......$ Travel ___._____.,,_.....- $ Motor Vehicle Equipment Purchases .........._.$ Publications and Printing _._.,,...__..._......._._...... $ Equipment Purchases ......._. . - _.$ Per Diem and Fees ___-______,,----_____.__,,_--_._....--_.$ Computer Charges ..........._.....,,..........................$ Other Contractual Expense .-............_-.........$ Total Funds Budgeted ...,,._____._..,,___.._._.._______....$ State Funds Budgeted :........$ Total Positions Budgeted

53,584 2,000 3,000
--0-- 1,000 2,916
--0-- --0-- 207,000 269,500 269,500
3

2. Area Development:
Personal Services ,,,,.,,... $ Regular Operating Expenses __._________..__._.______.$ Travel _.._.____$ Motor Vehicle Equipment Purchases ......_.... $ Publications and Printing .........__.-..-..-.._.........$ Equipment Purchases ...._..__........._._-_....._._.-.....$ Per Diem and Fees .._._..-.....-...._.___......._..........__.$ Computer Charges --......,,----.......----....------$ Other Contractual Expense -..._._-_.....-._.......-- $ Grants to Area Planning and
Development Commissions __._____--------__-_--$ HUD 701 Planning Grants __....,,..........___......._.$ Total Funds Budgeted ..,,...._........-_.-...._._...-$ State Funds Budgeted _._.._...._._._._.....__._._....._.._.$ Total Positions Budgeted

172,481 13,852 4,750 --0-- 2,000 1,475 32,542 --0-- --0--
1,161,100 1,466,366 2,854,566 1,225,917
11

FRIDAY, JANUARY 23, 1976
3. Local Development:
Personal Services __.--._--_,,_,,______________._____.__.___.$ Regular Operating Expenses ._..........,,.._....__,,..$ Travel .......-......__-.....-.........___.._.____._._.___.___._______.$ Motor Vehicle Equipment Purchases .._--.---- $ Publications and Printing ______._____._____.._.__.__...__.$ Equipment Purchases --------._..........._._.._,,___... $ Per Diem and Pees -...--.-.--.,,.___.__..__..___....._......$ Computer Charges _._____.____,,..___..__._...___.___________.$ Other Contractual Expense __..__..._..............._..$ Total Funds Budgeted _____..._._..__.._.._._...__________.__.$ State Funds Budgeted .........___.__...____1_._.__._._..__.$ Total Positions Budgeted

4. State Crime Commission Planning and Grant Administration:

Personal Services ._......................,,.................... $

Regular Operating Expenses _.___._._.___.___._.......$

Travel

^

_

.$

Motor Vehicle Equipment Purchases ____________$

Publications and Printing ............._..____._._.__..__.$

Equipment Purchases ___.__..___._.,,.......................$

Per Diem and Fees .__.._..____.__-___._______.___-....__.._...$

Computer Charges _..-..-..-.-...,,..__._.__.._.____________.__.$

Other Contractual Expense _______'____________,,____,,$

Total Funds Budgeted .._._____.________._...__.___._...__..$

State Funds Budgeted _....__,,..___________________________$

Total Positions Budgeted

5. Crime Statistics Center Data Budget:

Personal Services --.__------_____.,,____________._______.$

Regular Operating Expenses ......,,__._..___._._.___.$

Travel

---___.____._______._$

Motor Vehicle Equipment Purchases ,, .._.-- $

Publications and Printing ........._..._._.__.___.___.__..$

Equipment Purchases _.._..--.,,,,.__.._..,,.__.____,,_.$

Per Diem and Fees _______.....___.......,,......_.._..........$

Computer Charges ,,__..$

Other Contractual Expense _..........,,..__..___,,_.___.$

Total Funds Budgeted _________.__-_______.__..............$

State Funds Budgeted __-_-_______________.______..__.._._.$

Total Positions Budgeted

6. Georgia Organized Crime Prevention Council Budget:
Personal Services .._...._...___....__.___.____.___.___..___.__.$ Regular Operating Expenses __--___._--.._------.$ Travel ._...........-.........___.._-..-.._.....,,__..._____.___.__-.._..? Motor Vehicle Equipment Purchases ..,,----.$ Publications and Printing .,,.___..__.___.__..............$ Equipment Purchases --.....--.....___.__..__..._..--.....$ Per Diem and Fees __.______._____._..___....--_________.._-$

359
217,159 26,081 16,628 --0--
6,412 6,906 1,350 --O1-- --0-- 274,536 56,000
17
506,215 70,910 17,600 --0--
8,750 1,000 16,000 --0-- --0-- 620,475 62,048
35
66,011 9,313 3,972
--0-- 8,760
--0-- 3,674 14,156
--0-- 105,886 --0--
4
34,270 5,910 700
--0-- 750
--0-- 1,700

360

JOURNAL OF THE SENATE,

Computer Charges

.......... $

Other Contractual Expense ..__,,__.____._,,____________$

Total Funds Budgeted ................^

State Funds Budgeted ....................................I

Total Positions Budgeted

7. Impact Cities:

Personal Services ....................$

Regular Operating Expenses ..__..._...__._._........ $

Travel ...................................................^

Motor Vehicle Equipment Purchases _____..._,,.$

Publications and Printing ___.___.___.____________________$

Equipment Purchases _,,________.______.._._.._____..._..__..$

Per Diem and Fees

.......

..___.$

Computer Charges ___.___._________....___.__.______...___..__.$

Other Contractual Expense ..............................^

Total Funds Budgeted ...............__..........._._._.....$

State Funds Budgeted ................... .................^

Total Positions Budgeted

--0-- --0--
43,330 4,333
2
25,102 237 54
--0-- --0-- --0-- --0-- --0-- -- 0--
25,393 -- 0--
1

8. Juvenile Justice Program:
Personal Services .................. .^ Regular Operating Expenses ............................if Travel ................ .^ Motor Vehicle Equipment Purchases .... .... ..$ Publications and Printing .____....._.._..._......_._.. $ Equipment Purchases .__.___.._..._...___.,,..........._.....$ Per Diem and Fees .._..._....$ Computer Charges .-................._..._._...$ Other Contractual Expense ......_....._...._...._......$ Total Funds Budgeted .....................................^ State Funds Budgeted __.__.___.__________________..___..__.$ Total Positions Budgeted

32,698 2,914 1,111
--0-- 250
1,425 3,600 --0-- --0-- 41,998 --0--
3

9. LEA A Grants Budget:

LEAA Impact Cities .............

$

LEAA Action--Local ..._......._..._...._._...._.. ..._..$

LEAA Action--State ._..___._..._._.........................$

LEAA State Buy-In .............._..__.._..._.._._._..._...$

LEAA Discretionary .__..._._._..._.........................$

LEAA Planning ..................

^

Total Funds Budgeted .___...__.......,,..._...............$

State Funds Budgeted ................._..............._..__..$

Total Positions Budgeted

194,267 14,590,320 9,595,254
1,600,801 862,963 830,319
27,673,924 946,094 0

Budget Unit Object Classes:

Personal Services .........-.........,,__-___.____._......_..._-.$

Regular Operating Expenses ......_..,,..--......_..$

Travel ......................

^

Motor Vehicle Equipment Purchases _._.........$

Publications and Printing ................................I

Equipment Purchases ...__.___.___.___.____._.._._._._._._.$

1,107,520 131,217 47,815 --0-- 27,922 13,722

FRIDAY, JANUARY 23, 1976

361

Per Diem and Fees ------_---- Computer Charges ____--_,,_---- Other Contractual Expenses Grants to Area Planning and
Development Commissions HUD 701 Planning Grants _._ LEAA Action Local ---------- LEAA Action State _______________ LEAA State Buy-In _.___._..____._ LEAA Discretionary LEAA Planning _______________________ LEAA Impact Cities

58,866 14,156 207,000'
1,161,100 1,466,366 14,590,320 9,595,254 1,600,801
862,963 830,319 194,267

For general administrative cost of operating the Department of Community Development, including ad vertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission Office, including the State "buy-in" for Law Enforcement As sistance Agency grants to local governmental units.

Section 14. Office of Comptroller General. Budget Unit: Office of Comptroller General __. $

3,126,567

1. Internal Administration Budget:

Personal Services ___..__..___.__.___________._._________________.$

Regular Operating Expenses ----------------$

Travel ._____.$

Motor Vehicle Equipment Purchases _---__--_.$

Publications and Printing ----------_.__----_----$

Equipment Purchases -------------------------- $

Per Diem and Fees -_--------_.__------_-._.-__,,_.$

Computer Charges ----------------------------$

Other Contractual Expense ._.____-____-_------____. if

Total Funds Budgeted ................................ ...... ^

State Funds Budgeted __

$

Total Positions Budgeted

288,934 60,355 13,800 --0--
5,200 300
9,200 --fr-- --0-- 377,789 377,789
19

2. Insurance Regulation Budget:

Personal Services

.............................^

Regular Operating Expenses _._______..__.___________.$

Travel

--___._._______._.,,_______________. $

Motor Vehicle Equipment Purchases --___.._ $

Publications and Printing ._........-------.._______.$

Equipment Purchases ________________.__________________.___.$

Per Diem and Fees .____..__________._________._.___._________.$

Computer Charges _____________._._______________._______.___.$

Other Contractual Expense _----___------_______.$

Capital Outlay __..--_.__---_.__-._--_.,,$

Total Funds Budgeted _

$

State Funds Budgeted _____________._____..._.___._...__. $

Total Positions Budgeted

495,114 23,500
7,000 --0--
28,000 700
8,200
26,500
--0--
6,000
595,014
595,014
40

362

JOURNAL OF THE SENATE,

3. Industrial Loans Regulation Budget:
Personal Services ---------...--........................_.$ Regular Operating Expenses ._................_._.._..$ Travel .... -..---..........-_-_--..........................$ Motor Vehicle Equipment Purchases ............$ Publications and Printing _____..____.____________________$ Equipment Purchases .....--..............................^ Per Diem and Fees ...............................^ Computer Charges ............................ ^ Other Contractual Expense ..............................^ Total Funds Budgeted ..................................... ^ State Funds Budgeted ..-.-.........__..______..__._....___.$ Total Positions Budgeted

207,801 22,636 15,000 50,400 1,600
--0-- --0-- --0-- --0-- 297,437 297,437
15

4. Information and Enforcement Budget:
Personal Services ..................$ Regular Operating Expenses ,,......,,_..,,.._..._.... $ Travel ............................................ ^ Motor Vehicle Equipment Purchases ......_. .. $ Publications and Printing ...............................^^ Equipment Purchases ---.-----.._._._,,,,_..-..._..._..$ Per Diem and Fees ......_......................,,._.___....__.$ Computer Charges ------------..__...__.._-._...........$ Other Contractual Expenses --_._.___,,____________.__.$ Total Funds Budgeted -.--.-......_____._____.___...___._.$ State Funds Budgeted ......................................$ Total Positions Budgeted

347,459 31,600 14,500 12,600 5,000 700 5,000
--0-- --0-- 416,859 416,859
32

5. Fire Safety and Mobile Home Regulation Budget:

Personal Services ......_._._-...-_-_-._._._._.._..............$

Regular Operating Expenses .__...._..........,, _..._..$

Travel .....................$

Motor Vehicle Equipment Purchases .......... $

Publications and Printing ........_.,,

$

Equipment Purchases _----.--.--.-.....,,.....------- $

Per Diem and Fees .............................................$

Computer Charges ............................................^

Other Contractual Expense .............. .^

Total Funds Budgeted .................__......_......... $

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

Total Positions Budgeted

1,082,897 88,721 125,200
151,200 20,000 1,950 500
-- 0-- --0-- 1,470,468 1,439,468
97

Budget Unit Object Classes:

Personal Services ......................4

Regular Operating Expenses .........................^

Travel .......................$

Motor Vehicle Equipment Purchases .___._......$

Publications and Printing .....-.._......................$

Equipment Purchases ........................................^

Per Diem and Fees ........

^

2,422,205 226,812 175,500 214,200 59,800 3,650 22,900

FRIDAY, JANUARY 23, 1976

363

Computer Charges .__.___._._-___-_..__......-...-...........$ Other Contractual Expense _....._.....,,_.___.,,_.._..$ Capital Outlay ... ^ ................ ^

26,500 --0--
6,000

Section 15. Department of Defense. Budget Unit: Department of Defense _._._._..._.... $

1,567,788

1. Administration and Support of State Militia Budget:
Personal Services ._.._____.____--._-..-..._........_-.__.___.$ Regular Operating Expenses ..........................^ Travel .------.___.._.__-.-$ Motor Vehicle Equipment Purchases .__..._._._.$ Publications and Printing ....__.____..__..,,...._.._.___.$ Equipment Purchases _._.__,,--_____________,,._.,,--__--$ Per Diem and Fees ................4 Computer Charges ....--.-----___..__._.......--------$ Other Contractual Expense ............................^ National Guard Units Grants ..........................$ Georgia Military Institute Grant --..................$ Civil Air Patrol Contract ___._..._.___._____._______.___.$ Total Funds Budgeted ......................................$ State Funds Budgeted ......................................$ Total Positions Budgeted

535,023 96,200 4,000
--0*-- 25,000
--0-- 7,000
--0-- --0-- 198,000
15,500 19,000 899,723 899,723
36

2. Civil Defense Budget:

Personal Services ............ ^

Regular Operating Expenses ..___.___._._.,,-...----$

Travel

..........$

Motor Vehicle Equipment Purchases .._..__.___ $

Publications and Printing .........__._._..__.__,,....,,_.$

Equipment Purchases .__.___.-_..___....._._.________....$

Per Diem and Fees _...-..-.----___.__.....-...------.-- $

Computer Charges .........................................^

Other Contractual Expense ___...________-____--_....$

Total Funds Budgeted ___.............____..__........,,....$

State Funds Budgeted .......................................^

Total Positions Budgeted

451,358 71,033 14,000 -- 0'--
5,800 --0-- --0-- --0-- --0-- ' 542,191 295,880
33

3. Armory Maintenance and Repair Budget:

Personal Services ................................................^

Regular Operating Expenses ,, .

$

Travel ___.____,,_________,,,,____._,,____...____________,,____.._____.____. $

Motor Vehicle Equipment Purchases ___.___.....$

Publications and Printing .._____.___._......_.....___.__.$

Equipment Purchases _______.-,,,,,,.....___._.-._-......--$

Per Diem and Fees ...............

......i

Computer Charges ___,,._.-----___________-___._------_.$

Other Contractual Expense ......_..__.__........----$

Total Funds Budgeted ,,_.____._.____..______..._...-...$

State Funds Budgeted ....-.._.....__.__-...__._..___-_......$

Total Positions Budgeted

57,800 101,007
3,000 --0-- --0--
5,000 --0-- --0-- --0-- 166,807 166,807
5

364

JOURNAL OF THE SENATE,

4. Disaster Preparedness and Recovery Budget:

Personal Services

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

Regular Operating Expenses ............................I

Travel

_-,,---.

$

Motor Vehicle Equipment Purchases ....,,.....$

Publications and Printing ._.._._......._..._._._._...._..$

Equipment Purchases ......................................$

Per Diem and Fees .........--.....__.___._._..__._.-........$

Computer Charges

.

$

Other Contractual Expense ___________________....___._..$

Total Funds Budgeted ...-........_..__.....,,_..__.____....$

State Funds Budgeted ______..._-._..._._...._..._.._.......$

Total Positions Budgeted

147,740 8,371 18,500
--0-- 7,900 3,500
--0-- --0--
24,576 210,587 --0--
10

5. Service Contracts Budget:

Personal Services .__..__.___.__...__.._..._.._._.___.._..........$

Regular Operating Expenses ..........................^

Travel ...

$

Motor Vehicle Equipment Purchases ........... ^

Publications and Printing .....__......_...._..__.._...__.$

Equipment Purchases ______..._..._,,__.__..,,..............$

Per Diem and Fees ........,,......_._....._...._.._______.__.$

Computer Charges ....--.--.................................$

Other Contractual Expense .............................^

Total Funds Budgeted ......................................$

State Funds Budgeted ......................................^

Total Positions Budgeted

1,143,707 145,599 4,000 --0-- --0-- 500 --0-- --0-- -- 0--
1,293,806 205,378 118

Budget Unit Object Classes:

Personal Services ................................................$

Regular Operating Expenses ......

$

Travel ........................ .^

Motor Vehicle Equipment Purchases .._.______..$

Publications and Printing ................................$

Equipment Purchases --,,,,.,,.._......

$

Per Diem and Fees .--.,,....._.........._._.__.$

Computer Charges --...-..,,..-..__.._..-_-.__..._..-.......$

Other Contractual Expense

.... $

National Guard Units Grants ...._..........--...--. $

Georgia Military Institute Grant ._......_..........?

Civil Air Patrol Contract ......._......_..___._........_.$

2,335,628 422,210 43,500 --0-- 38,700 9,000 7,000 --0-- 24,576 198,000 15,500 19,000

Provided, however, that of the above appropriation, $19,000' is designated and committed for the Civil Air Patrol for the purposes of training and preparation for assistance to the Department of Defense in the accom plishment of its Civil Defense functions.

Section 16. State Board of Education-- Department of Education.
A. Budget Unit: Department of Education ._..._...._.$ 639,370,039

FRIDAY, JANUARY 23, 1976

1. General Education Budget:

Personal Services ___._...__......................__......__.$

Regular Operating Expenses -.--..-..-----._...--$

Travel ..................................................................I

Motor Vehicle Equipment Purchases ..__....__. $

Publications and Printing ........

$

Equipment Purchases ----...,,_--.-...-.---,,....,,--$

Per Diem and Pees

......... $

Computer Charges . ..__--...__.,,,,....___.---....__--..$

Other Contractual Expense -__......._.___-._...,,._.$

365
795,226 87,292 47,762 --0-- 49,686 5,200 49,287 --0-- 170,500

APEG Grants:

Salaries of Instructional Personnel

(Sec. 10(a) (1) and 10(a) (2)) ._....______$ 298,269,272

Salaries of Student Supportive

Personnel (Sec. 20(a)) .___..-.._..___....._...___.$ 11,457,288

Salaries of Administrative and

Supervisory Personnel (Sec. 21 (a)) _.___.$ 39,861,977

Instructional Equipment (Sec. 14) _...___--_$ 450,717

Maintenance and Operation (Sec. 15) ......$ 47,777,511

Sick and Personal Leave (Sec. 16) _......._.$ 2,559,510

Travel (Sec. 17) .____._.,,...___._......____.__.....___.__..$ 510,143

Isolated Schools _...,,_.___........___,,......_______.,,..._..$

57,760

Non-APEG Grants:

Teacher Retirement ....._...__........._.__....._....__.....$ 31,462,911

Driver Education __.._..__.__..,,_..._....,,._____......_..$ 375,000

Cooperative Educational Service Agencies $ 2,502,000

Superintendents' Salaries ..___.._.___....___.___,,...$ 2,942,055

Compensatory Education ____..........._._....,,__..$ 10,246,750

Education of Children of Low-Income

Families (Migratory) ......_._......_...___,,...__.$ 712,212

Total Funds Budgeted ...-..._._.__...____.-__.-......__.$ 450,390,059

State Funds Budgeted ._._..._.._....._.__.........._.__..__.$ 448,977,672

Total Positions Budgeted

40

2. Pre-School Education:
Personal Services ..___.....__...__....._.____..,,..____.__.._. $ Regular Operating Expenses _,,____,,--,,____..__--$ Travel ._._..___.....___.___........___,,...._..___...,,.__.___.....__..$ Motor Vehicle Equipment Purchases ....____...$ Publications and Printing ........_._...._._.._._.. ..._..$ Equipment Purchases ,,,,.._._..,,..._____..-...____.__....$ Per Diem and Fees -_..._....-..__...___...__..___.........___.$ Computer Charges ,,...,,.____.........__.___..._.___.._.--.$ Other Contractual Expense .._.___._....._.____._.......$

108,190 11,718 11,600
--0-- 3,986 250 600
--0-- --0--

APEG Grant: Selective Pre-School Development ____....._..$ 5,933,012

366

JOURNAL OF THE SENATE,

Non-APEG Grant:
Education of Children of Low-Income Families -_..______________,,_-..-_......$
Total Funds Budgeted ......-_--_.______....._-...--.___.$ State Funds Budgeted _______-.........__..._.___.._......$ Total Positions Budgeted

13,950 6,083,306 6,068,173
7

3. Regular Vocational Education Budget:

Personal Services ......._.._...$

Regular Operating Expenses _......._-____-_-_--.__.$

Travel

...

.4

Motor Vehicle Equipment Purchases _----____ $

Publications and Printing ___..._______.___._..___________$

Equipment Purchases -_------______--..__------.__..$

Per Diem and Fees ............................................$

Computer Charges _.....--.___________._______-...____.$

Other Contractual Expense ..

..$

1,743,576 120,290
145,707 --0--
22,710 11,351 6,700 --0-- 137,778

Grants:

High School Program ._____________._...___________..___.$

Teacher Retirement _____._....._______.___..._-.-__..___.$

Teacher Training and Research _______....._._.$

Adult Education ___.__.........._______.....__---._....$

Area Vocational Technical Schools .... ..____.$

Area Vocational Technical Schools--

Construction

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

^

Manpower Development and Training ____ $

Comprehensive Employment and

Training ........................ ^

Total Funds Budgeted .......................... ...........$

State Funds Budgeted ........._._..__..................._..$

Total Positions Budgeted

12,921,620 1,700,433 1,159,810 2,492,196 27,697,934
225,000 30,000
4,659,049 53,074,154 32,445,600
105

4. Special Education Budget:
Personal Services ___..._.___.._....._...._._.___..........__._.$ Regular Operating Expenses ___...----------,,...$ Travel ....... ......._._......___.____........_._..__.__...........__._.$ Motor Vehicle Equipment Purchases ..... ..... $ Publications and Printing ...._._...._._...__.__........$ Equipment Purchases __....--._._.____.......----..__...$ Per Diem and Fees ...____._._..........___._..............___.$ Computer Charges _....._.__-.._-......._..._.___.......--____ $ Other Contractual Expense ___......__._.-..........._$

405,989 40,969 36,406
--0-- 7,335 3,125 4,632
--0-- --0--

APEG Grants:

Salaries of Instructional

Personnel (Sec. 5) .......____.__......._..............$

Maintenance and Operation

(Sec. 15)

.............. ^

Sick and Personal

Leave (Sec. 16) ___.___......._...___................__.$

36,297,761 5,997,233 321,280

FRIDAY, JANUARY 23, 1976
Travel-Special (Sec. 17) ----------____.___--$ Special Education Leadership
Personnel (Sec. 21 (c) (2)) .__..__________._.$ Pupil Transportation
(Sec. 25) ._._._._.....$

367
73,278 283,219 1,965,571

Non-APEG Grants:

Instructional Services for

the Handicapped -- ...._-

--......_ $

Preparation of Professional

Personnel in Education of

Handicapped Children ---- --.----------,,$

Educational Training Services

for the Mentally Retarded -.....----.---- $

Tuition for the Multi-handicapped ._______... $

Severely Emotionally Disturbed ------...._ $

Teacher Retirement _.....,--------------... $

Total Funds Budgeted _.----------...______.._..-- $

State Funds Budgeted _-....----- $

Total Positions Budgeted

2,424,524
106,454
300,000 522,000 5,092,773 3,268,876 57,151,425 54,378,329
27

5. Compensatory Education Budget:

Personal Services .___.______..,,____--_$

Regular Operating Expenses _--.------------ $

Travel --._.-----._...--.._. $

Motor Vehicle Equipment Purchases ,,__..__.__$

Publications and Printing ----------.__--------$

Equipment Purchases -_____..__-----,,_._--__._--______$

Per Diem and Fees .........----.---- __.,, --.$

Computer Charges ___.._______......-.,,_..__.____.___......... $

Other Contractual Expense ---------- ..... ...._ $

Education of Children of

Low-Income Families _----------------_.------ $

Total Funds Budgeted ._...-.--

... $

State Funds Budgeted .._.....--------------...._$

Total Positions Budgeted

316,439 30,978 18,093
--0-- 3,500 306
--0-- --0-- --0--
46,821,203 47,190,519
45,511 23

6. Instructional Materials Budget:
Personal Services ----_._..--------._.......--------..$ Regular Operating Expenses ...._._..------ --$ Travel ----.....----------.....___----..----_...------.$ Motor Vehicle Equipment Purchases ___________ $ Publications and Printing _______________________________ $ Equipment Purchases --------____:___.....------.. $ Per Diem and Fees .----___,,--_----__._______.------__$ Computer Charges _____________________________________________ $ Other Contractual Expense ----------------_.$

111,669 21,337
6,384 --0--
25,998 23,656 10,000 --0-- --0--

APEG Grant:
Instructional Materials and Media (Sec. 13) __.__-_______.._______._________.$

9,986,738

368

JOURNAL OF THE SENATE,

Non-APEG Grants:

School Library Resources and

Other Materials ._._...___._............_______________.$

Strengthening Instruction in

Critical Subjects __.___...__..______..__-_.._._.._.._. $

Total Funds Budgeted

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

State Funds Budgeted _____.______,,.___-.__...,,.....__..__..$

Total Positions Budgeted

1,815,832
802,676 12,804,290 10,046,747
9

7. Educational Media Budget:

Personal Services .__.._.._______--_..__-___-___-.__-._-.__.....$

Regular Operating Expenses ............,,......._.._.$

Travel ....__.______

$

Motor Vehicle Equipment Purchases _.__._.._._.$

Publications and Printing _______________________________.$

Equipment Purchases .___________,,.--..___.,,_.._..._,,___.$

Per Diem and Fees ....._..___......__..__.________.__.__._.._.$

Computer Charges __________________..--,, ....-...--......... $

Other Contractual Expense ............................if

Authority Lease Rentals ___.._...__._.____...._...._.._.$

Capital Outlay _._..___._______._..___,..___....._...___________.$

2,167,104 1,458,011
58,649 --0-- 136,192
57,672 135,267 --0--
51,154 333,204 300,000

Grants:
Summer Library Supervisory Program .............................................. ........$
Educational Television __________..____________.______.$ Total Funds Budgeted ______..___.___________.____.__.._...._ $ State Funds Budgeted _....._.__.......__...__.....__.._... $ Total Positions Budgeted

62,830 56,186 4,816,269 4,119,269
178

8. Student Services Budget:

Personal Services

..

$

Regular Operating Expenses _.______.___._._._______..$

Travel ..-......___.__...........__.........,,-........-..--....$

Motor Vehicle Equipment Purchases .._..__.,,..$

Publications and Printing ......................_._...._.$

Equipment Purchases .._._._.__.---------.--------.$

Per Diem and Fees _....................-......----...--..?

Computer Charges _._.___.....___...----------..------..$

Other Contractual Expense __.__...__.__..._...__.___.$

241,387 22,982 15,240
--0-- 2,100
--0-- 819
--0-- 9,790

Grants:
Psychological Services .......-,,-.,,-._.-..........__.__.$ Guidance, Counselling and Testing ..__._._..$ Total Funds Budgeted ......_.___....._______..._.____._... $ State Funds Budgeted ...._........................._.._..$ Total Positions Budgeted

48,000 200,000 540,318 501,736
15

9. Ancillary Services Budget:

Personal Services

$

Regular Operating Expenses _._.____....____.....__.$

686,762 66,777

FRIDAY, JANUARY 23, 1976

369

Travel ......._______________.$

Motor Vehicle Equipment Purchases ... ._ .___.$

Publications and Printing _._________.______.______..._ $

Equipment Purchases ___-_.-______._____. _-.____.__.___.$

Per Diem and Fees

.. . ._.__.$

Computer Charges ______________________________ __..____.___.$

Other Contractual Expense ._... ...._.._.... . ...._..$

APEG Grant:

Pupil Transportation (Sec. 25) _............._$

53,656 --0--
14,145 2,075 7,500 --0-- --0--
29,232,401

Non-APEG Grant:

School Lunch ......___._......._....._._.__._._.... ,,__.$ 78,525,798

Grants to School Systems for

Capital Outlay Purposes .__......._......... .. $ 1,400,000

Grants to School Systems for

Authority Lease Rentals

Payments to Georgia

Education Authority (Schools) .... . ... $ 26,789,757

State of Georgia General

Obligation Debt Sinking Fund . . . . _...$ 4,576,000

Direct Grants to School Systems

for Capital Outlay Purposes .._..... .......$ 634,243

Total Funds Budgeted ..

..... $ 141,989,114

State Funds Budgeted ___.___........... ..._..__._.... $ 72,002,330

Total Positions Budgeted

42

10. Statewide Leadership Budget:

Personal Services ........____.__......._.___.._......._.......... $

Regular Operating Expenses ..._____.__._.__......_.$

Travel

.......

.......$

Motor Vehicle Equipment Purchases . . . $

Publications and Printing ..... ........................ $

Equipment Purchases .,,_.._._._......_..._......._...__..... $

Per Diem and Fees .........._.....__.._._.__........_.._....$

Computer Charges ._....,,______..._......._.._.. .......__.$

Other Contractual Expense ._........_.__.._.........$

Total Funds Budgeted ...... .. ._._.__.......... ...... $

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

. Total Positions Budgeted

560,330 36,979 46,091 --0--
3,400 1,375 --0-- --0-- --0-- 648,175 600,412
33

11. Financial Services Budget:

Personal Services __.....____________.______..____._____.__..$

Regular Operating Expenses _._._____. ._._________.. $

Travel

.c......

.$

Motor Vehicle Equipment Purchases . .. . ... $

Publications and Printing ..__._________.___________.$

Equipment Purchases ..----........_..-.---.._....... $

Per Diem and Fees ....._................._......._........$

Computer Charges ______... .-.._._____._____. ____________.$

Other Contractual Expense . .--...--..._.. ... $

Total Funds Budgeted .. ......................... $

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

Total Positions Budgeted

255,725 21,240 21,866
--0-- ..13,328
948 -- 0-- --0-- --0-- 313,107 217,201
16

370

JOURNAL of THE SENATE,

12. Program and Staff Development Budget:
Personal Services __--------------------------~~$ Regular Operating Expenses ___.___..__,,___._________ $ Travel __------- $ Motor Vehicle Equipment Purchases ......_.....$ Publications and Printing ......................... .^ Equipment Purchases .............................--......^ Per Diem and Fees ........................--.-...........$ Computer Charges _.__.-------------,--,,--__----$ Other Contractual Expense ....-.-.....-.--.--.....$

757,699 44,837
28,200 --0--
16,735
4,074 11,758 --0-- 669,114

Grants:
Supervising Teachers _____,,,,_,,____._____.__________$ Supplementary Education
Centers and Services ......... $ Staff Development ___.____.._______________....___________.$ Total Funds Budgeted ......$ State Funds Budgeted ___,,,,__....,,,, $ Total Positions Budgeted

145,000
2,504,951 490,000
4,672,368 1,890,379
57

13. Public Library Services Budget:
Personal Services __.-.__,,____,,-.,,_.$ Regular Operating Expenses __________..._.._______.$ Travel ..........$ Motor Vehicle Equipment Purchases ,,.......__..$ Publications and Printing __._......_.____._.....___.....$ Equipment Purchases ____........_____._....._..__.._,,..$ Per Diem and Fees ..........................................$ Computer Charges ...~_--___.,,_--_._--_____-----._._.$ Other Contractual Expense .............................if

571,972 253,789
9,007 --0--
9,671 7,146
600 --0-- --0--

Grants:
Salaries and Travel of Public Librarians ,,......._........_.____,,......._....$
Public Library Materials ..--_..___....--_._-_.....$ Talking Book Centers .,,......_...,,......._......._...$ Public Library Maintenance
and Operations _--_..___...,,--___......_..._........$ Teacher Retirement ......................................$ Public Library Construction ____..._....._..__.._.$ Total Funds Budgeted ._.,,...,,_..._......_._____....._..$ State Funds Budgeted _........__.___._......._..___..._..$ Total Positions Budgeted

2,458,976 1,845,868
160,000
848,922 209,064 --0-- 6,375,015 6,115,014
52

14. Staff Services Budget:
Personal Services ___.-.......____,,..........,,.....___...... $ Regular Operating Expenses --;-_--_._----,,.____.$ Travel ..................$ Motor Vehicle Equipment Purchases --._.......$ Publications and Printing _....__.,,..._...__.....___._.$ Equipment Purchases __________,,____________,,_-__._____.$ Per Diem and Fees ._-_-_-___._,,__________..______-.__.__$

1,520,284 268,185 34,837 --0-- 62,880 13,095 1,107

FRIDAY, JANUARY 23, 1976

371

Computer Charges _______._______-....--..-...--.....___.___.$ Other Contractual Expense _._.__..._._.__._.. ..__.___.$

555,585 19,853

Grants:

Supplementary Education Centers

and Services ................._-----.-----.$

Total Funds Budgeted .....................................$

Indirect Computer Funding ___.__.._...__........_.._.$

Agency Funds

..$

State Funds Budgeted _______..________...____....._.__..$

Total Positions Budgeted

'

240,489 2,716,315
340,000 783,526 1,592,789
105

15. State Board and State Superintendent Budget:

Personal Services . . .

..

$

Regular Operating Expenses ........................if

Travel .__.___.__._._____..__..___.________.__.__......____._...__.____.. $

Motor Vehicle Equipment Purchases - ....... ..$

Publications and Printing ___..._._......._.. _........ $

Equipment Purchases __..__..._...__._._.__......_._.__.._.$

Per Diem and Fees ....._................_.._._.._..._.-_.. $

Computer Charges __,,...._....--.------.--.--.-----$

Other Contractual Expense ....... ............_..__.--_.$

Total Funds Budgeted ......... ...........................$

State Funds Budgeted _....__..............................$

Total Positions Budgeted

216,811 37,591 14,267 --0-- 14,500
2,000 58,500 --0-- 111,508 455,177 271,574
11

16. Surplus Property Budget:

Personal Services ._..________.__...............................$

Regular Operating Expenses ....... .._..._......__...$

Travel

$

Motor Vehicle Equipment Purchases ....._.._._.$

Publications and Printing _....__.__..._.._................$

Equipment Purchases ........__........_........_...._...$

Per Diem and Fees ^.......................................^

Computer Charges ._...__._..._.----------.... --.. -- ..$

Other Contractual Expense ............--.--......--$

Total Funds Budgeted ........._...._.___..._.._...__._._.$

' State Funds Budgeted .._...,,..............._............$

Total Positions Budgeted

392,409 152,531
16,000 --0--
2,500 12,000 --0-- --0-- --0-- 575,440 --0--
37

17. U.S.D.A. Food Distribution Budget:

Personal Services _..............._...._......__...._........_..$

Regular Operating Expenses ._..._..___._.._.._...___.$

Travel .............._...__._......___.___...............................$

Motor Vehicle Equipment Purchases ...._._.....$

Publications and Printing .........-................-....$

Equipment Purchases .......

.................._._.-$

Per Diem and Fees ...._._.._.._--.-..--.----..............$

Computer Charges -...__._._.._._,,----------.--..----...$

Other Contractual Expense ......_._._........ .........$

Total Funds Budgeted ......................................^

118,867 9,392 15,504
--0-- 750
--0-- --0-- --0-- --0-- 144,513

372

JOURNAL OF THE SENATE,

State Funds Budgeted ____....__._________..__..._...________$ Total Positions Budgeted

97,303 6

Budget Unit Object Classes:
Personal Services -________._.___________._____,,____.__________..$ Regular Operating Expenses ___..._........ ..________$ Travel .......... .._....$ Motor Vehicle Equipment Purchases ....... ._.._.$ Publications and Printing ___________.___________________.$ Equipment Purchases --_____.__..--___________________.____$ Per Diem and Fees _______.._..____.______.....___..___________$ Computer Charges ...,,._.__.___........_.____.__._._.___.....$ Other Contractual Expense ._.____._--.............._..$

10,970,439 2,684,898
579,269 --0-- 389,416 144,273 286,770 555,585 1,169,697

APEG Grants:

Salaries of Instructional Personnel

(Sec. 10(a) (1) and 10(a) (2)) ____._......$ 298,269,272

Salaries of Instructional Personnel

(Sec. 5)

_.

$ 36,297,761

Salaries of Student Supportive

Personnel (Sec. 20 (a)) ___..._........._...____..$ 11,457,288

Salaries of Administrative and

Supervisory Personnel (Sec. 21 (a)) ._...$ 39,861,977

Special Education Leadership

Personnel (Sec. 21(c) (2)) _._.___..._._.____..$ 283,219

Instructional Materials and

Media (Sec. 13) ._..___.___.___.............._._.__._._.$ 9,986,738

Instructional Equipment (Sec. 14) ______...__.$ 450,717

Maintenance and Operation (Sec. 15) ....... $ 53,774,744

Sick and Personal Leave (Sec. 16) ._...._...$ 2,880,790

Travel (Sec. 17)

,,

$ 510,143

Travel--Special (Sec. 17) .._._._.___..._..._._._.....$

73,278

Pupil Transportation (Sec. 25) .,,...........$ 31,197,972

Isolated Schools ______...._..._.....__....._...._.___.__._._..$

57,760

Selective Pre-School Development _..._._...._..$ 5,933,012

Non-APEG Grants:
Teacher Retirement ............._...._._._.._._._...... $ Driver Education ._.._._._._._.._._..._.................... $ Cooperative Educational
Service Agencies ....__..._...__._._.__.___.._._._._.....$ Superintendent's Salaries _._._._......_........ ..__.$ Compensatory Education ._...._..._.............___.$ Education of Children from
Low-Income Families .._._._____.____.._..__.._......$ High School Program ._...__._....__..._............._...$ Teacher Training and Research .........._.....$ Adult Education .................. ......__..._._.._.._._._.$ Area Vocational-Technical Schools ..._.._._._.$ Area Vocational-Technical
Schools--Construction .. ._..___.___.._..._.__._._.$ Manpower Development and Training...... $ Comprehensive Employment
and Training ...............................................I

36,641,284 375,000
2,502,000 2,942,055 10,246,750
47,547,365 12,921,620
1,159,810 2,492,196 27,697,934
225,000 30,000
4,659,049

FRIDAY, JANUARY 23, 1976

373

Instructional Services for the Handicapped .______________._______._._._..._____.._..______.$
Preparation of Professional Personnel in Education of Handicapped Children _._.. .._..........._._._._.. $
Educational Training Services for the Mentally Retarded ______.____________________$
Tuition for the MultiHandicapped . . ............ ______...... _____.._ $
Severely Emotionally Disturbed _____________$ Strengthening Instruction in
Critical Subjects ...._._._._...______.....___.______$ School Library Resources and
Other Materials ________________________________________ $ Summer Library Supervisory
Program ......................................................^ Educational Television ............. _._______________$ Psychological Services ...................................i Guidance, Counselling- and Testing ........... $ School Lunch _________________________________________________ $ Supervising Teachers ______________________...____$ Supplementary Education
Centers and Services __...._.__....................$ Staff Development _____________________________ $ Salaries and Travel of Public
Librarians ..... ......................................... ^ Public Library Materials _____________ _________$ Talking Book Centers _______ ._______________$
Public Library Maintenance and Operations _____________._---__$
Public Library Construction ______ __ ..... ___.$
Grants to School Systems for Capital Outlay Purposes ...........................................^
Authority Lease Rentals ................................ $
State of Georgia General Obligation Debt Sinking Fund _____ ______ ...... ............. $
Grants to School Systems for A. L. R. payments to Georgia Educational Authority (Schools) .................. .................$
Direct Grants to School Systems for Capital Outlay Purposes _ _...... .... ......... $
Capital Outlay ....... .. ......................................^

2,424,524
106,454
300,000
522,000 5,092,773
802,676
1,815,832
62,830 56,186 48,000 200,000 78,525,798 145,000
2,745,440 490,000
2,458,976 1,845,868
160,000
848,922 --0--
1,400,000 333,204
4,576,000
26,789,757
634,243 300,000

B. Budget Unit: Institutions _ ................. $ 8,318,623

1. North Georgia Vocational-Technical School Budget:
Personal Services .........................................^ Regular Operating Expenses ________ -- -_$ Travel ............._..._..._....................._._...__.... ...........$ Motor Vehicle Equipment Purchases ___.__--$ Publications and Printing _________....... ....... $ Equipment Purchases ... ................ ...............$ Per Diem and Fees .......... .......... ... ..........$ Computer Charges ................ .............. ....... $

1,320,067 395,329 14,975 --0-- 4,275 67,089 --0-- --0--

374

JOURNAL OF THE SENATE,

Other Contractual Expense ._..__..___.. ..__._..._.._._.$ Authority Lease Rentals _-.._________.__,,__.__________._.$ Total Funds Budgeted .......................................$ State Funds Budgeted ......................................$ Total Positions Budgeted

--0-- 54,750
1,856,485 1,256,503
98

2. South Georgia Vocational-Technical School Budget:

Personal Services _._.............._._.___.__.__.._______........_.$

Regular Operating Expenses ..........................^

Travel .

$

Motor Vehicle Equipment Purchases .._.__..__.$

Publications and Printing ____.....,,.___________._,,_..._.$

Equipment Purchases -------________----..--------$

Per Diem and Fees .......

..^

Computer Charges ..-.----.--,,_

...__.___.$

Other Contractual Expense ...... .______._.._.------.$

Capital Outlay ___..__..._..__............._._._._.........____..$

Authority Lease Rentals ...................................^

Total Funds Budgeted ___..__._..__._...._._____..._........$

State Funds Budgeted ___.__...__..___.....___._........-$

Total Positions Budgeted

1,132,541 292,356 14,950 --0-- 3,800 97,645 4,154 --0-- --0-- 50,000 49,315
1,644,761 1,097,773
89

3. Georgia Academy for the Blind Budget:
Personal Services .___________._..........___.___......____._..$ Regular Operating Expenses ... $ Travel .......... $ Motor Vehicle Equipment Purchases _._......- $ Publications and Printing ..............................^ Equipment Purchases ___._._._._....._._.__......__..._.._.$ Per Diem and Fees ___.___._._____..._.....____._...._._._.__..$ Computer Charges _.....--------_____....----...------$ Other Contractual Expense ._..._......._.......--$ Capital Outlay ......................................................^ Total Funds Budgeted ....................................^ State Funds Budgeted _._._._._._._........_._._.._....._..$ Total Positions Budgeted

1,324,832 249,675 6,500 --0-- 2,390 29,402 4,100 --0-- 16,222 --0--
1,633,121 1,368,906
150

4. Georgia School for the Deaf Budget:
Personal Services ..............................................^ Regular Operating Expenses ..........................9 Travel __.._._._....,, .........__.____._._....._............_._._.__.._.$ Motor Vehicle Equipment Purchases .....----.$ Publications and Printing ..____._._..._______________..$ Equipment Purchases ....._._._..._..._............___.___.$ Per Diem and Fees .------------------------..$ Computer Charges ,,..__.-. ........ .__.__,,_______.__.__._-_-_ $ Other Contractual Expense ...... ........_..._..........$ Capital Outlay ....................................................^ Authority Lease Rentals ................__..._..._........$ Total Funds Budgeted ......................................$ State Funds Budgeted ._ ........................._....__$ Total Positions Budgeted

2,414,450 534,131 4,400 4,000 --0-- 24,650 500 --0-- --0-- 199,165 23,400
3,204,696 2,875,858
282

FRIDAY, JANUARY 23, 1976 .

5. Atlanta Area School for the Deaf Budget:

Personal Services ---.....$

Regular Operating Expenses ___._____________________.$

Travel ..--....._..__.__$

Motor Vehicle Equipment Purchases .._._.___...$

Publications and Printing ___.______..___________________.$

Equipment Purchases ......................................I

Per Diem and Fees ...._...$

Computer Charges ............................................^

Other Contractual Expense _-----........__._______.$

Capital Outlay

...

$

Total Funds Budgeted ...................................... ^

State Funds Budgeted ......................................^

Total Positions Budgeted

375
758,950 192,052
3,640 --0--
1,000 68,994 2,000 --0-- 89,400 --0-- 1,116,036 1,040,291
70

6. Alto Education and Evaluation Center Budget:

Personal Services __._.._.. ..................................$

Regular Operating Expenses ........................$

Travel .............

$

Motor Vehicle Equipment Purchases ....._....$

Publications and Printing ._..._..._................_._._$

Equipment Purchases ____.____._--_.--._..._.___.___._$

Per Diem and Fees ............................................^

Computer Charges ___._______.___._..._______________________.$

Other Contractual Expense .............................if

Total Funds Budgeted ............................._.._._.. $

State Funds Budgeted ...................................^

Total Positions Budgeted

766,876 145,204
10,400 --0--
1,560 10,850 --0-- --0-- --0-- 934,890 679,292
54

Budget Unit Object Classes:
Personal Services _ __..____..._...._._____.___.__.._________$ Regular Operating Expenses .........................if Travel ............... ............. ........._..._.._. .. ...... $ Motor Vehicle Equipment Purchases ............. $ Publications and Printing ...._...._......_............ $ Equipment Purchases ..... ...................._..._........ $ Per Diem and Fees ___............ ...._._._...._...._........ $ Computer Charges ......_..._............. ..._............_.... $ Other Contractual Expense ----- .........$ Capital Outlay ._..__.._... .................................... ^ Authority Lease Rentals ............................ $

7,717,716 1,808,747
54,865 4,000 13,025 298,630 10,754 --0-- 105,622 249,165 127,465

Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.
Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid

376

JOURNAL OP THE SENATE,

shall be the pro rata part of the cost of employer con tributions to the Teachers' Retirement System appli cable to such salary.

Provided, that of the above appropriation relative to Compensatory Education, $10,246,750 is designated and committed for a compensatory education program for students in grades 1 through 4. Provided, further, these funds shall be distributed based on a parity form ula for remedial purposes only.

Provided, that of the above appropriation relative to selective pre-school development, funds shall be used to fund a half-day program for children who are age five by December 31, as follows: First priority for use of funds shall be to serve all five-year old children who are mentally, physically, or emotionally handicapped. The balance of said funds shall be used for development programs for five-year old children who are determined to be the most deficient in the developmental skills necessary to succeed in the first grade. Provided, how ever, that such need be assessed on the basis of tests specifically developed for use with children of pre school age, measuring abilities and perception, language, and visual motor coordination. Local systems shall ad minister such tests to screen the academic readiness as a criterion for admission.

Provided, that the above appropriation relative to selective pre-school development shall be distributed to local systems on the basis of projections derived from the preceding year's first grade ADA.

Provided, further, that for said selective pre-school development program, the instructional unit shall be earned on the basis of one teacher and one aide for each 40 students in average daily attendance; except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students in average daily membership. Each instruc tional unit shall be funded on the basis of actual reim bursement for salary, retirement, and school lunch cost, and $10,155 for operational cost incurred in said pre school development program to include maintenance and operation, sick and personal leave, instructional media, testing, transportation, and additional instruc tional personnel when such additions will have the effect of serving additional students, provided such additional students shall not be used for the purpose of earning additional instructional units.

Provided, that independent school systems shall be eligible to participate in the "mini-buses" transportation program for Special Education Students.

FRIDAY, JANUARY 23, 1976

377

Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973.

Provided, that from the appropriation of $346,332 above for Criterion-Referenced Testing for Students, Criterion-Referenced Testing for Teachers and for Com petency-Based Certification Development, the State Board of Education is authorized to utilize these funds interchangeably to accomplish the development of all or any portion of the above mentioned activities.

Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.

Provided, that of the above appropriation, relative to special education $27,500 is designated and committed for payment to the Houston County Board of Educa tion for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,926,000 is specifically appropriated for the pur pose of financing a school construction program through out the State of Georgia which shall consist of the con struction and equipping of school buildings and facilities through the issuance of not to exceed $22,150,000 in principal amount of General Obligation Debt. Also pro vided, that of the above $22,150,000 for school construc tion an amount not to exceed $5,000,000 is designated and committed for the purpose of construction and equip ping comprehensive high schools. The allocation of these funds shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolidation within a system, reno vations, outstanding local effort of school systems, age and conditions of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution.

Provided, that of the above appropriation, $1,400,000 is specifically appropriated for Grants to School Systems for Capital Outlay purposes.

378

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relating to Area Vocational-Technical Schools -- Construction Grants, $25,000 is designated and committed for archi tectural and engineering planning for the Area Voca tional-Technical School authorized in Chatham County.

Provided, that in Sections 20 and 21 of the Adequate Program for Education Act, as it relates to earnings of non-teaching certificated personnel which are not fully funded, and this Act causes a division of allocation which had previously been provided from a single Sec tion of the Minimum Foundation Program of Education Act, it shall be permissible for the State Board of Education to use non-teaching certificated personnel interchangeably in the divided sections so as not to cause hardship among the local school systems as it related to non-teaching certificated personnel who are presently employed.

Provided, that of the above appropriation relating to High School Grants, $250,000 is designated and com mitted for new equipment and repairing existing equip ment in food processing centers; provided, further, that the State shall provide no more than 50% of the repair and equipment cost at any center; provided, further, that the maximum amounts of State funds allocated per center shall be $20,000 for new equipment and $3,000 for repairs.

Provided that of the above appropriation relative to Grants for the Severely Emotionally Disturbed, $1,014,485 is designated and committed to establish four Severely Emotionally Disturbed Centers in Dougherty, Spalding, Bulloch, and Fulton Counties.

Section 17. Employees' Retirement System.

Budget Unit: Employees' Retirement System.,,.$

1. Employees' Retirement System Budget:

Personal Services ...,,,,.,,$

Regular Operating Expenses ..........,,_._._...-._..$

Travel

. ,,$

Motor Vehicle Equipment Purchases _._._._._._.$

Publications and Printing ._................_._._..._.___.$

Equipment Purchases __________________________..__._,,.,,..$

Per Diem and Fees ,,___._.___,,$

Computer Charges

. ..,,

$

Other Contractual Expense _______________.__________._..$

Total Funds Budgeted ............._.._._...___..._.___._._.$

State Funds Budgeted _._.._.____......-...._.___.._.._..--_.$

Total Positions Budgeted

--0--
536,877 37,763
5,000 --0--
12,000 3,500
65,000 125,000 53,000 838,140 --0--
43

FRIDAY, JANUARY 23, 1976

379

Budget Unit Object Classes:
Personal Services .............................................I Regular Operating Expenses ____________.._..._.________$ Travel .._..._.._......,,..__.......$ Motor Vehicle Equipment Purchases -- ..___.._ $ Publications and Printing ................................if Equipment Purchases ---_.._ ._..-.,,________._._.._____.$ Per Diem and Fees _________--____________.__________________.$ Computer Charges .............................................I Other Contractual Expense . . . . $

536,877 37,763
5,000 --0--
12,000 3,500 65,000 125,000 53,000

Section 18. Forestry Commission. Budget Unit: Forestry Commission ...._.__.._.__.$

8,964,084

1. Reforestation Budget:

Personal Services _____._._.--__._______.__.._________...._.__.$

Regular Operating Expenses ___._...,,_...._..__.......$

Travel

_

$

Motor Vehicle Equipment Purchases ___--_____.$

Publications and Printing __._._........_._._.__...______.$

Equipment Purchases ........................................if

Per Diem and Fees .-.____.._............_..._.....____-...._$

Computer Charges ___._.--__________..-____...--_.____....$

Other Contractual Expense _._............_.....--..._..$

Total Funds Budgeted ___...__.________..._.______...._.___.$

State Funds Budgeted _.__.... __._.._.___..-_._--__.._-$

Total Positions Budgeted

382,378 279,080
1,347 3,600
426 21,410 35,000 10,053 --0-- 733,294 230,083
28

2. State Forests Budget:

Personal Services ._.-...._--..........--_._._........_......$

Regular Operating Expenses ...._. ____.__.....--______.$

Travel .....

$

Motor Vehicle Equipment Purchases ... - -- $

Publications and Printing ...............................I

Equipment Purchases _.._--________ --_._._..----__.._.-$

Per Diem and Fees ......._...................._......-.._._..$

Computer Charges .....----.......----..--.--.--.......$

Other Contractual Expense ... .._.....----. $

Ware County Grant . ....._.................................$

Total Funds Budgeted .... ............ ....... .........$

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

Total Positions Budgeted

69,112 19,915
84 --0--
88 850 --0-- --0-- --0-- 60,000 150,049 --0--
6

3. Field Services Budget:

Personal Services .... ...._..........._.._........._._......._.$

Regular Operating Expenses ,, ._...................$

Travel

.

.

.

$

Motor Vehicle Equipment Purchases ..--__._.. $

Publications and Printing .................._._....._._.$

Equipment Purchases ..... ......... .................... $

Per Diem and Fees ......_._...................._..........._..$

Computer Charges ......_..........._.........................$

8,389,534 1,860,398
70,634 848,544
12,995 117,996 14,660
18,431

380

JOURNAL OF THE SENATE,

Other Contractual Expense ...............................I Total Funds Budgeted _._._..______________________________._$ State Funds Budgeted ...........................^ Total Positions Budgeted

--0-- 11,333,192 8,235,840
799

4. General Administration and Support Budget:

Personal Services __._.$

Regular Operating Expenses ....................-.--$

Travel -_-_-__.___._______________-.___________.___-_-._-.___-.__.$

Motor Vehicle Equipment Purchases ___._______.$

Publications and Printing --_________,,$

Equipment Purchases

___,,..______-,,--_,,$

Per Diem and Fees ....................

....^

Computer Charges _._.______.______________..____....___________$

Other Contractual Expense __________________,,.__.--_-$

Total Funds Budgeted .................,,__..______.._..___.$

State Funds Budgeted _._..._._...___._.__,,.._._____________$

Total Positions Budgeted

402,823 71,169 10,012 --0-- 13,136
2,855 2,500 55,294 --0-- 557,789 498,161
25

Budget Unit Object Classes:

Personal Services .................................$

Regular Operating Expenses __________________.______.$

Travel .......................................

$

Motor Vehicle Equipment Purchases ,,----__,,__$

Publications and Printing

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

Equipment Purchases .------_____._______________________$

Per Diem and Fees ..........................$

Computer Charges

................ ^,

Other Contractual Expense .............,,__.___._._.._..$

Ware County Grant __--__.--.................__.___.__.___.$

9,243,847 2,230,562
82,077 852,144 26,645 143,111
52,160 83,778 --0-- 60,000

Provided, that of the above appropriations relating to Personal Services, $55,949 is designated and com mitted to upgrade the Towerman Series.

Section 19. Forest Research Council. Budget Unit: Forest Research Council ......._..$

Forest Research Council Budget:

Personal Services

-- ___,,___._.____--,,---- $

Regular Operating Expenses ..._,,._.__.________._.,,__.$

Travel ........................^ ....................^

Motor Vehicle Equipment Purchases ..........--$

Publications and Printing _._..................,,..__.___.$

Equipment Purchases ................

...........^

Per Diem and Fees ............................................I

Computer Charges .-...-..--.-.......___.__._,,-------_..$

Other Contractual Expense ...._.__.__________..___-..$

Total Funds Budgeted .__.___._._.._-.__....................$

583,393
95,554 31,233
3,500 --0--
25,000 --0--
500 --0-- 538,170 693,957

FRIDAY, JANUARY 23, 1976

381

State Funds Budgeted ...__________.__--.._.........._..___.$ Total Positions Budgeted

583,393 7

Budget Unit Object Classes:

Personal Services --,,______.,,._....._.__--.__,,__,,__.___.$

Regular Operating Expenses ..........................$

Travel

____..__._$

Motor Vehicle Equipment Purchases ......__._._ $

Publications and Printing ___._,,..______________________.$

Equipment Purchases .....,,._______---_----_._--......$

Per Diem and Fees _________._._______________/_______________.$

Computer Charges _______.____........--.,,,,___.._,,_..___.$

Other Contractual Expense _____.......__.._......._____.$

95,554 31,233
3,500 --0--
25,000 --0--
500 --0-- 538,170

Section 20. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation ________________________________________________________ $

7,254,465

1. General Administration Budget:

Personal Services ................$

Regular Operating Expenses ___________-__._..___.._..$

Travel

_._._......,,...__.._.,,._.._.$

Motor Vehicle Equipment Purchases ___._______.$

Publications and Printing ___._._............._.._._____.$

Equipment Purchases ___,,._.___._______.____________________$

Per Diem and Fees ______________________.--............$

Computer Charges ______..___.__... ._............_..___.__.___.$

Other Contractual Expense _..___________________________.$

Total Funds Budgeted ......................................$

State Funds Budgeted ____________........__............___.$

Total Positions Budgeted

359,299 85,269
4,000 --0--
3,650 3,500 4,000 5,200 1,646 466,564 466,564
27

2. Operations Budget:
Personal Services .__________.________.._.._-.___...............$ Regular Operating Expenses ._..._..._......._..__..$ . Travel .........................................................I Motor Vehicle Equipment Purchases ___._._.._..$ Publications and Printing _____,,--,,--,,_-_--_,,_---$ Equipment Purchases ..................-....._-...---.$ Per Diem and Fees ............................................$ Computer Charges _._.___.__.____.____.._____._____.___._._.___.$ Other Contractual Expense ____.--__-------------$ Evidence Purchased ..........................--....--......$ Total Funds Budgeted ..................................... $ State Funds Budgeted ..............__._..._.._.. ........ $ Total Positions Budgeted

2,714,822 400,136 183,069 179,366 3,500 32,887 10,500 1,000 --0-- 98,000
3,623,280 3,315,534
169

3. Crime Laboratory Budget:
Personal Services ...........................................I Regular Operating Expenses --..--.--------.--.$

1,132,595 324,816

382

JOURNAL OF THE SENATE,

Travel .---------- ._ .---- ..

$

Motor Vehicle Equipment Purchases --------$

Publications and Printing _._.__------------------$

Equipment Purchases --------------------------_$

Per Diem and Fees ------------------------------$

Computer Charges --------------------------$

Other Contractual Expense -- ------------ $

Total Funds Budgeted .--------------.----------$

State Funds Budgeted ------------------------ $

Total Positions Budgeted

19,500 17,500 4,862 103,124
344 91,033 --0-- 1,693,774 1,430,579
80

4. Georgia Crime Information Center Budget:
Personal Services -------------------------------- $ Regular Operating Expenses ------------..----$ Travel -----------------------.------ -$ Motor Vehicle Equipment Purchases --------$ Publications and Printing---------------------.$ Equipment Purchases ----------------------.----$ Per Diem and Fees ----_------_------------------$ Computer Charges ------.----------------------$ Other Contractual Expense --------------------$ Total Funds Budgeted --------------------------$ State Funds Budgeted ----.--------------------$ Total Positions Budgeted

1,222,390 453,922 11,000 --0-- 151,016 31,590 2,500
1,032,001 40,584
2,945,003 2,041,788
120

Budget Unit Object Classes:

Personal Services --------

--

--$

Regular Operating Expenses .----------------.$

Travel -

---------------------...,,_..._.$

Motor Vehicle Equipment Purchases ___.___.___.$

Publications and Printing _------------------_._.$

Equipment Purchases --------------------------$

Per Diem and Fees _._.______.__....,,.......___------_____.$

Computer Charges ........___.__...______.___.__________...__.$

Other Contractual Expense ___._._._____..__._...........$

Evidence Purchase ______----_--------------------$

5,429,106 1,264,143
217,569 196,866 163,028 171,101 17,344 1,129,234 42,230 98,000

Section 21. Georgia Motor Vehicle Commission.
Budget Unit: Georgia Motor Vehicle Commission ___.___.____._..__..____..,,.--......--------------$
Georgia Motor Vehicle Commission Budget:
Personal Services ............................-......-........$ Regular Operating Expenses .__.__-.-.--._..------ $ Travel .__.___._._.___.___.__._____--__.__--_------------._--$ Motor Vehicle Equipment Purchases ..------.$ Publications and Printing .-..------.,,,,--.--.--.$ Equipment Purchases -------------------------- Per Diem and Fees ......_------_-----_----------$ Computer Charges ----------------------------$ Other Contractual Expense ..........,,...._.-..._._____.$ Total Funds Budgeted _.__.....__.__..__.....__.._------.$

52,029
26,239 11,180
500 --0--
3,110 1,000 10,000 --0-- --0-- 52,029

FRIDAY, JANUARY 23, 1976
State Funds Budgeted _.._.._..._.___....._........_._.__.$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ....--.-______._,,--...,,...-...-.--..._-.$ Regular Operating Expenses ...-._._.___.___._______.$ Travel ..-..........-_.____............._....__.__.,,_.,,._.__,,.......$ Motor Vehicle Equipment Purchases ,,......__..$ Publications and Printing _____--___-_--_,,.__________$ Equipment Purchases .--.--......------------........$ Per Diem and Fees _________,, ,,._. ,,________.____$ Computer Charges .,,.__.________.,,--_..I.......,,_______$ Other Contractual Expense ..__------....-...,,.___.$

383
52,029 2
26,239 11,180
500 --0--
3,110 1,000 10,000 --0-- --0--

Section 22. Georgia State Financing and Investment Commission.

Budget Unit: .Georgia State Financing and Investment Commission _--,,,,--------------------$

250,000

Departmental Operations Budget:
Personal Services _,,__--___-_______._..___..,,_._-__._______.$ Regular Operating Expenses ............__.........__.$ Travel ----__,,___________.-----$ Motor Vehicle Equipment Purchases -__,,-_,, $ Publications and Printing __.__------------__,,___..$ Equipment Purchases .__.._.___.___.___.,,...............$ Per Diem and Fees _,,,,,,___..--,,--.-$ Computer Charges ..............,,..--.--_--__-__________..$ Other Contractual Expense .._.____.__._._...._..._.._...$ Revolving Funds for
Construction Planning __.____-.__..__..__...............$ Total Funds Budgeted __._,,..-....-- ............_._ $ State Funds Budgeted ,,._.______.________..__..__.._______.$ Total Positions Budgeted

765,592 287,000
11,500 --0--
21,500 20,000 71,000 20,000 71,700
250,000 1,518,292
250,000 44

Budget Unit Object Classes:
Personal Services ,,__.............,,......-................... $ Regular Operating Expenses -,,_.____.__________--_.$ Travel ...-..-.....,,.....................___-_.-------$ Motor Vehicle Equipment Purchases ___.__--.. $ Publications and Printing _____._.__..___._...___.__.____.$ Equipment Purchases _______.._._,_..__._._____.___.___.__..$ Per Diem and Fees ._-..-..................-----_.-$ Computer Charges ...........................................$ Other Contractual Expense ...._...-....................$ Revolving Fund for
Construction Planning _._.___....._.__..___._._.____._..$

765,592 287,000
11,500 --0--
21,500 20,000 71,000 20,000 71,700
250,000

Provided, that of the above appropriation to the Georgia State Financing and Investment Commission, up to $48,000 is designated and committed to prepare

384

JOURNAL OF THE SENATE,

plans for a Regional Youth Development Center in Muscogee County.

Provided, that of the above appropriation to the Georgia State Financing and Investment Commission, up to $10,000 is designated and committed to prepare plans for a Sheltered Workshop in Dougherty County.
Provided, however, that none of the above appro priation relating to the Revolving Fund for construction planning shall be committed or expended unless specifi cally authorized in an Appropriations Act of the Georgia General Assembly, or approved by a majority of the members of the Fiscal Affairs Subcommittees of the House and Senate.

Section 23. Office of the Governor.
A. Budget Unit: Governor's Office .....__._._........-_.$
Cost of Operations .......,,_.____...........____...........__.$ Mansion Allowance ___........________.____.....__-___._.,,....$ Governor's Emergency Fund .__..__.___......._._______.$ Gubernatorial Transition Allowance ....,,....___.$ Total Funds Budgeted .._-________.______.,,___--____.._._-$ State Funds Budgeted __.......,,.___.___....._,,__.._......$

2,782,980
844,380 38,600
1,900,000 --0--
2,782,980 2,782,980

Budget Unit Object Classes:
Cost of Operations ._.._,,,,,,.....,,...$ Mansion Allowance _,,_______.._____._______,,_.,,,,_____..__.-$ Governor's Emergency Fund __.......__.___......__._._.$ Gubernatorial Transition Allowance _____._,,---$

844,380 38,600
1,900,000 --0--

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies fey the Governor and to be expended by the Governor at his discretion in any emergency that he may determine re quires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

B. Budget Unit: Office of Planning and Budget __.....__._.............__-_...........__--...._--__.._..? 2,577,233

FRIDAY, JANUARY 23, 1976
1. General Administration and Support Budget:
Personal Services ___._--_,,_______......._.______..,,.._....$ Regular Operating Expenses _____,,.__._--,,_______$ Travel ..-.-_.___-.....-____.._...-.,__..,,........___.__.___,,.......$ Motor Vehicle Equipment Purchases .....__.__..$ Publications and Printing .___._......._...______.........$ Equipment Purchases ----__--_,,.______---,,.--_______$ Per Diem and Fees .__--......._______..,,.........______.....$ Computer Charges --.._--_.--..--......--,,-----.-.--..$ Other Contractual Expense ........__._.,,....,,.....___.$ Payments to Regional Commissions ----______._.$ Total Funds Budgeted ....____________._.....,,____,,.,,...$ State Funds Budgeted -.._........ ..._.-___.___.........$ Total Positions Budgeted
2. Council of the Arts Budget:
Personal Services _______.--_______________-_--._--.______.$ Regular Operating Expenses __,,_-.----------__.$ Travel .-.--.__._.--,,_....__,,..----..$ Motor Vehicle Equipment Purchases _______,,..$ Publications and Printing .....,,__.___,,__.._.........$ Equipment Purchases --------___------------$ Per Diem and Fees .....--.._-__.,,......_..--._---____.$ Computer Charges --.-------,,--.--..----------_-.$ Other Contractual Expense ___,,._...----..,,_______.$ Art Grants .. .____._._,,,,_ _............__________....$ Total Funds Budgeted ________._____..,,___-,,__...._._...___.$ State Funds Budgeted _._______________._.__--________.___.$ Total Positions Budgeted
3. Budget Division Budget:
Personal Services ....._......__._._._.____.,,.............__.$ Regular Operating Expenses --.------------_-$ Travel __-._._______-..-......___.____.-.........-.....-__________-.-.$ Motor Vehicle Equipment Purchases _--,,_--_.$ Publications and Printing ......_._.___._.,,_.,,_.........$ Equipment Purchases --.._____________,,_--__--_--,,___$ Per Diem and Fees ._._...._.._________.,,,,.....-...-..___.$ Computer Charges ...._--,,-___.__,,__..-------._____.$ Other Contractual Expense --,,--___---------__$ Total Funds Budgeted ____..-..........-__-__._..........$ State Funds Budgeted _..___.___.__..___-_-____...__.___..$ Total Positions Budgeted
4. Intergovernmental Relations Budget:
Personal Services -___-__,,.,,..-.........--.-,,_._____--.....$ Regular Operating Expenses ____,,,..,,_------__$ Travel ......--______-.-.......-____......,,...._-..--_-____$ Motor Vehicle Equipment Purchases .______.....$ Publications and Printing ...._.,,__...._._._.___...,,....$ Equipment Purchases ,,..._..__.__._.._..,,--,,,,_...--.,,_.$ Per Diem and Fees .__..--.._..__......__._.--_..-___.....-_$

385
280,691 26,819
7,000 --0--
2,950 1,500 37,500 5,600 153,230 175,500 690,790 677,790
18
44,261 5,923 2,706
--0-- 2,456 500
--0-- --0-- --0-- 346,649 402,495 152,846
3
313,376 14,379 8,000
--0-- 12,000 1,250 1,000
--0-- --0-- '350,005 237,005
16
287,474 25,148 21,500 --0--
3,600 1,000 --0--

386

JOURNAL OF THE SENATE,

Computer Charges --___--___,,________,,._____________.$ Other Contractual Expense ....... ..^ ..........$ Total Funds Budgeted ________...-_____,,_.._..______.,,___$ State Funds Budgeted -__--,,__________.___,,____________.$ Total Positions Budgeted

--0_ --0-- 338,722 313,722
19

5. Management Review Budget:
Personal Services ....__..__.____..............,,___,,___.__.$ Regular Operating Expenses ._______..__...__.,,._....$ Travel ................................$ Motor Vehicle Equipment Purchases ._...,,.,,.__$ Publications and Printing _,,__,,.,,______,,,,,,_________$ Equipment Purchases --._______._____,,.._____._______.$ Per Diem and Fees ----,,_____,,.,,..........._...__........$ Computer Charges ..................................$ Other Contractual Expense --....--.....--..--..----.$ Total Funds Budgeted _-.._____.____._.,,___.___...__._.._.$ State Funds Budgeted .,,____..___.______.__.._ ._...__.___.$ Total Positions Budgeted

279,143 10,980 4,000
--0-- 1,250 500
--0-- 500
--0-- 296,373 246,373
15

6. Policy Planning Budget:
Personal Services -----.-..-.....--..-...-..-.-.--.-....-I Regular Operating Expenses ___________________,,___$ Travel -,,,,,,______.______,,_,,___,,..,,,,,,_,,,,_.__,,..,,_,,$ Motor Vehicle Equipment Purchases _______.___.$ Publications and Printing .,,_.,,...,,.__......__._______.$ Equipment Purchases .......... .........................^ Per Diem and Fees .......................................^ Computer Charges ._.____________._______________._________._.$ Other Contractual Expense __,,..__..____.___._______.$ Total Funds Budgeted .....................................^ State Funds Budgeted .................................$ Total Positions Budgeted

501,232 23,178 15,000 --0--
8,000 2,000 29,800 20,000 --0-- 599,210 365,210
30

7. Office of Consumer Affairs:

Personal Services

...............^

Regular Operating Expenses _____________,,__--_,,$

Travel

...

$

Motor Vehicle Equipment Purchases ______..___.$

Publications and Printing ..._.,,.,,,,,,,,___.___.______.$

Equipment Purchases ._._--------,,,,._-,,----_----$

Per Diem and Fees ........................................--.$

Computer Charges ________,,___-___.___._______________...___.$

Other Contractual Expense _______.__..................$

Total Funds Budgeted .,,.,,_.__.___.___...___._._.....-...$

Indirect Communications Funding .._..__,,_____.$

State Funds Budgeted ..........................__.,,__.._$

Total Positions Budgeted

329,761 90,254 10,830 --0--
8,250 --0--
4,120 62,000
2,500 507,715
85,650 297,065
49

8. State Energy Office Budget:
Personal Services _.._,,,,._______.-.,,..-.__.....,,......__.$ Regular Operating Expenses _______________,,________.$

161,213 20,933

FRIDAY, JANUARY 23, 1976
Travel ___-_---_________.,,_.___________.________$ Motor Vehicle Equipment Purchases --_--____$ Publications and Printing ___.___________________________.$ Equipment Purchases .......________--__.________________.$ Per Diem and Fees _.____________..____________________________$ Computer Charges .____________.--___________.___.___________$ Other Contractual Expense ------___._--.___________.$ Total Funds Budgeted ________.._____._-______..___.______.$ State Funds Budgeted ___....-_...._._..._.........;______..$ Total Positions Budgeted

387
5,200 --0--
7,000 1,000 --0-- --0-- --0-- 195,346 145,346
12

9. Georgia Post-Secondary Education Commission Budget:
Personal Services __..___._______._--__.._._______.._.____.___.$ Regular Operating Expenses _________ ________________$ Travel -__..__...._ _,,_._._____,,__._____.___,, $ Motor Vehicle Equipment Purchases ___________.$ Publications and Printing _.--___.___.__________________.$ Equipment Purchases __________._-___._____________________.$ Per Diem and Fees ------.....-------------.--..--.I Computer Charges .--.--...,,_----------_-.-..,,__-__.$ Other Contractual Expense _------_-___.__----______$ Total Funds Budgeted ________.___________________________.$ State Funds Budgeted __..._.,,_______.___.$ Total Positions Budgeted

71,000 11,207 2,500 --0-- --0--
525 1,500 --0-- --0-- 86,732 43,425
4

10. Intern Program Budget:

Personal Services __.________,,.________________,,__$

Regular Operating Expenses .__.__.----_____________$

Travel -- _.____._--_

$

Motor Vehicle Equipment Purchases ___________ $

Publications and Printing ___________._______________.___.$

Equipment Purchases ___________---_----__----_--__._.$

Per Diem and Fees __________.___.---.-.__-.__.--_.__,,___ $

Computer Charges ______________,,--------_.._--_.___--.$

Other Contractual Expense ,,_------------_-__.___$

Intern Stipends ________.__.________...__.____._.._._____._______.$

Total Funds Budgeted _._.____.____________________________.$

State Funds Budgeted ________-_______...__________________.$

Total Positions Budgeted

67,007 2,875 1,269 --0-- 2,000
300 --0-- --0-- --0--
25,000 98,451 98,451
4

Budget Unit Object Classes:

Personal Services ___________,,__.._.._.,,_.,,__._,,_..__.__-___ $

Regular Operating Expenses ________________,,__,,.___ $

Travel _._____.________..._.__..._...__..._._.__..__..__.--___._______. $

Motor Vehicle Equipment Purchases ___________ $

Publications and Printing __._-___.___.___-___________.__$

Equipment Purchases ________.---_-__--,,------_---.$

Per Diem and Fees ._.......__.______,,._._____--._,,-_,,_,,.$

Computer Charges ___.____-__-_,,_____-___-_...-...._..___.$

Other Contractual Expense ._,,_______.._____.___________ $

Art Grants

.

^

2,335,158 231,696 78,005 --0-- 47,506 8,575 73,920 88,100 155,730 346,649

388

JOURNAL OF THE SENATE,

Payments to Regional Commissions ____________.__.$ Intern Stipends -.......-.--..._______,,_,,,,......,,.,,_.______.$

175,500 25,000

Section 24. Grants to Counties and Municipalities.

Budget Unit: Grants to Counties and Municipalities ._,,.............._.,,..,,__.__...._........_.__.___. $ 6,800,000

1. Grants to Counties ----,,_________$
Total Funds Budgeted ......-...__.__._._.......,,._.___-_.$ State Funds Budgeted -_...............___.__........._..._$

2,600,000
2,600,000 2,600,000

2. Grants to Municipalities ______________.,,_,,____$
Total Funds Budgeted ,,_________________,,____,,______.____.$ State Funds Budgeted ..___________.____.__,,__.___________.$

4,200,000
4,200,000 4,200,000

Budget Unit Object Classes:
Grants to Counties .,,___,,___.___.__,,.,,,,.__.___,,,, ..$ Grants to Municipalities ..__._............_-........._..$

2,600,000 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 25. Department of Human Resources. A. Budget Unit: Departmental Operations __.._____.$ 240,198,027.38

1. General Administration and Support Budget:
Personal Services _-,,__,,_____-_,,_._,, Regular Operating Expenses ----____.... Travel ----- .__...........-...,,_.__..-.......____...... Motor Vehicle Equipment Purchases Publications and Printing ______,,...._____. Equipment Purchases -,,.._---- --..,,--- Per Diem and Fees ---__.----__----_--,,-- Computer Charges -,,--,,___.--..-,,---.--..,, Other Contractual Expense _-_--___,,,,_. Capital Outlay ,,.________.___ .______...... State of Georgia General Obligation
Debt Sinking Fund .......,,__.--..,,._____. Total Funds Budgeted __.,,-_,,.. Indirect Computer Funding ________,,_____. Indirect Communications Funding .__. Agency Funds -_.,,.....--__.--...._--...---- State Funds Budgeted _______,,__----______-- Total Positions Budgeted

7,660,224 1,465,031
231,926 --0--
52,266 22,623 59,759 1,396,258 81,300 120,500
149,223 11,239,110
1,286,300 188,350
4,635,466 5,128,994
586

FRIDAY, JANUARY 23, 1976

389

2. Special Programs:

Personal Services ......................................$

Regular Operating Expenses ______________,,_--_._.__.$

Travel

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

Motor Vehicle Equipment Purchases ._......._.$

Publications and Printing ...............................$

Equipment Purchases ___--____________________--_-----..$

Per Diem and Fees ...........................................^

Computer Charges -_--_--._____--___,,_-..--_-------_.$

Other Contractual Expense .._...______.____-___...,,._. $

Total Funds Budgeted ......................._...-_..._..._.$

Indirect Communications Funding .....,,,,.,,..,,_ $

Agency Funds ....................................................^

State Funds Budgeted .................:^

Total Positions Budgeted

654,636 104,838 70,381 --0-- 11,187 --0--- 11,974 10,000 31,823 894,839 13,910 363,782 517,147
34

3. Physical Health--Program Direction and Support Budget:

Personal Services ................................... ^

Regular Operating Expenses _._----_,,_,,-----_.$

Travel

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

$

Motor Vehicle Equipment Purchases --,,--__$

Publications and Printing ................................$

Equipment Purchases ..................----.--.....--..^

Per Diem and Fees .....................................--....$

Computer Charges ___.____.___._,,.......!.................$

Other Contractual Expense ....-........--...------.$

Total Funds Budgeted ......................................^

Indirect Communications Funding _,,......,,......$

Agency Funds _______________----__----_----_--_----_.$

State Funds Budgeted .,,,,,,,, ............,,_.___ $

Total Positions Budgeted

1,294,389 158,931
26,950 --0--
23,900 2,500
200 --0-- --0-- 1,506,870
73,530
15,502 1,417,838
91

4. Physical Health--Family Health Budget:
Personal Services ...... ^........... .............$ Regular Operating Expenses ,,--_.--_--------..$ Travel __....._....__..__.___.-....-............._--...----. $ Motor Vehicle Equipment Purchases --,,..--_ $ Publications and Printing __.______._..___,,__-------- $ Equipment Purchases ............... ................. .$ Per Diem and Fees ____________________..__.__----------_ $ Computer Charges ....-...-..-.___-_.-.-..------- $ Other Contractual Expense _.._.___........_.___.._.... $ Regional Grants for Prenatal and
Postnatal Care Programs ............................^ Crippled Children Benefits ......................--.....$ Kidney Disease Benefits ___..........__.__,,_....---$ Cancer Control Benefits ,,_..__.-..._.......__._--_.$ Contract for the Purchase of Clotting
Factor for the Hemophilia Program .__.___$ Maternal Health/Family Planning
Benefits ..............-- ^ Total Funds Budgeted .....__.__,,.-....-_.__----_.$ Indirect Computer Funding ..................^

4,027,753 1,057,315
337,114 --0--
52,093 24,170 519,054 110,000 1,007,822
150,000 3,034,626
300,000 459,000
100,000
4,081,228 15,260,175
89,300

390

JOURNAL OF THE SENATE,

Indirect Communications Funding ,,_____________$ Agency Funds ------...........................................I State Funds Budgeted ......................$ Total Positions Budgeted

41,060 6,652,793 8,477,022
372

5. Physical Health--Community Health Budget:

Personal Services ........................... ^,

Regular Operating Expenses --------....._...._.?

Travel ...................................... ^

Motor Vehicle Equipment Purchases --.--.....$

Publications and Printing ..__._..._...._..._.____.,,...$

Equipment Purchases ........................... ^

Per Diem and Fees .________._.___....._._.__._.____________.$

Computer Charges .................................. ^

Other Contractual Expense ....................__...._.$

Facilities Construction Grants ....--......--_____.$

Total Funds Budgeted ....................................If

Indirect Communications Funding _____________ $

Agency Funds ........................... ^

State Funds Budgeted

__.____.._.____$

Total Positions Budgeted

5,039,150 941,473 262,981 --0-- 54,711 5,900 139,418 25,000 268,991 --0--
6,737,624 17,650
1,712,894 5,007,080
353

6. Physical Health -- Local Services Budget:

Personal Services

...................... ^.

Regular Operating Expenses ..__....................$

Travel .._.._.___.___._...__..$

Motor Vehicle Equipment Purchases ._......_.. $

Publications and Printing _____,,_._____.____._________..$

Equipment Purchases ____.___.__.___.__.__..__.___._____...$

Per Diem and Fees ................ ^

Computer Charges ,,_.____.._.__________..____.___._____...___.$

Other Contractual Expense ........................... $

Grant for DeKalb County Mental

Retardation Project .......... .....^

Grant for Chatham County

Mental Retardation Project .................._.....$

Grant-In-Aid to Counties ................................I

Total Funds Budgeted ........................... ^

Indirect Communications Funding .....__.___.. $

Agency Funds ........--......_..___.......................... $

State Funds Budgeted _...............,,____..._..____....$

Total Positions Budgeted

5,289,978 428,826 412,458 --0-- 4,360 30,304 147,004 --0-- 312,328
97,300
92,800 9,028,977 15,844,335
53,200 3,366,539 12,424,596
357

7. Mental Health -- Program Direction and Support Budget:
Personal Services ......................$ Regular Operating Expenses .-.--_-._--.--_,,.___.$ Travel .................................................... .^ Motor Vehicle Equipment Purchases .......... $ Publications and Printing ........................ ..^ Equipment Purchases ..................................$ Per Diem and Fees ......................................$ Computer Charges ............................... ....^

957,593 80,519 85,347 --0--
8,800 --0--
11,100 100,000

FRIDAY, JANUARY 23, 1976

391

Other Contractual Expense ____............,,_.____....$ Total Funds Budgeted ___.___.__...............__-___....$ Indirect Computer Funding ...------.._......._...$ Indirect Communications Funding .....,,_______..$ Agency Funds ..--__._...-......-_._...-...........-____..$ State Funds Budgeted .......,,-.-......,,_.___.-.-....._.? Total Positions Budgeted

414,500 1,657,859
81,190 22,370 452,578 1,101,721
55

8. Drug Abuse Prevention and Abatement Budget:
Personal Services _...._____,,._,,.__________.__,,__._,,$ Regular Operating Expenses ___________._,,_______.$ Travel ._,,,,,,,,.___..__..,,_.__._______._.__._,,,,..$ Motor Vehicle Equipment Purchases _.._--__,,.$ Publications and Printing .,,_.___.,,,,___.._--.__...$ Equipment Purchases --.,,...------------,,--_.....$ Per Diem and Fees ___-_._.....,,_,,__.,,_.._......--___-..$ Computer Charges ___________._,,_________,,.,,____________.$ Other Contractual Expense ---__........._-__..__--.$ Total Funds Budgeted ......-_.-.___........_--___-__.$ Indirect Computer Funding __.,,__........----,,_.$ Agency Funds .............._.__...._.-......--.._._..__...._.$ State Funds Budgeted ....._._,,_........._.___._...........$ Total Positions Budgeted

1,444,509 256,526 54,497 --Q--- 10,644 4,500 86,720 100,000
2,426,938 4,384,334
81,190 3,234,624 1,068,520
122

9. Mental Health -- Local Services Budget:
Personal Services -__...........__.-...-.__...-..__.,,.........$ Regular Operating Expenses .....,,,,..,,__,,.........$ Travel _.__.._,,,,._,,.___.______________.__.,,$ Motor Vehicle Equipment Purchases .,,.....__.$ Publications and Printing __.-------___,,____-_,,.__.$ Equipment Purchases _______,,_--.------,,_------.$ Per Diem and Fees ....___..,,_.___,,......-.........--___.._.$ Computer Charges --__________-_--,,__----__----,,-.$ Other Contractual Expense --.-__.____.____.----... $ Benefits for Family Living Care ....____....._.._ $ Contracts with Day Care Centers
for the Mentally Retarded ._.__.__._._._......_.___.$ Grants for Alcoholism Community
Treatment Programs ....,,..____.-_._______.-....,,._.$ Grants for Child Mental Health __..... _..._... $ Grants for Adult Mental Health ..___.__._.._____$ Foster Grandparent Program and
Group Homes for the Mentally Retarded . $ Total Funds Budgeted ..-.-__-______..__....-.........__ $ Indirect Communications Funding ....___...._$ Agency Funds ___.,,._____--,,.._,,__,,--... $ State Funds Budgeted _____._,,.-..-..._......._.__.__....$ Total Positions Budgeted

212,608 3,020 16,309
--0-- 400
--0-- 100
--0-- 140,500 975,000
23,434,216
2,221,425 949,669
3,581,037
1,700,617 33,234,901
12,670 15,297,388 17,924,843
21

10. Community Social Services and Administration:
Personal Services ---.......-...--..-.---...----I Regular Operating Expenses ___.________............$

3,842,215 372,966

392

JOURNAL OF THE SENATE,

Travel .......................................... $ Motor Vehicle Equipment Purchases ___--.,,_.$ Publications and Printing ..............................^ Equipment Purchases .................................^ Per Diem and Fees ...................... ....^ Computer Charges _________,,.____________.__,,__,,_._$
Other Contractual Expense ... ........--.--...----$ Total Funds Budgeted .................................. ^ Indirect Computer Funds ...............................^ Indirect Communications Funding .__..__._...___.$ Agency Funds ............................................ ^ State Funds Budgeted ........................ ^ Total Positions Budgeted

285,756 --0--
75,605 26,624 7,000 579,000
127,345 5,316,511
201,100 55,865
3,925,321 1,134,225
264

11. Purchase of Social Services:

Personal Services .__--__--............. .............._. $

Regular Operating Expenses .._________.____..,,._..$

Travel ........................................................^

Motor Vehicle Equipment Purchases ..._....._.. $

Publications and Printing ----------------...$

Equipment Purchases .....____,,,,__...............__ $

Per Diem and Fees ......................... .^

Computer Charges _______.___...,,,,_ _,,----._...__..._.$

Other Contractual Expense ....................... ^,

W.I.N. Benefits ..............................$

Grants to Fulton County for 24-hour

Emergency Social Services ..........................$

Benefits for Child Care .........................^

Georgia Indigent Legal Services

Contract

.__.__._.____.

$

Total Funds Budgeted .............................$

Agency Funds -.-----..-.- ...... .......$

State Funds Budgeted .......... .....^

Total Positions Budgeted

--0-- 200,000 --0-- --0-- --0-- --0-- -- 0-- --0-- 28,104,000 2,673,000
130,000 6,717,938
1,025,412 38,850,350 33,442,315 5,408,035
0

12. Community Youth Services:
Personal Services ................................... ^ Regular Operating Expenses ..........................^ Travel .............................................................. ^, Motor Vehicle Equipment Purchases ____...._..$ Publications and Printing ...........,,_.--...,,.,,......$ Equipment Purchases .....................................$ Per Diem and Fees .......................................^ Computer Charges ............-_,,_--.----..--.....,,.--.$ Other Contractual Expense ..........................^ Total Funds Budgeted .......................... ...^ Indirect Communications Funding ................^ Agency Funds ...........................................$ State Funds Budgeted ................^. . . $ Total Positions Budgeted

3,281,183 429,105 236,025 4,112 2,500 12,500 950 --0-- 450
3,966,825 82,640
1,571,101 2,313,084
341

13. Services to the Aged Budget:
Personal Services ..........................................$ Regular Operating Expenses ----------------$

412,080 66,395

FRIDAY, JANUARY 23, 1976

393

Travel ..............................................$

Motor Vehicle Equipment Purchases ____--.... $

Publications and Printing ..........................4

Equipment Purchases ....................................$

Per Diem and Fees ............................... ^

Computer Charges ............................ --.--.....^

Other Contractual Expense .......................-$

Areawide and Community Grants .___._......... $

Nutrition Grants .........,,.............................-....$

Total Funds Budgeted ......__.__....,,_.........-...__..$

Indirect Communications Funding .._,,--__.___ $

Agency Funds ................................ ..^

State Funds Budgeted

............ 4

Total Positions Budgeted

26,074 --0--
4,200 3,278 2,100 --0-- 4,536 1,457,178 2,476,500 4,452,341 11,240 3,990,941 450,160
24

14. Vocational Rehabilitation -- Program Direction and Support Budget:

Personal Services ...................................$

Regular Operating Expenses .--....------.___-_.$

Travel ..........................................................I

Motor Vehicle Equipment Purchases ....,,.....$

Publications and Printing ...._......_.,,___.__-_.,,...$

Equipment Purchases .----.--..----._--...----.--.$

Per Diem and Fees .___-...___.-_..___.......-...._.,,.._-_....$

Computer Charges .............................. ^

Other Contractual Expense ............................9

Grants for Nephrology Centers :.................. 9

Total Funds Budgeted .......................

^

Indirect Computer Funding ....._,,............,,,,. $

Indirect Communications Funding'___,,__.........$

Agency Funds .................................^.............$

State Funds Budgeted ...................... ^

Total Positions Budgeted

549,147 77,445 30,847 --0-- 8,500
1,700 25,285 225,000 55,995 185,000 1,158,919 182,680 24,855 852,174 99,210
35

15. Vocational Rehabilitation -- Facilities Budget:

Personal Services ____________._.--_..___..-__.____.___,,_. $

Regular Operating Expenses ........................$

Travel .....,,.-___-.-._-..,,.._..--._._.__._-_-----.$

Motor Vehicle Equipment Purchases ....___._.$

Publications and Printing _________------_----_-.$

Equipment Purchases .................___.............-_ $

Per Diem and Fees ................................. ^

Computer Charges ------..----------------------$

Other Contractual Expense ____._..--.....--.--...$

Capital Outlay .............................................^

Total Funds Budgeted .................................$

Indirect Communications Funding --_.--_,,_.$

Agency Funds

........$

State Funds Budgeted _________________._.__-----$

Total Positions Budgeted

8,082,708 4,307,671
140,037 45,588 4,005 224,213 147,134 -- 0-- 455,150 --0-- 13,406,506 82,560 11,942,019 1,381,927
698

394

JOURNAL OF THE SENATE,

16. Vocational Rehabilitation -- Services Budget:

Personal Services ..........................................4

Regular Operating Expenses ...................^

Travel .....................................................$

Motor Vehicle Equipment Purchases ..--._.-- $

Publications and Printing -_.___._..________...$

Equipment Purchases ...................................$

Per Diem and Fees .................................. ^

Computer Charges ............................. ...^

Other Contractual Expense ........... ............^

Total Funds Budgeted .............................. ^

Indirect Communications Funding ......--._._.$

Agency Funds

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

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

Total Positions Budgeted

11,891,642 17,104,794
529,477 --0--
6,715 154,238 224,824 --0-- 12,000 29,923,690 234,450 25,593,022 4,096,218
1,020

17. Medicaid Services Budget:

Personal Services .......................

....^ 1,318,679.00

Regular Operating Expenses ...................... 4 434,424.00

Travel ..................................................... ^

10,000.00

Motor Vehicle Equipment Purchases ........$ --0--

Publications and Printing ..................... ^

43,270.00

Equipment Purchases ............................... .^

1,000.00

Per Diem and Fees ........_...................................$

1,600.00

Computer Charges ....................... ......$ 1,920,000.00

Other Contractual Expense .............................$ 365,269.00

Medicaid Benefits ............... ....................$ 295,381,377.00

Reserve for Prior Year

Medicaid Liability ...............................$ 50,236,376.48

Payments to Counties for Adult

Mental Health ........................$ 1,091,482.00

Payments to Counties for

Child Mental Health ........................$ 147,500.00

Payments to Counties for Alcoholism .__..__.... $ 354,000.00

Contracts for Hospital Audits ......................4 140,000.00

Contract with Delta Dental

Plan of Georgia ...................$ 400,000.00

Contract with Georgia Medical

Care Foundation ..................................4 980,000.00

Contracts for Nursing Home and

Dental Audits .......................% 1,056,006.00

Total Funds Budgeted ___._._.,,_........,,._...___.___.._..$ 353,880,983.48

Indirect Computer Funding ..........................4 1,542,390.00

Agency Funds ................ 4 236,616,325.10

State Funds Budgeted ...............................4 115,722,268.38

Total Positions Budgeted

123

18. Public Assistance Budget:
Personal Services .........................................$ Regular Operating Expenses .. .. ..................^ Travel ........................................ ...--.......-- 4 Motor Vehicle Equipment Purchases ...........-$ Publications and Printing __________,,,,__--_--_.__--.$ Equipment Purchases ............................ .4

--0-- --0-- --0--

FRIDAY, JANUARY 23, 1976

395

Per Diem and Fees -...---_._...,,.----_--__.____,,_____$ --0--

Computer Charges --_--_--____--_,,,,............,,,,_$ 560,000

Other Contractual Expense .----------_,,--__--.$ 530,000

Cuban Refugees Benefits ............. ...........^ 100,000

SSI--Supplement Benefits ..,,.....__.__._.._______.._..$ 2,850,000

AFDC Benefits ...............^ ..................... ^ 128,055,195

Total Funds Budgeted ...__,,.........-.-_,,-_.___.____._..$ 132,095,195

Indirect Computer Funding .--.________.............$ 535,850

Agency Funds ................................... ^ 95,674,197

State Funds Budgeted ____.____,,_______________________._.$ 35,885,148

Total Positions Budgeted

0

19. Local Services--Community Services and Benefits Payments Budget:

Personal Services

_.,,........ _...--.-__________ $

Regular Operating Expenses ---,,--.----,,,,_---.$

Travel ................. ^ .....................................$

Motor Vehicle Equipment Purchases -------- $

Publications and Printing _,,,,_------------------$

Equipment Purchases .......................................$

Per Diem and Fees ............................ ^

Computer Charges ....... _________________.___$

Other Contractual Expense __,,,,._--,,----_______.$

Local Services Benefits Payments Grants .._.$

Grants to Counties for Social Services -__-- $

Total Funds Budgeted ................................... ^

Agency Funds ....................................i

State Funds Budgeted _ _ v

--$

Total Positions Budgeted '

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- 26,878,545 22,063,068 48,941,613 29,920,113
19,021,500 0

20. Benefits Payments--Program Administration and Support Budget:
Personal Services ___-_---___-__ $ Regular Operating Expenses .___.___.____._______._-$ Travel _____________________.________________.--------- $ Motor Vehicle Equipment Purchases .,,..._,,,,$ Publications and Printing _____----__,,._---__---- $ Equipment Purchases ______,,____,,_,,,,_,,_______-___-___.$ Per Diem and Fees .............................. .^ Computer Charges _______________.......................% Other Contractual Expense .....,,..._-._.___-____-.$ Total Funds Budgeted .__.____._.-_--...-..__.........-$ Agency Funds ............................... ....... ^ State Funds Budgeted ....._-...............-.------$ Total Positions Budgeted

2,353,609 592,320
166,592 --0-- --0--
17,270 --0-- --0--
28,100 3,157,891 1,539,400 1,618,491
170

Budget Unit Object Classes:
Personal Services ........................... .......4 Regular Operating Expenses ___-__-----~--$ Travel .....................................^ Motor Vehicle Equipment Purchases ___.____.__.$ Publications and Printing _._____.______........,,..,,__$ Equipment Purchases _____-_______---------.$

58,312,103.00 28,081,599.00
2,922,771.00 49,700.00
363,156.00 530,820.00

396

JOURNAL OF THE SENATE,

Per Diem and Fees ----_.--......______________._----._._.$ 1,384,222.00

Computer Charges ....................................^ 5,025,258.00

Other Contractual Expense .................. ^ 34,367,047.00

Grants for Regional Prenatal

and Postnatal Care Programs ,,,,----.$ 150,000.00

Crippled Children Benefits --.._----____--_...--_.$ 3,034,626.00

Kidney Disease Benefits ..............................$ 300,000.00

Cancer Control Benefits .........

^ 459,000.00

Maternal Health/Family

Planning Benefits -....................----.....-..--I 4,081,228.00

Facilities Construction Grants _-.--._--------$ --0--

Grants for DeKalb County

Mental Retardation Project _--------____________.$

97,300.00

Grants for Chatham County

Mental Retardation Project ........................^

92,800.00

Grants-In-Aid to Counties -__----___................$ 9,028,977.00

Benefits for Family Living Care __...---------.$ 975,000.00

Contracts with Day Care Centers for

the Mentally Retarded

............. ^ 23,434,216.00

Grants for Alcoholism Community

Treatment Programs _----._.._..................._-$ 2,221,425.00

Grants for Child Mental Health _.----.........$ 949,669.00

Grants for Adult Mental Health ___.__._--._----$ 3,581,037.00

Foster Grandparent Program and Group

Homes for the Mentally Retarded .............. $ 1,700,617.00

Work Incentive Benefits ........................^ 2,673,000.00

Grants to Fulton County for 24-hour

Emergency Social Services ....__._,,......_.........$ 130,000.00

Benefits for Child Care ---............------.$ 6,717,938.00

Georgia Indigent Legal Services

Contracts ......................_..______............_...........-.$ 1,025,412.00

Areawide and Community Grants ..._--_--.$ 1,457,178.00

Nutrition Grants -,,----------,,-------------$ 2,476,500.00

Grants for Nephrology Centers ........._------..$ 185,000.00

Medicaid Benefits ...................$ 295,381,377.00

Reserve for Prior Year

Medicaid Liability .................... ...^ 50,236,376.48

Payments to Counties for

Adult Mental Health .....................................I 1,091,482.00

Payments to Counties for

Child Mental Health .................... ..^ 147,500.00

Payments to Counties for Alcoholism .......--.$ 354,000.00

Cuban Refugees Benefits ..............................I 100,000.00

SSI--Supplement Benefits ...:..................._--.$ 2,850,000.00

AFDC Benefits ....................$ 128,055,195.00

Local Services Benefits Payments Grants ... $ 26,878,545.00

Grants to Counties for Social Services.......... $ 22,063,068.00

Capital Outlay --------------------$ 120,500.00

State of Georgia General Obligation Debt Sinking Fund .........................^

149,223.00

Contracts for Hospital Audits .......------.- $ 140,000.00

Contract with Delta Dental Plan of Georgia .--------_..---------------------$

400,000.00

Contract with Georgia Medical Care Foundation .............--....-....$

980,000.00

FRIDAY, JANUARY 23, 1976
Contracts for Nursing Home and Dental Audits -___.,,,,_________.___.$
Contract for the Purchase of Clotting Factor for the Hemophilia Program ..._.__.$

397
1,056,006.00 100,000.00

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose.

Provided, that of the above appropriation, $25,000 is designated and committed to establish a Hemophilia Program in the Metropolitan Atlanta Area and $50,845 is designated and committed to operate the Hemophilia Program in Augusta.

Provided further the Department is authorized to utilize funds from other activities for the purpose of providing no more than 60 Homemakers and no more than 20 child abuse caseworkers.

Provided, however, that none of the above appro priation for Medicaid Benefits shall be used to fund any increase in rates for providers of service, unless ap proved in advance by appropriate subcommittees of the House and Senate Appropriations Committees, said subcommittees to be so designated by the respective Chairmen of said Appropriations Committees.

Provided, that of the above appropriation relative to departmental operations, no State funds whatsoever shall be used to pay AFDC benefits to the extent that the net average monthly payment per individual exceeds $32.00 on a quarterly average basis.

Provided, that of the above appropriation, $437,000 is designated and committed for 12%% matching for Day Care Centers in the Appalachian Region.

Provided, that of the above appropriation related to the Vocational Rehabilitation - Facilities Budget $234,425 is designated and committed for the Factories for the Blind in Bainbridge, Atlanta, and Griffin.

Provided, that of the above appropriation, $150,000 is designated and committed for regional prenatal and postnatal care programs.
Provided, that of the funds available in the Physical Health-Local Services Budget not less than $100,000 is committed for continuation of the Community Cardio vascular Council Stroke-Screening Program.

398

JOURNAL OF THE SENATE,

Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screen ing as authorized by House Resolution 67.

Provided, that of the above appropriation, $35,000 is designated and committed to be used to match Title IV-A funds to continue Atlanta Association for Retarded Children's project Rescue outreach advocacy program.

Provided, that the Department of Human Resources is hereby directed to proceed with the preparation of plans for a Sheltered Workshop in Dougherty County, such plans to be paid for by funds appropriated to the Georgia State Financing and Investment Commission.

Provided that the Grants for Social Services au thorized in HB-1EX of the 1975 Extraordinary Session will not be diminished in counties where AFDC rolls are increasing since September of 1975.

Provided that no State funds shall be used for ad vertising the Food Stamp program or other welfare pro grams unless failure to so apply State funds would cause the loss of Federal funds for programs other than
advertising.

Provided that the Departmental contract with Geor gia Indigent Legal Services, Inc., shall be terminated by June 30, 1976. Provided further that no more than $250,000 in State funds shall be applied toward any contracts with Georgia Indigent Legal Services, Inc., in Fiscal Year 1976.

B. Budget Unit: Mental Health and Youth Development Institutions ____-__.___-__-.._.-.----$ 127,317,681

1. Georgia Regional Hospital at Augusta Budget:

Personal Services

_,,..,,,,---$

Regular Operating Expenses _....-- .----------.$

Travel _._._---$

Motor Vehicle Equipment Purchases --_,,--_$

Publications and Printing ..,,.__..__._______..-..........$

Equipment Purchases ___________--__--_------------$

Per Diem and Fees _____________..---.-____---$

Computer Charges ._..._.,,______-__..__-...__..--.--.$

Other Contractual Expense .

- __......_.$

Authority Lease Rentals ..............___.___._...._......$

Outpatient and Aftercare Drug Purchases _______________,,---------_----_----$

Total Funds Budgeted ..._.___._.____.___.__-.-..-.-$

State Funds Budgeted .................................I

Total Positions Budgeted

4,697,611 919,269 8,500 --0-- 2,840 5,000 72,000 70,000 105,360 387,000
--0-- 6,267,580 5,792,580
497

FRIDAY, JANUARY 23, 1976
2. Georgia Regional Hospital at Atlanta Budget:
Personal Services ......__._..........________.....______.____.$ Regular Operating Expenses --..____.--_.....--___-$ Travel ...._________....___.______________._____._____...________________. $ Motor Vehicle Equipment Purchases _,,_......$ Publications and Printing --.,,.--_.,,--__--_._--__.$ Equipment Purchases ------------,,__------,,,,______.$ Per Diem and Fees ...____,,_.......____........___,,_.........$ Computer Charges .__..........__.___.,,......._.__.....,,___ $ Other Contractual Expense __.___.____.__._,,_._____.._ $ Authority Lease Rentals .______._______._.__.._______.._._.$ Outpatient and Aftercare
Drug Purchases -_,,__..----_____,,_._....,,___.......,,$ Total Funds Budgeted ...-__._,,_........_-___........___.$ State Funds Budgeted __-.-_-_.,,.________._.______..______,,$ Total Positions Budgeted

399
5,885,235 1,445,350
9,994 --0--
4,517 --0-- 107,684
75,049 13,867 513,000
--0-- 8,054,696 7,380,915
637

3. Georgia Regional Hospital at Savannah Budget:
Personal Services ___________..___.___________________________.__.$ Regular Operating Expenses .......,,-____...........$ Travel .-.. ------.-----_--- $ Motor Vehicle Equipment Purchases --..,,.___.$ Publications and Printing --,,____.......--.--.---,,.$ Equipment Purchases -..___..--.........._-______........$ Per Diem and Fees ___,,.._________ __,,........,,$ Computer Charges -_.,,_..........-..____.,,..........._.___.$ Other Contractual Expense ______.__.----______.,,.$ Authority Lease Rentals -_... -......._.-_.__._,,_-...$ Outpatient and Aftercare
Drug Purchases --_,,______----__---____..___.._------ $ Total Funds Budgeted ._.._...___.__....................___.$ State Funds Budgeted ,,,,-_________________-__-_.____. $ Total Positions Budgeted

4,565,018 833,392 27,723 --0-- --0-- 23,612 67,790 69,000 34,000 500,000
--0-- 6,120,535 5,621,239
524

4. West Central Georgia Regional Hospital Budget:
Personal Services ___.________--,,____,,_.___________--____$ Regular Operating Expenses ............_..--_.____.$ Travel ...._____...............___._.................._--...._......$ Motor Vehicle Equipment Purchases ._--..... $ Publications and Printing .-_.._._____._------._..--.$ Equipment Purchases .....----- .....----.............$ Per Diem and Fees .-.._..._._..-...............-..._______.$ Computer Charges ____..........-.._.....__.._,,___.._..........$ Other Contractual Expense -__.._._......-.--.........$ Authority Lease Rentals .----..--.......--.--------$ Outpatient and Aftercare
Drug Purchases _._.........-----.-._.____.._-.-..-.----$ Total Funds Budgeted ....____._.._._....._............___.$ State Funds Budgeted .............._.........._..__...__._._.$ Total Positions Budgeted

4,038,808 773,379 17,778 --0-- 400 14,249 9,166 65,000 --0-- 646,500
--0-- 5,565,280 5,395,280
502

400

JOURNAL OF THE SENATE,

5. Northwest Georgia Regional Hospital at Rome Budget:
Personal Services ,,,,_,,______________,,.,,_$ Regular Operating Expenses ---.-.-.......,,.--.- ij> Travel __......_.____________.__,,,,..,,...........,,,,,,_,,._,,........$ Motor Vehicle Equipment Purchases ___._.._.__.$ Publications and Printing ................................$ Equipment Purchases .-......-.--..._._--.................I Per Diem and Pees -._.-..._.._______.__._._________.___.__..$ Computer Charges .__-____._..__.-,,.-._-.-..._.,,.-______.$ Other Contractual Expense ........_.,,..................$ Capital Outlay _______-___._.__.-.-__________..__.._,,-....-......$ Authority Lease Rentals .__._._._.__..,,..________.__.___.$ Outpatient and Aftercare
Drug Purchases __._______.________..._______,,,,-_--...--.$ Total Funds Budgeted .-.................-____.___.-.-.$ State Funds Budgeted ...._.__._._.__..__............._.....$ Total Positions Budgeted

5,762,033 1,119,882
20,000 5,000 5,500 32,718 31,000 75,000 2,400
100,000 853,500
--0-- 8,007,033 7,338,285
712

6. Gracewood State School and Hospital Budget:

Personal Services .----,,,,-,,$ Regular Operating Expenses .______--.............$ Travel _,,__._____.____________________.__..__,,_._____-__---...-.$ Motor Vehicle Equipment Purchases ___.___..__.$ Publications and Printing ._______._..._....._.___.__.___.$ Equipment Purchases ___.______._.__-,,-,,,,-- $ Per Diem and Fees ,,____-..-....-..........._..____.--......$ Computer Charges ....,,,,._______._..............____.__.-.$ Other Contractual Expense .__.___............_______.__.$
Capital Outlay _-------,,,,,, -----$ Authority Lease Rentals ____________,,...________-_--.$ Total Funds Budgeted ,,...._.___.._.._........________.___.$ State Funds Budgeted .......,,__.____-__.._..-----$
Total Positions Budgeted

13,271,753 2,835,710
20,453 13,684
1,702 60,726 44,176 71,000 136,483
--0-- 117,000 16,572,687 11,940,462
1,506

7. Southwestern State Hospital Budget:

Personal Services

.--------$

Regular Operating Expenses _._._,,____--------,,.$

Travel ....-.-.-..-............-.........--.--------.I

Motor Vehicle Equipment Purchases .._.______..$

Publications and Printing --_----_-------------.$

Equipment Purchases ___._,,.....--,,,,------------.$

Per Diem and Fees ........._...._.__.-.....------$

Computer Charges ___.-..........-_____..__..------$

Other Contractual Expense ....___.___........_.__.___.$

Capital Outlay ............-.........-.-..-------I

Outpatient and Aftercare

Drug Purchases ._--__.--_--_----------------_--.$

Total Funds Budgeted ........$

State Funds Budgeted ............-.........-.----I

Total Positions Budgeted

7,357,762 1,485,708
34,476 11,565
1,365 60,694 42,846 70,000 10,075 67,952
--0-- 9,142,443 7,825,115
818

FRIDAY, JANUARY 23, 1976

401

8. Georgia Retardation Center Budget:

Personal Services ___-__._.__.__-__________._________________.$

Regular Operating Expenses ----..--.,,...-.--.--.$

Travel - -

.^ $

Motor Vehicle Equipment Purchases _._____._._.$

Publications and Printing __..____..._._................._.$

Equipment Purchases ........________.________..............$

Per Diem and Fees .__........................._.__.__.__.._._.$

Computer Charges ________-__.___.___._.............._._.._._.$

Other Contractual Expense .._..__.___.___.._-..,,......$

Capital Outlay ..............L... ^,

Authority Lease Rentals .__.................-._...___.__.$

Total Funds Budgeted ._-___-____._.._____,,._...._._-_.__.$

State Funds Budgeted .........__.___.___._.___..: ......._.$

Total Positions Budgeted

9,839,838 1,993,247
22,610 --0--
4,386 18,634 48,917 107,100 1,084,720 263,213 794,000 14,176,665 12,410,038
1,051

9. Georgia Mental Health Institute Budget:
Personal Services _______--__________,,._.______________..______.$ Regular Operating Expenses ......____.._.........._.$ Travel .................................. $ Motor Vehicle Equipment Purchases .__._._._...$ Publication and Printing ....___.___..__....._.______..___$ Equipment Purchases .........................................^ Per Diem and Fees __________-........:_______..............$ Computer Charges ..........--...............................^ Other Contractual Expense ______..__..........__.____.__..$ Authority Lease Rentals ......_.___...__.......__..--_..$ Outpatient and Aftercare
Drug Purchases ..............................................$ Total Funds Budgeted ......................................^ State Funds Budgeted ..................................... ^ Total Positions Budgeted

7,414,763 1,532,285
33,425 --0--
3,870 25,347 48,289 60,810 417,825 450,000
--0-- 9,986,614 9,277,893
681

10. Central State Hospital Budget:

Personal Services

....

4

Regular Operating Expenses ___.._-.-_.,,._------.$

Travel __--,,--$

Motor Vehicle Equipment Purchases ..._._..-...$

Publications and Printing ___.._...._..._.._...._.___.__..$

Equipment Purchases ................................^--.$

Per Diem and Fees ___.____.-.....,,._._._......__.__......- $

Computer Charges __,,_______-_._._________------_--.---$

Other Contractual Expense ...

$

Capital Outlay ................ ^

Authority Lease Rentals _-_..__.-_......___-...--.$

State of Georgia General

Obligation Debt Sinking Fund ....._..............$

Outpatient and Aftercare

Drug Purchases ..._.__._._______......__.___......_..__..__..$

Total Funds Budgeted ......................................^

State Funds Budgeted ....................... ...........^

Total Positions Budgeted

42,003,691 9,192,682
25,826 1,000 322
95,549 50,457 354,351 87,105 --0-- 1,284,000
183,000
750,000 54,027,983 43,821,780
4,701

402

JOURNAL OF THE SENATE,

11. State Youth Development Centers Budget:
Personal Services _._.....___.._......___.....,,.......___...__.$ Regular Operating Expenses ___......___..__..,,.....$ Travel ....._..___......._.___..,,....,,__.,,........___.._..........._.. $ Motor Vehicle Equipment Purchases ------__.$ Publications and Printing ___....,,_____.,,.,,........__.$ Equipment Purchases ___-___--_.__________--,,__________.$ Per Diem and Fees .___.___.......____......._.___.____........$ Computer Charges ,,_____..___,,,,_______.$ Other Contractual Expense ___.____________._________.$ Capital Outlay ,,____._____.________________________.___________..$ Total Funds Budgeted ..,,__..___....._.______._____.....$ State Funds Budgeted .__-__._........__...__._.___-......$ Total Positions Budgeted

5,936,383 1,337,841
10,124 --0--
1,050 7,200 29,200 8,000 10,375 53,500 7,393,673 7,218,627
636

12. Regional Youth Development Centers Budget:
Personal Services ._..__..--_..__._-_.$ Regular Operating Expenses ....___.___...,,,,........$ Travel _..........__.__.......-..-_._.,,.........-____...............__.$ Motor Vehicle Equipment Purchases ,,,,_____..$ Publications and Printing _____,,.......,,,,_______.....$ Equipment Purchases .--_--------___.__--_--_--_--.$ Per Diem and Fees _________________.____.__,,_._._______._.__$ Computer Charges -__,,........-__..__..........--._____...$ Other Contractual Expense _____......,,.,,..______.....$ Capital Outlay ______..-.......__.__.,,....-..,,.___.___.,,......$ Grants to County-Owned Detention
Centers ........___............._-_____.......-.._.._______.........$ Total Funds Budgeted _______________._,,____.___________.$ State Funds Budgeted -_____._-......__._.,,__.____,,......$ Total Positions Budgeted

2,186,272 673,785 12,348 15,500 1,400 27,000 50,358 --0-- --0-- --0--
369,000 3,335,663 3,295,467
286

Budget Unit Object Classes:

Personal Services ______..........-____.__..,,..........___.__..$ 112,959,167

Regular Operating Expenses ,,.-...---_------..$ 24,142,530

Travel ..........___.._-......-..______._.........._.___.______......... $ 243,257

Motor Vehicle Equipment Purchases ..--_,,___.$

46,749

Publications and Printing .....-.____._...-..........__..$

27,352

Equipment Purchases ..,,-___.--............--.___._____...$ 370,729

Per Diem and Fees .___,,_.............-..___-___-...........$ 601,883

Computer Charges _............__..___.,,....,............___.$ 1,025,310

Other Contractual Expense .-...........-._.__..____.? 1,902,210

Capital Outlay ..,,._______,,..............___.__..______...-.....$ 484,665

Grants to County-Owned Detention Centers .__.__............,,_.___.___..__._......$

369,000

Authority Lease Rentals _._-_________._.__.._____._.___.$ 5,545,000

State of Georgia General Obligation Debt Sinking Fund ._..___.___.__.._._.?

183,000

Outpatient and Aftercare Drug Purchases .........................................I

750,000

FRIDAY, JANUARY 23, 1976

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $183,000 is specifically appropriated for the purpose of financing a school for special education at Central State Hospital through the issuance of not to exceed $2,104,000 in pirncipal amount of General Obli gation Debt.

Provided, that of the above appropriation relating to Capital Outlay: $263,213 is designated and com mitted for renovations, to meet Fire Marshal require ments, at the Georgia Retardation Center.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for Fire Safety renovations at Northwest Georgia Regional Hospital.

Provided, that the Department of Human Resources is hereby directed to proceed with the preparation of plans for a Regional Youth Development Center in Muscogee County, such plans to be paid for by funds appro priated to the Georgia State Financing and Investment
Commission.

Section 26. Department of Labor.

A. Budget Unit: Inspection Division _.._.__._._..._.._..$

Inspection Division Budget:

Personal Services

. - -,, . ,,,, .,, $

Regular Operating Expenses _._......_.._.._..._..___.$

Travel ._.____._,,__,,

$

Motor Vehicle Equipment Purchases ,,.-.--.-- $

Publications and Printing _..._._.___.__..,,....,,_.........$

Equipment Purchases ....-...........----,,--.--------$

Per Diem and Fees

.. ,,_ $

Computer Charges ....__......_............._..._...._..__...._.$

Other Contractual Expense _..._..._._..._._..._._..._$

Total Funds Budgeted ,,......_............._._..._...._.._...$

State Funds Budgeted ...._._.._..................__..........$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services _._......_.____......__._..._._..._.._.._.......$

Regular Operating Expenses .._.._..__..-...-..........$

Travel

...,,,,_,,$

Motor Vehicle Equipment Purchases ......__...,,.$

Publications and Printing ._..__.._....__.___.._._...._...$

Equipment Purchases ..........,,..................__.___._._.$

Per Diem and Fees - ..

.$

Computer Charges __..__.._............_....._..._...............$

Other Contractual Expense .__...___----,,__...____.__.$

403
457,121
369,800 24,321 60,000 --0--
2,000 500
--0-- --0--
500 457,121 457,121
28
369,800 24,321 60,000
--0-- 2,000 500
--0-- --0--
500

404

JOURNAL OF THE SENATE,

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund _.............,,..$

3,315,441

1. Basic Employment Security Budget:

Personal Services ........_................._......$

Regular Operating Expenses __..____.__________,,____.$

Travel

.....$

Motor Vehicle Equipment Purchases __________.$

Publications and Printing .._.__..___._._._,,.............$

Equipment Purchases ,,........._......._.....,,,,.$

Per Diem and Fees ,,--...--,,.,,.$

Computer Charges ..................................if

Other Contractual Expense ___..,,_..__.________._____._.$

Total Funds Budgeted ......$

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

Total Positions Budgeted

14,223,661 3,669,390
450,000 --0-- 250,000 150,000
5,000 --0-- 394,375 19,142,426 329,025
1,140

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services -...___...-.........___.___...__.._..-.,,_..__.$ Regular Operating Expenses ................ _^........$ Travel __.._..._._....____.__._..._.___..._$ Motor Vehicle Equipment Purchases _______.___.$ Publications and Printing ........._..._.._.._......$ Equipment Purchases -------.---.-.--.,,..-..,,.,,.-..$ Per Diem and Fees ...........................if Computer Charges --.,,.._____.___,,......_,,........._.....$ Other Contractual Expense (CETA) ___________.$ CETA Direct Benefits ....._.____________._._________.___$ Total Funds Budgeted ............._..._._..._.._.$ State Funds Budgeted ___._._._____._.$ Total Positions Budgeted

3,342,814 6,591,770
614,000 --0--
254,200 203,000
9,608 --0-- 20,000,000 20,000,000 51,015,392 --0--
326

3. Correctional Services Budget:
Personal Services ....................----....................__$ Regular Operating Expenses --..__--_--.._........$ Travel .......................$ Motor Vehicle Equipment Purchases __.,,_,,.._.$ Publications and Printing ................................I Equipment Purchases -...,,..--.-...-_..-.._.._._.........$ Per Diem and Fees __......_.......__.......,,.__......_.._...$ Computer Charges ----_._._,,_.._..._..,,.................___.$ Other Contractual Expense .__,,__...--__.___.,,..._..$ Total Funds Budgeted ,,...__..__.....................,,_...$ State Funds Budgeted ......................................I Total Positions Budgeted

756,03'8 44,736 26,433 --0-- --0--
1,400 2,000 --0-- 21,516 852,123 845,623
58

FRIDAY, JANUARY 23, 1976

405

4. Unemployment Compensation Reserve Fund Budget:
Unemployment Compensation Reserve Fund .......,,...-...__-....._._._____.,,.___-__..--$
Total Funds Budgeted -.-.__.......-._..___.-_-_...-.$ State Funds Budgeted ______..._......___.___.__..............$

1,500,000 1,500,000 1,500,000

5. Work Incentive Budget:

Personal Services ,,..__....__.,,............................._.$

Regular Operating Expenses --,,,,.--___--------$

Travel .__._.______________._-

$

Motor Vehicle Equipment Purchases ........__..$

Publications and Printing ..,,....-.,,........----..--.$

Equipment Purchases ___.___._______.____.__.____.______.,,_.$

Per Diem and Fees __..,,._._____._.___._._____.__..___.____.__.$

Computer Charges __._._.___._..._____.-,,...--.---.,,--$

Other Contractual Expense ....-.......__.._.___.__..___.$

W.I.N. Grants ........... .^

Total Funds Budgeted ...............

^

State Funds Budgeted ................___..._-__._--...$

Total Positions Budgeted

2,853,664 405,373 100,000 --0-- 1,000 17,300 2,000 --0--
2,510,908 951,768
6,842,013 640,793 232

Budget Unit Object Classes:
Personal Services ..............................$ Regular Operating Expenses ...._..._._._,,._._.__._.$ Travel ._...._._._...-.................. .,,___._.__..__.._....___.__.$ Motor Vehicle Equipment Purchases .__________,,.$ Publications and Printing ________,,______-_..._..._...._.$ Equipment Purchases _._._........_..._..__.._...._..___.._..$ Per Diem and Fees ,,_._.___.__-___$ Computer Charges .................$ Other Contractual Expense (CETA) ............. ^ Other Contractual Expense __.._._..,,...__.._._.........$ W.I.N. Grants ............................ .^, Unemployment Compensation
Reserve Fund ................................................I CETA Direct Benefits _._......._._._......__...............$

21,176,177 10,711,269 1,190,433
--0-- 505,200 371,700
18,608 --0-- 20,000,000 2,926,799 951,768
1,500,000 20,000,000

Section 27. Department of Law. Budget Unit: Department of Law _______.___.____.____.$

2,096,313

Attorney General's Office Budget:

Regular Personal Services _....._.__...__..._.___.._.._._.$

Library Personal Services _.__-____________________.__,,__$

Regular Operating Expenses --.....--......--....--.$

Travel ........................................^

Motor Vehicle Equipment Purchases ------.--.$

Publications and Printing ...................._......._...$

Equipment Purchases ........................................$

Per Diem and Fees ..............

^

Computer Charges ,,...._........._...........-_....-....,,....$

1,755,462 105,000 179,116 60,780
--0-- 24,200 2,155 36,106
--0--

406

JOURNAL OF THE SENATE,

Books for State Library ,,_____,,_ Other Contractual Expense _...__..... Total Funds Budgeted ___________________ State Funds Budgeted .........._..,,.._. Total Regular Positions Budgeted Total Library Positions Budgeted

32,000
2,194,819 2,096,313
89 9

Budget Unit Object Classes:
Personal Services ____,,_____________,,_____________ Regular Operating Expenses ............. Travel ..__._._.._.,,,,,,_._..._..,,__,,..,,_._.,, Motor Vehicle Equipment Purchases Publications and Printing _,,........._..._ Equipment Purchases --.__.----_--__---- Per Diem and Fees ____________-__.___,,___.-- Computer Charges _.--------__._.--__--,,,,_ Other Contractual Expense ____._..--... Books for State Library ...,,.-.__......--.

1,860,462 179,116 60,780
24,200 2,155
36,106 --0--
32,000

For the cost of operating the Department of Law provided that the compensation of all Assistant At torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the De partment of Law as provided by law.

Section 28. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments- ..$ 2,094,564

1. Applicant Services Budget:

Personal Services _..__..._------.,,--------

Regular Operating Expenses _.__,,..--_,,

Travel

.,,..___ ___._,,_.__

Motor Vehicle Equipment Purchases

Publications and Printing ....___._,,.......

Equipment Purchases -

---

Per Diem and Fees -- -----------

Computer Charges .....__.___.........__..-._._,,

Other Contractual Expense __.....,,..--.

Total Funds Budgeted __.._.._...._.__.,,,,.

Agency Assessments _--,,_--,,----------.

Total Positions Budgeted

396,531 41,990 2,500
24,600 1,640
11,600 136,494 --0-- 615,355 609,587
33

FRIDAY, JANUARY 23, 1976

2. Classification and Compensation Budget:

Personal Services -------.-.--......__..__.._....._$

Regular Operating Expenses -..._..-..........,,__._..$

Travel --.,,.. __..._.__.____$

Motor Vehicle Equipment Purchases _........___..$

Publications and Printing .................if

Equipment Purchases ..--------..........$

Per Diem and Fees -- .-------.-......$

Computer Charges ...._..___.._.._.....$

Other Contractual Expense __.._....__...........__.._...$

Total Funds Budgeted ..............

^

Agency Assessments ............................. $

Total Positions Budgeted

3. Employee Services Budget:

Personal Services

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

Regular Operating Expenses .__..._.___.__..___.__...._ $

Travel ... ...._........_............_ $

Motor Vehicle Equipment Purchases ............_.$

Publications and Printing

... $

Equipment Purchases _...__..__..._..._........._....._.....$

Per Diem and Fees .....$

Computer Charges

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

Other Contractual Expense _...._.._........._._.._.._._.$

Total Funds Budgeted ...................................$

Agency Assessments ... ..._.._..._....._._....._.__...._.. $

Total Positions Budgeted

4. Employee Training and Development Budget:
Personal Services ...............__.._..___..__......__.$ Regular Operating Expenses ............ $ Travel .....................if Motor Vehicle Equipment Purchases .. ........._$ Publications and Printing ......._....._..........$ Equipment Purchases ....._..._.._...._.._....._._..._._.._. $ Per Diem and Fees ..-............-..............-.....$ Computer Charges .................................$ Other Contractual Expense ,,__....,,......__...._...__..$ Total Funds Budgeted ........_......................$ Agency Assessments ....._.............._...........__...._...$ Total Positions Budgeted

5. Health Insurance Administration Budget:

Personal Services ......._._._.........._......_._.....$

Regular Operating Expenses ..............._._....-- $

Travel ........

..^.^

Motor Vehicle Equipment Purchases ........... $

Publications and Printing .........................$

Equipment Purchases ._..._.................$

Per Diem and Fees ........................_................$

Computer Charges .............................................^

407
293,500 10,750 12,500 --0-- 18,000
2,000 --0--
50,200 --0-- 386,950 386,950
21
226,008 10,125 2,500
--0-- 5,500 1,200
--0-- 61,926
--0-- 307,259 301,491
20
190,775 16,200
4,900 --0--
4,400 1,850 20,250
100 --0-- 238,475 207,355
14
182,169 19,190
1,575 --0--
2,600 560
17,000 15,600

408

JOURNAL OP THE SENATE,

Other Contractual Expense ___..._._.............-._.....$ Health Insurance Premiums and
Claim Payments ............__.._.-__.._._.-,,...........__-.$ Total Funds Budgeted ........,,_.___.___._._._.......__..___.$ Employee and Employer Contributions ____._..$ Total Positions Budgeted

395,000
23,175,000 23,808,694 20,482,346
16

6. Internal Administration Budget:
Personal Services .,,________.___._._.________._,,__._._...__,,.__.$ Regular Operating Expenses ..--....._..,,.....--.--.$ Travel ___-___._----_-___._,,._----.___.___.____-__-_____.___.__--,, $ Motor Vehicle Equipment Purchases _______--,,.$ Publications and Printing ___.....,,...,,.__........_.___.$ Equipment Purchases --_-__.._-_.___--.-____,,._,,.---__$ Per Diem and Pees --,,,,,,...-.-.$ Computer Charges __._.,,.__._,,__,,.$ Other Contractual Expense ____,,_._-.___.-....,,.----$ Federal Sub-grants to State and
Local Agencies ......_.._..__..__.....,,...-..._._.........___$ Total Funds Budgeted ........__..__..___._,,..._.___..__._...$ Agency Assessments .---......._._.-_......__..___.,,......_$ Total Positions Budgeted
7. Director Office Budget:
Personal Services ________._,,__.______,,.._____$ Regular Operating Expenses _.....-_-.,,.....----_.$ Travel __...--........___.-.-......_.._..,,..___............._____....-..$ Motor Vehicle Equipment Purchases --.--.--._$ Publications and Printing ........._..........__..___.......$ Equipment Purchases -_._..___....._.,,......_.--.----_.$ Per Diem and Fees ___.__-.....-..._._...--_......--.__..--.$ Computer Charges -------.--.,,.----..------.----..$ Other Contractual Expense ..-.,,...._--.-....----,,.$ Total Funds Budgeted .....,,.........___.._...__.___.........$ Agency Assessments _,,_.___,,_,,.___.,,,,,,__,,$ Total Positions Budgeted

263,521 15,112 2,600
--0-- 2,850 1,400 1,800
222,929 --0--
298,600 808,812 420,726
20
144,755 8,300 4,000
--0-- 2,000 1,300 8,100
--0-- --0-- 168,455 168,455
7

Budget Unit Object Classes:
Personal Services _......._..._.__.....,,._....._.....-_.___-..$ Regular Operating Expenses _..___.__-.....-..._--....$ Travel .._.-._._-.....-....-.__.-..,,.._._____.-....._._.___--...$ Motor Vehicle Equipment Purchases .....,,.--._.$ Publications and Printing __.._._....._.__..............__..$ Equipment Purchases ______._._.....--._...-.----_--...$ Per Diem and Fees _..._..._........__..__........._._.........$ Computer Charges ....................................I Other Contractual Expense ....-_.._.....-_._....._..$ Federal Sub-grants to State and
Local Agencies ...-...............-...................----..I Health Insurance Premiums and
Claim Payments .._...__.............,,-._......._._.___.....$

1,697,259 121,667 30,575 --0-- 59,950 9,950 58,750 487,249 395,000
298,600
23,175,000

FRIDAY, JANUARY 23, 1976

409

Provided, however, that the State Merit System of Personnel Administration is authorized to make only such unit assessment as is required to fund the level of expenditure contemplated for this budget unit in this Appropriations Act.

Section 29. Department of Natural Resources.
Budget Unit: Department of Natural Resources _______________....,,.........................__..._......$

27,814,763

1. Internal Administration Budget:
Personal Services ........................$ Regular Operating Expenses .........................^ Travel ......................$ Motor Vehicle Equipment Purchases __..___.._.,,.$ Publications and Printing ______._________.__.___.___.__.._.$ Equipment Purchases ........................................$ Per Diem and Fees ............._-..-.._.._._.__.._._.._..-.$ Computer Charges .._._....._....._._.__............._._.._.._.$ Other Contractual Expense .-_...........----------.$ Total Funds Budgeted ........................................$ State Funds Budgeted ......................................$ Total Positions Budgeted

998,391 192,111
9,692 4,700 70,000 10,765 30,600 140,380 --0-- 1,456,639 1,456,639
83

2. Public Relations and Information Budget:

Personal Services

....-...$

Regular Operating Expenses __..,,..__..__.._._.....--.$

Travel ....................................................................$

Motor Vehicle Equipment Purchases __..__._----$

Publications and Printing ................................$

Equipment Purchases ___.,,..__,,_____,,._______,,__..______.$

Per Diem and Fees __..__._._._._._._..._........._.._.,,.__..$

Computer Charges __.____________._______.___._____-_.--.--- $

Other Contractual Expense __...._.__,,_,,.--..,,,,..,,.$

Total Funds Budgeted .......................................I

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

Total Positions Budgeted

346,402 81,719 8,882 11,300
267,944 14,260 6,500 500
--0-- 737,507 737,507
27

3. Planning and Research Budget:

Personal Services -...._..___.....__......._........,,......_._...$

Regular Operating Expenses ___._._.-..--.....__.._...$

Travel ...........................$

Motor Vehicle Equipment Purchases ...._...-_..$

Publications and Printing ................._.._...._...._.$

Equipment Purchases ...._....._._._..__...-.._........--.-$

Per Diem and Fees ......... .^

Computer Charges

..............^

Other Contractual Expense ..............................^

Land and Water Conservation Grants ............$

Recreation Grants ...--..-$

Total Funds Budgeted ........____.....,,.._.._..........._...$

966,755 93,711 52,700
--0-- 60,000 9,800 80,620 3,000 108,909
3,600,000 300,000
5,275,495

410

JOURNAL OF THE SENATE,

State Funds Budgeted _--..----..----------_$ 1,355,611

Total Positions Budgeted

60

4. Game Management Budget:

Personal Services ----.._----.,,------------------$

Regular Operating Expenses --.--------------$

Travel . .------------ .

$

Motor Vehicle Equipment Purchases _,,._----__ $

Publications and Printing ._------_----_._.__-__._.$

Equipment Purchases ----------___.__----_------_.$

Per Diem and Fees __.----_----_._.___.----._------.$

Computer Charges ... -----.--------------$

Other Contractual Expense .... ..... $

Capital Outlay ...........-.------. $

Total Funds Budgeted ------..----__------------.$

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

Total Positions Budgeted

1,319,780 525,766 16,692 161,400 15,000 27,300 3,500 6,500 19,267 --0--
2,095,205 1,143,586
109

5. Fisheries Management Budget:
Personal Services .............$ Regular Operating Expenses --__------_--...-_.--$ Travel ......._....... ........... $ Motor Vehicle Equipment Purchases _----_.._.$ Publications and Printing --___----___----__------_.$ Equipment Purchases ----_.__------_--------_--$ Per Diem and Fees --------___.-.------_..._._--.-.$ Computer Charges ......_._._..._.__......,,..___.....-....__._.$ Other Contractual Expense __----_._.--___._.__----$ Capital Outlay .................$ Total Funds Budgeted ..............$ State Funds Budgeted.--_._......__.__,,..--._._--....--.$ Total Positions Budgeted

1,379,687 584,406 30,980 98,700 8,500 99,325 2,400 3,125 31,200 116,000
2,354,323 1,893,908
108

6. Law Enforcement Budget:
Personal Services ----.--_._..----..--_--..--.----.$ Regular Operating Expenses ....__.,,...__.._....___... $ Travel _...--_----.....--..--_..--____.--__,,------.$ Motor Vehicle Equipment Purchases _.------.$ Publications and Printing _........._._...__...._.__......$ Equipment Purchases ------__----_.--.__----__--_.$ Per Diem and Fees --.--.----__--_------_--.----.$ Computer Charges __...,,.__.__.._..._......._........___._...? Other Contractual Expense --._.--...--_._.--._....$ State of Georgia General Obligation
Debt Sinking Fund _._------.------..._-___.----.__$ Total Funds Budgeted -..._----...----.----.-._._.$ State Funds Budgeted _----..----...------.------ $ Total Positions Budgeted

2,973,856 870,025 52,600 291,000 29,400 281,297 8,780 --0-- --0--
27,000 4,533,958 4,352,274
243

7. Project Evaluation Budget:
Personal Services ------_.-_------_-----__--_--..$ Regular Operating Expenses _----._,,.--____----!?

64,611 12,409

FRIDAY, JANUARY 23, 1976

Travel

-.-....-..$

Motor Vehicle Equipment Purchases -.._____.___.$

Publications and Printing ______.._______..__..__..______.$

Equipment Purchases ........................................^

Per Diem and Pees ..----.----.-.---.....--$

Computer Charges ,,..__.._..,,..___,,--_._...,,-.,,...._--_$

Other Contractual Expense ..............................I

Total Funds Budgeted .

.. ..

$

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

Total Positions Budgeted

411
2,645 4,100
300 1,600 -- 0-- --0-- --0-- 85,665 85,665
4

8. Coastal Marshlands Protection Budget:
Personal Services _,,._______.,,_________.-______._.-.-______,,__.$ Regular Operating Expenses -_----.___----.____--$ Travel ...........$ Motor Vehicle Equipment Purchases --.____._--.$ Publications and Printing ..................................if Equipment Purchases ___.,,._______._,,___________--___-__..$ Per Diem and Fees ..___________._______._...._______...__._._.$ Computer Charges .__._______.___.___.__-.___.__,,..________--.$ Other Contractual Expense ................^............$ Total Funds Budgeted __...______._______.___._...______..._.$ State Funds Budgeted .......................................^ Total Positions Budgeted

44,695 7,205 2,500 3,500 650 1,065 2,640
--0-- -- 0--
62,255 62,255
3

9. State Parks and Historic Sites Operations Budget:
Personal Services ................................................^ Regular Operating Expenses ..........................if Travel ......$ Motor Vehicle Equipment Purchases -..._.___--..$ Publications and Printing ................................$ Equipment Purchases .............. .$ Per Diem and Fees ............_......_..._..._...._........_.$ Computer Charges ....... .-.._...$ Other Contractual Expense ..............................$ Capital Outlay ........ .^ Authority Lease Rentals ... ..........._..._....._.._.....$ Total Funds Budgeted ............ ................_..........? State Funds Budgeted ....... .... .............. ...... $ Total Positions Budgeted

3,878,544 2,747,958
64,500 178,888
36,000 149,757 57,500 -- 0-- 28,500 165,000 2,526,000 9,832,647 7,238,593
337

10. Geologic and Water Resources Research Budget:
Personal Services ........................_..__............_.....$ Regular Operating Expenses ............................^ Travel ....................................................................I Motor Vehicle Equipment Purchases ........--.$ Publications and Printing .._.........................._..$ Equipment Purchases _........_........_.....................$ Per Diem and Fees ............_...._..........._..._..........$ Computer Charges ..............................................^

504,007 77,800 25,500
9,600 26,000 10,200
2,500 -- 0--

412

JOURNAL OP THE SENATE,

Other Contractual Expense _______.___________.__________$ Contract with U. S. Geological Survey
for Ground Water Resources Survey ___.._....$ Topographic Mapping United States
Geological Survey ...._...__.___..______.__. ..._.._......$ Total Funds Budgeted................. ..._..._....__.._.._._.$ State Funds Budgeted ....... _._._._..................._.._...$ Total Positions Budgeted

15,000
191,900
649,500 1,512,007 1,242,007
33

11. Water Supply Budget:
Personal Services __..............__.._._.__......___.__._....... $ Regular Operating Expenses ___.........__..,,_.._.._._.$ Travel ................................. 4 Motor Vehicle Equipment Purchases --.........-$ Publications and Printing ...............................I Equipment Purchases .._.._.._...___......_..___.._........_.$ Per Diem and Fees ............. ......,,.$ Computer Charges ._..__......_._....................._._.......$ Other Contractual Expense .............._......._._._...$ Fluoridation Grants --.--.,,..-._.-...._____-..---.._.......$ Total Funds Budgeted __......._..___.._......_..._._......__.$ State Funds Budgeted ._..___.........._..___......._.._.._.$ Total Positions Budgeted

481,873 42,168 23,459 --0--
6,000 21,237 --0-- 10,000 --0-- --0-- 584,737 584,737
34

12. Water Quality Budget:

Personal Services _._..._._._.........__...__........_.._......._.$

Regular Operating Expenses ...._..._._........_.._._...$

Travel ................... ..^

Motor Vehicle Equipment Purchases _......._._.. $

Publications and Printing ............. .....^.

Equipment Purchases --.---...---.....------..----.$

Per Diem and Fees

............... ^

Computer Charges __..-._.....____.__.__..........-......__...$

Other Contractual Expense ..............................I

Water and Sewer Grants ....__.__...........--.....___...$

Total Funds Budgeted ....___.._......-_.._._....._._._...... $

State Funds Budgeted ._..........___.........._.........._...$

Total Positions Budgeted

1,708,354 100,352 44,606 20,000 32,000 34,540 3',800 95,000 377,500
1,073,000 3,489,152 2,204,700
126

13. Air Quality Budget:
Personal Services ... .._.-..._._._............_..-.-.............$ Regular Operating Expenses __.._____...._.._..__..__..$ Travel .................... ^ Motor Vehicle Equipment Purchases __...._.__....$ Publications and Printing _._......._.__...__..-.._._.....$ Equipment Purchases ._.........._._._._._.......-...........$ Per Diem and Fees .......................^ Computer Charges _____.__.__.________.._.._.____.._._.__.._._.$ Other Contractual Expense ...._._................._..._.$ Total Funds Budgeted ._-._........_.._.......__-......_..-.$
State Funds Budgeted ........... ...^ Total Positions Budgeted

1,145,501 89,279 53,300 6,000 3,000 23,000
500
48,700
5,500
1,374,780
824,280
74

FRIDAY, JANUARY 23, 1976

413

14. Solid Waste Management Budget:

Personal Services

..

$

Regular Operating Expenses __.___.____________.__--_.$

Travel

.........,,,,$

Motor Vehicle Equipment Purchases ........--._ $

Publications and Printing ___.__..___._____...__.._________ $

Equipment Purchases .._.___...._ __.._......._.._._._._.___.$

Per Diem and Fees _ __ .

$

Computer Charges

----------$

Other Contractual Expense __________________._--_,,--$

Solid Waste Grants __..____......_...---,,-----.$

Total Funds Budgeted

$

State Funds Budgeted ____.._...._.__... _._............-..$

Total Positions Budgeted

589,816 24,734 31,180 --0--
6,500 3,000 1,500
--0-- --0-- 2,000,000 2,656,730 2,656,730
35

15. Land Reclamation Budget:

Personal Services .,,._.......___...........-........._._._._-.. $

Regular Operating Expenses -----------_------ $

Travel

_.......----$

Motor Vehicle Equipment Purchases __.._._..._._.$

Publications and Printing ....,,_...-_-_.-.._...._..,,.$

Equipment Purchases ____________--,,,,.----------_--.$

Per Diem and Fees __.....,,...-,,----.,,-$

Computer Charges _______________.__,,-,,---__--.--.----$

Other Contractual Expense _._.._...._.___,,._..._._..___.$

Total Funds Budgeted _._..........-__...._.....___.--..$

State Funds Budgeted ...._..._._.._-__-_.__.._._.....-.$

Total Positions Budgeted

144,533 25,863
9,775 14,000 1,500
1,600 2,000 --0-- --0-- 199,271 199,271
9

16. Heritage Trust Budget:

Capital Outlay .-......................---.-..--.-..-I

State of Georgia General

Obligation Debt Sinking Fund _................... $

Total Funds Budgeted ....._.._......._...........__......-$

State Funds Budgeted

$

Total Positions Budgeted

590,000
302,000 892,000 892,000
0

17. Lake Lanier Islands Development Authority Budget:
Payments to Lake Lanier Islands Development Authority for Operations ................__............_..-.---_...._.....$
Payments to Lake Lanier Islands Development Authority for Capital Outlay ....__.._...__..___,,........-......___.___._._.$
Total Funds Budgeted __..___.__..-_..__..._...._.._.--_.._.$ State Funds Budgeted .........._............... ........._..$ Total Positions Budgeted

482,500
52,500 535,000 535,000
0

414

JOURNAL OP THE SENATE,

18. Jekyll Island State Park Authority:

State of Georgia General Obligation

Debt Sinking Fund

..

-$

Total Funds Budgeted

.........$

State Funds Budgeted .

$

Total Positions Budgeted

350,000 350,000 350,000
0

Budget Unit Object Classes:

Personal Services _--------------_.--..._..----------.$

Regular Operating Expenses ----------____------$

Travel

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

Motor Vehicle Equipment Purchases __.._._.__....$

Publications and Printing __------___------_----..$

Equipment Purchases --.___._----._-___.------_--$

Per Diem and Fees _----_._------.__------.--------$

Computer Charges -._.._------__.----_.----------...$

Other Contractual Expense ----_.----..--------.$

Land and Water Conservation Grants _._.........$

Recreation Grants ._--.----_----------_--_--------$

Fluoridation Grants .------__._--_--------._._.--$

Water and Sewer Grants ----------.--.--------.$

Solid Waste Grants _----__------------_.----__.._..$

Contract with U. S. Geological

Survey for Ground Water

Resources Survey .----..-...$

Contract with U. S. Geological Survey

for Topographic Maps ----.----.._.._...._------_.$

Payments to Lake Lanier Islands

Development Authority for Operations.--. $

Capital Outlay ...._....----..........__.__------.___._._.._..$

Authority Lease Rentals _----------_----..------__$

State of Georgia General Obligation

Debt Sinking Fund ........_._.__................_._....._...$

Payments to Lake Lanier Islands

Development Authority for

Capital Outlay ..........-$

16,546,805 5,475,506 429,011 803,188 562,794 688,746 202,840 307,205 585,876 3,600,000 300,000 --0-- 1,073,000 2,000,000
191,900
649,500
482,500 871,000 2,526,000
679,000
52,500

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, however, that none of the above appro priation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided, that of the above appropriation to the Planning and Research Budget, $21,000 is designated

FRIDAY, JANUARY 23, 1976

415

and committed to the Georgia Special Olympics Program.

Provided, that of the above appropriation to the Parks and Historic Sites Budget, $60,000 is designated and committed for camping for the Mentally Retarded.

Provided, that of the above appropriation relative to Planning and Research, $100,000 in Grants is desig nated and committed for renovation of the 4-H Club property and adjacent property acquired for .park and recreation purposes. Provided further that these funds shall be matched with local or Federal funds.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $350,000 is specifically appropriated for the pur pose of financing Capital Outlay projects at Jekyll Island through the issuance of not to exceed $4,000,000 in principal amount of General Obligation Debt.

Provided, however, the Department is authorized to use up to $100,000 of the funding for Recreation Grants for the purpose of making grants to counties and cities in connection with the transfer of such coun ties and cities of the operation of certain existing State parks.
Section 30. Department of Offender Rehabilitation.
A. Budget Unit: Department of Corrections .__._..._...$

3',740,152

1. General Administration and Support Budget: Personal Services .,,.._.,,_...,,_._.__$ Regular Operating Expenses .....______.___.._.......-.$ Travel _.._..._.._..__..$ Motor Vehicle Equipment Purchases ____.__...... $ Publications and Printing ___.__............._._.._..__.....$ Equipment Purchases .......................................I
. Per Diem and Fees .........._._..._........._._._..__._..___.$ Computer Charges -,,.....,, .... ..,,.._._...$ Other Contractual Expense __,,_,,____.___.___._________.$ Mentally Retarded Offender Program ............$ Total Funds Budgeted ......_._,,._..,,.....,,.._.........,,$ State Funds Budgeted _______.___..._...__..___.______....._.$ Total Positions Budgeted

2,273,738 492,234 76,000 4,900 24,000 21,800 27,820 314,442 57,500 150,000
3,442,434 3,442,434
170

2. Construction, Maintenance, and Special Projects Budget:
Personal Services _,,.___,,.._$ Regular Operating Expenses -_..----_----....--.--$ Travel .__...,,_,,._$ Motor Vehicle Equipment Purchases .._.._._.._..$

175,418 45,300 20,000
4,000

416

JOURNAL OP THE SENATE,

Publications and Printing ,,..__......_...__.,,_.._.......$

Equipment Purchases ........................................$

Per Diem and Fees

......................... ...^

Computer Charges .................................$

Other Contractual Expense _-....._-.._..___-.........$

Capital Outlay ..........$

Total Funds Budgeted ___._._._______._______...__________..$

State Funds Budgeted -_.._,,..._._..-...........-...._....$

Total Positions Budgeted

'

1,000 --0--
40,000 --0--
12,000 --0-- 297,718 297,718
11

3. Federal Grants Budget:

Personal Services .................,..............................$

Regular Operating Expenses _...._..___.._..____..___.$

Travel ..........................................^

Motor Vehicle Equipment Purchases _._.._.._.,,.$

Publications and Printing _._.__.._,,.._..___.............$

Equipment Purchases ........................................^

Per Diem and Fees . .

$

Computer Charges ..............................................$

Other Contractual Expense .............................^

Total Funds Budgeted ___..__.___.___________...._____._..___.$

State Funds Budgeted ._.._......._...___.__.._. ._......._.$

Total Positions Budgeted

522,388 90,737 55,572 --0-- 10,167
8,196 51,297 131,940 330,304 1,200,601 --0--
57

Budget Unit Object Classes:

Personal Services

,

$

Regular Operating Expenses _.......-..................$

Travel ...._,,.__...._...,,....___._..,,.._,,.-_-.....-_....-._....-.$

Motor Vehicle Equipment Purchases ....,,...._...$

Publications and Printing .,,.__..___._..._._.__...__.,,..$

Equipment Purchases __________--.....;..................$

Per Diem and Fees .

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

Computer Charges ............. .^,

Other Contractual Expense __...__.___......._........._.$

Mentally Retarded Offender

Program ..................$

Capital Outlay ....................................................If

2,971,544 628,271 151,572 8,900 35,167 29,996 119,117 446,382 399,804
150,000 -- 0--

Provided, that the Department is hereby authorized to redirect up to $250,000 of the unexpended balance of the Georgia Building Authority (Penal) funds for the architectural design and drawings of a correctional institution in Chatham County.

B. Budget Unit: Correctional Institutions _._..__._______.$
1. Georgia Training and Development Center Budget:
Personal Services .._.....__..___.,,------_---- Regular Operating Expenses --,,......... Travel ................___._._.__._...........,,__.__....___. Motor Vehicle Equipment Purchases Publications and Printing .._...--._..__.__

35,408,966
928,892 398,735
4,968 22,500
125

FRIDAY, JANUARY 23, 1976

417

Equipment Purchases _________...................... ^ Per Diem and Fees _________,,..___..,,__,,___._,,___.,,___._$ Computer Charges .............................................^ Other Contractual Expense .............................^ Total Funds Budgeted ........ ..^ State Funds Budgeted .................................$ Total Positions Budgeted

36,451 19,000 --0-- --0-- 1,410,671 1,078,871
83

2. Georgia Industrial Institute Budget:

Personal Services ................................$

Regular Operating Expenses ........................^

Travel ........................................ ...^

Motor Vehicle Equipment Purchases ___._________.$

Publications and Printing __.._._._._.___.-.........-_.,,.$

Equipment Purchases --.....

...----__.----.$

Per Diem and Fees _...

..-...-_.__.$

Computer Charges .............................................^

Other Contractual Expense ...,,__.,,_.______._...__...$

Capital Outlay ................................... ^

Total Funds Budgeted ...................$

State Funds Budgeted ___..,,_____-_._.___._.__._.-__--_...$

Total Positions Budgeted

2,458,300 1,404,341
4,400 66,000
673 79,855 22,000 --0-- --0-- 40,000 4,075,569 4,063,569
227

3. Georgia Diagnostic and Classification Center Budget:
Personal Services --,,,,..__._------$ Regular Operating Expenses ..........................i Travel _.___.._.,,..._..___._._.._._._.__._..__,,...,,$ Motor Vehicle Equipment Purchases ---.-----$ Publications and Printing ............................$ Equipment Purchases ........................................^ Per Diem and Fees ........................................ ^ Computer Charges ....................................^ Other Contractual Expense ..........................^ Capital Outlay ...............................................^ Authority Lease Rentals .......................... 4 Total Funds Budgeted ..............................$ State Funds Budgeted ......................... ^ Total Positions Budgeted

2,709,048 953',038
11,782
44,700 1,225
123,167 79,275 --0-- 241,811 100,000 640,000 4,904,046 4,549,164
289

4. Georgia State Prison Budget:
Personal Services ...............................................4 Regular Operating Expenses ..........................^ Travel .......................... ...^ Motor Vehicle Equipment Purchases .------.-.$ Publications and Printing _..,,__.__._._,,..._..,,_._.,,$ Equipment Purchases ......................................^ Per Diem and Fees ..........................................^ Computer Charges ............................................^ Other Contractual Expense --,,............,,...,,_.,,,,$ Capital Outlay ................................................. ^ Total Funds Budgeted .....................................^ State Funds Budgeted ..................................^ Total Positions Budgeted

4,791,681 2,900,302
6,000 88,000
1,600 239,775 63,000 --0-- --0-- 75,000 8,165,358 7,580,358
456

418

JOURNAL OF THE SENATE,

5. Consolidated Branches Budget:

Personal Services .............,,.......__.._.___,,_._.__..-_-...$

Regular Operating Expenses ..........................^

Travel _._--.-----_____._-

$

Motor Vehicle Equipment Purchases ___.--__.-.$

Publications and Printing .........................^

Equipment Purchases ......................................^

Per Diem and Fees ..........................................^

Computer Charges ...................................$

Other Contractual Expense ..,,--.....__------.....$

Total Funds Budgeted ................................4

State Funds Budgeted ...................................^

Total Positions Budgeted

3,419,025 1,965,600
12,200 55,000 2,560 234,075
119,000
--0-- --0-- 5,807,460 5,435,460
341

6. Montgomery Correctional Institution Budget:
Personal Services .........................................^ Regular Operating Expenses ...........................^ Travel _.___..--_-----.$ Motor Vehicle Equipment Purchases .--------.$ Publications and Printing ...............................$ Equipment Purchases ...............................$ Per Diem and Fees ...........................................4 Computer Charges _________...___--..$ Other Contractual Expense ................ .....^ Authority Lease Rentals ..............................$ Capital Outlay ..............................................^ Total Funds Budgeted ........-...-...__..,,..-.......___.....$ State Funds Budgeted __,,________.___._,,______.___._,,,,__.$ Total Positions Budgeted

615,000 304,513
3,550 9,000
350
27,125 9,800 --0-- --0-- 100,000 60,000 1,129,338 1,111,338
60

7. Walker Correctional Institution Budget:
Personal Services ........................................^ Regular Operating Expenses -_.....,,----.___.....__..$ Travel ...............................................^ Motor Vehicle Equipment Purchases -----_.--.$ Publications and Printing .................... ...^ Equipment Purchases ...................................^ Per Diem and Fees ...........................................^ Computer Charges .................................. ^ Other Contractual Expense ..............................$ Authority Lease Rentals ..................................^ Total Funds Budgeted ...............................^ State Funds Budgeted ................... .^ Total Positions Budgeted

568,000 328,611
2,450 15,000
425 29,025 10,500 --0--
--0--
100,000 1,054,011 1,054,011
59

8. Georgia Women's Correctional Institution Budget:
Personal Services ..........................................^ Regular Operating Expenses ..........._,,....._,,,,...$ Travel ..................................................................^ Motor Vehicle Equipment Purchases ....,,,,...,,.$

697,350 217,150
2,000 21,500

FRIDAY, JANUARY 23, 1976
Publications and Printing _------------------..--$ Equipment Purchases ------------_------------$ Per Diem and Fees --_.--_------------------.$ Computer Charges ............. ............................$ Other Contractual Expense ...................^ Total Funds Budgeted ,,.------------------____-$ State Funds Budgeted ..............................$ Total Positions Budgeted

419
400 23,120 4,100 --0-- 2,500 968,120 968,120
100

9. West Georgia Community Correctional Institution Budget:

Personal Services ........................................$

Regular Operating Expenses ------------------.f

Travel ........................................................ ^

Motor Vehicle Equipment Purchases _______ _____$

Publications and Printing .....................4

Equipment Purchases ------ .------------------.$

Per Diem and Fees .................................^

Computer Charges .......................$

Other Contractual Expense .--........................^

Total Funds Budgeted --_----.------_------_----.$

State Funds Budgeted _._.---.

$

Total Positions Budgeted

165,000 297,000
4,000 30,000 1,000 536,475 18,000 --0-- -- 0-- 1,051,475 1,051,475
150

10. Youthful Offender Institution Budget:
Personal Services ......................_.--------------.$ Regular Operating Expenses ----__,,__.__.____--.$ Travel _____________________----------__.______-___----____-___.$ Motor Vehicle Equipment Purchases ............$ Publications and Printing ______.----------------$ Equipment Purchases ..............$ Per Diem and Fees .............................--------_.$ Computer Charges ____________------------------.$ Other Contractual Expense __________.__.... ,,_-- $ Capital Outlay _......................,,---------- $ Total Funds Budgeted ._,,._,,._.------.--- $ State Funds Budgeted ___________--_-.-_--.--$ Total Positions Budgeted

1,193,700 706,400 8,500
57,500 800
10,000 30,000 --0-- --0-- 1,665,000 3,671,900 3,671,900
214

11. Work Release Center Budget:
Personal Services .,,.....--...------------._--------. $ Regular Operating Expenses ...-----.-.-------.$ Travel ___.._____--_______..______.____..____---. ------ $ Motor Vehicle Equipment Purchases .,,.........$ Publications and Printing _--------_----------$ Equipment Purchases ___.______-----------------$ Per Diem and Fees ----------_________-_------------$ Computer Charges ----------------------------$ Other Contractual Expense ..----------------$ Total Funds Budgeted .....................-...-....-.9 State Funds Budgeted ___.___---------------$ Total Positions Budgeted

168,000 147,809
2,200 5,000
211 5,492 8,500 --0-- --0-- 337,212 337,212
16

420

JOURNAL OF THE SENATE,

12. Andromeda Center Budget:
Personal Services --------......--.--......_......,,..._.$ Regular Operating Expenses .........................^ Travel ..........................................................^ Motor Vehicle Equipment Purchases ..._._.____.$ Publication and Printing ...........--.--_.___________.$ Equipment Purchases ................................... ^ Per Diem and Fees -.-,_.____.-_--,,_____--.........____._.$ Computer Charges --.----------_--....................$ Other Contractual Expense ...........................^ Total Funds Budgeted ......................................^ State Funds Budgeted ..............-.._..._,,..-...........$

31,000 --0-- --0-- --0-- --0--
--0-- --0-- --0-- --0--
31,000 31,000

13. Impact Centers Budget:
Personal Services ................................^ Regular Operating Expenses ----.......--..........$ Travel .....................................$ Motor Vehicle Equipment Purchases --.-.__,,..$ Publications and Printing _____...--.-.....____,,__.--..$ Equipment Purchases ............______--._._...______.--.$ Per Diem and Fees ..........................$ Computer Charges .............................$ Other Contractual Expense ............................$ Total Funds Budgeted .............____...--_-._____._--.$ State Funds Budgeted .................-.:..........-.-$ Total Positions Budgeted
14. Talmadge Memorial Hospital Unit Budget:
Personal Services __._.........-..._...__-_........_.__.$ Regular Operating Expenses ------.....--.--...-$ Travel .................................................... ^ Motor Vehicle Equipment Purchases ___-_,,___..$ Publications and Printing --..--_--------,,------$ Equipment Purchases .............. ........ .....^ Per Diem and Fees ........................... ....^ Computer Charges ............................................9 Other Contractual Expense ................... ^ Total Funds Budgeted ...................$ State Funds Budgeted ...............-....................$ Total Positions Budgeted
15. Food Processing and Distribution Unit Budget:
Personal Services ..............................................^ Regular Operating Expenses ..........................^ Travel ......................... ^ Motor Vehicle Equipment Purchases ..........-.$ Publications and Printing ........................^ Equipment Purchases ,,__----,,_--------,,-------$ Per Diem and Fees ................. ..................^ Computer Charges ................................ ...^ Other Contractual Expense .,,.--...--_.__.----_-_.$

656,334 202,767
21,588 124 90
6,594 20,353 2,408 --0-- 910,258 98,488
58
185,000 45,000
1,500 --0-- --0-- --0-- --0-- --0-- -- 0-- 231,500 231,500
20
24,500 260,000
1,500 --0-- --0-- --0-- --0-- --0-- --0--

FRIDAY, JANUARY 23, 1976
Capital Outlay ----------,,-,,,,.___,,,,_,,_.$ Total Funds Budgeted __.___,,_________________________.$ State Funds Budgeted .........................$ Total Positions Budgeted

421
93,000 379,000 379,000
4

16. Court Costs, Overtime, and Inmate Release Funds Budget:
Personal Services--Overtime __......._..__.___.--.__$ Regular Operating Expenses --.----_,,--......,,..$ Travel ............................................... ..^ Motor Vehicle Equipment Purchases .___....--.$ Publications and Printing .,,....,, _-....,,......_.,,.$ Equipment Purchases _......__.___..-.._^__..__--,,...$ Per Diem and Fees ..............................$ Computer Charges .........,,,,____-_.....,.,,._--....--.$ Other Contractual Expense ._------_--.--------$ Court Costs .-..-.-..-.------.-__----.$ County Subsidy ............................ .....^ Inmate Release Fund ....................^ Total Funds Budgeted ___.________.__.___..___,,_.___._._.-$ State Funds Budgeted ,,,,_._._______--...______._,,___..$ Total Positions Budgeted

30,000 --0-- --0-- --0-- --0-- --0-- --0--
140,000 2,857,500
383,000 3,410,500 3,410,500
0

17. Pre-release Centers Budget:
Personal Services .......... ......^....... ....^ Regular Operating Expenses ........................^ Travel ----_._.---__._---$ Motor Vehicle Equipment Purchases _.__----_$ Publications and Printing __-.__,,-..-.__-___.-.----..$ Equipment Purchases _______________........____---... $ Per Diem and Fees .....,,.____-.........._.___..........._..$ Computer Charges ___._.__,,_______,,__-_--_,,__--.----.$ Other Contractual Expense ___,,___-_,,__.__.___.__-_ $ Total Funds Budgeted .....______.._....____..........__$ State Funds Budgeted ,,.......___-......,,_.__..........$ Total Positions Budgeted

134,245 126,233
2,500 7,500
250 78,772 6,000 --0--
1,500 357,000 357,000
21

Budget Unit Object Classes:

Personal Services ..........._..__....-.......,,__-.,,........$ Regular Operating Expenses __........._............$ Travel ....._..___...............-......__.........-._-_-.........._... $ Motor Vehicle Equipment Purchases ._,,_____--$ Publications and Printing .......,,__._........___.__-.$ Equipment Purchases ___,,____,,_--__________.--______._.$ Per Diem and Fees __.._...........,,_.___..........__._--$ Computer Charges .._.__._.__._,,________________.____.______.$ Other Contractual Expense ............................I Authority Lease Rentals ___._-_______..____________-? Capital Outlay ....____.............-...__......__.__............$ Court Costs .__._-.........._.__-.....-_..__-...-.-.-_......$ Inmate Release Fund ................. ^.....^.^ County Subsidy ___.______._..___-_.___-_-__._____.__---$

18,775,075 10,257,499
89,138 421,824
9,709 1,429,926
409,528 2,408
245,811 840,000 2,033,000 140,000 383,000 2,857,500

422

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relative to Capital Outlay, $40,000 is designated and committed for kitchen renovations at Georgia Industrial Institution.

Provided, that the Department is hereby authorized and directed to redirect up to $350,000 from funds avail able to the Georgia Building Authority (Penal) for a feed mill and hog project at Georgia State Prison and an abattoir at Georgia Industrial Institute.

Provided, that of the above appropriation relating to Equipment Purchases, $100,000 is designated and committed to purchase a new sealer, steamer and related equipment for the cannery at Georgia State Prison.

Provided, that of the above appropriation relating to Capital Outlay, $75,000 is designated and committed to drill a well and provide the first component of a portable irrigation system at Georgia State Prison.

Provided, that of the above appropriation relating to Capital Outlay, $93,000 is designated and committed to renovate a warehouse at Central State Hospital for the Food Processing and Distribution Unit.

Provided, that of the above appropriation relating to Capital Outlay, $60,000 is designated and committed to construct a Poultry Facility at Montgomery Cor rectional Institution.

C. Budget Unit: Department of Offender Rehabilitation ,,,,_,,......._..._,,.,,.,,$

1. Probation and Parole Field Supervision Budget:

Personal Services ............ .^.^

.$

Regular Operating Expenses _.___--____.--.__.._,,_ $

Travel ___...__..____._.___._..__$

Motor Vehicle Equipment Purchases ,,..___....$

Publications and Printing --------........$

Equipment Purchases ..................................... ^

Per Diem and Fees --_--___._--_--_..--,,.--,,__._____ $

Computer Charges _--__,,__--___._......__.________________ $

Other Contractual Expense ,,_.-_,,_-____-__,,__-___ $

Total Funds Budgeted _-_-__-_-_.,,.-.,,...-..-..._...,,...$

State Funds Budgeted ____.__________________.____.._._$

Total Positions Budgeted

4,972,689
292,139 28,156 8,670 --0--
500 -- 0-- --0-- --0-- --0-- 329,465 329,465
15

2. Probation/Parole Budget:

Personal Services ...................................$

Regular Operating Expenses _---..................... $

Travel

_____________________

$

3,453,447 336,003 185,460

FRIDAY, JANUARY 23, 1976
Motor Vehicle Equipment Purchases ___________.$ Publications and Printing ..............................^ Equipment Purchases --_____--________.______.._.__..,,_.$ Per Diem and Pees .......................................$ Computer Charges ................................ ^ Other Contractual Expense .........................$ Total Funds Budgeted ..................... ..^ State Funds Budgeted ____.__--____.__.--______________.$ Total Positions Budgeted

423
--0-- 872
31,328 7,626
--0-- 11,488
4,026,224 4,026,224
321

3. Treatment Centers Budget:
Personal Services ............................$ Regular Operating Expenses --_._____--__________.$ Travel _____ __._____._..__.___.._______________$ Motor Vehicle Equipment Purchases __._.______.$ Publications and Printing _._._.------___.___________.$ Equipment Purchases .....................................^ Per Diem and Fees ____,,___--_,,,,__.___,,____.___.______$ Computer Charges ---._.___._____________-________$ Other Contractual Expense ...........................$ Total Funds Budgeted ___.___.___.___________._______.__.$ State Funds Budgeted ___-._____-..,,_.__,,.__-____-_..-$ Total Positions Budgeted

399,942 199,614
8,340 --0^--
1,873 1,007 6,224 --0-- --0-- 617,000 617,000
41

4. Federal Grants Budget:
Personal Services .....................................$ Regular Operating Expenses __________________________$ Travel .........................................$ Motor Vehicle Equipment Purchases _______.___.$ Publications and Printing ___.____.________________._$ Equipment Purchases ____.___-__________-._-.,,______.____.$ Per Diem and Fees .........................$ Computer Charges .................................$ Other Contractual Expense __.________________________.$ Total Funds Budgeted .............................. $ State Funds Budgeted _____.______._.____.______.._._._____ $ Total Positions Budgeted

1,183,214 370,921 70,432 20,000 20,962 88,798 72,205 --0-- 50,698
1,877,230 --0-- 152

Budget Unit Object Classes:

Personal Services

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

Regular Operating Expenses __,,______--____________.$

T ravel ......................................^

Motor Vehicle Equipment Purchases _,,._._____$

Publications and Printing __________________,,_____.,,____$

Equipment Purchases .................................$

Per Diem and Fees ....................................$

Computer Charges .............................. ^

Other Contractual Expense ___,,___.___._______________.$

5,328,742 934,694 272,902 20,000 24,207 121,133 86,055 --0-- 62,186

424

JOURNAL OF THE SENATE,

D. Budget Unit: Board of Pardons and

Paroles _____..__..

.._.$

Board of Pardons and Paroles Budget:

Personal Services ................_...___--...-_-___-__-. $

Regular Operating Expenses _----..........--..... $

Travel .......

$

Motor Vehicle Equipment Purchases .......__....$

Publications and Printing _._..__-_-............_-_-- $

Equipment Purchases _-_._.__...-..--___..__...._._._...$

Per Diem and Fees .............................. ...^.

Computer Charges ________-_.____._,,,,--------------.$

Other Contractual Expense ............................^

Total Funds Budgeted

..................... ^

State Funds Budgeted .......................^

Total Positions Budgeted

1,548,318
1,479,652 21,960 78,771
--0-- 1,200 800 11,200
--0-- -- 0-- 1,593,583 1,548,318
125

Budget Unit Object Classes:
Personal Services ,,,,..,,--$ Regular Operating Expenses ,,________.___._________.$ Travel ...................._..._._..............-.-.-.-.-....-...$ Motor Vehicle Equipment Purchases .--..----$ Publications and Printing _______.__..___.___._.._--...$ Equipment Purchases -__..........----------------.$ Per Diem and Fees .....................-.........$ Computer Charges ..................$ Other Contractual Expense __..-----...-.----..-- $

1,479,652 21,960 78,771
--0-- 1,200 800
11,200
-- 0-- --0--

Section 31. Department of Public Safety.
Budget Unit: Department of Public Safety ............................_._..........--------..$ 23,608,904

1. Office of Highway Safety Budget:
Personal Services ..........................--....--..-...--.% Regular Operating Expenses ,,-------------.-.$ Travel ................^ Motor Vehicle Equipment Purchases ...._.......$ Publications and Printing ..............................^ Equipment Purchases ............................ $ Per Diem and Fees .-............-.....-...------$ Computer Charges ___ ..........................................9 Other Contractual Expense _.,,........................ $ Total Funds Budgeted _.__,,__._-_.__-___..._.__-___.___.$ State Funds Budgeted ..................................... $ Total Positions Budgeted

253,847 25,600 13,000
-- 0-- 7,000 2,000 8,000 1,000
--0-- 310,447 --0--
16

2. Commissioner's Office Budget:
Personal Services .....-..............._-.._--.._-.-...... $ Regular Operating Expenses .--.--------------j Travel __._...._____.................................................___. $ Motor Vehicle Equipment Purchases .._..___....$ Publications and Printing ..............................^,

373,381 49,155 4,690 30,000 30,000

FRIDAY, JANUARY 23, 1976

425

Equipment Purchases ,,--.-..---...__.____....--._..,,$

Per Diem and Pees ....... .............

4

Computer Charges .__.______,,,,....,,...,,______._____--....$

Other Contractual Expense -_____,,_--..-,,_------.$

Total Funds Budgeted ......................................^

State Funds Budgeted _

....,,..__.__..$

Total Positions Budgeted

4,000 3,000 --0-- --0-- 494,226 491,315
22

3. Staff Services Budget:

Personal Services ..................... .^

Regular Operating Expenses ___-____-__...--_---- $

Travel _________.__,,______.__._____._-__________________..,,-________.$

Motor Vehicle Equipment Purchases .._..__.._.$

Publications and Printing _______.___________..______.._._.$

Equipment Purchases -_..__...,,____.._-...--.,,.-.----.$

Per Diem and Fees ............ .....^

Computer Charges ___...........-_____..._.......______.___.$

Other Contractual Expense ___.,,____,,____--------$

Total Funds Budgeted

.........$

State Funds Budgeted .......................................^

Total Positions Budgeted

716,772 1,201,462
5,550 --0--
52,400 11,107
5,750 80,200 --0-- 2,073,241 2,073,241
64

4. Georgia State Patrol Budget:
Personal Services .....-...-................-.--..............I Regular Operating Expenses ......................... ^ Travel ....,,................,,_____..__._....,,._.........,,.__.___._-. $ Motor Vehicle Equipment Purchases _...........$ Publications and Printing __...........__._______.,,..-$ Equipment Purchases .,,...-__.___.___.............____-_.$ Per Diem and Fees _..___________...._..___._______,,___._.__-$ Computer Charges _..___...__--__-______._._._..____-_-___.$ Other Contractual Expense ............................$ Total Funds Budgeted __-.____-_..____-.,,..______-- $ State Funds Budgeted ............___._...........__.. ...._ $ Total Positions Budgeted

15,360,147 2,127,773
153,503 840,000 723,908 96,429 28,934 1,375,854 -- 0-- 20,706,548 20,461,772
1,162

5. Mandate Training--Operations Budget:
Personal Services .___..__._____......,,..........._____.._.... $ Regular Operating Expenses ..__.._._,,.....__...__.$ Travel ._.________________.__,,______________.____________._.._________... $ Motor Vehicle Equipment Purchases ,,_.----.$ Publications and Printing .._,,_.____._..._............_$ Equipment Purchases ._____..___.___...._..,,,,_..__.___.._. $ Per Diem and Fees -.......,,..____-__.____.........,,_.-_..._.$ Computer Charges ___.___.___-__............_._______-__.._- $ Other Contractual Expense .______----..,,-----_.$ Total Funds Budgeted __............_.___.__..-......,,_.$ State Funds Budgeted .__..__.._-_.__._.............-.--..$ Total Positions Budgeted

220,433 336,093
17,495 4,800 6,193 53,646 6,551 3,000 --0-- 648,211 238,680
17

6. Police Academy:
Personal Services ...........................^ Regular Operating Expenses -........_..__,,__-__--.$

273,474 71,736

426

JOURNAL OF THE SENATE,

Travel ...................................... .^ Motor Vehicle Equipment Purchases ............$ Publications and Printing ............................$ Equipment Purchases ................................,.....^ Per Diem and Fees .______--___..___.______,,...._____,,__.$ Computer Charges -....-..,,..--.--........-.....--___....$ Other Contractual Expense ............................^ Capital Outlay ................................. ^ Total Funds Budgeted ...................... ....^ State Funds Budgeted .......................$ Total Positions Budgeted

5,706 --0--
6,980 23,500 47,000 --0-- -- 0-- --0-- 428,396 343,896
17

Budget Unit Object Classes:
Personal Services ,,-_..-.....--._-.........-___.........$ Regular Operating Expenses .................--....$ Travel .........................................................^ Motor Vehicle Equipment Purchases _________--$ Publications and Printing ..............................% Equipment Purchases ..................................... ^ Per Diem and Fees ................................$ Computer Charges ..........-..-...........-_...,,,,....-__.$ Other Contractual Expense ...............--$ Capital Outlay ..................................$

17,198,054 3,811,819
199,944 874,800 826,481 190,682 99,235 1,460,054 --0-- --0--

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Geor gia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American As sociation of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, that upon proper approval by the Office of Planning and Budget and the State Personnel Board, the Department is authorized, to the extent funds are available, to upgrade the positions of the Community Relations Specialists in the Commissioner's Office Activity.

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 ...........$
Budget Unit Object Classes:
Payments to Employees' Retirement System ........................ .....^

8,278,180
-- 0-- 8,278,180 8,278,180 8,278,180
--0--

FRIDAY, JANUARY 23, 1976

427

Employer Contributions ._..._.__._____._____.___.______. $ 8,278,180

Section 33. Public Service Commission. Budget Unit: Public Service Commission _...._....$ 2,191,045

1. Administration Budget:
Personal Services .... .........._......__..___................. $ Regular Operating Expenses .-......-....-.....--._.$ Travel ...........___......____........................_.._..____..__.._. $ Motor Vehicle Equipment Purchases ---_--..$ Publications and Printing ____.________,,,,.,,......,,.__$ Equipment Purchases -.-- :__.___,,_._._,,_$ Per Diem and Fees ...................................._______.$ Computer Charges ........--..,,......__--...__.___.,,___,,$ Other Contractual Expense ............................$ Total Funds Budgeted ..................................... $ State Funds Budgeted ________......__....._.._.._..______.$ Total Positions Budgeted

516,920 32,480
6,500 --0---
1,500 2,300 2,000 --0-- 22,500 584,200 584,200
27

2. Transportation Budget:
Personal Services ..............................................I Regular Operating Expenses .-_-__-.--.--.----_..$ Travel _....._._____.____$ Motor Vehicle Equipment Purchases .--....-- $ Publications and Printing __...___.____.__________________$ Equipment Purchases ________._..--..--___.--.__----_.$ Per Diem and Fees __.........--...._......,,................$ Computer Charges ..-..-..-..-_-..--.--.--.___.--.-_---..$ Other Contractual Expense .___,,_.___...._._...____.$ Total Funds Budgeted ....................................$ State Funds Budgeted _____._.__.__.._______._...___.__..$ Total Positions Budgeted

511,972 104,118 32,500 --0--
8,500 5,200 3,000 --0-- --0-- 665,290 665,290
44

3. Utilities Budget:
Personal Services ..........-..............-............-..__._.$ Regular Operating Expenses ___---.___.---_._..,, $ Travel _.....................___..-_.._____..._____._...__...__........$ Motor Vehicle Equipment Purchases ......_.....$ Publications and Printing ___.___.___.___.____.__.___.___.$ Equipment Purchases ---...---..--....--..-------- $ Per Diem and Fees ....._._.....__.___.....__..................$ Computer Charges ___.____._..___.____.__.___.____.___.._.._.$ Other Contractual Expense ....-.--.--.--.-.-..----.$ Total Funds Budgeted _________._____......_.____._...__.$ State Funds Budgeted ....................................I Total Positions Budgeted

724,791 89,790 40,000 --0---
6,000 16,800 102,850 --0-- --0-- 980,231 941,555
56

Budget Unit Object Classes:
Personal Services .....-......-............................__.-_..$ Regular Operating Expenses ._.____.___,,..___.......$ Travel ._............_..___......................_..._.__.............$

1,753,683 226,388 79,000

428

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases -.......-- $ Publications and Printing ..................^ Equipment Purchases .................................^ Per Diem and Fees ..................... ...........^
Computer Charges ------------ ... .-- .--.$ Other Contractual Expense ________.___________________$

--0-- 16,000 24,300 107,850
--0-- 22,500

Section 34. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions ............_._....._....._......_..._.._ $ 258,064,319

1. Resident Instruction Budget:

Personal Services ............................$ 225,266,285

Regular Operating Expenses,

Travel, Motor Vehicle

Equipment Purchases, Pub

lications and Printing,

Per Diem and Fees, Equip

ment Purchases, Computer

Charges, and Other

Contractual Expense ......................$ 67,899,658

Teachers' Retirement ....___.....___________._...___._._...$ 17,595,715

Capital Outlay .........................$ 2,172,000

Authority Lease Rentals ...................... ^ 22,686,000

State of Georgia General

Obligation Debt Sinking Fund .....__.._..________$ 1,867,591

Total Funds Budgeted ............................ .^ 337,487,249

State Funds Budgeted __.-.-__._.._._.................. j 227,127,671

Total Positions Budgeted

15,279

Provided, that from appropriated funds in A, the amount of $24,553,591 in F. Y. 1976 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.
Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provisions of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.

FRIDAY, JANUARY 23, 1976

429

Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the funds sources from which such salary is paid shall pay the pro rata cost of any employer contribution ap plicable to such salary to the Teachers' Retirement System.

No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives.

2. Marine Resources Extension Center Budget:
Personal Services ______.___.--______-....__.___............$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges and Other Contractual Expense ............... $ Total Funds Budgeted ............._-..........-..___...$ State Funds Budgeted ,,...-...-..-...-.-......._..___.-$ Total Positions Budgeted

256,788
119,302 376,090 376,090
25

3. Skidaway Institute of Oceanography Budget:

Personal Services ._.._.....____..._..__....................._..$

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publica

tions and Printing, Per Diem and Fees,

Equipment Purchases, Computer Charges,

and Other Contractual Expense ___.__....,,._. $

Total Funds Budgeted ..................... ^..^$

State Funds Budgeted

........................... ^

Total Positions Budgeted

786,235
758,546 1,544,781
553,781 36

4. Engineering Experiment Station Budget:
Personal Services .-....-.....-.-................__..__.,,...- $ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees,

6,760,140

430

JOURNAL OF THE SENATE,

Equipment Purchases, Computer Charges, and Other Contractual Expense ---......,,__.$ Total Funds Budgeted ..-......-..._._.............,,.__....$ State Funds Budgeted ....................... ^ Total Positions Budgeted

2,226,001 8,986,141 2,253,441
201

5. Engineering Extension Division Budget:
Personal Services --__,,___.______.__,,..................___.$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense .._.___,,_____.__.$ Total Funds Budgeted .. ...........................^ State Funds Budgeted __,,_..._._.,,,,..,,__..._..$ Total Positions Budgeted

749,000
355,262 1,104,262
392,807 66

6. Agricultural Experiment Stations Budget:

Personal Services ..........................$

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publica

tions and Printing, Per Diem and Fees,

Equipment Purchases, Computer Charges,

ar "-"--her Contractual Expense ..,,............$

Total

Budgeted .__.._.____....._..........._..___.$

State '

^eted __._.___.,,.._,,___.._$

Total I

geted

9,898,976
4,986,338 14,885,314 9,293,593
833

Provided, that 01 th^ , ,, r-> appropriation relating to the Agriculture Experiment Stations, $250,000 is in tended to meet price increases in agricultural supplies, materials and equipment necessary for research and to improve scientist man year support.

7. Cooperative Extension Service Budget:
Personal Services ......................................... ^ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense _.__.__________.$ Total Funds Budgeted ..............................$ State Funds Budgeted ..............__.______-___.........$ Total Positions Budgeted

14,304,624
2,048,012 16,352,636 8,196,636
936

Provided, that of the above appropriation relating to the Cooperative Extension Service, $120,000 is desig nated and committed for six specialist and three clerical positions and $100,00 is designated and committed for operational costs of the Cooperative Extension Services.

FRIDAY, JANUARY 23, 1976

431

8. Talmadge Memorial Hospital Budget:
Personal Services ...................................... ^ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ................. $ Total Funds Budgeted ....................................$ State Funds Budgeted ..........--___.....................$ Total Positions Budgeted

16,438,267
5,269,487 21,707,754
9,870,300 1,873

Budget Unit Object Classes:

Personal Services .__. ..................................$ 274,460,315

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publica

tions and Printing, Per Diem and Fees,

Equipment Purchases, Computer Charges,

and Other Contractual Expense ................$ 83,662,606

Teachers' Retirement ...................................... ^ 17,595,715

Capital Outlay

.........................$ 2,172,000

Authority Lease Rentals ...._...........-.-.--.$ 22,686,000

State of Georgia General Obligation

Debt Sinking Fund .................. ...^, 1,867,591

B. Budget Unit: Regents Central Office _,,.....$
Regents Central Office Budget:
Personal Services ._______,,_........--~~~--~~--.$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ......................................I SREB Payments _.......,,.____,,_----___----$ Medical Scholarships ......_._....-_----__---$ Regents Scholarships .......... ...^.. .......$ Grants to Junior Colleges ................^ Total Funds Budgeted ............ .........--.^ State Funds Budgeted .................... 4 Total Positions Budgeted

7,201,838
1,645,389
345,846 732,000 345,000 200,000 3,933,603 7,201,838 7,201,838
98

Budget Unit Object Classes:
Personal Services ........,,_..........--...------......._$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ...........................$ SREB Payments .............................................^ Medical Scholarships .....................................^

1,645,389
345,846 732,000 345,000

432

JOURNAL OF THE SENATE,

Regents Scholarships ....... Grants to Junior Colleges

200,000 3,933,603

Section 35. Department of Revenue. Budget Unit: Department of Revenue

.-.$ 18,170,608

1. Executive Administration Budget:
Personal Services --.--------______________..________.$ County Tax Officials/Retirement
and PICA ___.___....____._.____....._......___...........,,..$ Regular Operating Expenses __..__......._.....___.$ Travel ___.._.,,-,,___.__.___._.__.__..__.,,.____.__.___...____.$ Motor Vehicle Equipment Purchases ........__$ Publications and Printing _______________.._..._...___$ Equipment Purchases .__-__..__..,,.___.........__.__.___.$ Per Diem and Fees ................. $ Computer Charges .__.._.._......._.__$ Other Contractual Expense --....,,----,,,,,,....$ Total Funds Budgeted ......,,....,,__,,_.___.....____....$ Indirect Computer Funding ._._._.______.____._______._$ State Funds Budgeted _....._.__................._.$ Total Positions Budgeted

561,512
436,000 359,738
12,000 4,000 306,736 21,850 19,800 35,000 --0-- 1,756,636 25,000 1,731,636
36

2. Internal Administration Budget:
Personal Services ___._____..._______,,.,,__.___________.___.$ Regular Operating Expenses ....----..--..--....$ Travel ___.....__. $ Motor Vehicle Equipment Purchases .......... $ Publications and Printing .....................__....._.$ Equipment Purchases ___.....,,_--...,,,,---.--.._..$ Per Diem and Fees ___.____._......________............,,_.-..$ Computer Charges __.._..____._._....__........$ Other Contractual Expense ,,____.._......__.........$ Total Funds Budgeted ,,_.____________,,_______.__________.$ Indirect Computer Funding ......,,.__._______.___...$ State Funds Budgeted .............__._....--...___..__.$ Total Positions Budgeted

762,023 609,753
1,500 -- 0---
3,000 24,000
1,000 54,300 --0-- 1,455,576 45,000 1,410,576
69

3. Property Tax Budget:
Personal Services ......___._._.__.__._.._..._._.___.__.$ Regular Operating Expenses ___.................._..$ Travel __.....________.___._______..__._____._.._..--_-_.-__...... $ Motor Vehicle Equipment Purchases .__.........$ Publications and Printing .__..,,..__.___.,,_........._...$ Equipment Purchases ................___--...----..___.$ Per Diem and Fees -_---...-............_,,--....__..__...$ Computer Charges .__..__.._.............._._.........,,.....$ Other Contractual Expense ....,,--_,,--------.$ Loans to Counties/Property
Reevaluation ................._-._-.-_-.......,,......-_$ Grants to Counties/Appraisal Staff ___...,,.,,$ Intangible Tax Equalization Fund _....._....-,,-$ Total Funds Budgeted .........,,..............______.___.$

711,871 31,487 44,600 9,200 99,000 2,775 51,000
455,000 --0--
201,000 1,250,000
--0-- 2,855,933

FRIDAY, JANUARY 23, 1976
Repayment of Loans to Counties/Property Reevaluation _.
Indirect Computer Funding ........___. State Funds Budgeted ____________________ Total Positions Budgeted

433
201,000 455,000 2,199,933
58

In addition, there is hereby appropriated the amount of such repayment of county tax evaluation loans as may be made by such counties during the fiscal year in such amounts and for the same purpose as originally appropriated but not to exceed $201,000 in F.Y. 1976. Such amount shall be available for further tax evaluation loans to counties.

Provided, that of the above appropriation, no funds are designated and committed for the cost of the In tangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.

4. Sales Taxation Budget:

Personal Services _...__.______.._______--_-_-_-..._-$

Regular Operating Expenses ........................if

Travel

__

$

Motor Vehicle Equipment Purchases ___________ $

Publications and Printing ______......._______________..$

Equipment Purchases .___________.--------------.,,_$

Per Diem and Fees _..._____._ _ ..________..____.$

Computer Charges ... ______________________..___.__._..__.._.$

Other Contractual Expense ___..._------ __.....,,._$

Total Funds Budgeted ._.._______......._________________.$

Indirect Computer Funding ,,________._______________.$

State Funds Budgeted ................--..----I

Total Positions Budgeted

741,233 72,400
4,000 --0--
53,600 4,300
--0-- 618,372 --0-- 1,493,905 295,000 1,198,905
73

5. Motor Fuel Taxation Budget:

- Personal Services _._.._...,,,,.__

,,._-.$

Regular Operating Expenses -______.__.____._______$

Travel

____.__._._..._..._._._.._._.$

Motor Vehicle Equipment Purchases ----__... $

Publications and Printing .__...__..__________._..,,___ $

Equipment Purchases ___.____________.-_._--_.-__._.--__.$

Per Diem and Fees _-.--_--._--_.----,,----_----_-_$

Computer Charges ---_-,,-----_.$

Other Contractual Expense ___________....--.,,_.___.$

Total Funds Budgeted ._..--_,,. $

Indirect Computer Funding

______ $

State Funds Budgeted _.......-........-____._-__.___..-_.$

Total Positions Budgeted

373,661 9,584 2,000
--0-- 45,000 1,755
--0-- 95,000
--0-- 527,000
90,000 437,000
35

434

JOURNAL OF THE SENATE,

6. Income Taxation Budget:

Personal Services ._......________.,,.___._._.___.._._.__.....$

Regular Operating Expenses .,,..,,......__.....,,_...$

Travel

..................... ..^

Motor Vehicle Equipment Purchases _--.--....$

Publications and Printing .............. .....^

Equipment Purchases ______.__..--.....------------$

Per Diem and Fees ....................... ..... - ^

Computer Charges ________.________.----__----_ $

Other Contractual Expense ,,----.--,,--------.$

Total Funds Budgeted .__..____._-______________.___.___.$

Indirect Computer Funding ............... ..^,

State Funds Budgeted ._.......-_..__._...--.---$

Total Positions Budgeted

1,270,793 167,248 3,507 --0-- 215,300 5,165 --0--
1,505,000 --0--
3,167,013 1,505,000 1,662,013
115

7. Alcohol and Tobacco Taxation Budget:

Personal Services

.....................^

Regular Operating Expenses _--____--___-____.__$

Travel

.........$

Motor Vehicle Equipment Purchases ___________.$

Publications and Printing ____________.__.____.._.____..$

Equipment Purchases

..----...$

Per Diem and Fees .__________.___._._.__._-_..___._______...$

Computer Charges .__.___.,,..____......._...._______.___.....$

Other Contractual Expense __,,_.____-.___--___-__.__$

Total Funds Budgeted ____.__.__,,...................-......$

Indirect Computer Funding .............................$

State Funds Budgeted .......................... ^

Total Positions Budgeted

1,628,671 201,567 37,000 110,400 13,500 3,050 7,608 50,000 --0--
2,051,796 25,000
2,026,058 114

8. Motor Vehicle Registration Budget:

Personal Services ........................... .^.

Regular Operating Expenses __________________________$

Travel

.............. ..^,

Motor Vehicle Equipment Purchases .._..__.._..$

Publications and Printing ....___.__...__..._.__........$

Equipment Purchases --.----------------.--.-- $

Per Diem and Fees _._.___..._.______--_..__..___.___.._....$

Computer Charges ..___._.,,_..___._--_-______...__._._____.$

Other Contractual Expense ....---------------.if

Total Funds Budgeted ......._.........$

Indirect Computer Funding .,,._._.______._...____.__.$

State Funds Budgeted ....,,_...__._...._.____.__.....-__.$

Total Positions Budgeted

1,683,704 272,635 5,212 --0-- 242,486 14,740 300
1,641,500 --0--
3,860,577 1,590,000 2,270,577
197

9. Central Audit Budget:

Personal Services .....................----.------...--.$

Regular Operating Expenses .,,..----_,,,,----..$

Travel

..

..^

Motor Vehicle Equipment Purchases .,,..,,..$

Publications and Printing ..............$

Equipment Purchases ,,_______,,_-------------_--.$

Per Diem and Fees ........ _.............___.__$

1,260,337 29,981
246,614 --0--
3,000 4,400 1,000

FRIDAY, JANUARY 23, 1976

435

Computer Charges ._...__.__..._..___......_......_.___.._.._.$ Other Contractual Expense -..,,_________-------.__$ Total Funds Budgeted _,,..___.,,_________________.._.____.$ State Funds Budgeted ... ....._____________________.__._____$ Total Positions Budgeted

3,000 --0-- 1,548,332 1,548,332
78

10. Field Audit Services Budget:
Personal Services ___.-_._.--......_...__._...._.__.._........ $ Regular Operating Expenses _......--------.--$ Travel -- _,,_.__.---___.._._.,,_..$ Motor Vehicle Equipment Purchases -..,,...._.$ Publications and Printing ___________________________.____$ Equipment Purchases ....___.....-._____......,,......_..___.$ Per Diem and Fees .______.___-....._......._._-______....._..$ Computer Charges ...-_-:._. $ Other Contractual Expense .__..............__...___._.$ Total Funds Budgeted .___.___._...__......,,..__.._.....$ State Funds Budgeted ___________.__..____,,___________._$ Total Positions Budgeted

2,899,571 157,789 195,000 --0-- 8,918 12,300 2,000 8,000 --0--
3,283,578 3,283,578
245

11. Motor Vehicle Tag Purchases Budget:
Motor Vehicle Tag Purchases _____._____.,,.._______$ Motor Vehicle Decal Purchases ......_.__......._.__ $ Total Funds Budgeted _____________________-.----$ State Funds Budgeted ___._______________________________.$ Total Positions Budgeted

77,250 324,750 402,000 402,000
0

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $77,250 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 104,000 regular motor vehicle tags and 10,000 bicentennial tags.

Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags ex ceed the -amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal year.

Budget Unit Object Classes:

Personal Services .._._._..__.___.___.._.._...._.......__._.___.$

County Tax Officials/Retirement

and FICA .,,._._._,,..._._._..._.....$

Regular Operating Expenses _______..______________.$

Travel

-...._._. $

Motor Vehicle Equipment Purchases _._.___.... $

Publications and Printing _______ .... ._____$

Equipment Purchases ____._--___.--________.--..____.._.$

Per Diem and Fees ___________..__....._.,,.________________....$

Computer Charges .__.___._...................-..-.__._.$

11,893,376
436,000 1,912,182
551,433 123,600 990,540 94,335 82,708 4,465,172

436

JOURNAL OF THE SENATE,

Other Contractual Expense ..................._......_...$ Loans to Counties/Property
Reevaluation ............................................ ^ Grants to Counties/Appraisal Staff __..__..._._..$ Motor Vehicle Tag Purchases ....-............,,_ $ Intangible Tax Equalization Fund ....___._...._..$

--0--
201,000 1,250,000
402,000 --0--

Section 36. Secretary of State. A. Budget Unit: Secretary of State ____.__._._____________.$

5,801,290

1. Occupational Certification Budget:

Personal Services .........._____--..______.,,...._....,,...._.$

Regular Operating Expenses ____________________.__.$

Travel

------_----______._._$

Motor Vehicle Equipment Purchases -- .,,.__.$

Publications and Printing ..,,_______._...____........_ $

Equipment Purchases .-..-----__,,___....-_.__._______.$

Per Diem and Fees ..........................................$

Computer Charges ..................

^

Other Contractual Expense ..........,,___..__.....__.$

Total Funds Budgeted -.-......-...._.._._-._-._._-$

State Funds Budgeted ........_........_..__.--.__._.__.$

Total Positions Budgeted

1,206,471 306,892 96,004 --0-- 19,968 9,500 140,838 15,000 --0--
1,794,673 1,794,673
113

2. Securities Regulation Budget:
Personal Services .....--....................................$ Regular Operating Expenses ........................^ Travel .......................................^ Motor Vehicle Equipment Purchases ....--._.$ Publications and Printing ___.._..........,,.....,,._...$ Equipment Purchases --_.----.-..,,----...--_..____.$ Per Diem and Fees ................................ i Computer Charges ....................... ^ Other Contractual Expense _,,,,_.___.___.___._,,._,,.$ Payments for Outside Attorneys' Fees _______.$ Total Funds Budgeted .............__._....__.............$ State Funds Budgeted ....____-_..._.._._..................$ Total Positions Budgeted

208,666 9,455 13,330
--0-- 1,932 1,529
--0-- --0-- --O1--
17,600 252,512 252,512
14

3. Corporations Regulation Budget:

Personal Services ............___.._.,,.___._.___..__.___.--.$

Regular Operating Expenses

..........-.,,,,$

Travel ....................._.........____.____...................... $

Motor Vehicle Equipment Purchases ,,.___,,___.$

Publications and Printing .....,,.___.___..__.__...._.....$

Equipment Purchases ___.--,,___...__,,.-..,,.-.--_.. $

Per Diem and Fees --.----_,,-_,,_.__.-_,,.--..-...--. $

Computer Charges ....,,...---_-._..__-_-...-..--,,.,,_.$

Other Contractual Expense ,,________,,_____._.._......$

Total Funds Budgeted ^

.^.. .............^..$

State Funds Budgeted _._.___-___.........._,,.___.._-$

Total Positions Budgeted

204,409 17,987 387
--0-- 2,900 1,434
--0-- --0--
30,000 257,117 257,117
20

FRIDAY, JANUARY 23, 1976

437

4. Pharmacy Regulation Budget:

Personal Services ._.........................-._._..._.........$

Regular Operating Expenses __,,__._.__..__.__._._..$

Travel ............. ^

........$

Motor Vehicle Equipment Purchases _._.______..$

Publications and Printing ______.____________._-__,,_____$

Equipment Purchases ............ ^

Per Diem and Fees ..-.....,,.......-.....-.__.-.-............$

Computer Charges ___..--__..-,,-,,_.___,,._,,,,.._._._.___.$

Other Contractual Expense ._--.,,--_--..- _._....$

Total Funds Budgeted ....-_.-.___._.-_..__-........$

State Funds Budgeted

..... $

Total Positions Budgeted

206,204 5,564
38,835 --0--
194 --0-- --0-- --0-- --0--250,797 250,797
12

5. Archives and Records Budget:

Personal Services . ..

.$

Regular Operating Expenses ....._...._.___.._..._..$

Travel ............... $

Motor Vehicle Equipment Purchases .--..--,,$

Publications and Printing _._..._......._.._._......._.._..$

Equipment Purchases _..____....---..-...........--.$

Per Diem and Fees

................ 4

Computer Charges ...,,._..,,..___.__..__..__._..__.___,,___.$

Other Contractual Expense .,,.___._._.___._._.,,_.___.$

Authority Lease Rentals ................................^

Total Funds Budgeted ^..................................^

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

$

Total Positions Budgeted

1,070,294 92,625 6,763
--0-- 9,223 1,662
--0-- --0-- --0-- 815,000 1,995,567 1,995,567
88

6. General Services Budget:
Personal Services ............................. ^ Regular Operating Expenses ____.______..__________.$ Travel ................................................___._-__..._.___.$ Motor Vehicle Equipment Purchases _...._...__.$ Publications and Printing .,,..__.,,_...__...._....._._.$ Equipment Purchases ....._._....._...__...,,..._..._..._..$ Per Diem and Fees ....._..,,..__.._....__._._._........._.... $ Computer Charges ............................ ..^ Other Contractual Expense ____-_..,,..-----------$ Total Funds Budgeted ..___._..._......_..._......._...._.$ State Funds Budgeted ._......._...._._.__....._..........$ Total Positions Budgeted

422,666 51,760 5,216
--0-- 27,830 6,067 1,933
-- 0-- --0-- 515,472 513,271
34

7. Internal Administration Budget:
Personal Services .....-.,,...-..-_._._--_--__..__.._...--..$ Regular Operating Expenses ._______________.$ Travel ................._........-........................_._._........ $ Motor Vehicle Equipment Purchases ....._..,,_.$ Publications and Printing _....._......_...... .........$ Equipment Purchases ........................... .......^ Per Diem and Fees ....,,.......--.-..._--_.--......----$ Computer Charges ....._.......--.-,, . ... ......$ Other Contractual Expense ___.________________________$

404,594 58,151 5,917
--0-- 67,344 3,867
--0-- --0-- --0--

438

JOURNAL OF THE SENATE,

Total Funds Budgeted ......_-___._-.,,......._____.___.$ State Funds Budgeted __.........___..___._...._.___.....$ Total Positions Budgeted

539,873 539,873
29

8. Bicentennial Commission Budget:

Personal Services ....___-------.......-._...____...__--..$

Regular Operating Expenses ___________--_--,,_.$

Travel _._.._,,._._.._._._,,,,_..$

Motor Vehicle Equipment Purchases ....--..__.$

Publications and Printing ,,.__,,__,,._____________.____$

Equipment Purchases .------.....--.----------_,,_$

Per Diem and Fees __..._______.,,...........__.___...........$

Computer Charges ,,____,,_.__--,,_____,,__..--------_,,.$

Other Contractual Expense .___,,_.,,____.-----____$

Total Funds Budgeted

._.._.-.--$

State Funds Budgeted __.._.________.___.___________...__.$

Total Positions Budgeted

73,939 391,716
8,000 --0--
13,200 1,300 3,000
--0-- --0-- 491,155 176,155
5

9. State Ethics Commission
Personal Services ..._.__.............__,,__.__-.-..........._.$ Regular Operating Expenses ._...-----------..$ Travel .-_.__-.--..,,......-._._-.---......___-...._____.-..__.$ Motor Vehicle Equipment Purchases .....,,.___.$ Publications and Printing .__....__.____.,,__.____.....__.$ Equipment Purchases --.----_.--._.__-----------__$ Per Diem and Fees --,,----.$ Computer Charges ____--___-_--____,,._--__._------..___$ Other Contractual Expense ___..,,._._.__-.._...--__.$ Total Funds Budgeted _,,________.___.________,,_.__-___.$ State Funds Budgeted ...._._._._......__..__-_.--__.$ Total Positions Budgeted

35,659 7,185 4,365
--0-- 3,660 6,676 3,780
--0-- --0--
61,325 21,325
3

Budget Unit Object Classes:

Personal Services ---,,,,,,.----$

Regular Operating Expenses ___.______.........:___ $

Travel _.

__

$

Motor Vehicle Equipment Purchases ....._--__.$

Publications and Printing ...._._._._.....__........_.. $

Equipment Purchases .-..._..,,._______-..............__.$

Per Diem and Fees ________,,__-._._._._.....,,

$

Computer Charges __.._._-.-.________...__..._..._._______.$

Other Contractual Expense ......__.__.._...,,..-..__.$

Authority Lease Rentals .-...,,..._____......,,.....,,..$

Payments for Outside Attorneys' Fees --.....$

3,832,902 941,335 178,817 --0-- 146,251 32,035 149,551 15,000 30,000 815,000 17,600

Provided, that of the above appropriation relating to the Secretary of State, $30,000 of the amount budget ed to the object class Other Contractual Expense in the Corporations Regulation Budget is designated and committed for legal fees for dissolution of defunct corporations.

FRIDAY, JANUARY 23, 1976
B. Budget Unit: State Building Administrative Board ---....-__--_---------.---$
State Building Administrative Board Budget:
Personal Services --,,.,,,,-.-- $ Regular Operating Expenses __...___-____..,,______.$ Travel ---._.-------.$ Motor Vehicle Equipment Purchases _-...____.$ Publications and Printing __.___________________..____._.$ Equipment Purchases ...._...._..,,__..__..$ Per Diem and Fees .__._____._..._.__.______...____.__________.$ Computer Charges ,,_________.-.,,_____..._______......_______. $ Other Contractual Expense ___________.____,,_.___.___.$ Total Funds Budgeted ______.._______._...____-_....___._.$ State Funds Budgeted ___--...._____--..___.._.._____._.$ Total Positions Budgeted

439
94,665
69,388 10,063 4,217 --0-- 4,781 2,869 3,347 --0-- --0-- 94,665 94,665
6

Budget Unit Object Classes:
Personal Services _.............$ Regular Operating Expenses .__..--______--______.$ Travel ......._........_._.._....$ Motor Vehicle Equipment Purchases _--_..._.$ Publications and Printing _____.,,_.___________--______.$ Equipment Purchases ..____----.,,_-----.--_--__.$ Per Diem and Fees ..__.__.__..._..____-__-__....__-____...? Computer Charges __----._.. .._._____.--.....,,....--___.$ Other Contractual Expense .. ___.________--.____..$

69,388 10,063 4,217 --0-- 4,781 2,869 3,347 --0-- --0--

Section 37. State Scholarship Commission. Budget Unit: State Scholarship Commission $

9,715,396

1. Internal Administration Activity Budget:
Personal Services ..........__........$ Regular Operating Expenses ___....._____._-._...._.$ Travel ..._______.._...._.$ Motor Vehicle Equipment Purchases _.--...___.$ Publications and Printing _______.__.____.___.______.._.$ Equipment Purchases ............._..--..._._..._...._..$ Per Diem and Fees ___._........_..._.........._._..__....._.$ Computer Charges ___..........._._..-.._._.._._..-....._._.$ Other Contractual Expense ....__--.--....--.,,._.$ Total Funds Budgeted ....._..._..._......_._._........_..$ State Funds Budgeted .._..__.._......._..-....-...__.$ Total Positions Budgeted

574,031 130,488
22,347 --0---
6,778 2,300 7,484 230,000 --0-- 973,428 642,957
48

2. Higher Education Assistance Corporation Budget:
0 Payment of Interest ._._....._..._........_..._.__....._....$ Total Funds Budgeted ._...__.--....._.____.......__.....$ State Funds Budgeted ....._.._..._..._._._..........._._...$ Total Positions Budgeted

214,000 214,000 -- 0--
0

440

JOURNAL OF THE SENATE,

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans --.__,,------_---_----$ Tuition Equalization Grants -_-....___..-.......__.$ State Student Incentive Scholarships ___.._.$ Total Funds Budgeted ____,,._.,,_________________________-$ State Funds Budgeted ___.___-_-...__.__._-._.....__--.$ Total Positions Budgeted

2,155,500 6,024,939 1,280,000 9,460,439 9,060,439
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships -__._......___-._.......__..$
Total Funds Budgeted ........................^ State Funds Budgeted ._.,,___-._.._......__.......__.....$ Total Positions Budgeted

12,000 12,000 12,000
0

Budget Unit Object Classes:
Personal Services ___......._.--...,,____-......-._____......$ Regular Operating Expenses ....._.._.___.__..._.$ Travel .................................... ^ Motor Vehicle Equipment Purchases ------_.$ Publications and Printing ._______.____,,__$ Equipment Purchases -------------------.$ Per Diem and Fees __,____._.______..._______._-.____.___._-$ Computer Charges ....___...._____...__,,__.______-...-.. $ Other Contractual Expense .....___._-..,,..._.______- $ Payment of Interest ..____........_....___...._.._.___.-..$ Direct Guaranteed Loans .__.___________.._____._____.? Tuition Equalization Grants .....---...........__.$ State Student Incentive Scholarships __.._,,.--_ $ Law Enforcement Personnel
Dependents Scholarships _____.__________________-.$

574,031 130,488 22,347 --0--
6,778 2,300 7,484 230,000 --0-- 214,000 2,155,500 6,024,939 1,280,000
12,000

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the pur pose of providing stipends for training, recruitment and counselor personnel in health career fields.

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not less than $1,224,00 is designated and committed for the pur pose of providing loans under the guaranteed student loan program to students in paramedical, professional and educational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of em ployment approved by the Scholarship Commission as provided for in Ga. Laws 1965, p. 210, as amended.

Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents

FRIDAY, JANUARY 23, 1976

Scholarships $12,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

Provided, that from the above appropriation $6,024,939 is designated and committed to provide $500 Tuition Equalization Grants to Freshmen, and $400 Tuition Equalization Grants to Sophomores, Juniors and Seniors attending private colleges as provided in Ga. Laws 1971, p. 906, as amended.

Provided, that the above appropriated amount rela tive to Student Incentive Scholarships is designated and committed solely for the purpose of providing needsbased scholarships to first-year and to second-year undergraduate students as provided by applicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student In centive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of high er education, nor to students for summer period study in other post-secondary educational institutions unless summer period study is part of the typical academic
year of such institution.

Section 38. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee _. ......................__.... _.$

Soil and Water Conservation Central Office Budget:

Personal Services ._..._...,,.....___.....___-...._--------. $

Regular Operating Expenses -..........-...---..-...$

Travel

__ .. . . ....._._.,,.$

Motor Vehicle Equipment Purchases ,,--_..._,, $

Publications and Printing .__..,,..__......_........___...$

Equipment Purchases .._._------- .--_------ $

Per Diem and Fees _,,,,_..,,---,,---$

Computer Charges ___.-----.---------------------.$

Other Contractual Expense ...._._-_ ..,,._______.._-_,,_.$

Total Funds Budgeted _........_.,,......._.__......-__..$

State Funds Budgeted ....___.........__-.__....___..-....$

Total Positions Budgeted

441
421,978 159,181
19,703 25,400 --0-- 3,355
600 98,630 --0-- 90,109 396,978 396,978
11

442

JOURNAL OP THE SENATE,

District Operating Expense Budget:
Personal Services --.----.........-.-..............$ Regular Operating Expenses ----_---------..__._.$ Travel .................................. ..............^ Motor Vehicle Equipment Purchases ----_____.$ Publications and Printing _______._._._._.._........__.__.$ Equipment Purchases ............................ ^ Per Diem and Fees .----________.___.______.........._._____.$ Computer Charges ..................... ..^ Other Contractual Expense ..............................^ Total Funds Budgeted ....__.____..__..___.....,,.____.___.$ State Funds Budgeted ................................^....$ Total Positions Budgeted

250 9,500 --0_
--0-- 13,000 1,700 550
--0-- --0--
25,000 25,000
0

Budget Unit Object Classes:

Personal Services .................

...^

Regular Operating Expenses ..,,.__..__........_.____.$

Travel

..........$

Motor Vehicle Equipment Purchases ,,--__.___.$

Publications and Printing ................. .....^

Equipment Purchases ......------.......,,----.,,.--.$

Per Diem and Fees ._____-____.______.__-__,,_.._.-___-__.___.$

Computer Charges ..................... .^

Other Contractual Expense _.___.__....._____.......__.$

159,431 29,203 25,400 --0-- 16,355 2,300 99,180 --0-- 90,109

Section 39. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System .............$

980,265

Departmental Operations Budget:

Personal Services ,,-,,-----------$

Regular Operating Expenses --.._..__--......----.$

Travel ................ ^

Motor Vehicle Equipment Purchases --,,_,,--.$

Publications and Printing ..............................^

Equipment Purchases ___...---....---...-------..--.$

Per Diem and Fees ............$

Computer Charges ............................................^

Other Contractual Expense ........................-- $

Floor Fund for Local

Retirement Systems ..... ..-.-- --$

Total Funds Budgeted ..................................... 9

State Funds Budgeted .

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

Total Positions Budgeted

504,532 47,390 16,000 --0-- 12,000
6,123 63,250 175,000 -- 0--
980,265 1,804,560
980,265 40

Budget Unit Object Classes:

Personal Services .......$

Regular Operating Expenses ___....,,__._..--.__.....$

Travel

.........$

Motor Vehicle Equipment Purchases ---...--.$

Publications and Printing ....._......___......_-__......$

Equipment Purchases ................. ..^

504,532 47,390 16,000 --0-- 12,000 6,123

FRIDAY, JANUARY 23, 1976
Per Diem and Fees --._--_____.___,,____.___,,___________,,$ Computer Charges .-...._.--.--..---.---..___..____.._.._.$ Other Contractual Expense .-..............._._.._.._._.$ Floor Fund for Local
Retirement Systems _..__......_.....__.,.._._.._..__...._.$

443
63,250 175,000 --0--
980,265

Section 40. Department of Transportation.
Budget Unit: Department of Transportation ......................................................I 247,380,167.16

1. Planning and Construction Budget:

Personal Services ___.._,,.,,.._..__,,_.,,,,$ 51,732,968.00

Regular Operating Expenses ___.__..___._..______...__.$ 4,852,874.00

Travel -..........._-..,,..__..__.___.__...._._.__.._.,,...._____..__..$ 1,882,650.00

Motor Vehicle Equipment Purchases ,,.._--_..$ --0--

Publications and Printing ._........,,.__.___.._..._..___.$

197,066.00

Equipment Purchases ......_..__.._.........___.___..._-__.$ 140,200.00

Per Diem and Fees .___._...._._._._._.__.___...,,._.___....__.$ 470,000.00

Computer Charges - --_.__.. ...----_..,,_..--_--,,_.$ --0--

Other Contractual Expense ......---__.__.......__._._..$ 5,475,854.00

Capital Outlay

,,..,,._.,,,,.,,$ 190,187,657.11

State of Georgia General Obligation

Debt Sinking Fund .__.___._........___.__......,,____-_..$ 8,000,000.00

Total Funds Budgeted ....___.___......._...._........_.___.$ 262,939,269.11

State Funds Budgeted ._...._....-_..._.._...._...-....$ 104,736,624.00

Total Positions Budgeted

3,597

2. Maintenance and Betterments Budget:

Personal Services

--. . - $

Regular Operating Expenses .._.__-......__..-....__.$

Travel .-...---.-. $

Motor Vehicle Equipment Purchases _.----__. $

Publications and Printing ....._._._......____....._...__.$

Equipment Purchases --.,,_.._......--.-_.---------..$

Per Diem and Fees _._.__...,._.__.__.....-._._...._--_......$

Computer Charges .....__.__.,,....._._..-.....__.-....--_._.$

Other Contractual Expense ....._-....._..__..-._..$

Capital Outlay .-..,,.___...........__._.....__-_.._....___........$

State of Georgia General Obligation

Debt Sinking Fund .....-_..__......__-_..-..._..._.......$

Total Funds Budgeted _........__......._.._....._......_.$

State Funds Budgeted _.__.............__.. .....-..-_. $

Total Positions Budgeted

31,674,560 20,604,337
450,600 --0--
12,184 --0-- --0-- --0-- 900,000 19,876,977
1,200,000 74,718,658 74,718,658
3,546

3. Authorities Budget:
Authority Lease Rentals ._..........__........._....-._..$ State of Georgia General Obligation
Debt Sinking Fund _..._........_..._......_.... - -...-.$ Total Funds Budgeted ......_._._.,,...._.........-.......$ State Funds Budgeted .............._......_.__...-._......$

27,408,889
5,582,775 32,991,664 32,991,664

444

JOURNAL OF THE SENATE,

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases __.._._.___.$ Equipment Purchases --___--.____________________________.$ Capital Outlay ....--___-______.,,_.............................$ Total Funds Budgeted ___.___..____.________________________$ State Funds Budgeted _._.____-__..........,,...,,.___._._.$

2,372,471 1,542,059
437,000 4,351,530 3,800,000

5. Assistance to Counties Budget:
Grants to Counties -__-_.--__.__.____________________________$ Total Funds Budgeted ____-.........__..............,,....$ State Funds Budgeted ..........._.___._.___..__.,,..._..._..$

9,317,013 9,317,013 9,317,013

6. Tollways Facilities Budget:
Personal Services ------_..__,,_,,_._$ Regular Operating Expenses _________.___,,___.___..$ Travel _.___-_____-__-___-_______.__________..._____________________.$ Motor Vehicle Equipment Purchases _,,_..--.$ Publications and Printing --________.___._$ Equipment Purchases ------____,,,,__--_--_-,,,,-----$ Per Diem and Fees ---..------.___.___.._,,....--......--$ Computer Charges ._.,,_.----..........._.,,_.___,,_-___.$ Other Contractual Expense .-.--...--....--__-_--$ Total Funds Budgeted ......._.._____..___..............-.$ State Funds Budgeted ...............,,._________..___.... $ Total Positions Budgeted

132,837 71,639 15,000 --0-- 15,000 --0-- --0-- --0-- --0-- 234,476 234,476
8

7. Administration Budget:

Personal Services ._._._._..$

Regular Operating Expenses .__...........__..___.___.$

Travel ------- ----- $

Motor Vehicle Equipment Purchases -------- $

Publications and Printing __..___.........______..,,......$

Equipment Purchases ------------------$

Per Diem and Fees

.......... 4

Computer Charges ,,_

--

.$

Other Contractual Expense ___..-...._.__._.__.._...-$

Total Funds Budgeted .___......--------_._------.$

State Funds Budgeted ------___,,-------.._..---- $

Total Positions Budgeted

5,723,031.16 2,558,581.00
323,678.00 --0-- 424,475.00 --0--
61,200.00 1,389,863.00
165,200.00 10,646,028.16 10,646,028.16
321

Appropriation of State funds in the foregoing Department of Transportation budgets shall be in con formity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immedi ately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal of ficers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the

FRIDAY, JANUARY 23, 1976

445

Department of Administrative Services in the immedi ately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropri ated herein.

Provided, however, that objects for Activities fi nanced by Motor Fuel Tax including Planning and Con struction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, Tollways Facilities and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.

For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.

For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and sur veys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Of fice of Planning and Budget is hereby authorized and directed-to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Ad ministrative Services and constitutionally appropriated to the Department of Transportation.

For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the "State of Georgia General Obligation Debt Sink ing Fund" for the specific purpose of paying annual debt service requirements on new General Obligation

446

JOURNAL OF THE SENATE,

debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount pro vided in the Budget Report, such excess amount may be used and is herein specifically appropriated to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt in an amount not to exceed $30,000,000 in principal amount to finance a new program for the construction or recon struction of public roads and bridges.

For the appropriation of $8,000,000 for the State of Georgia General Obligation Debt Sinking Fund for annual debt service requirements on General Obligation Debt to finance an amount not to exceed $100,000,000 in principal amount for a new program for advance con struction of interstate highway systems. This appro priation shall be from funds other than the motor fuel tax.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,200,000 is specifically appropriated for a Main tenance and Betterments Resurfacing program through the issuance of not to exceed $12,000,000 in principal amount of General Obligation Debt. This appropriation shall be from funds other than the motor fuel tax.

For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Division of the Department of Adminstrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the request of the Governor or Office of Planning and Budget or the Director of the Department of Trans portation, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

FRIDAY, JANUARY 23, 1976

447

Planning and Construction
General Obligation Bond Debt Service for Advance Construction of the Interstate System ____-........______.___......,,......_.__.___..___._......$ Geodetic Control ......._..__..___._..__...,,..........__.$

8,000,000 380,000

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria tions of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution.

8. Assistance to Municipalities Budget:
Grants to Municipalities _....__..___............._.___.___$ Total Funds Budgeted .__.........._.._... .__.________._..$ State Funds Budgeted __...__._...__..___..._._.__.......-..$

9,317,000 9,317,000 9,317,000

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Provided, further, that the above sums shall be dis tributed and disbursed to the various municipalities on a quarterry basis, such payments to be made on the last day of each quarter.

9. Air Transportation Budget:
Personal Services .._.__..__.........................-........$ Regular Operating Expenses ________.__..___.._________.$ Travel ._.______._.._.,,.............._.._____._____.__.____..______.....$ Motor Vehicle Equipment Purchases _--._--._._.$ Publications and Printing .........-.................-.....$ Equipment Purchases ,,__.................,,.......-.,,..--.$ Per Diem and Fees ___________ _,,__.---$ Computer Charges ...._,,____..______.------------.----$ Other Contractual Expense _,,_--.._______________.____$ Total Funds Budgeted ...,,.,,............_-..............._..$

307,040 305,500 .. 7,000 28,000
500 8,500 1,000 --0-- --0-- 657,540

448

JOURNAL OF THE SENATE,

State Funds Budgeted ....._.._...__......._.,,............_..$ Total Positions Budgeted

432,540 18

10. Inter-Modal Transfer Facilities Budget:
Personal Services ......................... ^ Regular Operating Expenses .....................$ Travel ...................... ^ Motor Vehicle Equipment Purchases ---------$ Publications and Printing ..............................^ Equipment Purchases --.--.--.......,,--.--.._._,,--.$ Per Diem and Fees ..-------...---.......--.--.--.--.$ Computer Charges ------------__----_--_----,,--,,-$ Other Contractual Expense _-......._--..-_,,_-$ Capital Outlay .................................................$ Mass Transit Grants .----,,.-..-...-...-._--_,,.-_-..-.$ Total Funds Budgeted __._,,._,,.-___________.__._____,,_,,$ State Funds Budgeted ..............................J^ Total Positions Budgeted

195,815 17,449 15,000 --0*-- 12,700 5,200 --0-- --0-- 100,000 --0-- 410,000 756,164 756,164
15

11. Harbor Maintenance Budget:
Harbor Maintenance Payments ...._,,,........_.......$ Total Funds Budgeted __..__..___..._.___...._.........,,...$ State Funds Budgeted .....................................$

430,000 430,000 430,000

Budget Unit Object Classes:

Personal Services ___,,____,,_..______.__.__,,_,,__,,_.___.__$ 89,766,251.16

Regular Operating Expenses ___..__..._.___.__._._....$ 28,410,380.00

Travel .........................................$ 2,693,928.00

Motor Vehicle Equipment Purchases __,,___.____$ 2,400,471.00

Publications and Printing ...............................^ 661,925.00

Equipment Purchases _,,________.___________.________________$ 1,695,959.00

Per Diem and Fees ............................................$ 532,200.00

Computer Charges ,,,,.,,_,,..___..______.-_..-...............$ 1,389,863.00

Other Contractual Expense _......_._.-__.____....___.$ 6,641,054.00

Capital Outlay ...................................................^ 210,501,634.11

Mass Transit Grants ...............-.,,-_____..___.___.__..$ 410,000.00

Grants to Municipalities .__.______................_..,,...$ 9,317,000.00

Harbor Maintenance Payments ___.___..__.._......_.$ 430,000.00

Grants to Counties

.....................$ 9,317,013.00

Authority Lease Rentals ___.________._.._._.___.__........$ 27,408,889.00

State of Georgia General

Obligation Debt

Sinking Fund .___.________._____.__.______.___..._.,,.____..$ 14,782,775.00

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.
Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta-

FRIDAY, JANUARY 23, 1976
tion service income as is required to maintain and up grade the quality of its equipment.
Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 12%% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transporta tion is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.
Provided, that the entire amount of the above allo cation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.
Section 41. Department of Veterans Service.
Budget Unit: Department of Veterans Service _._._,,__...__.....,____ ..?

449 6,242,270

1. Veterans Assistance Budget:
Personal Services __-__.-- -__---.-_-- Regular Operating Expenses ____________ Travel ........ _...._.._... Motor Vehicle Equipment Purchases Publications and Printing _...______.__._.. Equipment Purchases _._...___..__ Per Diem and Fees Computer Charges .________......-________.-_-...... Other Contractual Expense _____________ Grants to Confederate Widows ...___---- Total Funds Budgeted ,,. _ State Funds Budgeted ,,_________.._____ Total Positions Budgeted

1,856,864 158,967 65,800 --0--
22,000 7,800 8,800 385
--0--
17,186 2,137,802 1,888,821
171

2. Veterans Home and Nursing FacilityMilledgeville Budget:
Operating Expenses/Payments to Central State Hospital _..._.._._____.....__._
Other Contractual Expense _..__.. Total Funds Budgeted ___________________ State Funds Budgeted __________ ._..__._.....

4,386,565 --0--
4,386,565 3,000,295

3. Veterans Nursing Home-- Augusta Budget:
Operating Expense/Payments to Medical College of Georgia _.......
Other Contractual Expense .........

1,787,454

450

JOURNAL OF THE SENATE,

Total Funds Budgeted State Funds Budgeted

1,737,454 1,353,154

Budget Unit Object Classes:

Personal Services -----..__.....

Regular Operating Expenses ._ _.

Travel ....._.._._._____ .___.__....._.

Motor Vehicle Equipment Purchases

Publications and Printing .._.-...__.

Equipment Purchases .-..._,,_._._.___..__._.

Per Diem and Fees .--._-__.

.......

Computer Charges _........ .......___________

Other Contractual Expense -----_______

Grants to Confederate Widows __.._______.

Operating Expense/Payments to

Central State Hospital _____________________

Operating Expense/Payments to

Medical College of Georgia ___.-.._______

1,856,864 158,967 65,800
22,000 7,800 8,800 385

Provided, that of the above appropriation, $29,520 is designated and committed to furnish and equip nine day rooms in the Cabiness Building at Central State Hospital.

Section 42. Workmen's Compensation Board.
Budget Unit: Workmen's Compensation Board ................. ..^

2,028,687

1. Workmen's Compensation Administration Budget:
Personal Services __........_. ____.___._.__.________..____.__.$ Regular Operating Expenses ___________._____._._____.$ Travel .......................... ..^ Motor Vehicle Equipment Purchases ___-_._____$ Publications and Printing __.._________._._____-__________$ Equipment Purchases -___-_______.__-_--__.___---------.$ Per Diem and Fees ___.____________.______-..__._____--_-__$ Computer Charges _____-__._.____._--___.__._-___-.-___.$ Other Contractual Expense _________________-._._.$ Total Funds Budgeted __..,,-_$ State Funds Budgeted ................. ^ Total Positions Budgeted

1,366,358 223,365 18,000 --0-- 13,000 39,012 82,050 160,000 --0--
1,901,785 1,901,785
93

2. Vocational Rehabilitation Budget:
Personal Services ______.____..____________________----____-.$ Regular Operating Expenses .___,,___,,__.----.,,--$ Travel _-_.-........-..__,,......_.-........_.-_-..__-..---- $ Motor Vehicle Equipment Purchases _.__--.___.$ Publications and Printing __......___..,,..._.._.....,,._.$ Equipment Purchases -_..______----...__..--_--.---$ Per Diem and Fees ...___.._...______-....._.__-..-_.--.....$ Computer Charges ..._.__....,,____..,,...__.__----__.__,,$

103,462 4,400 8,000
--0-- 5,000 6,000
--0-- --0--

FRIDAY, JANUARY 23, 1976

Other Contractual Expense _....___._._.___.........___.$

Total Funds Budgeted --,,-...,,_._..,,$

State Funds Budgeted --

..__._,,,,..$

Total Positions Budgeted

Budget Unit Object Classes:
Personal Services ____--___,,_,,._____.____..... .,,...,,$ Regular Operating Expenses -..-......,,._,----_,,.$ Travel ---_.,,_________,,._,,.___$ Motor Vehicle Equipment Purchases ..,,.__.___.$ Publications and Printing _._.,,_...,,..,,._______..,,.$ Equipment Purchases ---...--.--.___.._.________..,,.....$ Per Diem and Fees ._--....---_..__.___.,,...............__.$ Computer Charges --------------.--....--_______.___.$ Other Contractual Expense ......-...._..______________..$

Section 43. 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. No whole sale distributor of motor fuel shall be entitled to a re fund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.

Section 44. No State appropriations authorized un der this Act shall be used to continue programs currently funded by 100% Federal funds.
Section 45. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is here by appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropri ated for the fiscal year beginning July 1, 1975, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.

451
--0-- 126,902 126,902
10
1,469,820 227,805 26,000 --0-- 18,000 45,012 82,050 160,000 --0--

452

JOURNAL OF THE SENATE,

The General Assembly declares that the sums here by appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.

Section 46. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Gov ernor's recommendations contained in the Budget Report submitted to the General Assembly at the 1976 regular session, except as otherwise specified in this Act; pro vided, however, the Director of the Budget is autho rized 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 fiscal year 1976, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions Committees of the Senate and House of Repre sentatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in viola tion of any amendments properly approved by the Di rector of the Budget. In those cases in which the afore said Budget Report contains no recommendation by the
Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions pro vided hereinbefore for transfers.

Section 47. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1976 submitted to the Georgia General Assembly during its 1976 regular session.
Section 48. The Director of the Budget shall de termine the appropriations contained in this Act to which the Federal Revenue Sharing Funds contemplated

FRIDAY, JANUARY 23, 1976

453

in this Act shall apply. It is the intent of this General Assembly, however, that to the greatest extent feasible, such Federal Revenue Sharing Funds be applied to capital outlay and other items of a nonrecurring nature.

Section 49. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 50. TOTAL APPROPRIATIONS

F.Y. 1976

....

_________..__........... $1,790,000,000.

Section 51. The State Auditor and other fiscal offi cers of the State are hereby authorized and directed to utilize available surplus funds to increase the work ing reserve to $30,000,000 as of June 30, 1976.

Section 52. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 53. All laws and parts of laws in conflict with this Act are hereby repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. Any Part, Section, or Subsection of an Act providing appropriations for the fiscal year 1975-76 known as the "General Ap propriations Act", approved April 25, 1975 (Ga. Laws 1975, p. 1333), as amended by an Act approved July 3, 1975 (Ga. Laws 1975, Ex. Sess., p. 1734), which is inconsistent with this Act is hereby repealed.

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

Senator Broun of the 46th moved that the Senate adopt the Conference Committee Report on HB 1227.

On the adoption of the Conference Committee Report, a roll call was taken, and the vote was as follows:

454

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Poster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Stephens and Sutton.

On the adoption of the Conference Committee Report, the yeas were 54, nays 0, and the Conference Committee Report on HB 1227 was adopted.

Senator Bell of the 5th introduced the doctor of the day, Dr. Robert M. Trent, of Decatur, Georgia.

The following resolution of the House, favorably reported by the committee, was put upon its adoption:

HR 470. By Representatives Felton of the 22nd, Richardson of the 52nd, King of the 96th and others:
A resolution relative to the relocation of the replica of the Liberty Bell located on the State Capitol grounds and the renaming of Georgia Plaza Park.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution was adopted.

The following bills and resolution of the Senate and House, favorably re ported by the committees, were read the third time and put upon their passage:

FRIDAY, JANUARY 23, 1976

455

SB 439. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to clarify the definition of "Rate of Charge"; to change the penalties for violations of the Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stumbaugh Summers . Sutton Thompson Traylor Turner Tysinger Warren Young

Voting in the negative were Senators Ballard and Barnes.

Those not voting were Senators:

Langford Russell

Stephens Tate

Timmons

On the passage of the bill, the yeas were 49, nays 2.

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

SB 441. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Chapter 100-1, relating to State Depositories, as amended, so as to change the frequency of meetings of the State De pository Board from at least once each thirty days to at least once every ninety days; to change certain titles.

456

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of the 6th.

Those not voting were Senators:

Fincher Russell

Stephens

Timmons

On the passage of the bill, the yeas were 51, nays 1.

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

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and with out legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.

Senator Overby of the 49th offered the following amendment:
Amend SB 463 by striking the symbols and figure "$25,000.00" on line 5, Page 1, and inserting in lieu thereof the symbols and figure "$15,000.00".

FRIDAY, JANUARY 23, 1976 "

457

By strking the symbols and figure "$25,000.00" on line 24, Page 1, and inserting in lieu thereof the symbols and figure "$15,000.00".

By striking the symbols and figure "$25,000.00" on line 13, Page 2, and inserting in lieu thereof the symbols and figure "$15,000.00".

By striking the symbols and figure "$25,000.00" on line 16, Page 2, and inserting in lieu thereof the symbols and figure "$15,000.00".

By striking the symbols and figure "$25,000.00" on line 22, Page 2, and inserting in lieu thereof the symbols and figure "$15,000.00".

On the adoption of the amendment, the yeas were 24, nays 14, and the amendment was adopted.

Senator Ballard of the 45th moved that the Senate reconsider its action in adopting the amendment offered by Senator Overby of the 49th.

On the motion, the yeas were 14, nays 23, and the motion was lost.

Senator Garrard of the 37th offered the following amendment:
Amend SB 463 by adding on Page 2,' after line 22, a new Section 1-A, to read as follows:
"That under no conditions shall the borrower be charged dis count points on an origination fee.
That under no conditions shall the borrower be charged a prepayment penalty.
That under no conditions shall a delinquent charge be assessed in excess of an annual rate of 18%."

Senator Garrard of the 37th offered the following amendment:
Amend the amendment offered by Senator Garrard of the 37th to SB 463 by striking on line 2 of the quoted matter, the following: "on" and inserting in lieu thereof the following "nor".

On the adoption of the amendment, the yeas were 24, nays 19, and the amend ment to the amendment offered by Senator Garrard of the 37th was adopted.

On the adoption of the amendment offered by Senator Garrard of the 37th, Senator Garrard of the 37th called for the yeas and nays; the call was sustained, and the vote was as follows:

458

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley Coverdell Dean of 6th Eldridge Garrard

Gillis Hamilton of 26th Howard Hudgins Hudson Langford McDowell McDuffie Pearce Robinson

Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Tysinger

Those voting in the negative were Senators:

Bell Broun of 46th Brown of 47th Carter Dean of 31st Doss Fincher Foster Hamilton of 34th

Holley Holloway Kennedy Kidd
Lester Lewis McGill Overby Reynolds

Riley Summers Timmons Traylor Turner Warren Young

Those not voting were Senators:

Duncan

Hill

Russell

On the adoption of the amendment, the yeas were 28, nays 25, and the amendment was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell Bond
Brantley Broun of 46th Brown of 47th Carter Doss Duncan Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Pearce Reynolds Riley Robinson Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

FRIDAY, JANUARY 23, 1976

459

Those voting in the negative were Senators:

Ballard Barnes Coverdell Dean of 6th

Dean of 31st Eldridge Hudson McDowell

Shapard Starr Stephens Thompson

Those not voting were Senators:

Hill

Russell

On the passage of the bill, the yeas were 42, nays 12.

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

Senator Lester of the 23rd moved that SB 463 be immediately transmitted to the House.

Senator Ballard of the 45th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 463.

Under the rules of the Senate, the notice of motion to reconsider precludes the motion to immediately transmit.

SB 468. By Senators Robinson of the 27th and Starr of the 44th:
A bill to provide for the extradition and attendance of witnesses; to provide for a short title; to provide for definitions; to provide for the summoning of witnesses in this State to testify in another state; to provide for the summoning of witnesses in another state to testify in this State.
The Senate Committee on Judiciary offered the following substitute to SB 468:
A BILL
To be entitled an Act to enact The Uniform Act to Secure the Attendance of Witnesses From Without the State in criminal proceed ings and the uniform rendition of prisoners as witnesses in criminal proceedings, so as to provide for a means for commanding the persons from without the State to appear in criminal proceedings in this State; to provide for a short title; to provide for definitions; to provide for the summoning of witnesses, including prisoners, in this State to testify in another state; to provide for the summoning of witnesses, including prisoners, in another state to testify in this State; to provide for the practices, procedures and costs in connection therewith; to provide for certificates; to provide for hearings; to provide for orders;

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to provide for immunity from arrest and the service of civil and criminal process; to provide for summons; to provide for the taking of witnesses into custody and delivering witnesses to officers; to provide for expenses and mileage allowances; to provide for penalties and punishment; to provide for interpretations; to provide for severability; 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 GEOR GIA:

Section 1. Short title.--The Act shall be known and may be cited as "The Uniform Act to Secure the Attendance of Witnesses From Without the State".

Section 2. Definitions.--As used in this Act: (a) "Witness" in cludes a person whose testimony is desired in any proceeding or investi gation by a grand jury or in a criminal action, prosecution or proceed ing held by the prosecution or the defense, including a person who is confined in a penal institution in any state.

(b) "State" includes any territory of the United States and the District of Columbia.

(c) "Summons" includes a subpoena, order or other notice requiring the appearance of a witness.

(d) "Penal institutions" includes a jail, prison, penitentiary, house of correction, or other place of penal detention.

Section 3. Summoning witness in this State to testify in another state.-- (a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this State certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this State is a material witness in such prosecu tion, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. The witness shall at all times be entitled to counsel.

(b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to

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461

commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

(c) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken in custody and delivered to an officer of the requesting state.

(d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of twelve cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and twenty-five dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.

Section 4. Summoning of a prisoner in this State to testify in another state.-- (a) A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this State, may certify (1) that there is a criminal proceeding or investiga tion by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in this State is a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the Attorney General, the judge in this State shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.

(b) If at the hearing the judge determines (1) that the witness is material and necessary, (2) that his attending and testifying are not adverse to the interests of this State or to the health or legal rights of the witness, (3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and (4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, (a) directing the witness to attend and testify, (b) directing the person having custody of the witness to produce him, in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place

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specified in the order, and (c) prescribing such conditions as the judge shall determine.

(c) The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.

(d) This Section does not apply to any person in this State confined as insane or mentally ill or under sentence of death.

Section 5. Witness from another state summoned to testify in this State.-- (a) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations com menced or about to commence, in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure his attendance in this State. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.

(b) If the witness is summoned to attend and testify in this State he shall be tendered the sum of twelve cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and twenty-five dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in ac cordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this State, fails without good
cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.

Section 6. Prisoner from another state summoned to testify in this State, (a) If a person confined in a penal institution in any other state is a material witness in a criminal action pending in a court of record or in a grand jury investigation in this State, a judge of the court may certify (1) that there is a criminal proceeding or investiga tion by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in the other state is a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be

FRIDAY, JANUARY 23, 1976

463

given to the Attorney General of the state in which the prisoner is confined.

(b) The judge of the court in this State may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.

Section 7. Exemption from arrest and service of process.-- (a) If a person comes into this State in obedience to a summons directing him to attend and testify in this State he shall not while in this State pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.

(b) If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.

Section 8. Uniformity of interpretation.--This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it, and shall be only ap plicable to such state as shall enact reciprocal powers to this State relative to the matter of securing attendance of witnesses as herein provided.
Section 9. Severability.--In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, sub section, sentence, clause or phrase so declared or adjudged invalid or un constitutional were not originally a part hereof. The General Assembly hereby 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 10. Effective date.--This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 11. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the com mittee substitute to SB 468 was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Banks Broun of 46th Foster

Hill Hudgins Russell

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Summers Timmons

On the passage of the bill the yeas were 47, nays 1.

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

SB 470. By Senators Sutton of the 9th and Kidd of the 25th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to Change the provisions relative to penalties for violations of said Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker

Barnes Bell

Brantley Brown of 47th

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465

Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway

Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative was Senator McDowell.

Those not voting were Senators:

Banks Bond Broun of 46th

Foster Hill Hudgins

Russell Summers Timmons

On the passage of the bill, the yeas were 46, nays 1.

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

SR 260. By Senators Lester of the 23rd, Riley of the 1st, Tysinger of the 41st, Howard of the 42nd, Brantley of the 56th and others: A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of each county and municipality, subject to the approval of the electors of such political subdivisions, to exempt certain tangible personal property which is in transit from ad valorem taxation.
Senator Lester of the 23rd moved to postpone action on SR 260 until Monday, February 2.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SR 260 was postponed until Monday, February 2.
HB 214. By Representative Glover of the 32rid: Senate Sponsor: Senator Howard of the 42nd.
A bill to amend an Act which, granted specified powers to municipalities so as to authorize sheriffs and others to serve certain municipal notices, orders and other official documents under certain circumstances.

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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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Garrard Gillis Hamilton of 26th

Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Button Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Banks Broun of 46th Duncan

Foster Hill Hudgins

Russell Summers Timmons

On the passage of the bill, the yeas were 46, nays 1.

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

HB 922. By Representative Russell of the 53rd:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to provide that payment of purchase money or any other con sideration by any person, which causes a right or property in a thing to be transferred to the State, shall not result in nor imply a trust.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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467

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Button Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators :

Banks Broun of 46th Duncan

Foster Hill Hudgins

Russell Summers Timmons

On the passage of the bill, the yeas were 47, nays 0.

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

The following resolutions of the Senate were read and adopted:

SR 295. By Senators Hudgins of the 15th, Pearce of the 16th and Carter of the 14th: A resolution commending Honorable John Simpkins.
SR 297. By Senator Kidd of the 25th: A resolution commending W. J. "Bill" Usery, Jr.
At 12:45 o'clock P.M., the President announced that the Senate would stand in recess until 4:00 o'clock P.M. today.
At 4:00 o'clock P.M., the President called the Senate to order.
Senator Riley of the 1st moved that the Senate adjourn until 10:00 o'clock A.M. on February 2nd, pursuant to the provisions of HR 553, previously adopted; the motion prevailed.
At 4:05 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, February 2.

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Senate Chamber, Atlanta, Georgia Monday, February 2, 1976

The Senate met pursuant to adjournment today at 10:00 o'clock A.M., and was called to order by the President.

Senator Young of the 13th reported that the journal of proceedings of January 23 had been read and found correct.

Senator Ballard of the 45th moved that the Senate reconsider its action of January 23, 1976, in passing the following bill of the Senate:

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and with out legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative were Senators Eldridge and Sutton.

Those not voting were Senators:

Bond Brantley Broun of 46th

Dean of 31st Hudgins Hudson

Riley Tate Young

On the motion, the yeas were 45, nays 2; the motion prevailed, and SB 463 was reconsidered and placed on the Senate Calendar.

MONDAY, FEBRUARY 2, 1976

469

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 88. By Representatives Edwards of the 110th, Noble of the 48th, Harden of the 154th and others:
A bill to prohibit any State board, body, agency, official, institution or other person or associations from discriminating against optometrists licensed under Code Chapter 84-11 for visual care services when the visual care services are within the scope of practice of optometrists licensed under said Chapter.

HB 903. By Representative Daugherty of the 33rd:
A bill to amend Code Title 34. known as the "Georgia Election Code" so as to require a certain affidavit in connection with qualifying for party nomination; to provide that making certain false statements shall constitute the crime of false swearing and to provide for penalties in connection therewith; to amend Code Title 34A, known as the "Ga. Municipal Election Code".

HB 986. By Representative Wood of the 9th:
A bill to amend Code Chapter 56-19, relating to fraternal societies, so as to permit such societies to compute certificate reserves on any table made applicable to life insurance companies.

HB 1299. By Representatives Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, as amended, so as to change the definition of the term "motor carrier".

HB 1352. By Representative Lambert of the 112th:
A bill to amend an Act approved March 27, 1941 (Ga. Laws 1941, p. 361), as amended, so as to provide that the Governor or his designees may enter into reciprocal agreements with other jurisdictions relative to motor vehicles; to repeal conflicting laws.

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HB 1416. By Representatives Hawkins of the 50th, Richardson of the 52nd, Rus sell of the 53rd and Jordan of the 58th:
A bill to amend Code Chapter 34-10, relating to the nomination of can didates, so as to provide that members of certain local boards of education may be elected in nonpartisan elections; to repeal conflicting laws.

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1227. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1975-76, known as the "General Appropriations Act", approved April 25, 1975 (Ga. Laws 1975 p. 1333), as amended by an Act approved July 3, 1975 so as to change certain appropriations for the fiscal year 197576; to make language and other changes.

The House has adopted the following resolution of the Senate:

SR 288. By Senator Doss of the 52nd and 55 other Senators: A resolution welcoming James David "Dave" Bristol.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 542. By Senator Kennedy of the 4th:
A bill to amend an Act fixing the salaries of the judges of the superior courts, as amended, so as to provide that each district attorney shall, after July 1, 1977, be authorized to employ a secretary for each assistant district attorney, as amended. Referred to Committee on Judiciary.

SB 543. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to repeal an Act entitled "An Act to provide that it shall be unlawful for any person to fire or discharge any firearm on Sunday; to provide for exceptions; to provide for a penalty; to repeal a specific law.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 544. By Senators McDowell of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to provide that in certain municipalities, no person shall be em ployed or appointed to any position as the head of any department of the municipal government unless such person has been a resident of the

MONDAY, FEBRUARY 2, 1976

471

municipality or county in which the municipality shall be located for at least twelve months.
Referred to Committee on County and Urban Affairs.

SB 545. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Child Support Recovery Act", so as to redefine "court order for child support"; to redefine "parent"; to provide that the Department of Human Resources may initiate legal proceedings to establish the paternity of a child born out of wedlock for whom services under this Act are sought.
Referred to Committee on Human Resources.

SB 546. By Senator McDowell of the 2nd:
A bill to prohibit discrimination based on age in the creation or operation of public or private retirement systems or pension plans; to provide minimum standards and requirements for public and private retire ment or pension plans or systems. Referred to Committee on Retirement.

SB 547. By Senators Hudgins of the 15th, McDuffie of the 19th and Langford of the 51st:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to require the Insurance Commissioner to review credit insurance rates to determine if such rates meet certain minimum standards, if they comply with the Georgia Insurance Code, if they are reasonable, and if they are adequate but not excessive or unfairly discriminatory.
Referred to Committee on Banking, Finance and Insurance.

SB 548. By Senator Bond of the 39th:
A bill to amend an Act, as amended, which provided an additional method for the annexation of areas contiguous to incorporated municipalities upon certain conditions and under certain circumstances, and for other purposes. Referred to Committee on County and Urban Affairs.

SB 549. By Senator Bond of the 39th:
A bill to amend an Act, as amended, which provided an additional method for the annexation of areas contiguous to incorporated municipal ities upon certain conditions and under certain circumstances. Referred to Committee on County and Urban Affairs.

SB 550. By Senator Garrard of the 37th:
A bill to amend an Act which authorized counties and municipalities to levy and collect certain taxes on certain persons under certain cir cumstances not in excess of $200.00 per year, and all Acts amendatory

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thereof, so as to remove the $200.00 limitation on the amount of any such levy.
Referred to Committee on County and Urban Affairs.

SB 551. By Senator Hamilton of the 34th:
A bill to prohibit the wearing of an official police uniform outside the jurisdiction of the police agency authorizing said uniform except on official police business or to or from the employment of the official. Referred to Committee on Judiciary.

SB 552. By Senator Hamilton of the 34th:
A bill to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", as amended, so as to prohibit the use of uniforms and vehicular colors and markings similar to those in use by existing police agencies of the State of Georgia or any political sub division thereof. Referred to Committee on Judiciary.

SB 553. By Senator Hudson of the 35th:
A bill to repeal an Act authorizing and directing the governing au thorities of all municipalities with populations of 400,000 or more, ac cording to the 1960 or any future Federal Decennial Census, to impose a license fee, not to exceed $100.00 per annum, upon each person who practices astrology for a fee.
Referred to Committee on County and Urban Affairs.

SB 554. By Senator Hudson of the 35th:
A bill to provide that it shall be unlawful for any person to possess a firearm or knife having a blade of three or more inches during the commission of any misdemeanor in which said firearm or knife was used; to provide for the punishment therefor. Referred to Committee on Judiciary.

SB 555. By Senator Hudson of the 35th:
A bill to amend Section 95A-622 of the Code of Georgia of 1933, as amended, which authorized the Department of Transportation to manage real property acquired for public road purposes, so as to provide that all leases of air rights to municipalities shall be for nominal considera tion. Referred to Committee on Transportation.

SB 556. By Senator Stephens of the 36th:
A bill to amend an Act, so as to repeal the language of said Act pro hibiting the operation of billiard tables on Sunday. Referred to Committee on Consumer Affairs.

MONDAY, FEBRUARY 2, 1976

473

SB 557. By Senator Garrard of the 37th:
A bill to amend an Act providing a new Criminal Code by adding a new Section 26-1507, so as to prohibit any person from injuring or interfering with the property of any company, municipality, or political subdivision engaged in the manufacture, sale or distribution of electricity, gas, water, telephone, or other public services. Referred to Committee on Judiciary.

SR 294. By Senators Broun of the 46th, Holley of the 22nd and Overby of the 49th:
A resolution proposing an amendment to the Constitution, so as to create the Revenue Estimate Board and to proivde that the Board shall fix the amount of the total treasury receipts from existing revenue sources anticipated to be collected in the next fiscal year; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

SR 298. By Senators Fincher of the 54th, Riley of the 1st, Lester of the 23rd and others:
A resolution creating the Medicaid Claim Processing Study Committee. Referred to Committee on Human Resources.

SR 299. By Senator Fincher of the 54th:
A resolution creating the Study Committee to develop proposed legisla tion regarding Certification of Need for Health Facilities. Referred to Committee on Human Resources.

The following bills of the House were read the first time and referred to committees:

HB 88. By Representatives Edwards of the 110th, Noble of the 48th, Harden of the 154th and others:
A bill to prohibit any State board, body, agency, official, institution or other person or associations from discriminating against optometrists licensed under Code Chapter 84-11 for visual care services when the visual care services are within the scope of practice of optometrists licensed under said Chapter.
Referred to Committee on Human Resources.

HB 903. By Representative Daugherty of the 33rd:
A bill to amend Code Title 34, known as the "Georgia Election Code" so as to require a certain affidavit in connection with qualifying for party nomination; to provide that making certain false statements shall constitute the crime of false swearing and to provide for penalties

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in connection therewith; to amend Code Title 34A, known as the "Ga. Municipal Election Code".
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 986. By Representative Wood of the 9th:
A bill to amend Code Chapter 56-19, relating to fraternal benefit societies, so as to permit such societies to compute certificate reserves on any table made applicable to life insurance companies. Referred to Committee on Banking, Finance and Insurance.

HB 1299. By Representatives Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, as amended, so as to change the definition of the term "motor carrier". Referred to Committee on Transportation.

HB 1352. By Representative Lambert of the 112th:
A bill to amend an Act approved March 27, 1941 (Ga. Laws 1941, p. 361), as amended, so as to provide that the Governor or his designees may enter into reciprocal agreements with other jurisdictions relative to motor vehicles. Referred to Committeee on Transportation.

HB 1416. By Representatives Hawkins of the 50th, Richardson of the 52nd, Russell of the 53rd and Jordan of the 58th:
A bill to amend Code Chapter 34-10, relating to the nomination of candidates, so as to provide that members of certain local boards of education may be elected in nonpartisan elections. Referred to Committee on County and Urban Affairs.

The following bills of the Senate and House were read the second time:

SB 425. By Senators Starr of the 44th, Riley of the 1st and Holloway of the 12th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, as amended, so as to provide an increase in the retirement bene fits for those who become eligible to receive retirement benefits after a certain date.

SB 456. By Senator Howard of the 42nd:
A bill to amend Code Section 26-2001, relating to rape, so as to delete the provision that no conviction shall be had for rape on the unsupported testimony of the female.

MONDAY, FEBRUARY 2, 1976

475

SB 458. By Senator Howard of the 42nd:
A bill to amend Code Chapter 38-2, relating to the admission of evidence, as amended, so as to make inadmissible certain evidence in a prosecution for rape which relates to past sexual behavior; to provide procedures for determining if such evidence is admissible or inadmissible.

SB 452. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as amended, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Retire ment Fund of Georgia.

HB 783. By Representative Greer of the 43rd:
A bill to amend Section 92-3216, of the Code of Georgia of 1933, as amended by Ga. Laws 1971, p. 819, and Ga. Laws 1973, p. 568, relating to the secrecy required of officials of the Dept. of Revenue with regard to the amount of income or any other particulars set forth or disclosed in any report or return required under the Income Tax Act of 1931.

The following reports of standing committees were read by the Secretary:

Senator Stephens of the 36th District, Chairman of the Committee on Con sumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs has had under consideration the follow ing bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 501. Do pass. SB 159. Do not pass.
Respectfully submitted, Senator Stephens of the 36th District, Chairman

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following resolution of the House and has

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instructed me, as Chairman, to report the same back to the Senate with the follow ing recommendations:
HR 493. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Senator Doss of the 52nd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. President:
Your Committee on Higher Education has had under consideration the follow ing bills and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 486. Do pass. SB 537. Do pass. SR 287. Do pass.
Respectfully submitted, Senator Doss of the 52nd District, Chairman

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under considera tion the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 71. Do pass.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 85. Do pass.

MONDAY, FEBRUARY 2, 1976

477

SB 472. Do pass by substitute. SB 411. Do pass by substitute.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 122. Do not pass. SB 257. Do not pass. SB 301. Do not pass. SB 340. Do not pass. SB 433. Do pass. SB 444. Do pass. SB 446. Do not pass. SB 447. Do pass by substitute. SB 448. Do pass. SB 499. Do pass. SB 503. Do pass. HR 465. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Gillis of the 20th District, Chairman of the Committee on Natural Resources & Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources & Environmental Quality has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 522. Do pass. SB 523. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

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Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. President:

Your Committee on Retirement has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 449. Do pass by substitute.
SB 451. Do pass by substitute.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those not answering were Senators:

Bond Coverdell Dean of 6th

Reynolds Riley

Tate Young

Senator Brown of the 47th introduced the chaplain of the day, Rev. Marshall Smith, pastor of the Bio Baptist Church, Hartwell, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:

MONDAY, FEBRUARY 2, 1976

479

SR 296. By Senator Hudgins of the 15th:
A resolution commending Southern Bell Telephone and Telegraph Company in its efforts to save the Fox Theater building.

SR 300. By Senator Lewis of the 21st: A resolution commending Mr. George B. Jones.

SR 301. By Senators Lewis of the 21st, Gillis of the 20th and Kennedy of the 4th:
A resolution expressing regrets at the passing of the Honorable Herman G. Yeomans.

SR 302. By Senator Kidd of the 25th: A resolution commending Honorable Spencer W. Kimball.

SENATE CALENDAR Monday, February 2, 1976
SR 260. Certain Tangible Personal Property in Transit--tax exemption SB 413. Registered Motor Vehicle--prohibit revealing name and address
(SUB) SB 429. Teachers, Principals--receiving those indicted criminally (AM) SB 445. Corporal Punishment in Schools--circumstances SB 464. Limitations of Actions for Medical Malpractice--new Code SB 465. Arbitration of Malpractice Claims--new Code chapter SR 272. Portion of Highway 41 and 341--"Peach Blossom Trail" HB 542. Unclaimed Property Act--time to presume abandoned (SUB) HB 1259. Trade Mark Owners--repeal Act protecting HR 307. Highway 1-365--designating as "Lanier Land Parkway"

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 413. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 68-205, relating to the registration of motor vehicles and applications therefor, as amended, so as to prohibit

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the State Revenue Commissioner and officials and employees of the State Revenue Department from revealing the names and addresses of persons who have registered motor vehicles, except under certain cir cumstances.

Senator Stumbaugh of the 55th moved that SB 413 be committed to the Com mittee on Transportation.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 413 was committed to the Committee on Transportation.

Senator Starr of the 44th moved that the following bill of the Senate be com mitted to the Committee on Judiciary:

SB 85. By Senator Starr of the 44th:
A bill to amend an Act known as the Georgia Administrative Procedure Act, as amended, so as to provide that an aggrieved party may appeal from an initial decision of an agency representative where agency review of the initial decision would not provide an adequate remedy or is un lawful.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 85 was committed to the Committee on Judiciary.

The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 429. By Senator Kidd of the 25th:
A bill to amend an Act defining the grounds for termination of the contracts of teachers, principals and other employees having a contract for a definite term, so as to provide that certain teachers, principals or other employees who are indicted or charged with the commission of certain criminal offenses shall be relieved from duty for certain periods of time.

The Senate Committee on Education offered the following amendment:
Amend SB 429 by inserting on Page 1, line 26, the words "with pay" after the word "duty".

On the adoption of the amendment, the yeas were 41, nays 0, and the com mittee amendment to SB 429 was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to-

MONDAY, FEBRUARY 2, 1976

481

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

McDuffie McGill Pearce Reynolds Robinson Shapard Starr Stephens Stumbaugh Summers Thompson Traylor Turner Tysinger Warren

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Duncan Garrard Hill Holloway (presiding)

Overby Riley Russell

Tate Timmons Young

On the passage of the bill, the yeas were 45, nays 1.

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

SB 445. By Senator Barnes of the 33rd:
A bill to provide the circumstances under which any principal or teacher in any public school system in this State may administer corporal punishment; to provide the procedures connected therewith; to repeal an Act relating to corporal punishment.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes

Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th

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JOURNAL OF THE SENATE,

Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan

Holloway (presiding)

Riley

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the required constitutional majority, was passed.

SR 272. By Senators Barker of the 18th, Banks of the 17th, Starr of the 44th and others:
A resolution designating a portion of U. S. Highway 41 and a portion of U. S. Highway 341 as the "Peach Blossom Trail".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester

Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers

MONDAY, FEBRUARY 2, 1976

483

Sutton Tate Thompson

Timmons Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Duncan

Holley Holloway (presiding)

Riley

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and with out legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.

Senator Lester of the 23rd moved that SB 463 be committed to the Committee on Banking, Finance and Insurance.

On the motion, the yeas were 32, nays 1; the motion prevailed, and SB 463 was committed to the Committee on Banking, Finance and Insurance.

HB 542. By Representatives Egan of the 25th, Sams of the 90th, Snow of the 1st and others: Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend an Act known as the "Disposition of Unclaimed Property Act" so as to change the period of time after which certain property shall be presumed abandoned.
The Senate Committee on Judiciary offered the following substitute to HB 542:
A BILL
To be entitled an Act to amend an Act known as the "Disposition of Unclaimed Property Act", approved April 3, 1972 (Ga. Laws 1972, p. 762), so as to change the period of time after which certain property shall be presumed abandoned; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OF THE SENATE,

Section 1. An Act known as the "Disposition of Unclaimed Property Act", approved April 3, 1972 (Ga. Laws 1972, p. 762), is hereby amended by striking in Section 6 the following:
"fifteen years",

and substituting in lieu thereof, the following: "seven years",

so that when so amended, Section 6 shall read as follows:
"Section 6. Undistributed Dividends and Distributions of Business Associations. Any stock or other certificate of ownership, or any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to a shareholder, certificate holder, member, bondholder, or other security holder, or a participating patron of a cooperative, who has not claim ed it, or corresponded in writing with the business association con cerning it, within seven years after the date prescribed for payment or delivery is presumed abandoned if:

(a) It is held or owing by a business association organized under the laws of or created in this State; or

(b) It is held or owing by a business association doing business in this State, but not organized under the laws of or created in this State, and the records of the business association indicate that the last known address of the person entitled thereto is in this State."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the committee substitute to HB 542 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins

MONDAY, FEBRUARY 2, 1976

485

Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Hill

Holloway (presiding) McDowell

Riley Thompsoi

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Bond of the 39th introduced the doctor of the day, Dr. Ernest Jones.

The following resolution of the Senate was read and adopted:

SR 304. By Senators Pearce of the 16th, Barker of the 18th, McGill of the 24th and others:
A resolution commending Senator Ployd Hudgins.

The following bill and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1259. By Representative Egan of the 25th: Senator Sponsor: Senator Barnes of the 33rd. A bill to repeal an Act entitled "An Act to protect trade-mark owners, producers, distributors and the general public against injurious and un economic practices in the distribution of competitive commodities bear ing a distinguishing trade-mark, brand or name, through the use of voluntary contracts establishing minimum resale prices."
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

486

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Banks Bond Duncan Hill

Holloway (presiding) Hudgins Hudson

Pearce Riley Young

On the passage of the bill, the yeas were 46, nays 0.

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

HR 307. By Representatives Whitmire, Wood and Jackson of the 9th: Senate Sponsor: Senator Overby of the 49th.
A resolution designating Interstate Highway 365 (1-365) as the "Lanier Land Parkway".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

MONDAY, FEBRUARY 2, 1976

487

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Bond

Duncan Fincher

Holloway (presiding) Riley

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following communication from His Excellency, Governor George Busbee, was read by the Secretary:

OFFICE OF GOVERNOR
Atlanta, Georgia 30334
February 2, 1976
Honorable Zell Miller Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lt. Gov. Miller and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
Honorable Bert C. Blackstock of Upson County as a member of the Advisory Council to the Department of Administrative Services, Pur chasing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor.
Honorable John P. Dillard of Rabun County as a member of the Advisory Council to the Department of Administrative Services, Pur chasing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor.

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JOURNAL OF THE SENATE,

Honorable Wendell P. Holmes of Glynn County as a member of the Advisory Council to the Department of Administrative Services, Pur chasing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor.

Honorable Bobby Joe Womack of Bartow County as a member of the Advisory Council to the Department of Administrative Services, Pur chasing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor.

Honorable Edward Enous of Fulton County as a member of the Advisory Council to the Department of Administrative Services, Pur chasing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor.

Honorable N. A. Jacobs, Jr. of Hall County as a member of the State Board for Examination, Qualification and Registration of Architects for the term of office beginning August 19, 1975, and ending March 5, 1980.

Honorable Joe Ellis of Hall County as a member of the Georgia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1976.

Honorable Roy H. Holland of Laurens County as a member of the the Georgia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1977.

Honorable Ben G. Hudson, Jr. of Bibb County as a member of the Georgia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1978.

Honorable John L. Gross of Floyd County as a member of the Geor gia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1979.

Honorable Lynn Dempsey of Floyd County as a member of the Georgia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1980.

Dr. Eugene E. Sparlin of Fulton County as a member of the Geor gia Board of Chiropractic Examiners for the term of office beginning October 2, 1975, and ending August 20, 1977.

Dr. Deane Mink of Lowndes County as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning Octo ber 2, 1975, and ending August 20, 1978.

Honorable Hobby Stripling of Dooly County as a member of the State Commission on Compensation for the term of office beginning Octo ber 2, 1975, and ending May 11, 1979.

MONDAY, FEBRUARY 2, 1976

489

Honorable Jim Wood of Clayton County as a member of the State Commission on Compensation for the term of office beginning October 2, 1975, and ending May 11, 1979.

Honorable James H. Blanchard of Muscogee County as a member of the State Commission on Compensation for the term of office begin ning October 2, 1975, and ending May 11, 1979.

Honorable Edward M. Mclntyre of Richmond County as a member of the State Commission on Compensation for the term of office begin ning October 2, 1975, and ending May 11, 1979.

Honorable John Aderhold of Fulton County as a member of the Georgia Correctional Industries Administration for the term of office beginning August 4, 1975, and ending June 30, 1979.

Honorable William H. Wiseman of Richmond County as a member of the Georgia Correctional Industries Administration for the term of office beginning August 4, 1975, and ending June 30, 1979.

Honorable Tim Ryles of DeKalb County as Administrator of the Fair Business Practices Act of 1975 for a term beginning July 7, 1975, and serving at the pleasure of the Governor.

Honorable Ronald E. Ginsberg of Chatham County as a member of the Consumer Advisory Board for the term of office beginning Decem ber 10, 1975, and ending December 10, 1978".

Honorable James F. Echols of Tift County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1977.

Honorable John A. Daniel of Marion County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1978.

Honorable Harry W. Pettigrew of DeKalb County as a member of the Consumer Advisory Board for the term of office beginning Decem ber 10, 1975, and ending December 10, 1979.

Honorable A. Gordon Oliver of Fulton County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1977.

Honorable Charles E. Campbell of Fayette County as a member of the Consumer Advisory Board for the term of office beginning Decem ber 10, 1975, and ending December 10, 1978.

Ms. Betty C. Godwin of Cobb County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1978.

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JOURNAL OF THE SENATE,

Honorable Richard W. Davidson of White County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1977.

Mrs. Bernice Turner of Bibb County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979.

Honorable T. J. Foss of Richmond County as a member of the Con sumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979.

Honorable James M. Bell of Gwinnett County as a member of the Consumer Advisory Board for the term of office beginning December 10,1975, and ending December 10, 1979.

Honorable J. A. Crockett of Toombs County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979.

Honorable Willie E. Lockette of Crisp County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979.

Dr. Sue Phelps of Whitfield County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979.

Honorable Dan P. Young of Fulton County as a member of the Con sumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1977.

Honorable Joseph C. Underwood of Montgomery County as a mem ber of the State Board of Corrections and Board of Offender Rehabilita tion for the term of office beginning January 8, 1976, and ending Novem ber 27, 1978.

Honorable Jack T. Rutledge of Muscogee County as a member of the State Board of Corrections and Board of Offender Rehabilitation for the term of office beginning January 8, 1976, and ending November 27, 1980.

Mrs. Edna K. West of DeKalb County as a member of the Georgia State Board of Cosmetology for the term of office beginning December 10, 1975 and ending May 1, 1978.

Dr. Richard B. Ross of Troup County as a member of the Board of Dental Examiners of Georgia for the term of office beginning September 18, 1975, and ending August 1, 1980.

Honorable Oscar N. Persons of Fulton County as a member of the State Elections Board for the term of office beginning January 22, 1976, and ending May 8, 1976.

MONDAY, FEBRUARY 2, 1976

491

Mrs. Clayton H. Farnham of Fulton County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1980.
Mrs. Roy Frangiamore of Fulton County as a member of the Execu tive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1978.

Mrs. James B. Gilbert of Glynn County as a member of the Execu tive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1976.

Honorable Henry D. Green of Glynn County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1980.

Honorable Holcombe T. Green of Fulton County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1976.

Mrs. William W. Griffin of Fulton County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1980.

Mrs. Eugene A. Medori, Jr. of DeKalb County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1978.

Dr. Hubert B. Owens of Clarke County as a member of the Executive Center Fine Arts Committee foi the term of office beginning August 8, 1975, and ending August 8, 1976.

Honorable Gudmund Vigtel of Fulton County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1978.

Honorable Archie E. Patterson of Clarke County as a member of the State Board of Registration for Foresters for the term of office begin ning September 18, 1975, and ending July 1, 1980.

Honorable Jack M. Hall of Colquitt County as a member of the State Board of Registration for Foresters for the term of office beginning September 18, 1975, and ending March 19, 1979.

Honorable J. Gary Curry of Emanuel County as a member of the Georgia State Board of Funeral Service for the term of office beginning July 18, 1975, and ending February 13, 1979.

Honorable Frank M. Bird, Jr. of Fulton County as a member of the Health Laws Study Committee for the term of office beginning Septem ber 18, 1975, and serving as provided by law.

492

JOURNAL OF THE SENATE,

Honorable Richard V. Gadd of DeKalb County as a member of the Health Laws Study Committee for the term of office beginning Septem ber 18, 1975, and serving as provided by law.

Dr. Otis T. Hammonds of Fulton County as a member of the Health Laws Study Committee for the term of office beginning September 18, 1975, and serving as provided by law.

Dr. James A. Kaufmann of Cobb County as a member of the Health Laws Study Committee for the term of office beginning September 18, 1975, and serving as provided by law.

Dr. Howard R. Cramer of DeKalb County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24, 1979.

Honorable James W. Erwin of DeKalb County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24, 1977.

Honorable Charles R. Livingston of DeKalb County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24, 1978.

Honorable John M. Smith of Baldwin County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24, 1980.

Honorable James B. Talley of Cobb County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24, 1976.

Dr. Daniel F. Ward of Richmond County as a member of the Board of Human Resources for the term of office beginning October 17, 1975, and ending April 6, 1980.

Honorable William E. Beery of Clarke County as a member of the Georgia State Board of Landscape Architects for the term of office beginning August 4, 1975, and ending April 1, 1979.

Honorable William A. Spooner of Gwinnett County as a member of
the Georgia State Board of Landscape Architects for the term of office beginning August 4, 1975, and ending April 1, 1977.

Dr. Frank M. Houser, Jr. of Whitfield County as a member of the Council on Maternal and Infant Health for the term of office beginning September 18, 1975, and ending July 18, 1976.

Mrs. Larry C. White of DeKalb County as a member of the Council on Maternal and Infant Health for the term of office beginning Septem ber 18, 1975, and ending July 18, 1976.

MONDAY, FEBRUARY 2, 1976

493

Dr. Joseph Morrison of Chatham County as a member of the Council on Maternal and Infant Health for the term of office beginning October 17, 1975, and ending July 1, 1978.

Honorable Seth L. Knight, Jr. of Floyd County as a member of the Georgia Motor Vehicle Commission for the term of office beginning September 18, 1975, and ending May 24, 1978.

Honorable Durward M. Jones of Habersham County as a member of the Georgia Motor Vehicle Commission for the term of office beginning September 18, 1975, and ending May 24, 1978.

Honorable Raymond W. Lucia of DeKalb County as a member of the Georgia Motor Vehicle Commission for the term of office beginning September 18, 1975, and ending- May 24, 1978.

Honorable Sam Gofer of Glynn County as a member of the Board of Natural Resources for the term of office beginning July 24, 1975, and ending January 1, 1976.

Honorable W. Kenneth Carithers of Clayton County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning September 18, 1975, and ending June 4, 1977.

Honorable E. C. Nelson of Jones County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning September 18, 1975, and ending June 4, 1978.

Honorable Ben E. Crawford of Gordon County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning September 18, 1975, and ending June 4, 1978.

Dr. William W. Cuthbertson of Habersham County as a member of the Georgia State Board of Examiners in Optometry for the term of office beginning January 5, 1976, and ending September 6, 1978.

Honorable Floyd E. Busbee, Sr. of Bibb County as a member of the State Board of Pardons and Paroles for the term of office beginning July 17, 1975, to serve ad interim due to the incapacity of Joseph G. Maddox.

Honorable Floyd E. Busbee, Sr. of Bibb County as a member of the State Board of Pardons and Paroles for the term of office beginning January 1, 1976, and ending January 1, 1983.

Honorable Charles E. Storm of DeKalb County as Acting State Commissioner of Personnel Administration for the term of office beginning December 1, 1975, and serving at the pleasure of the Governor.

Honorable I. Pete Mills, Jr. of Jenkins County as a member of the Georgia State Board of Pharmacy for the term of office beginning January 13, 1976, and ending November 1, 1980.

494

JOURNAL OF THE SENATE,

Honorable L. P. Greer, Jr. of Stephens County as a member of the Georgia Ports Authority for the term of office beginning July 24, 1975, and ending June 30,1979.

Honorable J. Lane Johnston of Bulloch County as a member of the Board of Public Safety for the term of office beginning January 22, 1976, and ending January 20, 1979.

Ms. Marcia M. Arnold of Lowndes County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning September 18, 1975, and ending June 24, 1978.

Dr. Winfred Harris of Fulton County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning September 18, 1975, and ending June 24, 1978.

Ms. Marcia Mason of Cobb County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning September 18, 1975, and ending June 24, 1977.

Dr. Lawrence L. Durisch, Jr. of Hall County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning September 18, 1975, and ending June 24, 1977.

Honorable Erwin A. Friedman of Chatham County as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 8, 1976, and ending January 1, 1983.

Honorable Rufus B. Coody of Dooly County as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 8, 1976, and ending January 1, 1983.

Honorable Emmett W. Gore, Jr. of Bibb County as a member of the State Board of Veterans Service for the term of office beginning August 6, 1975, and ending April 1, 1982.

Dr. Horace G. Blalock, Jr. of Richmond County as a member of the Board of Veterinary Medicine for the term of office beginning December 12, 1975, and ending September 16, 1980.

The following named persons as members of the Commission on the Status of Women for terms beginning October 2, 1975, and serving at the pleasure of the Governor: Elaine Alexander, Fulton County; Mary Averyt, Muscogee County (resigned December 9, 1975) ; Janet Barker, Houston County; Dee W. Bryant, Muscogee County; Angel Cobb, Bibb County; Mary Dean Davis, Fulton County; Gail Feingold, Mitchell County; Berta Freidman, Chatham County; Eleanor Granum, Houston County; Janet Green, Clarke County; Janet Griffin, Dougherty County; McCree Harris, Dougherty County; Marion Mayo, Grady County; Mary McKinney, Richmond County; Joy Moon, Lowndes County (resigned, December 9, 1975) ; Mrs. J. Tom Morgan, Jr., Muscogee County; Connie
Schlak, Gwinnett County; Mary Alice Shipp, Telfair County; Rosa Stanback, Muscogee County; Mary Jane Stinson, Chatham County; Mamie K. Taylor, DeKalb County; Alice Tomme, Clayton County.

MONDAY, FEBRUARY 2, 1976

495

The following named persons as members of the Commission on the Status of Women for terms beginning October 15, 1975, and serving at the pleasure of the Governor: Dorothy Bolden, Fulton County; and Sharon Adams-Hackett, DeKalb County.

Honorable Don L. Knowles of Henry County as a member of the State Board of Workmen's Compensation for the term of office beginning January 21, 1976, and ending January 12, 1980.

Sincerely, /s/ George Busbee

Senator Starr of the 44th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow.

At 11:30 o'clock A.M., Senator Holloway of the 12th, President Pro Tempore, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 3, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President Pro Tempore, Senator Holloway of the 12th.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 659. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A bill to provide for the management of the utilization of certain types of real property by the various agencies of the executive branch of the State government; to provide for a short title; to provide for certain powers and duties of the Department of Administrative Services and for the Commissioner of said Department.

HB 1269. By Representatives Tolbert, Davis and Floyd of the 56th and others:
A bill to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974, as amended, so as to provide for the recitation of the Pledge of Allegiance to the flag of the United States of America by students in the public schools of the State of Georgia.

HB 1291. By Representatives Beck of the 148th, Long of the 142nd, Reaves of the 147th and others:
A bill to provide that pecans falling from trees grown on private property onto public road, street or highway rights-of-way shall be the property of the owner of such trees during the harvesting season.

HB 1301. By Representatives Pinkston of the 100th and Shanahan of the 7th:
A bill to amend Code Section 41A-1401, relating to powers of a trust' company to act as fiduciary and in other representative capacities, so as to provide that every bank, building and loan association, and credit union operating pursuant to the provisions of the Financial Institutions

TUESDAY, FEBRUARY 3, 1976

497

Code of Georgia shall possess all of the rights, privileges, powers and responsibilities conferred upon trust companies.

HB 1304. By Representative Pinkston of the 100th:
A bill to amend Code Section 41A-1305 relating to acceptances, so as to change the time within which the acceptance of drafts shall be permitted; to provide an effective date.

HB 1316. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Section 41A-3307, relating to the licensing and permissible activities of international banking corporations, so as to encourage international banking corporations to make loans in this State.

HB 1320. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Chapter 27-7, relating to indictments, presentments and accusations in general so as to provide that two or more offenses may be charged in the same indictment or accusation in certain circum stances; to provide for relief from prejudicial joinder.

HB 1337. By Representatives Castleberry of the lllth, Ware of the 68th, McCollum of the 134th and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Re parations Act" so as to provide that in cases in which a person is con victed of knowingly operating or knowingly authorizing another to operate, a motor vehicle without effective insurance thereon, the Department of Public Safety shall send a notification to such person that the Department has been informed of the fact of such conviction.

HB 1339. By Representatives Smith of the 42nd, Smith of the 78th, Coleman of the 118th and Hutchinson of the 133rd:
A bill to amend an Act permitting drivers' licenses to be deposited as bail on arrest for certain traffic laws, except those in which a license may be suspended by the Commissioner of Public Safety for a first offense.

HB 1402. By Representatives Smith of the 78th and Hutchinson of the 133rd:
A bill to provide for the issuance of consular corps license plates free of charge; to provide for a short title; to provide for the year in which issuance of such plates shall begin; to repeal conflicting laws.

HB 1403. By Representatives Smith of the 78th and Hutchinson of the 133rd:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961, as amended, so as to change the provisions relative to bonds; to repeal conflicting laws.

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JOURNAL OF THE SENATE,

HB 1433. By Representatives Irvin of the 23rd, Nix of the 20th, Karrh of the 106th and others:
A bill to amend Code Section 29-407 relating to recording deeds, mort gages, bonds for title or other registrable instruments in one county when the execution is before an officer of another county without juris diction, so as to provide for a definition.

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

SB 162. By Senators Fincher of the 54th and McDowell of the 2nd:
A bill to amend an Act, as amended, creating the Board of Examiners of Practical Nurses and regulating the practice of practical nursing, so as to delete the requirement that an applicant submit evidence of United States citizenship to the Board of Examiners of Practical Nurses.

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

SB 198. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Code Chapter 26-18, relating to theft, as amended, so as to change the penalty provisions relative to theft of services; to provide that any person breaking and entering an automobile with the intent to commit a theft or a felony shall be guilty of a felony.

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

HB 1004. By Representative Matthews of the 145th:
A bill to provide a new charter for the City of Norman Park, Georgia, in the County of Colquitt.

HB 1092. By Representative Collins of the 144th:
A bill to provide a new charter for the City of Baconton, Georgia, in the County of Mitchell.

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

HR 503. By Representatives Jones of the 126th, Chance of the 129th, Taggart of the 125th and others:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia to grant and convey to Georgia Pacific Corp., a Georgia Corporation, its successors and assigns, an easement

TUESDAY, FEBRUARY 3, 1976

499

over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia.

HR 540. By Representatives Jones of the 126th, Chance of the 129th, Triplett of the 128th and others:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Pierpont-Corbett Box Company, Inc., a Georgia corporation, its successors and assigns, an irrevocable easement for a term of years over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 558. By Senators Garrard of the 37th:
A bill to amend an Act which provides for minimum standards for certain detention facilities within this State, so as to provide for inspections of such detention facilities; to establish levels of sanitation which must be maintained; to delineate the means of enforcing the provisions of the Act. Referred to Committee on Offender Rehabilitation.

SB 559. By Senator Pearce of the 16th:
A bill to amend an Act providing for the fixing of support to be paid by the father of minor children where a final divorce decree contains no provisions governing the same and custody of such children is awarded to a third party or to the mother subsequently to the divorce decree. Referred to Committee on Judiciary.

SB 560. By Senator Kidd of the 25th:
A bill to' require State agencies to notify the Fiscal Division of the Department of Administrative Services upon acquiring the services of a consultant; to define certain terms; to require certain information to be included in notification statements; to provide for reports. Referred to Committee on Appropriations.

SB 561. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to provide that it shall be the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to provide or assist in providing for the support of his or her needy parents; to provide definitions.
Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE,

SB 562. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Section 88-204, relating to the powers of county boards of health, as amended, so as to authorize county boards of health to make contracts and establish fees for the purpose of providing mental and other public health services; to provide no person shall be denied services on the basis of inability to pay.
Referred to Committee on Human Resources.

SB 563. By Senator Traylor of the 3rd:
A bill to amend an Act, so as to provide an expense and travel allowance to Advisory Council members under certain circumstances. Referred to Committee on Appropriations.

SB 564. By Senator McGill of the 24th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to exclude certain vehicles ten or more years old from the operation of the Act. Referred to Committee on Transportation.

SR 303. By Senators Russell of the 10th, Turner of the 8th and Timmons of the llth:
A resolution creating the Senate Agricultural Research Study Com mittee. Referred to Committee on Agriculture.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 659. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A bill to provide for the management of the utilization of certain types of real property by the various agencies of the executive branch of the State government; to provide for a short title ("State Buildings Man agement Act of 1975") ; to provide for certain powers and duties of the Department of Administrative Services and for the Commissioner of said Department. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
HB 1269. By Representatives Tolbert, Davis and Ployd of the 56th and others:
A bill to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974, as amended, so as to provide for the recitation of the Pledge of Allegiance to the flag of the United States of America by students in the public schools of the State of Georgia. Referred to Committee on Education.

TUESDAY, FEBRUARY 3, 1976

501

HB 1291. By Representatives Beck of the 148th, Long of the 142nd, Reaves of the 147th and others:
A bill to provide that pecans falling from trees grown on private prop erty onto public road, street or highway rights-of-way shall be the prop erty of the owner of such trees during the harvesting season. Referred to Committee on Agriculture.

HB 1301. By Representatives Pinkston of the 100th and Shanahan of the 7th:
A bill to amend Code Section 41A-1401, relating to powers of a trust company to act as fiduciary and in other representative capacities, so as to provide that every bank, building and loan association, and credit union operating pursuant to the provisions of the Financial Institutions Code of Georgia shall possess all of the rights, privileges, powers and respon sibilities conferred upon trust companies.
Referred to Committee on Banking, Finance and Insurance.

HB 1304. By Representative Pinkston of the 100th:
A bill to amend Code Section 41A-1305 relating to acceptances, so as to change the time within which the acceptance of drafts shall be per mitted; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

HB 1316. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Section 41A-3307, relating to the licensing and permissible activities of international banking corporations, so as to encourage international banking corporations to make loans in this State. Referred to Committee on Banking Finance and Insurance.

HB 1320. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Chapter 27-7, relating to indictments, present ments and accusations in general so as to provide that two or more offenses may be charged in the same indictment or accusation in certain circumstances; to provide for relief from prejudicial joinder. Referred to Committee on Judiciary.

HB 1337. By Representatives Castleberry of the lllth, Ware of the 68th, McCollum of the 134th and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide that in cases in which a person is convicted of knowingly operating or knowingly authorizing another to operate, a motor vehicle without effective insurance thereon, the Department of Public Safety shall send a notification to such person that the Department has been informed of the fact of such conviction. Referred to Committee on Banking, Finance and Insurance.

502

JOURNAL OF THE SENATE,

HB 1339. By Representatives Smith of the 42nd, Smith of the 78th, Coleman of the 118th and others:
A bill to amend an Act permitting drivers' licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 so as to allow the use of drivers' licenses as bail in arrests for violation of certain traffic laws, except those in which a license may be suspended by the Commissioner of Public Safety for a first offense.
Referred to Committee on Transportation.

HB 1402. By Representatives Smith of the 78th and Hutchinson of the 133rd:
A bill to provide for the issuance of consular corps license plates free of charge; to provide for a short title; to provide for the year in which issuance of such plates shall begin. Referred to Committee on Transportation.

HB 1403. By Representatives Smith of the 78th and Hutchinson of the 133rd:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, so as to change the provisions relative to bonds. Referred to Committee on Transportation.

HB 1433. By Representatives Irvin of the 23rd, Nix of the 20th, Karrh of the 106th and others:
A bill to amend Code Section 29-407 relating to recording deeds, mort gages, bonds for title or other registrable instruments in one county when the execution is before an officer of another county without juris diction, so as to provide for a definition. Referred to Committee on Judiciary.

HR 503. By Representatives Jones of the 126th, Chance of the 129th, Taggart of the 125th and others:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia to grant and convey to Georgia Pacific Corp., a Georgia corporation, its successors and assigns, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia.
Referred to Committee on Public Utilities.

HR 540. By Representatives Jones of the 126th, Chance of the 129th, Triplett of the 128th and others:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Pierpont-Corbett Box Company, Inc., a Georgia corporation, its successors and assigns, an irrevocable easement for a term of years over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia.
Referred to Committee on Public Utilities.

TUESDAY, FEBRUARY 3, 1976

503

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under considera tion the following bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 436. Do pass. SB 462. Do pass. SB 478. Do pass. SB 533. Do pass. SR 283. Do pass. SR 284. Do pass.
Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bills and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 454. Do pass as amended. SB 473. Do pass. SB 481. Do pass. SB 498. Do pass. SB 525. Do pass. SB 536. Do pass. SB 543. Do pass. SR 252. Do pass as amended.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

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JOURNAL OP THE SENATE,

Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:

Mr. President:

Your Committee on Education has had under consideration the following bills and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 443. Do pass. SB 483. Do pass as amended. SR 256. Do pass.

Respectfully submitted, Senator Carter of the 14th District, Chairman

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the follow ing bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 208. Do pass by substitute. SB 532. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 276. Do pass.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:

TUESDAY, FEBRUARY 3, 1976

505

Mr. President:
Your Committee on Transportation has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 510. Do pass. HB 1299. Do pass. HB 1352. Do pass.

Respectfully submitted. Senator Reynolds of the 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 411. By Senator Howard of the 42nd: A bill to amend Code Title 61, relating to landlords and tenants, so as to change the provisions relating to proceedings against tenants holding over; to provide that landlords shall be authorized to petition for writ of possession and to provide for execution thereof; to provide for practices and procedures in connection therewith; to provide for costs.
SB 433. By Senator Langford of the 51st: A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to change the definition of the term "peace officer".
SB 444. By Senator Langford of the 51st: A bill to add one additional judge of the superior courts of the Cherokee Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.
SB 447. By Senator Barnes of the 33rd: A bill to amend Code Section 30-105, as amended, so as to require divorce petitions to show the social security number of the plaintiff and defendant.
SB 448. By Senator Barnes of the 33rd: A bill to amend Code Chapter 105-2, relating to negligence, so as to provide presumptions as to the exercise of due care by minors.

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JOURNAL OF THE SENATE,

SB 449. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change certain provisions relative to interest.

SB 451. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to provide for the retirement of members with less than 10 years of creditable service under certain circumstances.

SB 472. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A bill to provide that landlords shall account to their tenants for interest on security or damage deposits placed with the landlord; to provide the procedures connected therewith.

SB 486. By Senators Turner of the 8th, Russell of the 10th, Timmons of the llth and others:
A bill to amend an Act creating an Advisory Board of the College of Veterinary Medicine of the University of Georgia, so as to change the membership of the Board.

SB 499. By Senator Langford of the 51st:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing the procedure for a review of assessments made by county boards of tax assessors and providing for county boards of equalization, as amended, so as to change the qualifications for members of county boards of equalization.

SB 501. By Senator Brown of the 47th:
A bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concern ing the ability to sustain shock, as amended, so as to substitute a different standard of safety concerning the ability to sustain shock.

SB 503. By Senator Langford of the 51st:
A bill to amend Code Section 27-2510, relating to concurrent and con secutive sentences, so as to provide that in any case in which a person commits aggravated sodomy while confined in any penitentiary, county correctional institution, county or city jail, upon conviction, the sentence imposed for aggravated sodomy shall be served consecutively to the sentence then being served by such person.

TUESDAY, FEBRUARY 3, 1976

507

SB 522. By Senator McDowell of the 2nd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, .so as to define certain terms; to prohibit taking of crabs under certain conditions.

SB 523. By Senators Barker of the 18th, Gillis of the 20th, Robinson of the 27th and others:
A bill to amend an Act completely and exhaustively revising the laws of this State relative to game and fish, as amended, so as to authorize the use of compound bows for the taking of game under certain con ditions.

SB 537. By Senators Doss of the 52nd, Riley of the 1st, Overby of the 49th and others:
A bill to define and reaffirm the applicability of the doctrine of "sovereign immunity" to the Board of Regents of the University Sys tem of Georgia; to provide that except to the extent that the General Assembly may hereafter provide.

SR 71. By Senators Ballard of the 45th, Stephens of the 36th, Pearce of the 16th and Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Subsequent Injury Workmen's Com pensation Trust Fund to be funded by monies derived from assessments levied against workmen's compensation insurance carriers and selfinsurers in this State and from other sources; to provide for the sub mission of this amendment for ratification or rejection.

SR 287. By Senators Doss of the 52nd and Broun of the 46th:
A resolution urging the Board of Regents to devise a plan providing for a continuing system to govern the salaries and salary increases of personnel employed by the University System of Georgia.

HR 465. By Representatives Shanahan of the 7th, Cole of the 6th, Adams of the 14th and others:
A resolution proposing an amendment to the Constitution so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generat ing and distribution systems must participate in the election authorizing such actions.

HR 493. By Representatives Howell of the 140th, Wood of the 9th, Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to allow a Governor to succeed himself for one four-year term; to provide that

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JOURNAL OF THE SENATE,

the salary of the Governor shall not be increased during the term for which he shall have been elected; to provide for the submission of this amendment for ratification or rejection.

Senator Holloway of the 12th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Bell Bond Brown of 47th Carter Coverdell Doss Poster Gillis Hamilton of 26th Hill

Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Timmons Traylor Turner Warren Young

Those not answering were Senators:

Barnes Brantley Broun of 46th Dean of 6th Dean of 31st Duncan

Eldridge Pincher Garrard Hamilton of 34th Holloway (presiding) Hudgins

McDuffie Russell Tate Thompson Tysinger

Senator Gillis of the 20th introduced the chaplain of the day, Rev. David Haygood, pastor of the United Methodist Church, Wrightsville, Georgia, who offered scripture reading and prayer.

SENATE CALENDAR Tuesday, February 3,1976 SR 260 Certain Tangible Personal Property in Transit--tax exemption SB 464 Limitations of Actions for Medical Malpractice--new Code SB 465 Arbitration of Malpractice Claims--new Code chapter SB 425 Sheriff's Retirement Fund--increase in benefits SB 452 Superior Court Clerks' Retirement--change provisions SB 456 Rape--conviction on unsupported testimony of female

TUESDAY, FEBRUARY 3, 1976

509

SB 458 Rape Prosecution--past sexual behavior inadmissible evidence (SUB)

HB 783 Income Tax Act--amending of secrecy provisions
Senator Hill of the 29th moved that the following bill of the Senate be com mitted to the Committee on Industry, Labor and Tourism:
SB 276. By Senator Stephens of the 36th:
A bill to amend an Act governing membership in labor organizations, approved March 27, 1947 (Ga. Laws 1947, p. 616), as amended, so as to provide that employers and labor organizations may enter into collective bargaining agreements authorizing the establishment and collection of a service or representation charge to employees covered by such agree ments.
On the motion, Senator Stephens of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Coverdell
Doss Duncan Foster Garrard Gillis

Hamilton of 26th Hill Holley Howard Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Reynolds

Riley Robinson Shapard Summers Sutton Tate Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barnes Bond Carter Dean of 31st

Hamilton of 34th Hudgins Hudson Pearce

Starr Stephens Stumbaugh Traylor

Those not voting were Senators:

Dean of 6th Eldridge Fincher

Holloway (presiding) McDuffie Russell

Thompson

On the motion, the yeas were 37, nays 12; the motion prevailed, and SB 276 was committed to the Senate Committee on Industry, Labor and Tourism.

The following general bill of the S-enate, favorably reported by the committee was read the third time and put upon its passage:

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JOURNAL OP THE SENATE,

SB 465. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 7, relating to arbitration and award, so as to add a new Code Chapter relating to arbitration of medical malpractice claims; to provide for definitions; to authorize the arbitration of certain claims; to provide for petitions and court orders relative to such arbitra tion.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Pincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Ballard Dean of 6th

Hill Holloway (presiding)

Hudgins McDuffie

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed.

Senator Kidd of the 25th moved that SB 465 be immediately transmitted to the House.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 465 was immediately transmitted to the House.

TUESDAY, FEBRUARY 3, 1976

511

Senator McDowell of the 2nd moved that the following bill of the Senate be withdrawn from the Senate Committee on Retirement and committed to the Senate Committee on Human Resources:

SB 546. By Senator McDowell of the 2nd:
A bill to prohibit discrimination based on age in the creation or operation of public or private retirement systems or pension plans; to provide minimum standards and requirements for public and private retirement or pension plans or systems.

On the motion, the yeas were 35, nays 1; the motion prevailed, and SB 546 was withdrawn from the Senate Committee on Retirement and committed to the Senate Committee on Human Resources.

The following communication was read by the Secretary:

SECRETARY OF STATE State Capitol Atlanta 30334
February 3, 1976

Honorable Hamilton McWhorter Secretary of the Senate 352 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary:

I am enclosing herewith Certified List of those persons registered in the Docket of Legislative appearance (numbered 249 through 347) as of Monday, February 2, 1976, in accordance with Act No. 1294, Georgia Laws 1970.

With best wishes, I am

Sincerely your friend,
/s/ Ben W. Fortson, Jr. Secretary of State

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the six pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 249 through 347), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1976 Session of the Georgia General Assembly as of Monday, February 2, 1976, in ac cordance with Act No. 1294, Georgia Laws, 1970.

512

JOURNAL OF THE SENATE,

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 3rd day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-Six and of the Independence of the United States of America the Two Hundredth.

/a/ Ben W. Fortson, Jr. Secretary of State

249. Coy R. Johnson Registered Agent Georgia Association of Life Insurance Companies National Association of Independent Insurers 112 North Main Street Gumming, Georgia 30130
250. Ed McGill Georgia Alcohol Dealers Assn. Suite 330 3951 Snapfinger Parkway Decatur, Georgia 30032
251. J. Barry Coughlin Ford Motor Company Room 982 American Road Dearborn, Michigan 38121
252. James E. Dyar Fraternal Order of Police 3028 Empire Boulevard, S.W. Atlanta, Georgia 30315
253. Frank W. Laskowski TROA, State of Georgia 685 N. Superior Avenue Decatur, Georgia 30033
254. Bruce Gruber Organization of DeKalb Educators 921 Briarcliff Road, N.E. Atlanta, Georgia 30306
255. Lanier Bannister Forsyth County Concerned Taxpayers Box 867 Gumming, Georgia 30130
256. Monroe M. Smith, Jr. CWA--Georgia Political Council 1461 Cedar Ridge Way Stone Mountain, Georgia 30083

TUESDAY, FEBRUARY 3, 1976

513

257. M.R.Wilson UAW 414 McDonough Boulevard, S.E. Atlanta, Georgia 30315
258. David C. Morgan Georgia Electrical Membership Corp. 148 Cain Street Suite 845 Atlanta, Georgia 3'0303
259. Preston J. Garrison Metropolitan Atlanta Mental Health Association, Inc. 85 Merritts Avenue, N.E. Atlanta, Georgia 30308
260. John H. Moss Georgia Restaurant Association 805 Peachtree Street, N.E. Atlanta, Georgia 30308
261. Bettye Lowe Self 591 West Paces Ferry Road, N.W. Atlanta, Georgia 30305
262. Mrs. Doris J. Van Veelen Self 1513 Thornhill Court Dunwoody, Georgia
263. Fred C. Moulton Dean's Power Oil, Inc. 412 First Street, S.E. Moultrie, Georgia 31768
264. Jimmy Carter The Federal Land Bank of Columbia P. 0. Box 169 Madison, Georgia 30650
265. Carl Parks Allstate Insurance and Enterprises 3585 Northside Parkway Atlanta, Georgia 30327
266. Dick Burrell Household Finance 1977 Farris Drive Decatur, Georgia 30032
267. Ted E. McAuliffe Georgia Taxpayers Federation Route 1 Fayetteville, Georgia 30214

514

JOURNAL OF THE SENATE,

268. Dennis J. Hill Manufactured Housing Institute (S, E.) 2810 New Spring Road Atlanta, Georgia 30339
269. Earl A. Ferguson Registered Agent Manufactured Housing Institute Georgia Society of Professional Engineers 2810 New Spring Road Atlanta, Georgia 30339
270. Claude McGuinn CWA--Ga. Political Council 830 Larry Lane Decatur, Georgia 30033
271. Gene Russo CWA--Ga. Political Council 40 Pryor Street, S.W. Atlanta, Georgia 30303
272. Irvin H. Beavers Fraternal Order of Police Route One, Box 2325 Newnan, Georgia 30263
273. Sheila A. Cumberworth Fraternal Order of Police 7275 Roswell Road Apartment 3388 Atlanta, Georgia 30328
274. Frank D. Roberts Georgia Fraternal Order of Police 1181 Morley Avenue, S.E. Atlanta, Georgia 30312
275. J. J. Polak Georgia Fraternal Order of Police Post Office Box 492 Decatur, Georgia 30031
276. Karen Irish Georgia Fraternal Order of Police 1150 Rankin Street Apartment J-13 Stone Mountain, Georgia 30083
277. D. M. Stafford Georgia Fraternal Order of Police P. 0. Box 13252 Savannah, Georgia 31406

TUESDAY, FEBRUARY 3, 1976

515

278. J. J. Brown Georgia Fraternal Order of Police 5 San Antonio Drive Savannah, Georgia 31406
279. Baxter Whitaker General Telephone Company 1800 Peach tree Center 230 Peachtree Street, N.W. Atlanta, Georgia 30303
280. Carl T. Martin United States Brewers Assn. 1655 Tullie Circle, N.E. Atlanta, Georgia 30329
281. Herbert H. Mabry AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312
282. Harry Stone, Jr. Laborers International Union of North America 1330 Ormewood Avenue, S.E. Atlanta, Georgia 30316

283. Michael D. Easterly Georgia Industrial Developers Association Two Peachtree Street, N.W. Atlanta, Georgia 30303
284. Glenn Cornell Georgia Industrial Developers Association 400 William-Oliver Building Atlanta, Georgia 30303
285. Katherine M. Cann Toxoplasmosis 625 East 44th Street Savannah, Georgia 31405
286. Felton Gordon Registered Agent Georgia Optometric Assn. Georgia Podiatry Assn. 3384 Peachtree Road, N.E. Atlanta, Georgia 30326

287. Shirley Church Georgia Federation of Women's Clubs 2166 Chevy Chase Lane Decatur, Georgia 30032

516

JOURNAL OF THE SENATE,

288. Thomas A. O'Boyle Georgia Power Company 1400 Candler Building Atlanta, Georgia 30303
289. Joyce Brown Laborers International Union of North America (APL-CIO) 582 Blake Avenue, S.E. Atlanta, Georgia 30316
290. W. Wyman Pilcher Georgia Savings & Loan League, Inc. 1616 William-Oliver Bldg. Atlanta, Georgia 30303
291. Jim Major International Association of Machinists and Aerospace Workers 2221 Foxhound Parkway Marietta, Georgia 30060
292. William E. Headrick Registered Agent International Association of Machinists and Aerospace Workers Georgia State Council of Machinists 1100 Powell Wright Road Marietta, Georgia 30062
293. C. T. Dameron International Association of Machinists and Aerospace Workers Route One Kennesaw, Georgia 30144
294. Mel Steely American Association of University Professors Route 10 Box 171 Carrollton, Georgia 30117
295. Henry Steely Georgia Nursing Home Assn. 1056 South Main Street Cedartown, Georgia 30125
296. William W. Suttle American Insurance Assn. 3445 Peachtree Road, N.E. Atlanta, Georgia 30326

TUESDAY, FEBRUARY 3, 1976

517

297. Jim Morrison Georgia Wildlife Federation 4019 Woburn Drive Tucker, Georgia 30084
298. Joel Williams Registered Agent Savannah Foods and Industry, Inc. Savannah Chamber of Commerce 128 West Jones Street Savannah, Georgia 31401
299. Kay Hoffman League of Women Voters of Georgia 321 Milledge Heights Athens, Georgia 30601
300. Mary Alice Juhan Self 247 Clayton Street, N.E. Lawrenceville, Georgia 30245
301. T. Scott Smith Motor Vehicle Manufacturers Association of the United States, Inc. 1909 K Street, N.W. Suite 300 Washington, D.C. 20006
302. Martha Chesser Self 864 Beaverbrook Drive, N.W. Atlanta, Georgia 30318
303. H. Andrew Owen, Jr. American Insurance Association 2000 Colony Square Atlanta, Georgia
304. Frances Pauley Georgia Poverty Rights Organization 943 Clifton Road, N.E. Atlanta, Georgia 30307
305. Earl Leonard The Coca-Cola Company 310 North Avenue, N.W. Atlanta, Georgia 30301
306. BillTalmadge The Coca-Cola Company 310 North Avenue, N.W. Atlanta, Georgia 30301

518

JOURNAL OF THE SENATE,

307. Pinson Hammond Fraternal Order of Police 791 Myrtle Street, N.E. Atlanta, Georgia 30308
308. Marjean W. Birt Registered Agent North Fulton Chamber of Commerce Alpharetta Women's Club P. T. A. 624 Holcomb Bridge Road Suite 9 P. O. Box 846 Roswell, Georgia 30075
309. Michael W. Broadbear Downside Risk, Inc. 301 One Piedmont Center 3565 Piedmont Road Atlanta, Georgia 30305
310. Pete Peck Downside Risk, Inc. 300 West Wieuca Suite 220 Atlanta, Georgia 30342
311. Lamar Crawley Georgia Motor Club 1100 Spring Street Atlanta, Georgia 30309
312. Frank Campbell DeKalb Association of Educators 5309 Hugh Howell Road Stone Mountain, Georgia 30083
313. John W. Cox Air Transport Association Delta Airlines General Offices Atlanta Hartsfield Int. Airport Atlanta, Georgia 30320
314. Harold L. Russell Optics, Inc. 4000 First National Bank Tower Atlanta, Georgia 30303
315. Wayne T. Elliott Society of Professional Optometrists 2500 Tower Place Atlanta, Georgia 30326
316. Eric J. Taylor Georgia Motor Club--AAA 1100 Spring Street, N.W. Atlanta, Georgia 30309

TUESDAY, FEBRUARY 3, 1976

519

317. Connie J. Russell Committee for Sandy Springs 1558 Northridge Road Atlanta, Georgia 30338
318. Mrs. Jo McClung Committee for Sandy Springs 5560 Lake Island Drive, N.W. Atlanta, Georgia 30327
319. C. W. Larcom Common Cause 2823' Kathryn Court East Point, Georgia 30344
320. Lois Kirk North Atlanta Parkway Association 6825 Sunnybrook Lane, N.E. Atlanta, Georgia 30328
321. Colonel Tom Powers Savannah Mobile Home Association Route Four, Box 425 Savannah, Georgia 31405
322. John David Milne Minnesota Mining and Manufacturing 2860 Bankers Industrial Drive Atlanta, Georgia 30340
323. Robert R. Richardson Registered Agent City of Atlanta and Fulton County Recreation Authority American Insurance Association Georgia Association of Independent Insurance Agents State Bar of Georgia Suite 2000 400 Colony Square Atlanta, Georgia 30361
324. John Louis Girard Georgia Motor Club, Inc. (AAA) 2569 Terrace Trail Decatur, Georgia 30032
325. W. Elmer George Georgia Municipal Association 220 -10 Pryor Street Building Atlanta, Georgia 30303
326. Mack A. Tucker, Jr. Georgia Concrete and Products Association, Inc. Koger Executive Center Suite 234 2951 Flowers Road, South Atlanta, Georgia 30341

520

JOURNAL OF THE SENATE,

327. Tim Johnson Georgia Public Interest Research Group 201 Washington Street, S.W. Atlanta, Georgia 30303
328. Max M. Kimball American College of Nursing Home Administrators BoxO Cedartown, Georgia 30125
329. Major General Homer Flynn The Greenbaum Companies 2159 McKinley Road, N.W. Atlanta, Georgia 30318
330. Floyd Lowell Jones Standard Oil Company 3811 Valley Green Drive Marietta, Georgia 30060
331. J. D. Finger Exxon Co., USA 22 Executive Park West, N.E. Atlanta, Georgia 30329
332. John L. Caldera Exxon Co., USA 22 Executive Park West, N.E. Atlanta, Georgia 30329
333. Hugh Smith Georgia Society, Certified Public Accountants 1504 William Oliver Building Atlanta, Georgia 3'0303
334. Jack S. Schroder Exxon Co., USA Haas Howell Building 75 Poplar Stret, N.W. Atlanta, Georgia 30303
335. Roland C. Stubbs, Jr. Apartment Owners and Managers Association 2914 Poplar Street Doraville, Georgia 30340
336. Kathleen M. Light National Organization for Women 4659 Tall Pines Drive, N.W. Atlanta, Georgia 30327
337. W. A. Huff Ford Motor Co. 2750 Dodson Drive East Point, Georgia 30344

TUESDAY, FEBRUARY 3, 1976

521

338. E. B. Gurley Ford Motor Co. 2789 Galahad Drive, N.E. Atlanta, Georgia 30345
339. Jack B. Perdue Blue Cross and Blue Shield of Georgia/Atlanta, Inc. 1010 West Peachtree Street Atlanta, Georgia 30309
340. Peyton I. Lingle Coastal States Life Insurance Co. 260 Peachtree Street, N.W. Atlanta, Georgia 30303
341. R. E. Cantrell Georgia State Council of Machinists 129 Gaylor Street Smyrna, Georgia 30080
342. Bobbie J. Sharp Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30032
343. Martha True AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312
344. Betty Godwin AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312
345. Howard James Mountain Services P. 0. Box 483 Gainesville, Georgia 30501
346. Charles Ector Unified Services 1848 Calvary Drive Gainesville, Georgia 30501
347. Jack W. Drane United Transportation Union 5500 Camelot Drive Savannah, Georgia 31405

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 425. By Senators Starr of the 44th, Riley of the 1st and Holloway of the 12th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, as amended, so as to provide an increase in the retirement

522

JOURNAL OF THE SENATE,

benefits for those who become eligible to receive retirement benefits after a cretain date.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

January 19,1976

SUBJECT: FISCAL NOTE--SENATE BILL 425 Sheriffs' Retirement Fund

This Bill provides for an increase in the retirement benefits for members effective May 1, 1976. The proposed changes are as follows:

(A) Increase the minimum benefit from $50 per month to $60 per month.

(B) Increase the benefit for additional years of service from $12.50 per month to $15 per month.

(C) Increase the maximum number of creditable years of service from 20 to 25 years.

The total increased actuarial liability as shown in the attached actuarial report from Towers, Perrin, Forster and Crosby would be $1,256,630. The current annual cost of amortizing the total liability over a 20 year period would be $263,576 which is to be funded based on projec tion of current receipts from dues, fines and forfeitures, and earnings.
is/ Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, State Planning and Budget Officer

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 3, 1976

523

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Hamilton of 26th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Gillis

Hamilton of 34th

Holloway (presiding)

On the passage of the bill, the yeas were 52, nays 0.

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

The President assumed the Chair.

SB 452. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as amended, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Re tirement Fund of Georgia.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

524

JOURNAL OF THE SENATE,

DATE: SUBJECT:

January 19,1976
FISCAL NOTE - SENATE BILL 452 Superior Court Clerks' Retirement Fund

The total unfunded accrued liability created by the Bill would be $2,054,000 as shown in the attached report prepared by Tillinghast and Company, Actuaries/Consultants. The current level of contributions of $212,000 annually from members and fines, forfeitures and earnings will provide for amortization of the unfunded liability over a 26 year period.

Since most of the contributions (fiscal 1974 - $195,383.00) are from fines and forfeitures of Superior Court actions, the creation of local courts could reduce the level of income from this source, and adversely affect the actuarial soundness of the Fund.

/s/ Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, State Planning & Budget Officer

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Banks and Broun of 46th.

TUESDAY, FEBRUARY 3, 1976

525

On the passage of the bill, the yeas were 54, nays 0.

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

SB 456. By Senator Howard of the 42nd:
A bill to amend Code Section 26-2001, relating to rape, so as to delete the provision that no conviction shall be had for rape on the unsupported testimony of the female.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Pincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those voting in the negative were Senators:

Bond

Dean of 6th

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Thompson Timmons Traylor Turner Tysinger Warren Young
Tate

On the passage of the bill, the yeas were 53, nays 3.

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

SB 458. By Senator Howard of the 42nd:
A bill to amend Code Chapter 38-2, relating to the admission of evidence, as amended, so as to make inadmissible certain evidence in a prosecution

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JOURNAL OF THE SENATE,

for rape which relates to past sexual behavior; to provide procedures for determining if such evidence is admissible or inadmissible.

The Senate Committee on Judiciary offered the following substitute to SB 458:

A BILL
To be entitled an Act to amend Code Chapter 38-2, relating to the admission of evidence, as amended, so as to make inadmissible certain evidence in a prosecution for rape which relates to past sexual behavior; to provide procedures for determining if such evidence is admissible or inadmissible; to authorize the introduction of certain such evidence; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 38-2, relating to the admission of evidence, as amended, is hereby amended by adding following Code Section 38202, a new Code Section to be designated Code Section 38-202.1, to read as follows:
"38-202.1. Matters not relevant in prosecution for rape. In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses except as provided in this Section. For the purposes of this Section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards.
(a) In any prosecution for rape, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in paragraph (b), finds that the said past sexual behavior directly involved the participation of the accused or finds that the evidence expected to be introduced supports an inference that the accused could have reasonably be lieved that the complaining witness consented to the conduct com plained of.
(b) The procedure for introducing evidence as described in paragraph (a) shall be as follows:
(1) At the time the defense shall seek to introduce evidence which would be covered by subsection (a), the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant's offer of proof.
(2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under

TUESDAY, FEBRUARY 3, 1976

527

paragraph (a), the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what man ner the evidence may be introduced.

(3) The defense may then introduce evidence pursuant to the order of the court."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 42, nays 0, and the com mittee 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative.were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Those not voting were Senators:

Banks Dean of 6th

Pearce Russell

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Warren Young
Timmons

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Dean of the 31st introduced the doctor of the day, Dr. Richard A. Griffin.

528

JOURNAL OF THE SENATE,

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 783. By Representative Greer of the 43rd: Senate Sponsor: Senator Overby of the 49th.
A bill to amend Section 92-3216, of the Code of Georgia of 1933, as amended by Ga. Laws 1971, p. 819, and Ga. Laws 1973, p. 568, relating to the secrecy required of officials of the Department of Revenue with regard to the amount of income or any other particulars set forth or disclosed in any report or return required under the Income Tax Act of 1931.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Foster

Garrard Gillis Hamilton of 26th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Warren Young

Those not voting were Senators:

Dean of 6th Fincher Hamilton of 34th

Holloway (presiding) Russell Summers

Timmons Tysinger

On the passage of the bill, the yeas were 48, nays 0.

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

The President resumed the Chair.

TUESDAY, FEBRUARY 3, 1976

529

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limitations relative to certain actions.

Senator Garrard of the 37th offered the following substitute to SB 464:

A BILL
To be entitled an Act to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limitations relative to certain actions; to make applicable to such actions certain disabilities and exceptions; to provide that certain actions shall not be revived or extinguished; to except certain actions from the limitations on contract or tort actions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 3, relating to actions, as amended, is hereby amended by adding following Code Chapter 3-10 a new Code Chapter to be designated as Code Chapter 3-11, to read as follows:
"CHAPTER 3-11. LIMITATIONS OF ACTIONS FOR MEDICAL MALPRACTICE
3-1101. 'Action for Medical Malpractice' defined. As used in this Section, the term 'action for medical malpractice' means any claim for damages resulting from the death of or injury to any person arising out of (a) health, medical, dental or surgical: (1) service, (2) diagnosis, (3) prescription, (4) treatment, or (5) care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of such law fully authorized person, or (b) care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility or institution, or by any officer, agent or employee thereof acting within the scope of his or her employment.
3-1102. General Limitations. Except as otherwise provided in this Chapter, an action for medical malpractice shall be brought within two years after the date on which the negligent or wrongful act or omission occurred or within two years after the negligent or wrongful act or omission is discovered or should have been dis covered with the exercise of due diligence, provided that said dis covery is made within two years after the date on which the negli gent or wrongful act or omission occurred.

530

JOURNAL OF THE SENATE,

3-1103. Foreign Objects Left in Body. None of the limita tions of Code Section 3-1102 shall apply where a foreign object has been left in a patient's body, but an action shall then be brought within one year after such negligent or wrongful act or omission is discovered or should have been discovered. For purposes of this Sec tion, 'foreign object' shall not include a chemical compound, fixation device or prosthetic aid or device.

3-1104. Certain Disabilities and Exceptions Applicable. The disabilities and exceptions prescribed in Code Chapter 3-8 in limiting actions on contracts shall be allowed and held applicable to actions, whether in tort or contract, for medical malpractice.

3-1105. Certain Actions Not Revived or Extinguished. No action for medical malpractice which, prior to July 1, 1976, has been barred by the provisions of Code Title 3, relating to actions, shall be re vived by this Code Chapter. No action for medical malpractice which would be barred before July 1, 1977, by the provisions of this Code Chapter but which would not be so barred by the provisions of Code Title 3, in force immediately prior to July 1, 1976, shall be barred until July 1, 1977."

Section 2. Said Code Title is further amended by adding following Code Section 3-717, a new Code Section to be designated as Code Section 3-718, to read as follows:

"3-718. Contract Actions for Medical Malpractice Excluded. The provisions of this Code Chapter shall not apply to actions for medical malpractice as defined in Code Section 3-1101, as now or hereafter amended."

Section 3. Said Code Title is further amended by adding following Code Section 3-1004, a new Code Section to be designated Code Section 3-1004.1, to read as follows:

"3-1004.1. Tort Actions for Medical Malpractice Excluded. The provisions of Code Section 3-1004 shall not apply to actions for medical malpractice as defined in Code Section 3-1101, as now or hereafter amended."

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

Senator Pearce of the 16th offered the following amendment to the substitute offered by Senator Garrard of the 37th:
Amend the substitute of Senator Garrard of the 37th to SB 464 by adding a period on line 9, page 2 after the word "discovered" and striking the remaining language on lines 9, 10, 11, 12 and 13; and by adding a period after the word "discovered" on line 18, page 2 and striking the words "or should have been discovered" on lines 18 and 19 of page 2.

TUESDAY, FEBRUARY 3, 1976

531

On the adoption of the amendment, the yeas were 42, hays 0, and the amend ment to the substitute offered by Senator Garrard of the 37th to SB 464 was adopted.

On the adoption of the substitute offered by Senator Garrard of the 37th, the yeas were 41, nays 2, and the substitute to SB 464 was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis Hamilton of 26th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Dean of 6th

Fincher

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Hamilton of 34th

On the passage of the bill, the yeas were 52, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Young of the 13th, Chairman of the Enrolling and Journals Sub committee, submitted the following report:

532

JOURNAL OF THE SENATE,

Mr. President:

Your Subcommittee on Enrolling and Journals has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 177.

SB 274.

SB 280.

Respectfully submitted, Senator Young of the 13th District, Chairman

Senator Riley of the 1st moved that the Senate do now adjourn until 9:3'0 o'clock A.M. tomorrow, and the motion prevailed.

At 10:55 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 4, 1976

533

Senate Chamber, Atlanta, Georgia Wednesday, February 4, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President Pro Tempore, Senator Holloway of the 12th.

Senator Barker of the 18th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 718. By Representatives Dean of the 29th, Glover of the 32nd, Brown of the 34th and others:
A bill to amend an Act requiring the State Department of Human Resources (formerly Department of Public Health) in cooperation with the State Board of Education, to promulgate rules and regulations providing for eye, ear and dental examinations for students in the public schools of this State, so as to promulgate rules and regulations providing for a nutritional evaluation of students in the public schools of this State.

SB 53. By Senator Barker of the 18th:
A bill to prohibit the obtaining of or attempt to obtain certain settle ments, releases or statements from certain injured persons; to repeal conflicting laws.

HB 1434. By Representatives Irvin of the 23rd, Nix of the 20th, Karrh of the 106th and others:
A bill to amend an Act requiring the sheriffs of this State to keep a record of prisoners committed to the jail of the county of which they . are sheriff, so as to add Muscogee County to the proviso in said Act now applicable to Richmond County, to the effect that such book shall be kept at the jail by the jailer, and shall otherwise be kept as provided in said law for sheriffs.
HB 1443. By Representatives Burton of the 47th, Richardson of the 52nd, Davis and Tolbert of the 56th and others:
A bill to establish the Developmental Disabilities Planning and Co-

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ordinating Council of DeKalb County; to provide for appointment of members of the Council and their duties, powers and authority; to provide for definitions; to provide for the receipt and expenditures of moneys.

HB 1448. By Representative Jessup of the 117th:
A bill to amend an Act incorporating the Town of Pineview so as to change the terms of office of the mayor and council; to stagger their terms of office.

HB 1454. By Representative Karrh of the 106th:
A bill to create and establish a Small Claims Court in and for Jenkins County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.

HB 1462. By Representatives Buck of the 95th, Berry of the 94th, Thompson of the 93rd and others:
A bill to amend an Act providing an annual salary for the coroners in all counties in this State having a population of not less than 165,000 or more than 175,000 so as to change the salary of such coroners.

HB 1411. By Representative Buck of the 95th:
A bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change the procedure of filling a vacancy created by the death of the judge of the municipal court.

HB 1496. By Representatives Clark, Milford, and Mann of the 13th:
A bill to amend an Act creating a Board of Commissioners of Madison County, Ga. so as to change the provisions relative to meetings of the board; to change the compensation of the chairman and other members of the board of commissioners.

HB 1522. By Representatives Carter and Patten of the 146th:
A bill to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof so as to increase the maximum interest rate on bonds and other obliga tions of the authority.

HB 1537. By Representative Crawford of the 5th: A bill to amend an Act placing the Clerk of the Superior Court of Chat-

WEDNESDAY, FEBRUARY 4, 1976

535

tooga County upon an annual salary so as to change the provisions relative to the deputy clerk; to provide for budgets for the operation of the clerk's office.

HB 1538. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of Tax Commissioner of Chattooga County so as to change the provisions relative to personnel of the Tax Commissioner.

HB 1539. By Representative Crawford of the 5th:
A bill to amend an Act placing the Judge of the Probate Court of Chattooga County upon an annual salary so as to change the provisions relative to clerical help for said officer; to provide for an annual budget for the operation of the office of said officer.

HB 1314. By Representatives McDonald of the 12th, Buck of the 95th, Adams of the 14th and others:
A bill to amend an Act creating the Firemen's Retirement System so as to provide for an increase in the monthly pension of eligible firemen or volunteer firemen.

HB 1315. By Representatives McDonald of the 12th and Buck of the 95th:
A bill to amend an Act creating the Firemen's Retirement System so as to provide for the powers and duties of the Board of Trustees of the Georgia Firemen's Pension Fund.

HB 1387. By Representatives Adams of the 14th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine so as to provide that certain records pertaining to wine brands, shipments and sales shall be open to public inspection.

HB 1388. By Representative Adams of the 14th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that certain records pertaining to distilled spirits brands, shipments and sales shall be open to public inspection.

HB 1389. By Representative Adams of the 14th:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages so as to provide that certain records pertaining to malt beverage brands, shipments and sales shall be open to public inspection.

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HB 171. By Representatives Cox of the 141st, Long of the 142nd and Evans of the 84th:
A bill to provide for the grant of visitation rights to the grandparents of certain children; to provide for the enforcement of the grant of such rights.

HB 253. By Representatives Snow of the 1st, Walker of the 115th, and Karrh of the 106th:
A bill to repeal Code Section 27-1301, which provides that the cases on the criminal docket shall be called in the order in which they stand on the docket, unless the defendant be in jail, or otherwise in the sound discretion of the court.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
SB 182. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to grant licensed medical practitioners the privilege of treating patients in certain public hospitals.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 541. By Representatives Wilson and Cooper of the 19th, Burruss and Kreeger of the 21st and Harrison and Nix of the 20th:
A resolution proposing an amendment to the Constitution so as to ex clude certain retirement, pension or disability benefits, up to a maximum amount in determining income for the purpose of persons 62 or over or persons who are totally disabled qualifying for the homestead exemption of $2,000.00 from ad valorem taxation by the City of Marietta.

HR 550. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Houston County shall have jurisdiction.

The House has agreed to the Senate substitute to the following bill of the House:

HB 542. By Representatives Egan of the 25th, Sams of the 90th, Snow of the 1st and Walker of the 115th:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act" so as to change the period of time after which certain property shall be presumed abandoned.

WEDNESDAY, FEBRUARY 4, 1976

537

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 565. By Senator Broun of the 46th:
A bill to amend Code Chapter 26-14, relating to arson and related offenses, so as to provide that it shall be unlawful for any person to damage any dwelling house, building, vehicle, railroad car, watercraft or any other structure in which another has a security interest in cluding, but not limited to, a mortgage, lien or conveyance to secure debt, by means of fire or explosives.
Referred to Committee on Judiciary.

SB 566. By Senator Kidd of the 25th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, so as to add certain definitions. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 567. By Senator Duncan of the 30th:
A bill to amend an Act authorizing counties and certain municipalities to levy a local income tax under certain conditions, so as to change the pro visions relative to the referendum election to authorize the levy of such tax; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

SB 568. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to change the provisions relating to costs; to include suits, actions and cases filed in certain courts within the provisions of said Act. Referred to Committee on County and Urban Affairs.

SB 569. By Senators Starr of the 44th and Langford of the 51st:
A bill to provide for the creation of a Professional Standards Commission to advise the State Board of Education concerning the preparation, certification, and professional growth of those persons who teach or perform educational duties in the school systems or schools of this State; to provide an effective date.
Referred to the Committee on Education

SB 570. By Senators Hamilton of the 26th, Garrard of the 37th and Fincher of the 54th:
A bill to amend Code Section 84-906, relating to practice of medicine

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without a license, as amended, so as to provide that the piercing of ears in any manner and for any purpose constitutes the practice of medicine. Referred to Committee on Human Resources.
SB 571. By Senators Hudson of the 35th, Hamilton of the 34th, Doss of the 52nd and others:
A bill to provide for the regulation of practitioners of Social Work in the State of Georgia; to provide for a short title; to provide for declared purposes; to define certain terms. Referred to Committee on Human Resources.
SR 306. By Senators Broun of the 46th and Holloway of the 12th:
A resolution creating the State Computers Study Committee. Referred to Committee on Rules.

SR 307. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution, to change the name and designation of the Department of Community Development to the Department of Industry and Trade; to change the name and desig nation of the Board of Community Development to the Board of Industry and Trade.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SR 308. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution, so as to re quire a referendum on any local Act repealing the charter of a municipal ity; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1411. By Representative Buck of the 95th:
A Bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change the procedure of filling a vacancy created by the death of the judge of the municipal court. Referred to Committee on County and Urban Affairs.

HB 1434. By Representatives Parrish of the 97th, Buck of the 95th, Smyre of the 92nd and others:
A bill to amend an Act requiring the sheriffs of this State to keep a record of prisoners committed to the jail of the county of which they are

WEDNESDAY, FEBRUARY 4, 1976

539

sheriff, so as to add Muscogee County to the proviso in said Act now applicable to Richmond County, to the effect that such book shall be kept at the jail by the jailer, and shall otherwise be kept as provided in said law for sheriffs.
Referred to Committee on County and Urban Affairs.

HB 1443. By Representatives Burton of the 47th, Richardson of the 52nd, Davis and Tolbert of the 56th and others:
A bill to establish the Developmental Disabilities Planning and Co ordinating Council of DeKalb County; to provide for appointment of members of the Council and their duties, powers and authority; to pro vide for definitions; to provide for the receipt and expenditures of moneys.
Referred to Committee on County and Urban Affairs.

HB 1448. By Representative Jessup of the 117th:
A bill to amend an Act incorporating the Town of Pineview so as to change the terms of office of the mayor and council; to stagger their terms of office. Referred to Committee on County and Urban Affairs.

HB 1454. By Representative Karrh of the 106th:
A bill to create and establish a Small Claims Court in and for Jenkins County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court. Referred to Committee on County and Urban Affairs.
HB 1462. By Representatives Buck of the 95th, Berry of the 94th, Thompson of the 93rd and others:
A Bill to amend an Act providing an annual salary for the coroners in all counties of this State having a population of not less than 165,000 or more than 175,000 so as to change the salary of such coroners. Referred to Committee on County and Urban Affairs.
HB 1496. By Representatives Clark, Milford and Mann of the 13th:
A bill to amend an Act creating a Board of Commissioners of Madison County, Ga. so as to change the provisions relative to meetings of the board; to change the compensation of the chairman and other members of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 1522. By Representatives Carter and Patten of the 146th:
A bill to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise

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thereof so as to increase the maximum interest rate on bonds and other obligations of the authority. Referred to Committee on County and Urban Affairs.
HB 1537. By Representatives Crawford of the 5th:
A bill to amend an Act placing the Clerk of the Superior Court of Chattooga County upon an annual salary so as to change the provisions relative to the deputy clerk; to provide for budgets for the operation of the clerk's office. Referred to Committee on County and Urban Affairs.
HB 1538. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of Tax Commissioner of Chattooga County so as to change the provisions relative to personnel of the Tax Commissioner. Referred to Committee on County and Urban Affairs.
HB 1539. By Representative Crawford of the 5th:
A bill to amend an Act placing the Judge of the Probate Court of Chattooga County upon an annual salary so as to change the provisions relative to clerical help for said officer; to provide for an annual budget for the operation of the office of said officer. Referred to Committee on County and Urban Affairs.
HB 171. By Messrs. Cox of the 141st, Long of the 142nd and Evans of the 84th:
A bill to provide for the grant of visitation rights to the grandparents of certain children; to provide for the enforcement of the grant of such rights. Referred to Committee on Judiciary.
HB 253. By Messrs. Snow of the 1st, Walker of the 115th and Karrh of the 106th: A bill to repeal Code Section 27-1301, which provides that the cases on the criminal docket shall be called in the order in which they stand on the docket, unless the defendant be in jail, or otherwise in the sound discretion of the court.
Referred to Committee on Judiciary.
HB 718. By Representatives Dean of the 29th, Glover of the 32nd, Brown of the 34th and others: A bill to amend an Act requiring the State Dept. of Human Resources (formerly Dept. of Public Health) in cooperation with the State Board of Education, to promulgate rules and regulations providing for eye, ear and dental examinations for students in the public schools of this

WEDNESDAY, FEBRUARY 4, 1976

541

State, so as to promulgate rules and regulations providing for a nutritional evaluation of students in the public schools of this State.
Referred to Committee on Human Resources.

HB 1314. By Representatives McDonald of the 12th, Buck of the 95th, Adams of the 14th and others:
A bill to amend an Act creating the Firemen's Retirement System so as to provide for an increase in the monthly pension of eligible firemen or volunteer firemen. Referred to Committee on Retirement.

HB 1315. By Representatives McDonald of the 12th and Buck of the 95th:
A bill to amend an Act creating the Firemen's Retirement System so as to provide for the powers and duties of the Board of Trustees of the Georgia Firemen's Pension Fund. Referred to Committee on Retirement.

HB 1387. By Representative Adams of the 14th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine so as to provide that certain records pertaining to wine brands, shipments and sales shall be open to public inspection. Referred to Committee on Banking, Finance and Insurance.
HB 1388. By Representative Adams of the 14th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that certain records pertaining to distilled spirits brands, shipments and sales shall be open to public inspection. Referred to Committee on Banking, Finance and Insurance.
HB 1389. By Representative Adams of the 14th:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages so as to provide that certain records pertaining to malt beverage brands, shipments and sales shall be open to public inspection. Referred to Committee on Banking, Finance and Insurance.

HR 541. By Representatives Wilson and Cooper of the 19th, Burruss and Kreeger of the 21st and others:
A resolution proposing an amendment to the Constitution so as to exclude certain retirement, pension or disability benefits, up to a maximum amount in determining income for the purpose of persons 62 or over or persons who are totally disabled qualifying for the homestead exemption of $2,000.00 from ad valorem taxation by the City of Marietta.
Referred to Committee on County and Urban Affairs.

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HR 550. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Houston County shall have jurisdiction. Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance & Insurance has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 422. Do pass. SB 471. Do pass. SB 547. Do pass. HB 1370. Do pass. SB 463. Do pass by substitute.
Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 245. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman
Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:

WEDNESDAY, FEBRUARY 4, 1976

543

Mr. President:

Your Committee on Public Utilities has had under consideration the following bill and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 282. Do pass.
HB 391. Do pass.

Respectfully submitted, Senator Brown of the 47th District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 413. Do pass by substitute.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 461. Do pass by substitute.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 208. By Senator Lester of. the 23rd:
A bill to amend Code Chapter 88-6, relating to mental health, as amended, so as to provide a single system of services in the mental health and alcohol and drug abuse areas; to provide a short title; to provide a

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JOURNAL OP THE SENATE,

declaration of purpose; to provide definitions; to provide the powers and duties of the Department of Human Resources in the area of mental health.

SB 436. By Senator Lester of the 23rd:
A bill to amend Code Section 57-116, relating to the repayment of install ment loans, as amended, so as to provide for the repayment of loans in weekly installments; to provide for the interest rate on such loans.

SB 443. By Senators Tate of the 38th, Poster of the 50th, Kidd of the 25th and others:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State, as amended, so as to provide that teachers shall accumulate all unused sick leave from one school year to the next up to a certain maximum number of days.

SB 454. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Jekyll Island-State Park Author ity Act", as amended, so as to change the membership of the Authority; to change the provisions relating to quorums.
SB 462. By Senators McDowell of the 2nd, Kidd of the 25th, Riley of the 1st and others:
A bill to amend Code Chapter 108-4, relating to powers, duties and liabilities of trustees, as amended, so as to provide that loans to small business firms guaranteed by the Small Business Administration shall constitute valid investments for certain institutions.
SB 473. By Senators Foster of the 50th, Overby of the 49th, Kidd of the 25th and others:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1965 and creating the State Plan ning and Community Affairs Policy Board, as heretofore amended, so as to state the legislative intent of this Act.
SB 478. By Senator Holloway of the 12th:
A bill to amend an Act relating to a health insurance plan for State employees, as amended, so as to authorize the State Personnel Board to execute a contract or contracts with one or more corporations licensed to transact business in this State.
SB 481. By Senators Hudgins of the 15th and Doss of the 52nd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, so as to change the provisions relative to certain definitions.

WEDNESDAY, FEBRUARY 4, 1976

545

SB 483. By Senator Starr of the 44th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change the provisions relating to food services.

SB 498. By Senator Kidd of the 25th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to change the size of the State Board of Pardons and Paroles; to provide for the appointment of additional members and their terms of office.

SB 510. By Senator Robinson of the 27th:
A bill to amend Code Section 68B-202, relating to persons who are ex empt from obtaining or having drivers' licenses, so as to provide that certain members of the reserve components of the Armed Forces of the United States shall be exempt from the requirements of having a driver's license under certain circumstances.

SB 525. By Senator Kidd of the 25th:
A bill to establish within State Government an Employee Fringe Benefits Function; to provide for a statement of legislative intent; to provide for a legislative charge; to provide for the staffing and funding of the function; to provide for the function's attachment to the State Merit System for administrative purposes.

SB 532. By Senators Starr of the 44th and Fincher of the 54th:
A bill to amend an Act known as "The Georgia Public Assistance Act of 1965", as amended, so as to change the provisions relative to the offense of fraud in obtaining public assistance; to change certain penalties.

SB 533. By Senator Lester of the 23rd:
A bill to amend Code Section 92-6912, relating to county boards of equalization, as amended, so as to provide the burden of proof in the superior court shall be upon the party filing the appeal; to provide that the burden of proof shall be upon the party filing the first appeal in the event both parties appeal.

SB 536. By Senator Pearce of the 16th:
A bill to require State agencies to require certain reports and agree ments from nonprofit contractors who contract with the State agency; to provide definitions; to specify the contracts subject to the provisions of this Act; to provide exceptions.

SB 543. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to repeal an Act entitled "An Act to provide that it shall be un lawful for any person to fire or discharge any firearm on Sunday; to provide for exceptions; to provide for a penalty; to repeal a specific law.

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JOURNAL OF THE SENATE,

SR 252. By Senators Kidd of the 25th, Garrard of the 37th, Stephens of the 36th and others:
A resolution proposing an amendment to the Constitution, so as to change the time period during which the Governor may approve or veto bills and resolutions tendered to him; to provide, under certain specified conditions, for a one-day legislative session to override the Governor's veto.

SR 256. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others:
A resolution urging the earliest funding practicable of the law autho rizing a health insurance plan for the public school teachers of Georgia.

SR 283. By Senators Hudson of the 35th, Riley of the 1st, Lewis of the 21st and others:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption for certain disabled veterans; to pro vide for the submission of this amendment for ratification or rejection.

SR 284. By Senators Foster of the 50th, Starr of the 44th, Banks of the 17th and others:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to exempt from ad valorem taxation all or a part of the value of tangible property used in or as a part of any facility which property shall have been installed as a solar energy heating or cooling system.

HB 1299. By Representatives Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, as amended, so as to change the definition of the term "motor carrier".

HB 1352. By Representative Lambert of the 112th:
A bill to amend an Act approved March 27, 1941 (Ga. Laws 1941, p. 361), as amended, so as to provide that the Governor or his designees may enter into reciprocal agreements with other jurisdictions relative to motor vehicles.

Senator Holloway of the 12th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Ballard Banks
Barker Barnes Bell Brantley

Broun of 46th Carter
Coverdell Dean of 31st Doss Eldridge

Foster Hamilton of 34th
Hill Holley Howard Hudgins

WEDNESDAY, FEBRUARY 4, 1976

547

Kennedy Langford Lester McGill Overby Reynolds Riley

Robinson Russell Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Traylor Turner Tysinger Warren Young

Those not answering to their names were Senators:

Bond Brown of 47th Dean of 6th Duncan Fincher Garrard

Gillis Hamilton of 26th Holloway (presiding) Hudson Kidd Lewis

McDowell McDuffie Pearce Shapard Timmons

Senator Banks of the 17th introduced the chaplain of the day, Rev. Max Wall, pastor of the First United Methodist Church, Barnesville, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 305. By Senator Foster of the 50th:
A resolution urging each member of the General Assembly to rekindle the "Spirit of 76" by holding town hall meetings.

SR 312. By Senator Barnes of the 33rd: A resolution commending the South Cobb Jaycees.

SENATE CHAMBER Wednesday, February 4, 1976
SR 260. Certain Tangible Personal Property in Transit--tax exemption SB 411. Tenants Holding Over--proceedings against (SUB) SB 433. Peace Officer--redefine SB 444. Cherokee Judicial Circuit--additional judge SB 447. Divorce Petition--show social security number (SUB) SB 448. Minors--provide presumptions for exercise of due care SB 449. Teachers'Retirement--change provisions relative to interest (SUB) SB 451. Teachers' Retirement--retirement with less than 10 years (SUB) SB 472. Landlords--account to tenants for security interest (SUB)

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JOURNAL OF THE SENATE,

SB 486. Univ. of Georgia College of Veterinary Med. Adv. Bd.--membership SB 499. County Board of Equalization--qualifications SB 501. Automobiles--standard of safety ability to sustain shock SB 503. Aggravated Sodomy Committed While Confined--sentence SB 522. Game and Fish Laws--define certain terms SB 523. Compound Bows for Taking of Game--authorize certain conditions SB 537. Board of Regents--define applicability of "sovereign immunity" SR 71. Subsequent Injury Workmen's Compensation Trust Fund--
establish SR 287. University System Personnel--continuing system to govern
salaries HR 465. Changing Requisite for Passing Certain Revenue Bonds HR 493. Governor--may succeed himself for one term

The President assumed the Chair.

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 433. By Senator Langford of the 51st:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to change the definition of the term "peace officer".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th
Hill Holley Holloway Hudgins Hudson Kennedy

Kidd Langford Lester Lewis McDowell McGill Overby Reynolds Riley Robinson Russell Shapard Starr

WEDNESDAY, FEBRUARY 4, 1976

549

Stephens Stumbaugh Summers Sutton

Tate Thompson Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Bond Dean of 6th

Howard McDuffie

Pearce Timmons

On the passage of the bill, the yeas were 50, nays 0.

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

SB 447. By Senator Barnes of the 33rd:
A bill to amend Code Section 30-105, as amended, so as to require divorce petitions to show the social security number of the plaintiff and defendant.

The Committee on Judiciary offered the following substitute to SB 447:

A BILL
To be entitled an Act to amend Code Section 30-105, as amended by an Act approved January 28, 1946 (Ga. Laws 1946, p. 90), and an Act approved April 18, 1967 (Ga. Laws 1967, p. 761), so as to require divorce petitions to show the social security number of the plaintiff and defendant; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 30-105, as amended by an Act approved January 28, 1946 (Ga. Laws 1946, p. 90), and an Act approved April 18, 1967 (Ga. Laws 1967, p. 761), is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 30-105, to read as follows:
"30-105. Petition; process; rules of pleadings.--The action for divorce shall be brought by written petition and process, said peti tion being verified by the plaintiff. The petition shall show (1) the residence or last known address of the defendant, (2) that the applicant meets the residence requirements for bringing an action for divorce or the applicant is bringing a cross action and is not required to meet the residence requirements, (3) the date of the marriage and the date of the separation, (4) whether or not there are any minor children of the parties and the name and age of each minor child, (5) the statutory ground upon which a divorce is

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JOURNAL OF THE SENATE,

sought, (6) where alimony or support or division of property is involved, the property and earnings of the parties if such is known, and (7) the social security number of the plaintiff and the social security number of the defendant, if it is known. The respondent may at any time before trial file with the court a written demand for a detail statement of the facts on which the grounds in the petition are predicated. The respondent shall cause a copy of said demand to be served upon petitioner or the petitioner's counsel of record and such facts shall be added to the petition in the form of an amendment thereto."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the commit tee substitute to SB 447 was adopted.

The report of the committee, which was favorable to passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester
Lewis McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Bond

Dean of 6th Hudgins

McDowell McDuffie

On the passage of the bill, the yeas were 50, nays 0.

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

WEDNESDAY, FEBRUARY 4, 1976

551

Senator Howard of the 42nd moved to commit the following bill of the Senate to the Committee on Judiciary:

SB 411. By Senator Howard of the 42nd:
A bill to amend Code Title 61; relating to landlords and tenants, so as to change the provisions relating to proceedings against tenants holding over; to provide that landlords shall be authorized to petition for writ of possession and to provide for execution thereof; to provide for practices and procedures in connection therewith; to provide for costs.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 411 was committed to the Senate Committee on Judiciary.

Senator Reynolds of the 48th moved to commit the following bill of the Senate to the Committee on Judiciary:

SB 472. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A bill to provide that landlords shall account to their tenants for interest on security or damage deposits placed with the landlord; to provide the procedures connected therewith.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 472 was committed to the Senate Committee on Judiciary.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 448. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 105-2, relating to negligence, so as to provide presumptions as to the exercise of due care by minors.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell
Brantley

Broun of 46th Brown of 47th Carter Coverdell
Doss

Eldridge Fincher Foster Garrard
Gillis

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JOURNAL OP THE SENATE,

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester

Lewis McDowell McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators :

Banks Bond Dean of 6th

Dean of 31st Duncan Holloway

McDuffie Tysinger

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Brantley of the 56th introduced the doctor of the day, Dr. James Langford.

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 449. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change certain provisions relative to interest.
The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM 254 Washington Street, S. W., Atlanta, Georgia 30334

January 16, 1976

MEMORANDUM

TO:

Mr. Ernest B. Davis, State Auditor

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: Senate Bill 449

This bill would change the present wording in the Teachers Retire ment Act on the rate of interest that could be charged on additional

WEDNESDAY, FEBRUARY 4, 1976

553

payments made to the Teachers Retirement System by members estab lishing credit for forfeited service or some other additional service. The bill would remove the present rate of three and one-half percent and add the words "applicable accrued regular" so that the retirement system could charge whatever rate was in effect at the time the pay ments were made. On July 1, 1975, the interest rate on additional payments was changed from three and one-half percent to four and onehalf percent and this bill would make it possible for us to use the new rate.

There would be no additional cost incurred by the Teachers Retire ment System if this bill were enacted into law. In fact, it would reduce the cost of the benefit program somewhat by allowing us to charge a slightly higher rate of interest.

The Senate Committee on Retirement offered the following substitute to SB 449:

A BILL
To be entitled an Act to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to change certain provisions relative to interest; to change the provisions relative to local retirement systems; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by striking the first paragraph of sub section (4) of Section 3 in its entirety and substituting in lieu thereof a new paragraph to read as follows:
"The membership of any member shall terminate if he dies, retires under this retirement system or withdraws his contributions, or if in a period of five consecutive years after becoming a member, he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement funds unless he has 10 or more years of creditable service with this retirement system and elects to continue his membership with this retirement system as provided in this subsection. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than four years but not more than five years, such member may be reinstated to membership if he shall pay a sum equal to 12 Vz percent of his salary for his last year of service prior to the break in service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than five years but not more than six years, such member may be reinstated to membership if he shall

554

JOURNAL OP THE SENATE,

pay a sum equal to 25 percent of his salary for his last year of service prior to the break in service. All interest credits shall cease after any such break in service, but shall begin again on the date of the payment of the sum provided above. Any member having withdrawn his contributions not more than twice after January 1, 1961, may, after five years' active service as a contributing mem ber, reestablish such membership service as represented by the withdrawn contributions upon his payment back into the fund, a sum equal to the amount withdrawn plus applicable accrued regular interest for each year or portion thereof from the time withdrawn. Notwithstanding the foregoing, the Board of Trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States ap proved by the Board of Trustees, or if he would cease to be a member by reason of illness preventing him from rendering the service otherwise required by this subsection. The Board of Trustees may also grant an additional year of leave to a teacher for each childborn to or adopted by said teacher while on authorized leave."

Section 2. Said Act is further amended by striking from the last sentence of subsection (2) of Section 4 the following:
"three and one-half (3%%) per cent",

wherever the same appears and inserting in lieu thereof the following: "applicable accrued regular",

so that when so amended subsection (2) of Section 4 shall read as follows:

"(2) Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or in lieu of having taught in 1943, teaches two out of three years between January 1, 1940, and January 1, 1943, or has taught two years from January 1, 1945, to January 1, 1948, or has taught one year between January 1, 1945, and January 1, 1948, and has fifteen years' service previous to January 1, 1948, shall file a detailed statement of all services as a teacher rendered by him prior to January 1, 1945, for which he claims credit. In the event any person who would otherwise have qualified under this subsection shall be on leave in the armed forces of the United States, any such person shall have until six months after termina tion of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the Board of Trustees shall issue a prior service certificate certifying to the members the period of service prior to January 1, 1945, with which he is credited on the basis of his statement of service, and certifying the amount of his 'prior service accumulations' as defined in sub section (3) of this Section 4. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may within one year from the date of issuance or modification of such certificate, request the Board of Trustees to modify or correct his

WEDNESDAY, FEBRUARY 4, 1976

555

prior service certificate. When membership ceases such prior service certificate shall become void. Any member who is unable to qualify for prior service under the provisions heretofore set forth may qualify for such prior service he has rendered in the public schools or University System of Georgia after he has been a contributing member for five years and upon compliance with other provisions prescribed by this Act. Those teachers having signed nonelection cards expressing their desire not to become members, but who now wish to do so, may receive credit for prior service (service prior to January 1, 1945), upon making contributions of five (5%) per cent for the years between January 1, 1945, and the time they shall have become contributing members, plus applicable accrued regular interest, based on salary earned during such years, provided that for all such prior service after July 1, 1961, contributions shall be at the rate of six (6%) percent, plus applicable accrued regular interest compounded annually to date of payment."

Section 3. Said Act is further amended by striking from the fourth sentence of subsection (5- A) of Section 4 the following:

% compounded annually",

and inserting in lieu thereof the following:

"the applicable accrued regular interest",

so that when so amended subsection (5- A') of Section 4 shall read as follows :

"(5-A). Any teacher who is an active member of the Teachers' Retirement System shall be entitled to receive credit for teaching service in other state school systems, State-supported independent school systems or American dependent's schools, up to a maximum of ten years. After having established credit for five years of membership service in the public schools or University System of Georgia, a teacher may establish and receive credit for one com plete year of out-of-state service, including service with American dependents' schools, for each additional year of Georgia membership service established with the system with a maximum of ten years of out-of-state or dependents' school service credit allowed. A teacher desiring to establish credit for out-of-state service or service with American dependents' schools must pay, prior to the date he retires with the retirement system, employee contributions and employer contributions, which would have been paid to the retire ment system on salary comparable to his out-of-state teaching salary plus the applicable rate of interest in accordance with regu lations adopted by the Board of Trustees. The rate of member con tributions shall be 5%, the rate of employer contributions 6.83%, and the rate of interest thereon shall be the applicable accrued regular interest for all out-of-state service rendered prior to Jan uary 1, 1945 : Provided, that no member who receives or who is entitled to receive a pension or annuity from any other state, county, or municipality shall receive out-of-state prior service credit or membership service credit as set forth above. The Board of

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JOURNAL OF THE SENATE,

Trustees shall promulgate rules and regulations to carry out the proyisions of this Act.

Any provisions of this subsection to the contrary notwith standing, teachers who became members of the Teachers' Retire ment System prior to April 1, 1966, shall be permitted to establish credit for a maximum of ten years of service in other state school systems that permit retirement credit for teaching service rendered in Georgia public schools by paying eight per centum of such outof-state compensation that they received, plus applicable accumu lated interest in accordance with regulations adopted by the Board of Trustees, and such members may establish credit for a year of out-of-state service for each year of Georgia membership service rendered after the first five years of membership service."

Section 4. Said Act is further amended by striking from subparagraph (ii) of paragraph (a) of subsection (6) of Section 4 the following:

"3% percent",

wherever the same appears and inserting in lieu thereof the following:

"applicable accrued regular",

so that when so amended subparagraph (ii) of paragraph (a) of sub section (6) of Section 4 shall read as follows:

"(ii) Membership service credit shall be awarded for any period of active military service performed after January 1, 1945, provided said person shall pay the regular employee contribution of 5 per cent on the compensation last paid to him as a teacher before entering military service or 5 percent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus applicable accrued regular interest on said employee contributions, compounded annually to date of payment, for any period of active military service between January 1, 1945, and July 1, 1961, and at the rate of 6 percent on the compensation last paid to him as a teacher before entering military service or 6 percent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus applicable accrued regular interest on said employee contributions, compounded annually to date of payment, for any period of active military service subsequent to July 1, 1961."

Section 5. Said Act is further amended by striking from subsection (10) of Section 5 the following:

"accrued interest at the rate of three and one-half (3%%) percent compounded annually",

and inserting in lieu thereof the following:

WEDNESDAY, FEBRUARY 4, 1976

557

"applicable accrued regular interest",

so that when so amended subsection (10) of Section 5 shall read as follows:
"(10) Any other provisions of this Act to the contrary not withstanding, the right of the service retirement benefit under the provisions of this Act shall vest in a member who withdraws from service prior to attaining age sixty, providing said member shall have completed at least ten years of creditable service and has not withdrawn his contributions. Said member shall, upon filing an application as provided in this Act, become entitled to service retirement benefit upon his attainment of the age of sixty or at his option at any date subsequent thereto. The service retirement benefit of any such member shall be as set forth in the Act based on the total credits accrued at the date of his withdrawal from service, or if such member shall die before filing such application, the maximum benefits payable shall be limited to the member's accumulated contributions at the time of his withdrawal from service, and nothing in this Act shall be construed as providing for any benefits prior to attaining age sixty other than a return of the contributions in case of death. Any other provisions of this Act to the contrary notwithstanding, the provisions of this subsection shall inure retroactively to the benefit of all members who com pleted at least twenty years creditable service prior to January 1, 1954, and who have not withdrawn their contributions. In case a member returns to active service in the public schools or University System of Georgia for one year or more prior to age sixty (60), he may reestablish such credits that he had at the time he with drew from active service and such credits in which the member had a vested right to a service retirement benefit under this sub section, by paying a fee of twenty-five (25%) percent of his last annual salary prior to freezing his credits or the applicable accrued regular interest on his annuity account from the date of freezing to date of payment, whichever is greater."
Section 6. Said Act is further amended by striking the word "Teachers" where it appears at the beginning of subsection (1) of Section 9 and inserting in lieu thereof the following:
"Except as otherwise provided by subsection (4) of Section 3 of this Act, teachers",

so that when so amended subsection (1) of Section 9 shall read as follows:

"(1) Except as otherwise provided by subsection (4) of Section 3 of this Act, teachers in the service of an employer operating a local retirement fund shall not be members of the retirement system established in this Act and such teachers shall make no contribu tions to this retirement system and shall be eligible for pension benefits under this retirement system only as provided in this Section 9. If such a teacher retires under the provisions of his

558

JOURNAL OF THE SENATE,

local retirement fund and if at the time of his retirement he would have been eligible for service retirement under the provisions of this retirement system had be been a member, the Board of Trustees shall pay from this system to the managing board of the local retirement fund a pension equal to the pension for membership service which would have been payable under this system in respect of the part of his earnable compensation payable from State funds if such member had been classified as a member of this system immediately prior to the time of his retirement; and, if, as hereafter provided, he has a prior service certificate in full force and effect, the Board shall also pay the pension that would have been payable on account of the prior service accumulations certified thereon; provided that the excess of any such pension payable under this system over the retirement income provided by the local retirement fund by contributions of the employer, shall be payable to the re tired teacher, and not to the local retirement fund. It shall be the duty of the employers operating local retirement funds to report to the Board of Trustees annually or at such other intervals as shall be set by the Board, the earnable compensation paid from State funds of each teacher in their employ paid from State funds and such other information as may be needed for establishing the prospective benefit of the member."

Section 7. Said Act is further amended by striking from the begin ning of subsection (2) of Section 9 the following:

"Within ninety days prior to January 1, 1944, each",

and inserting in lieu thereof the following: "Each", and by inserting in the second sentence of said subsection (2) between the word, "System" and the word, "enter" the following:

", with the exception of those members who elect to continue their membership with this retirement system as provided for in subsection (4) of Section 3 of this Act,",

so that when so amended subsection (2) of Section 9 shall read as follows:

"(2) Each employer having a local retirement fund shall report to the Board of Trustees a complete list of all teachers in his employ, giving for each such teacher the date of birth, years of service, and salary, showing the amount of such salary which is paid from State funds and such other information as shall be needed by the Board of Trustees in order to establish for each teacher a prior service credit on account of the salary of such teacher paid from State funds, and such Board of Trustees shall then issue to such teacher a prior service certificate which shall continue in force so long as such teacher remains in the employ of such em ployer, or in the service of an employer not having a local retire ment fund, without a break in service which would have resulted in the cancelling of such certificate had the teacher been a member of such system. Should a member of the System, with the exception of those members who elect to continue their membership with this

WEDNESDAY, FEBRUARY 4, 1976

559

retirement system as provided for in subsection (4) of Section 3 of this Act, enter the employ of an employer operating a local retirement fund, he shall cease to contribute to this retirement system and become subject to the provisions of the local retirement fund but he shall not lose his previous accrued credits in the State Retirement System so long as he continues in the service of such employer, and he shall accrued additional credits on such part of his salary as is paid from State funds."

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

On the adoption of the substitute, the yeas were 32, nays 0, and the com mittee substitute to SB 449 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Pincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Brantley Dean of 6th

Duncan McDuffie

Tysinger

On the passage of the bill, the yeas were 51, nays 0.

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

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JOURNAL OF THE SENATE,

SB 451. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to provide for the retirement of members with less than 10 years of creditable service under certain circum stances.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM 254 Washington Street, S. W., Atlanta, Georgia 30334

January 16, 1976

MEMORANDUM

TO:

Mr. Ernest B. Davis, State Auditor

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: Senate Bill 451

This bill would permit members who reached the compulsory age of retirement under regulations adopted by an employer, or under the pro visions of the retirement act, to qualify for service retirement even though they had less than ten years of creditable service.

Since the members would in almost every case, be 65 years of age or older, and since the members and their employers would have made the necessary payments of member contributions and employer con tributions to the Teachers Retirement System and since we would expect the number of members who would qualify for benefits under this bill would be relatively small, we would think that the additional cost to the benefit program would be quite small if this bill were enacted into law. Since the cost would be relatively insignificant under the provisions of this bill, we would not ask for any increase in the employer contributions rate if this bill becomes law.

The Senate Committee on Retirement offered the following substitute to SB 451:
A BILL
To be entitled an Act to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for the retirement of members with less than 10 years of creditable service under certain circumstances; to provide for the determination of the retirement allowance for such retirement; 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:

WEDNESDAY, FEBRUARY 4, 1976

561

Section 1. An Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding a new paragraph at the end of subsection (1) of Section 5 to be designated paragraph (c) and to read as follows:

"(c) Subject to the requirements of paragraph (b) of sub section (2) of this Section, members who have less than 10 years of creditable service at the time they reach the compulsory age of retirement under regulations adopted by an employer or under the provisions of this Act, and who would not normally qualify for service retirement, shall be permitted to retire under this Section if the members are at least 60 years of age or older."

Section 2. Said Act is further .amended by adding at the end of paragraph (b) of subsection (2) of Section 5 a new undesignated para graph to read as follows:

"Upon retirement, the retirement allowance for members with less than 10 years of creditable service who qualify for service re tirement under the provisions of paragraph (c) of subsection (1) of this Section, shall be determined in accordance with the formula contained in this paragraph with the exception that no out-of-state, American Dependents' Schools or military service will be used in the calculation of retirement allowances and in cases where mem bers have less than five years of creditable service, the compensation that these members have earned and paid contributions on to the retirement system created by this Act shall be used to calculate the average salary to be used in the retirement allowance calculation. In the event the retirement allowance provided herein for members with less than 10 years of creditable service is less than the minimum retirement allowance provided for by paragraph (e) of this sub section, then such minimum retirement allowance shall be appli
cable to such members."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the com mittee substitute 'to SB 451 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell

Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 31st Doss Eldridge Fincher Foster

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JOURNAL OF THE SENATE,

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd

Langford Lester Lewis McDowell McGill Overby Reynolds Riley Robinson Russell Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Warren Young

Those not voting were Senators:

Bond Dean of 6th Duncan

Hudgins McDuffie Pearce

Traylor Tysinger

On the passage of the bill, the yeas were 48, nays 0.

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

SB 486. By Senators Turner of the 8th, Russell of the 10th, Timmons of the llth and others:
A bill to amend an Act creating an Advisory Board of the College of Veterinary Medicine of the University of Georgia, so as to change the membership of the Board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss

Duncan Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell Overby Pearce Reynolds Riley Robinson Russell Shapard

WEDNESDAY, FEBRUARY 4, 1976

563

Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Fincher

McDuffie

McGill

On the passage of the bill, the yeas were 52, nays 0.

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

SB 499. By Senator Langford of the 51st:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing the procedure for a review of assessments made by county boards of tax assessors and providing for county boards of equalization, as amended, so as to change the qualifications for members of county 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard
Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby

Voting in the negative was Senator Timmons.

Reynolds
Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Dean of 6th Gillis

McDuffie Pearce

Stephens

On the passage of the bill, the yeas were 50, nays 1.

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

Senator Reynolds of the 48th moved to withdraw the following bill of the Senate from the Committee on Transportation and commit to the Committee on Public Utilities:

SB 555. By Senator Hudson of the 35th:
A bill to amend Section 95A-622 of the Code of Georgia of 1933, as amended, which authorized the Department of Transportation to manage real property acquired for public road purposes, so as to provide that all leases of air rights to municipalities shall be for nominal consideration.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 555 was withdrawn from the Committee on Transportation and committed to the Committee on Public Utilities.

The following bills and resolutions of the Senate and House, favorably re ported by the committees, were read the third time and put upon their passage:

SB 501. By Senator Brown of the 47th:
A bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, as amended, so as to substitute a different standard of safety concerning the ability to sustain shock.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher

Foster Garrard Hamilton of 26th Hamilton of 34th Holley Holloway Howard

WEDNESDAY, FEBRUARY 4, 1976

565

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill

Overby Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Dean of 31st Duncan

Gillis Hill McDuffie

Pearce Timmons

On the passage of the bill, the yeas were 48, nays 0.

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

SB 503. By Senator Langford of the 51st:
A bill to amend Code Section 27-2510, relating to concurrent and con secutive sentences, so as to provide that in any case in which a person commits aggravated sodomy while confined in any penitentiary, county correctional institution, county or city jail, upon conviction, the sentence imposed for aggravated sodomy shall be served consecutively to the sentence then being served by such person.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill
Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

566

JOURNAL OF THE SENATE,

Those not voting were Senators:

Dean of 6th Duncan

Gillis Hill

McDuffie Riley

On the passage of the bill, the yeas were 50, nays 0.

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

SB 522. By Senator McDowell of the 2nd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to define certain terms; to prohibit taking of crabs under certain condi tions; to repeal conflicting laws.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Brantley

Dean of 6th Duncan

Gillis McDuffie

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 4, 1976

567

SB 523. By Senators Barker of the 18th, Gillis of the 20th, Robinson of the 27th and others:
A bill to amend an Act completely and exhaustively revising the laws of this State relative to game and fish, as amended, so as to authorize the use of compound bows for the taking of game 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th
Brown of 47th Carter Coverdell
Dean of 31st Doss
Eldridge Fincher
Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson
Kennedy Kidd Langford
Lester Lewis
McDowell McGill
Overby Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Tate Thompson Timmons
Traylor Turner
Tysinger Warren
Young

Those not voting were Senators:

Dean of 6th Duncan

Gillis McDuffie

Pearce Sutton

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 537. By Senators Doss of the 52nd, Riley of the 1st, Overby of the 49th and others: A bill to define and reaffirm the applicability of the doctrine of "sov ereign immunity" to the Board of Regents of the University System of Georgia; to provide that except to the extent that the General Assembly may hereafter provide.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Pincher Poster

Hamilton of 26th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Dean of 6th Garrard Gillis

Hamilton of 34th Hill Hudgins

McDuffie Pearce

On the passage of the bill, the ayes were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.
SR 71. By Senators Ballard of the 45th, Stephens of the 36th, Pearce of the 16th and Barnes of the 33rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Subsequent Injury Workmen's Compensation Trust Fund to be funded by monies derived from assessments levied against workmen's compensation insurance carriers and self-insurers in this State and from other sources; to provide for trustees; to provide for the collection, deposit, investment, and disposition of funds without the funds being placed in the State Treasury or being appropriated; to authorize appropriations; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, FEBRUARY 4, 1976

569

Section 1. Article VII, Section II of the Constitution is hereby amended by adding- at the end thereof a new Paragraph VII, to read as follows:

"Paragraph VII. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the creation of a Subsequent Injury Workmen's Compensation Trust Fund, to be used for the payment of a portion of the expenses of disability resulting to an employee from a combination of previous disability with subsequent injury incurred in employment. The General Assembly may provide that funding for such trust fund may be derived from assessments to be levied upon all insur ance companies writing workmen's compensation insurance in this State and all self-insurers, appropriations, gifts and donations, and other sources. The General Assembly may also designate the Trustees of the fund and may provide for the administration of the fund. The General Assembly may authorize collection, deposit and manage ment of funds, and may provide for the disposition of the funds for purposes stated hereinabove without being placed in the State Treasury."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to pro vide for the creation of a Subsequent Injury
( ) NO Workmen's Compensation Trust Fund, to be used for the payment of a portion of the expenses of a disability resulting to an employee from a combination of a previous disability with a sub sequent injury incurred in employment, to be funded by assessments levied upon workmen's compensation insurance carriers, self-insurers, and by other sources?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Garrard

Gillis Hill

McDuffie Turner

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SR 287. By Senators Doss of the 52nd and Broun of the 46th:
A resolution urging the Board of Regents to devise a plan providing for a continuing system to govern the salaries and salary increases of personnel employed by 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th

WEDNESDAY, FEBRUARY 4, 1976

571

Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell

McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th

Hudgins

McDuffie

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 465. By Representatives Shanahan of the 7th, Cole of the 6th, Adams of the 14th and others:
Senate Sponsor: Senator Holloway of the 12th.

A RESOLUTION
Proposing an amendment to the Constitution so as to delete there from the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, con struct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions; 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 VII, Paragraph V of the Constitu tion is hereby amended by deleting from the first paragraph thereof the following:
"and provided further that a majority of the registered voters of such county, municipal corporation or political subdivision af fected shall vote in said election,",
so that when so amended, the first paragraph of Paragraph V shall read as follows:

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"Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to pro vide funds for the purchase or construction, in whole or in part, of any revenue-producing facility with such county, municipal corpora tion or political subdivision is authorized by the Act of the General Assembly approved March 31, 1937, known as 'The Revenue Certifi
cate Laws of 1937,' as amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debt of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue antici
pation obligations issued to provide funds for the purchase, con struction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and dis tribution systems, together with all necessary appurtenances there of; provided further any revenue certificates issued to buy, con struct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision
( ) NO desiring to issue revenue certificates to buy, con struct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

WEDNESDAY, FEBRUARY 4, 1976

573

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.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Fincher Foster Garrard Hamilton of 26th Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators Barnes and Eldridge.

Those not voting were Senators:

Broun of 46th Dean of 6th

Gillis

McDuffie

On the adoption of the amendment, the yeas were 50, nays 2.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 493. By Representatives Howell of the 140th, Wood of the 9th, Cooper of the 19th and others:

Senate Sponsor: Senator Gillis of the 20th.

A RESOLUTION
Proposing an amendment to the Constitution so as to allow a Gov ernor to succeed himself for one four-year term; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

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JOURNAL OP THE SENATE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article V, Section I of the Constitution is hereby amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Governor; Term of Office; Salary, Etc. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving at the time of the adoption of this amendment and future Governors shall be eligible to succeed themselves for one four-year term. In the event a Gov ernor succeeds himself he shall not again be eligible to hold the office of Governor. In the event a Governor does not succeed himself he shall not be eligible to hold the office of Governor until after the expiration of four years from the conclusion of his term. No Governor shall receive any emolument from the United States, or either of them, or from any foreign power. The State officers, re quired by this Constitution to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

YES Shall the Constitution be amended so as to allow NO a Governor to succeed himself for one four-year
term?"

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 Para graph of the Constitution, it shall become a part of the Constitution of this State.

Senator Robinson of the 27th moved to commit HR 493 to the Committee on Economy, Reorganization and Efficiency in Government with instructions to consider four-year terms for members of the General Assembly.

Senator Gillis of the 20th moved the previous question.

The President ruled that the motion calling for the previous question takes precedence.

WEDNESDAY, FEBRUARY 4, 1976

575

On the motion of Senator Gillis of the 20th for the previous question, the yeas were 32, nays 19, and the motion prevailed.

Senator Warren of the 43rd moved to table HR 493.

On the motion to table, the yeas were 14, nays 33, and the motion of Senator Warren of the 43rd to table HR 493 was lost.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th
Carter Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Kennedy Kidd Langford Lester Lewis McDowell
McGill Overby

Those voting in the negative were Senators:

Ballard Bell Coverdell Holley

Hudgins Hudson Robinson Shapard

Those not voting were Senators:

Dean of 6th

Howard

Pearce Reynolds Riley Russell Starr Stephens Stumbaugh Summers Tate Thompson Timmons Turner Young
Sutton Traylor Tysinger Warren
McDuffie

On the adoption of the amendment, the yeas were 41, nays 12.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Senator Robinson of the 27th gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting HR 493.

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JOURNAL OF THE SENATE,

SB 444. By Senator Langford of the 51st:
A bill to add one additional judge of the superior courts of the Cherokee Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.

Senators Dean of the 31st and Doss of the 52nd offered the following amendment:
Amend SB 444 by striking from line 3 of Page 1 the following:
"the appointment of such additional judge by the Governor",
and inserting in lieu thereof the following:
"the election of such additional judge".
By striking Section 2 on line 21 of Page 1 through line 12 of Page 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Said additional judge shall be elected in the gen eral election to be conducted in 1976. Such judge shall take office on January 1, 1977. His successor shall be elected in the manner pro vided by law for the election of judges of the superior courts of this State. Such judges shall serve for a term of office of four years beginning on the first day of January following their election, and until their respective successors shall have been elected and quali fied."

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter

Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Kennedy Kidd Langford Lester

WEDNESDAY, FEBRUARY 4, 1976

577

Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Dean of 6th

Duncan Hudgins

Hudson

On the passage of the bill, the yeas were 51, nays 0.

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

SR 260. By Senators Lester of the 23rd, Riley of the 1st, Tysinger of the 41st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of each county and municipality, subject to the approval of the electors of such political subdivisions, to exempt certain tangible personal property which is in transit from ad valorem taxation; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Consti tution is hereby amended by adding at the end thereof the following:
"The governing authority of each county and each municipality may, subject to the approval of the electors of each such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes, tangible personal property consisting of inventory of finished goods only which, on the first day of January, were stored in a warehouse and were at that time destined for transshipment to a destination outside the State of Georgia. The term 'finished goods' shall include goods, wares, and merchandise of every character and kind, but shall not include unrecovered or extracted natural resources, raw materials, or goods in the process of manufacture. In order to be exempt from such taxation, all tangible personal property that is claimed to be 'in transit' shall be designated as being 'in transit' upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inventory of

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JOURNAL OF THE SENATE,

all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such 'in transit' property, shall be at all times open to the inspection of all taxing authorities of this State and of any political subdivision of this State. Whenever the governing authority of any county or municipality wishes to exempt such tangible property from such ad valorem taxation, the respective governing authority shall notify the election superintendent of the 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 election superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. 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 ensuing calendar year, otherwise such exemption may not be granted.

If such exemption shall be authorized the governing authority of the political subdivision concerned may, if it deems it wise, pro vide that such property may be exempted in increments over a period of five years, so that in the first year of exemption, 20%
of the value of such property shall be exempted, and likewise in each year thereafter an additional 20% of the value of such prop erty shall be exempted. If any political subdivision shall exempt any such property or any portion thereof, such property shall be exempt from all State ad valorem taxation effective upon the date the exemption or partial exemption from local taxation is granted."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para
graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to au thorize the governing authority of each county
( ) NO and municipality, subject to the approval of the electors of such political subdivisions, to exempt certain tangible personal property which is in transit from ad valorem taxation?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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.

WEDNESDAY, FEBRUARY 4, 1976

579

Senator Lester of the 23rd offered the following substitute to SR 260:

A RESOLUTION
Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, pro mote business, and to provide incentives for the location of new and expanding manufacturing and processing facilities by providing that the governing authority of any county or municipality, subject to the approval of the electors of such political subdivision, may exempt from ad valorem taxation all or a part of the value of tangible personal property consisting of all or any combination of the following types of tangible personal property: inventory of raw materials, inventory of goods in process of manufacture, inventory of finished goods, and in ventory of finished goods in transit to a final destination outside the State of Georgia; to provide for a minimum period of exemption from taxation when the authority granted herein is exercised; to provide procedures for revocation of any exemptions granted; 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 hereby amended by adding at the end thereof the following:
"In order to encourage and enhance overall economic develop ment, increase employment, promote business, and to provide in centives for the location of new and expanding manufacturing and processing facilities, 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 pur poses, all or any combination of the following types of tangible personal property:
(1) inventory of raw materials used in production or manu facturing
(2) inventory of goods in the process of manufacture

(3) inventory of finished goods

(4) inventory of finished goods destined for shipment to a destination outside the State of Georgia.

Whenever the governing authority of any county or municipality
wishes to exempt such tangible property from ad valorem taxation as provided herein, 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

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JOURNAL OF THE SENATE,

political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify the type or types of property as defined herein proposed to be exempted from tax ation. The election superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call.

The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided herein may, by appropriate resolution, a copy of which shall be immediately transmitted to the State Revenue Commissioner, exempt from tax ation 20%, 40%, 60%, 80% or all of the value of such tangible personal property as defined herein. Provided, however, that once an exemption has been granted, no reduction in the per cent, of the value of such property to be exempted may be made until and un less such exemption is revoked or repealed as provided herein. An increase in the per cent, of the value of the property to be ex empted may be accomplished by appropriate resolution of the gov erning authority of such county or municipality, and a copy thereof shall be immediately transmitted to the State Revenue Commissioner.

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 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; 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."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to pro vide that in order to encourage and enhance
( ) NO overall economic development, increase employ ment, promote business, and to provide incen tives for the location of new and expanding manufacturing and processing facilities the gov erning authority of any county or municipality, subject to the approval of the electors of such political subdivision, may exempt from ad va lorem taxation all or a part of the value of tangi ble personal property consisting of all or any combination of the following types of tangible personal property: inventory of raw materials, inventory of goods in process of manufacture,

WEDNESDAY, FEBRUARY 4, 1976

581

inventory of finished goods, and inventory of finished goods in transit to a final destination outside the State of Georgia?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

On the adoption of the substitute offered by Senator Lester of the 23rd, the yeas were 36, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th
Brown of 47th Carter
Coverdell Dean of 31st
Doss Eldridge Fincher
Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins
Hudson Kennedy
Kidd Langford
Lester
Lewis McDowell
McDuffie McGill
Overby
Pearce Reynolds

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Dean of 6th

Duncan

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Tray lor Turner Tysinger Warren Young
Sutton

On the adoption of the resolution, the yeas were 52, nays 1.

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JOURNAL OF THE SENATE,

The resolution, having received the requisite two-thirds constitutional major ity, was adopted by substitute.

The following bills of the Senate were taken up for the purpose of considering House action thereto:

SB 162. By Senators Fincher of the 54th and McDowell of the 2nd:
A bill to amend an Act, as amended, creating the Board of Examiners of Practical Nurses and regulating the practice of practical nursing, so as to delete the requirement that an applicant submit evidence of United States citizenship to the Board of Examiners of Practical Nurses.

The House substitute to SB 162 was as follows:
A BILL
To be entitled an Act to amend an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 333), as amended, creating the Board of Examiners of Practical Nurses and regulating the practice of practical nursing, so as to delete the requirement that an applicant submit evidence of United States citizenship to the Board of Examiners of Practical Nurses; to provide that the Board of Examiners of Practical Nurses shall issue a temporary license to applicants for registration pending the next meeting of said Board; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act approved March 2, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 333), as amended, creating the Board of Examiners of Practical Nurses and regulating the practice of practical nursing, is hereby amended, by striking Section 2 of said Act, relating to qualifica tions for licensure, in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. No person shall engage in the practice as a licensed practical nurse without obtaining license as hereinafter provided. All applicants for a license to practice as a practical nurse shall make application to the Joint Secretary of the State Examining Boards. An applicant for such license shall submit to the Board of Practical Nurses Examiners of Gorgia written evidence, verified by oath, that the applicant is at least 18 years of age, is of good moral character, is in good physical and mental health, has completed at least two years in high school or the equivalent thereof which is satisfactory to the Board, and has successfully completed the course of training for practical nurses approved by the Board. Provided, however, that the Joint Secretary, State Examining Boards, shall issue a temporary license to applicants for licensure by examination pursuant to Sec tion 3 of this Act, or to applicants for licensure without examination, pursuant to Section 5 of this Act. In the case of applicants for li-

WEDNESDAY, FEBRUARY 4, 1976

583

censure without examination, such temporary licenses shall be valid until the Board of Practical Nurse Examiners has processed the temporary license holder's application and has taken official action upon such application. No person issued a temporary license shall be eligible to receive a second temporary license. The Board of Exam iners of Practical Nurses of Georgia may adopt such reasonable rules and regulations as may be necessary to regulate the issuance of temporary licenses, to insure the competence of all persons practicing under such licenses, and to protect the public from the practice of nursing by persons unqualified under the terms and provisions of this Act."

Section 2. Nothing in this bill shall affect practical nurses now having licenses.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Senator Fincher of the 54th moved that the Senate disagree to the House substitute to SB 162.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 162.

SB 198. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Code Chapter 26-18, relating to theft, as amended, so as to change the penalty provisions relative to theft of services; to provide that any person breaking and entering an automobile with the intent to commit a theft or a felony shall be guilty of a felony; to provide for penalties.

The House amendment to SB 198 was as follows:
Amend SB 198 by striking the language on Page 1, lines 2 and 3 "so as to change the penalty provisions relative to theft of services;"
Striking Section 1 thereof; striking on Page 2, line 12, the language "Said Code Chapter is further" and substituting in lieu of said language the following:
"Code Chapter 26-18, relating to theft, as amended, is hereby"
and by then renumbering Sections 2 and 3 as Sections 1 and 2.

Senator Hudson of the 35th moved that the Senate agree to the House amend ment to SB 198.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 34, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 198.

SB 182. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to grant licensed medical practitioners the privilege of treating patients in certain public hospitals; to provide for exceptions.

The House substitute to SB 182 was as follows:
A BILL
To be entitled an Act to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to require a written explanation of refusal to grant or revocation of the privilege of treating patients in certain hospitals to be furnished to the medical practitioner; to provide certain time limitations within which applications for such privileges must be granted or denied; to specify the medical practitioners entitled to such explanation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, is hereby amended by adding at the end thereof a new Section, to be designated Code Section 88-1911, to read as follows:
"88-1911. Public hospitals; refusal or revocation of staff privileges, (a) Whenever any hospital owned or operated by the State, any political subdivision of the State or any municipality shall refuse to grant a licensed medical practitioner the privilege of treat ing patients in the hospital, wholly or in part, or revoke the privilege of a licensed medical practitioner for treating patients in such hos pital, wholly or in part, the hospital shall furnish, within ten days of such action, a written statement of the reasons therefor to the medical practitioner whose privilege has been refused or revoked.
(b) Whenever any licensed medical practitioner shall make application for permission to treat patients in any hospital owned or operated by the State, any political subdivision of the State or any municipality, the hospital shall act upon such application expeditiously and without unnecessary delay, but in no event shall final action thereon be taken later than sixty (60) days following receipt of the application. Provided, however, whenever the applicant is licensed by any governmental entity outside the continental limits of the United States, the hospital shall have 120 days to take action following receipt of the application. This subsection (b) shall apply solely to applications by licensed medical practitioners who are not members of the staff of the hospital in which privileges are sought

WEDNESDAY, FEBRUARY 4, 1976

585

at the time an application is submitted, and those not privileged, at such time, to practice in such hospital under a previous grant of privileges."

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 hereby repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 182.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 182.

Senator Overby of the 49th gave notice that on February 5, 1976, he would move that the Senate resolve itself into the Committee of the Whole Senate for the purpose of considering the following resolution of the Senate:

SR 245. By Senator Shapard of the 28th: A resolution censuring the Senator from the Sixth District.

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow.

At 12:30 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, February 5, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceedings has been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 1384. By Representatives Carnes of the 43rd, Marcus of the 26th, Brown of the 34th and others:
A bill to provide that purchasers at judicial sales need not tender cash, but, as an alternative, may tender a cashier's or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corp.

HB 1423. By Representatives Wilson and Cooper of the 19th, Harrison and Nix of the 20th and others:
A bill to amend an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State having a population of more than 1,000,000 so as to provide an alternative procedure for recommending the removal of a county from the provisions of said Act.

HB 1528. By Representatives Murphy of the 18th, Collins of the 144th, Shanahan of the 7th and others:
A bill to provide for the recall of each county and municipality within this State; to provide for petitions; to provide for the conduct of such recall elections; to provide for practices, procedures and requirements in connection with such recall elections.
HB 1346. By Representative Greer of the 43rd:
A bill to amend an Act creating the State Board of Dispensing Opticians and providing for the licensing of dispensing opticians so as to provide

THURSDAY, FEBRUARY 5, 1976

587

for additional training of dispensing opticians; to provide the proce dures connected therewith.

HB 1544. By Representatives Egan of the 25th, Walker of the 115th, Lane of the 81st and others:
A bill to amend an Act entitled "An Act to authorize the investment or reinvestment from time to time of the proceeds of bonds issued by any county, municipality, school district or other political subdivision of this State"; to define the securities in which such funds may be invested or reinvested.

HB 1138. By Representatives Dixon of the 151st and Thompson of the &3rd:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide the minimum container size which a retailer may sell.

HB 1431. By Representative McDonald of the 12th:
A bill to amend an Act establishing the qualifications for agents of the Georgia Bureau of Investigation, so as to provide that special contract investigators retained by the Director of the Georgia Bureau of Investi gation shall be considered employees of the Georgia Bureau of Investiga tion and shall have all the rights and privileges of such employees with certain exceptions.

HB 1394. By Representatives Dixon of the 151st and Miles of the 86th:
A bill to amend an Act relating to malt beverage taxes so as to provide for the authorization of distribution or sale of malt beverages in various container sizes by certain common carriers.

HB 1229. By Representatives Walker of the 115th, Lambert of the 112th, Culpepper of the 98th and others:
A bill to amend Code Chapter 69-3, relating to powers, duties and liabil ities of municipal corporations in general, as amended, so as to provide for practices, procedures, requirements and qualifications for the sale of property of municipal corporations.
HB 1334. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend Code Chapter 89-5, relating to vacancies and resignations of public officers as amended, so as to provide a procedure for suspend ing county officers from office pending the outcome of any direct appeal taken from conviction of a felony; to provide for appointment of tem porary officers.
HB 1456. By Representative McDonald of the 12th:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide for the appointment, demotion, and suspension

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JOURNAL OF THE SENATE,

of officers, troopers, communications officers and driver license exam iners of the Department of Public Safety.

HB 879. By Representatives Lambert of the 112th, Wood of the 9th, Carlisle of the 71st and Johnson of the 72nd:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flash ing or revolving blue lights so as to authorize certain private motor vehicles to operate with flashing or revolving red lights upon certifica tion of the necessity thereof by the State Director of Civil Defense to the Department of Public Safety; to provide an effective date.

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

SB 356. By Senator Fincher of the 54th:
A bill to amend an Act providing for the participation of certified regis tered nurse anesthetists in the administration of anesthesia, so as to change the provisions relating to the professional and educational stan dards of said nurses.

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

HB 164. By Representatives Jones of the 126th, Hudson of the 137th, Fraser of the 139th and others:
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 572. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Transporta tion, as amended, so as to specify the duties and powers of the enforce ment officers employed by the Department of Transportation; to pro vide for other matters; to provide an effective date. Referred to Committee on Transportation.
SB 573. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Peace Officers' Standards and Training Act, as amended, so as to redefine the terms "peace officer"

THURSDAY, FEBRUARY 5, 1976

589

and "law enforcement unit"; to provide for other matters; to provide an effective date.
Referred to Committee on Judiciary.

SB 574. By Senator Reynolds of the 48th:
A bill to provide for the nomination of property for inclusion in the National Register maintained by the Secretary of the Interior of the United States of America; to provide procedures for such nominations; to provide for notice to property owners, the general public, and certain State, county, and local officials. Referred to Committee on Transportation.

SB 575. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Transporta tion, as amended, so as to revise the definition of "public road"; to expand the Department of Transportation's authority to make contracts for the construction or maintenance of public roads; to revise the definition of "self-liquidating". Referred to Committee on Transportation.

SB 576. By Senator Kidd of the 25th:
A bill to amend Code Section 34-801, relating to the general primary, as amended, so as to provide that the general primary shall be held at the same time as the Presidential Preference Primary under certain condi tions. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 577. By Senator Overby of the 49th:
A bill to amend Code Section 27-2502, relating to determinate sentences, as amended, so as to provide for special sentencing in certain cases; to provide that persons so sentenced may be considered for parole at any time; to provide for practices and procedures. Referred to Committee on Judiciary.

SB 578. By Senator Kennedy of the 4th:
A bill to amend an Act known as the "Statewide Probation Act", as amended, so as to provide that as a condition of probation the court shall impose upon the probationer the payment of a fee of up to ten dollars ($10.00) per month to assist in defraying the expenses of supervising said probationer. Referred to Committee on Offender Rehabilitation.

SB 579. By Senator Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, super seding and consolidating the laws relating to the State Board of Correc-

590

JOURNAL OF THE SENATE,

tions and to prisons, public works camps and prisoners, so as to provide that it shall be unlawful for any person to obtain or procure for or give to a convict a weapon, intoxicating liquors, drugs or any other article or item without the consent of the warden or deputy warden.
Referred to Committee on Offender Rehabilitation.

SB 580. By Senators Timmons of the llth, Sutton of the 9th and Gillis of the 20th:
A bill to amend Code Chapter 73-1, relative to the sale of paints and linseed oil, so as to make it unlawful for any person, firm or corporation to distribute, sell or offer for sale within this State any paint used specifically for marking timber if such paint will not remain effective for a period of at least 12 months.
Referred to Committee on Agriculture.

SB 581. By Senator Pearce of the 16th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to provide for the furnishing of written reports relating to medical conditions and treatments; to provide for the inspection and copying of certain records. Referred to Committee on Transportation.

SB 582. By Senators Warren of the 43rd and Reynolds of the 48th:
A bill to revise, consolidate and modernize present laws relating to fi nancial responsibility of operators or owners of motor vehicles upon the highways of this State and to establish new laws relating thereto; to codify such laws as Title 68C of the Code of Georgia of 1933, as amended; to define terms used in this Title. Referred to Committee on Transportation.

SB 583. By Senators Turner of the 8th, Eldridge of the 7th, Lewis of the 21st and others:
A bill to amend Code Section 68B-207, relating to the application for the issuance of drivers' licenses of persons under 18 years of age, so as to provide for distinctive drivers' licenses issued to such applicants. Referred to Committee on Transportation.

SB 584. By Sentors Barker of the 18th, Banks of the 17th, Robinson of the 27th and others:
A bill to amend an Act known as "The Georgia Public Assistance Act of 1965", as amended, so as to provide that public medical assistance, known as medicaid, shall not be granted to any person who shall make a transfer of property for the purpose of obtaining or retaining eligi bility for such medical assistance.
Referred to Committee on Human Resources.

THURSDAY, FEBRUARY 5, 1976

591

SB 585. By Senator Barker of the 18th:
A bill to amend an Act providing that all meetings of any State depart ment, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, municipal corpora tion, board of education or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times.
Referred to Committee on Rules.

SB 586. By Senator Sutton of the 9th:
A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, as amended, so as to include real estate brokers within certain provisions of said Act. Referred to Committee on County and Urban Affairs.

SR 309. By Senators Stephens of the 36th, Hudson of the 35th and Brantley of the 56th:
A resolution proposing an amendment to the Constitution to create within Pulton County the Fulton County Industrial Authority; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.
SR 310. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State-owned real property located in Baldwin County, Georgia, to Mrs. Adele Louise Tucker and naming said real property the Adele Louise Tucker Park upon its reversion to the State. Referred to Committee on Public Utilities.
SR 311. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to provide that the homestead of each resident of each county and inde pendent school district who is 65 years of age or over and who has an income from all sources, not exceeding $10,000 per annum, shall be ex empt from all ad valorem taxation for education purposes levied for and in behalf of such school system. Referred to Committee on Banking, Finance and Insurance.
SR 313. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution to provide for the succession to office of any elected Constitutional Executive Officer upon a determination of physical or mental disability by the Supreme Court of Georgia; to provide for the submission of this amend ment for ratification or rejection. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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JOURNAL OF THE SENATE,

SR 314. By Senators Duncan of the 30th, Lester of the 23rd and Shapard of the 28th:
A resolution creating the Mental Retardation Study Committee. Referred to Committee on Human Resources.

SR 316. By Senator Kidd of the 25th:
A resolution commending Mr. James C. Hogan and designating the Ingram Building at Central State Hospital as the "Ingram-Hogan Building". Referred to Committee on Rules.

The following bills of the House were read the first time and referred to committees:

HB 164. By Messrs. Jones of the 126th, Hudson of the 137th, Praser of the 139th and others:
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served.
Referred to Committee on Offender Rehabilitation.

HB 879. By Representatives Lambert of the 112th, Wood of the 9th, Carlisle of the 71st and others:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights so as to authorize certain private motor vehicles to operate with flashing or revolving red lights upon certification of the necessity thereof by the State Director of Civil Defense to the Department of Public Safety; to provide an effective date.
Referred to Committee on Transportation.

HB 1138. By Representatives Dixon of the 151st and Thompson of the 93rd:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide the minimum container size which a retailer may sell. Referred to Committee on Consumer Affairs.

HB 1229. By Representatives Walker of the 115th, Lambert of the 112th, Culpepper of the 98th and others:
A bill to amend Code Chapter 69-3, relating to powers, duties and liabil ities of municipal corporations in general, as amended, so as to provide for practices, procedures, requirements and qualifications for the sale of property of municipal corporations.
Referred to Committee on Judiciary.

THURSDAY, FEBRUARY 5, 1976

593

HB 1334. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend Code Chapter 89-5, relating to vacancies and resignations of public officers as amended, so as to provide a procedure for sus pending county officers from office pending the outcome of any direct appeal taken from conviction of a felony; to provide for appointment of temporary officers. Referred to Committee on County and Urban Affairs.

HB 1346. By Representative Greer of the 43rd:
A bill to amend an Act creating the State Board of Dispensing Opticians and providing for the licensing of dispensing opticians so as to provide for additional training of dispensing opticians; to provide the pro cedures connected therewith. Referred to Committee on Human Resources.

HB 1384. By Representatives Carnes of the 43rd, Marcus of the 26th, Brown of the 34th and others:
A bill to provide that purchasers at judicial sales need not tender cash, but, as an alternative, may tender a cashier's or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corp. or the Federal Savings and Loan Insurance Corp.
Referred to Committee on Banking, Finance and Insurance.

HB 1394. By Representatives Dixon of the 151st and Miles of the 86th:
A bill to amend an Act relating to malt beverage taxes so as to provide for the authorization of distribution or sale of malt beverages in various container sizes by certain common carriers. Referred to Committee on Consumer Affairs.

HB 1423. By Representatives Wilson and Cooper of the 19th, Harrison and Nix of the 20th and others:
A bill to amend an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State having a population of more than 1,000,000 so as to provide an alternative procedure for recommending the removal of a county from the provisions of said Act. Referred to Committee on County and Urban Affairs.

HB 1431. By Representative McDonald of the 12th:
A bill to amend an Act establishing the qualifications for agents of the Georgia Bureau of Investigation, so as to provide that special contract investigators retained by the Director of the Georgia Bureau of Investi gation shall be considered employees of the Georgia Bureau of Investi-

594

JOURNAL OP THE SENATE,

gation and shall have all the rights and privileges of such employees with certain exceptions.
Referred to Committee on Judiciary.

HB 1456. By Representative McDonald of the 12th:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide for the appointment, demotion, and suspension of officers, troopers, communications officers, and driver license ex aminers of the Department of Public Safety. Referred to Committee on Rules.

HB 1528. By Representatives Murphy of the 18th, Collins of the 144th, Shanahan of the 7th and others:
A bill to provide for the recall of each county and municipality within this State; to provide for petitions; to provide for the conduct of such recall elections; to provide for practices, procedures and requirements in connection with such recall elections. Referred to Committee on County and Urban Affairs.

HB 1544. By Representatives Egan of the 25th, Walker of the 115th, Lane of the 81st and others:
A bill to amend an Act entitled "An Act to authorize the investment or reinvestment from time to time of the proceeds of bond issued by any county, municipality, school district or other political subdivision of this State"; to define the securities in which such funds may be invested or reinvested. Referred to Committee on Banking, Finance and Insurance.

The following reports of standing committees were read by the Secretary:

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 426. Do pass. SB 527. Do pass.
Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

THURSDAY, FEBRUARY 5, 1976

595

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 544. Do pass. HB 1360. Do pass as amended.
HB 1364. Do pass.
HB 1382. Do pass.
HB 1407. Do pass.
HB 1435. Do pass.
HB 1438. Do pass.
HB 1439. Do pass.
HB 1440. Do pass by substitute. Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:

Mr. President:

Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 508. Do pass by substitute.

SB 526. Do pass.

SR 73. Do. pass.

HB 903. Do pass.

HB 723. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the follow-

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JOURNAL OF THE SENATE,

ing bills and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 482. Do pass.
SB 545. Do pass. SB 562. Do pass. SR 299. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 494. Do pass by substitute. SB 540. Do pass. SB 542. Do pass as amended. SB 551. Do pass. SB 554. Do pass as amended. SB 557. Do pass. SB 559. Do pass. SR 257. Do pass. HB 1323. Do pass. HB 1348. Do pass. HB 1349. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Gillis of the 20th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources and Environmental Quality has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tion:
SB 69. Do pass as amended.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

THURSDAY, FEBRUARY 5, 1976

597

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:

Mr. President:

Your Committee on Public Utilities has had under consideration the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 285. Do pass by substitute.
Respectfully submitted, Senator Brown of the 47th District, Chairman

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 487. Do pass. SB 500. Do pass as amended.
Respectfully submitted, Senator Lester of the 23rd District, Chairman
Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the follow ing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 541. Do pass as amended. SB 564. Do pass. HB 1402. Do pass. HB 1339. Do pass. SB 435. Do pass by substitute.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

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JOURNAL OP THE SENATE,

SB 422. By Senators McDowell of the 2nd, Warren of the 43rd, Kidd of the 25th and others:
A bill to amend the Current Income Tax Payment Act of 1960, as amended, so as to require that taxpayers claim the actual number of dependency exemptions to which they shall be entitled.

SB 471. By Senators Reynolds of the 48th, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax Law", as amended, so as to change the provisions relative to certain exemptions for motor fuel of a type other than gasoline used for nonhighway purposes.

SB 547. By Senators Hudgins of the 15th, McDuffie of the 19th and Langford of the 51st:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to require the Insurance Commissioner to review credit insurance rates to determine if such rates meet certain minimum standards, if they comply with the Georgia Insurance Code, if they are reasonable, and if they are adequate but not excessive or unfairly discriminatory.

SR 282. By Senator Doss of the 52nd:
A resolution authorizing the conveyance of certain real property in Floyd County, Georgia.

HB 391. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Section 92-5902 of the Code of Georgia relating to tax returns by railroads and public utilities, so as to provide that said Code Section shall not be applicable to those persons or companies doing a water business.

HB 1370. By Representatives Carr of the 105th, Bray of the 70th, Coleman of the 118th and others:
A bill to amend an Act relating to a health insurance plan for State employees so as to authorize the State Personnel Board and the Gov ernor to increase the maximum permissible participation and contribu tion to the health insurance plan for employees by the State of Georgia.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker

Barnes Bell Brantley

Broun of 46th Brown of 47th Carter

THURSDAY, FEBRUARY 5, 1976

599

Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 3'4th Holley Howard Hudgins Hudson Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Bond Dean of 6th Duncan

Gillis Hill

Holloway Timmons

Senator Hudson of the 35th introduced as chaplain of the day, Captain Lewis Rabbitt, pilot for Eastern Airlines and Christian layman, of Red Oak, Georgia, who offered scripture reading and prayer.
SENATE CALENDAR Thursday, February 5, 1976
SB 208. Mental Health, Alcohol and Drug Abuse--single system of service (SUB)
SB 413. Registered Motor Vehicle--prohibit revealing name and address SB 436. Installment Loan Repayment--weekly installments SB 443. Teacher Sick Leave--maximum days accumulated SB 454. Jekyll Island State Park Authority--membership (AM) SB 461. Physicians' Motor Vehicles--provisions for flashing red light
(SUB) SB 462. Trustees--invest in guaranteed Small Business Administration
loans SB 463. Borrowing of $25,000 or More--interest rates (SUB) SB 473. Federal Intergovernmental Cooperation Act of 1968--legislative
intent SB 478. State Health Insurance--Personnel Board execute contracts SB 481. Personnel Board and Merit System--certain definitions SB 483. Adequate Program for Education--change food service provisions
(AM) SB 498. Board of Pardons and Paroles--change size

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JOURNAL OF THE SENATE,

SB 510. Armed Forces Reserve--circumstances for no driver's license SB 525. Employee Fringe Benefit Function--establish SB 532. Fraud in Obtaining Public Assistance--change offense SB 533. Burden of Proof in Superior Court--upon party filing appeal SB 536. Nonprofit Contractor Contracting with State Agency--certain
reports SB 543. Firearm Discharge on Sunday--repeal law making unlawful SR 252. Governor's Approval or Veto of Bill--time period (AM) SR 256. School Teacher Health Insurance Plan--earliest funding SR 283. Disabled Veteran Homestead Exemption--increase SR 284. Solar Energy Heating and Cooling System Property--ad valorem
tax exempt HB 1299. "Motor Carrier"--redefine
HB 1352. Motor Vehicle--Governor reciprocate agreement with other jurisdictions

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 208. By Senator Lester of the 23rd:
A bill to amend Code Chapter 88-6, relating to mental health, as amended, so as to provide a single system of services in the mental health and alcohol and drug abuse areas; to provide a short title; to provide a declaration of purpose; to provide definitions; to provide the powers and duties of the Department of Human Resources in the area of mental health.

The Senate Committee on Human Resources offered the following substitute to SB 208:
A BILL
To be entitled an Act to amend Code Chapter 88-6; to provide a declaration of purpose; to provide a statement of the policy, responsi bility and goals of the State in mental health and mental retardation; to provide definitions; to establish within the Department of Human Resources a Division of Mental Health and Mental Retardation and a Director thereof; to provide the powers and duties of the Department and the Division in mental health and mental retardation; to establish Community Mental Health and Mental Retardation Service Areas; to define the responsibility of County Boards of Health in planning mental health and mental retardation services; to provide for State and area mental health and mental retardation plans; to define the role of State institutions in mental health and mental retardation services; to provide for a unified system of mental health and mental retardation

THURSDAY, FEBRUARY 5, 1976

601

services; to provide for coordination with other health and social agencies; to provide the power of the Division of Mental Health and Mental Retardation of the Department of Human Resources to im plement delivery of mental health and mental retardation services; to establish State and Area Advisory Councils for mental health and mental retardation and the duties thereof; to provide for the financing of mental health and mental retardation services; to provide an effective date; to repeal a specific Act; to provide for severability; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 88-6, relating to Mental Health, is here by amended by striking said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter 88-6 to read as follows:

"Chapter 88-6. Mental Health and Mental Retardation Serv ices.

88-601. Declaration of Purpose, (a) It is the policy of the State of Georgia to provide adequate mental health and mental retardation services to all citizens of this State through the De partment of Human Resources and the County Boards of Health. It is further the policy of the State of Georgia to provide adequate mental health and mental retardation services through a unified system which encourages cooperation and resource sharing among service providers, both governmental and private. Further, the State of Georgia recognizes the responsibility for its citizens who are mentally ill, mentally retarded or suffer certain developmental disabilities, abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a co ordinated system of community facilities, programs, and services.

(b) It is the purpose of this Act to enable and encourage the Department of Human Resources and the County Boards of Health to develop comprehensive, preventive, early detection, rehabilitative, and treatment services; to improve and expand community pro grams for the disabled; to provide continuity of care through inte gration of county, area, regional, and State services and facilities for the disabled; to provide for joint services and the sharing of manpower and other resources; and to restructure the system of providing mental health and mental retardation services in the State of Georgia to make better use of the combined resources of the State and local communities and to remove the financial limita tions of the counties as a major obstacle in the development of effective community mental health and mental retardation pro grams.

(c) The provisions of this Chapter shall be liberally construed to achieve the foregoing objectives.

88-602. Definitions. Unless otherwise indicated by context, the terms used in this chapter shall have the following meaning:

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(a) 'Department' shall mean the Department of Human Re sources;

(b) 'Division' shall mean the Division of Mental Health and Mental Retardation of the Department;

(c) 'Commissioner' shall mean the Commissioner of the De partment;

(d) 'Director' shall mean the Director of the Division;

(e) 'County Board' shall mean a County Board of Health estab lished in accordance with the Georgia Code Chapter 88-2 or the Constitution of this State;

(f) 'Disability' shall mean mental or emotional illness; mental retardation; other neurologically handicapping conditions which require treatment similar to that for the mentally retarded; or the abuse, addiction to or dependence upon alcohol, narcotics or other drugs;

(g) 'The Disabled' shall mean any person or persons who have a disability;
(h) 'Mental Health and Mental Retardation Services' shall mean services to the disabled or services which are designed to prevent or ameliorate the effect of disability;

(i) 'Area' shall mean a Community Mental Health and Mental Retardation Service Area.
88-603. Powers and Duties of the Department and the Division. There shall be a Division of Mental Health and Mental Retardation within the Department of Human Resources and a Director thereof whose qualifications meet standards set by the Board of Human Resources. The Department through the Division shall:

(a) Establish, administer and supervise the State program for mental health and mental retardation;

(b) Direct, supervise and control the medical and physical care, treatment and rehabilitation provided by the institutions and programs under its control, management or supervision;

(c) Provide, promote and mandate written standards, rules and regulations as may be deemed necessary to effectuate the pur poses of this Chapter and which shall be the basis of State financial participation in programs;

(d) Have authority to contract for services with public or private hospitals; hospital authorities; medical schools, training and educational institutions; departments and agencies of the State;

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603

county or municipal governments; any person, partnership, corpora tion, association, public or private; the United States Government or the government of any other state;
(e) Establish and support programs for the training of profes sional and technical personnel;
(f) Conduct research into the causes and treatment of disability and into the means of effectively promoting mental health;
(g) Assign specific responsibility to one or more units of the Division for the development of a program for the prevention of disability which program shall have objectives and implementation plans including but not limited to the monitoring of completed and on-going research related to the prevention of disability, imple mentation of programs known to be preventive and testing, where practical, of those measures having a substantive potential for the prevention of disability;
(h) Assign specific responsibility to one or more units of the Division which unit shall develop programs designed to serve dis abled infants, children and youth and which unit shall, to the extent practicable, cooperate with the Department of Education and the University System of Georgia in developing such programs;
(i) Make and administer grants to County Boards to imple ment community mental health and mental retardation programs in accordance with approved area plans;
(j) Evaluate the efficacy of the State program through the regular assessment of the impact of the program upon individuals receiving treatment;
(k) Establish, operate, supervise and staff programs and fa cilities for the treatment of disability throughout the State of Georgia;
(1) Disseminate information setting forth available services and the facilities through which services may be obtained;
(m) Establish within the Division a unit which shall receive and consider complaints from individuals receiving services, make recommendations to the Director as a result of complaints received and assure that the rights of individuals receiving services are fully protected; and

(n) Exercise all powers and duties provided in this Chapter or which may be deemed necessary to effectuate the purposes of this Chapter.
88-604. Community Mental Health and Mental Retardation Service Areas. The Division shall with the approval of the Com missioner designate Community Mental Health and Mental Retarda-

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tion Service Areas within the State of Georgia for the purpose of organizing the planning for and delivery of mental health and mental retardation services. To the extent practicable the Com munity Mental Health and Mental Retardation Service Areas shall not subdivide any county unit, conflict with the health service areas established by the National Health Planning and Resources Development Act of 1974 (Public Law 93-641 [42 USC 300(k)]) or related areas established by federal legislation or regulation, or conflict with any districts established by the Department relating to the planning for or delivery of health services. In dividing the State into areas the Division shall take into consideration such factors as geographic boundaries, road and other means of trans portation, population concentrations, city, town and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the ex istence of facilities and personnel available in the areas for the delivery of mental health and mental retardation services.
88-605. Responsibility of County Boards in Planning. The County Boards in an Area shall jointly submit to the Division, to the Area Council, and to the appropriate Health Systems Agency a biennial plan at a time and in a manner determined by the Divi sion. Such plans shall include, by way of illustration without limita tion, the following:
(a) An estimate, categorized by age group, of the number of citizens residing in the Area who require mental health and mental retardation services as defined in Section 88-606 of this Chapter;
(b) A description of all physical facilities both governmental and private, available or which must be constructed to provide mental health and mental retardation services;
(c) An analysis of present physical facilities which may be converted to mental health and mental retardation facilities;

(d) An analysis of mental health and mental retardation pro fessional and other staff personnel available within the area;

(e) A description in order of priority of all proposed programs and services to be provided in the Area by the County Boards or by the Division which description shall specifically address, by way of illustration without limitation, those services set forth in Section 88-606(b) of this Chapter;
(f) A proposed staff roster of professional, technical, and other employees who must be hired to provide necessary services;
(g) An analysis of the opportunity for coordination of services with other agencies as provided in Section 88-609 of this Chapter;
(h) A statement of the means by which the Area Council created in Section 88-611 of this Chapter will be provided with staff assistance and its operating expenses will be defrayed; and

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605

(i) A detailed financial plan showing the costs of providing necessary services and all sources of revenue.

88-606. State and Area Mental Health and Mental Retardation Plans, (a) The Division shall notify the County Boards at least six months in advance of the date for submission of the plans re quired in Section 88-605 of this Chapter and shall assist the County Boards in the preparation of the plans.

(b) The Division shall formulate and publish biennially a State plan for Mental Health and Mental Retardation which shall take into account the area mental health and mental retardation plans submitted by the County Boards as required by Section 88-605 of this Chapter. The State Mental Health and Mental Retardation
Plan shall be comprehensive and shall include institutional and com munity services to the disabled. Services to be addressed in the State plan shall include, by way of illustration without limitation, the following:

(1) 'Out-patient Services' which are provided during day and early evening hours including diagnostic and evaluation services;

(2) 'Day and other Partial Hospitalization Programs' which are structured treatment services which provide alternatives to residential services and include detoxification centers, night or week end care and other mental health services;

(3) 'Day Training and Work Activity Centers' for the retarded or other disability groups;

(4) 'Residential Services' which are hospital in-patient units, group homes, respite care facilities, rehabilitation residences, family care homes, nursing homes, and other twenty-four hour treatment and care facilities for patients for whom out-patient or day treat ment services alone are not appropriate or feasible;

(5) 'Emergency Services' which are crisis intervention pro grams which include hospital emergency rooms, walk-in services, twenty-four hour counseling, and crisis visitation services;

(6) 'Consultation Services' to agencies, professionals, and others who are involved with mental health and mental retardation services including health professionals, schools, courts, law en forcement agencies, correctional and detention facilities, clergy, health and social service agencies, and other appropriate individuals or agencies;

(7) 'Education Services' to increase general awareness of serv ices available and provide workshops and other forums for the promotion of mental health;

(8) 'Training Services' to increase the mental health and mental retardation skills of employees and volunteers; and

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(9) All other services which may be added to the State pro gram upon determination of the Division.

(c) The plan shall further address appropriate means to pro vide continuity of care so to facilitate the movement of individuals receiving services from one element of service to another thereby eliminating to the extent possible obstacles and needless interrup tions in treatment.

(d) The plan shall further set forth the proposed annual budget of the Division taking into account all financial data supplied pur suant to Section 88-605(i) of this Chapter.

(e) The plan shall be submitted to the Department, the Gov ernor, the General Assembly, the State Advisory Council, the Area Advisory Councils, and the Statewide Health Coordinating Council.

(f) In the event that the Division modifies the provisions of an Area plan submitted in accordance with the provisions of Section 88-605, the Division shall upon request of the County Boards in the Area or the Area Council explain the considerations resulting in the modification.

(g) At such time as the State plan is submitted, the Division shall further submit an analysis of services provided, programs
instituted, progress made and the implementation of the prior plan during the previous two years which analysis shall measure the effectiveness and the efficiency of the methods of delivering services in ameliorating or preventing disability and restoring mental
health. This analysis shall further address the success of the Divi sion in coordinating services in accordance with the provisions of
Section 88-609 of this Chapter.

88-607. State Institutions. The Division shall direct all institu
tions under its jurisdiction and control to participate in the planning processes undertaken by the County Boards located in the service regions of the various institutions. The Division shall further direct all institutions under its jurisdiction and control to develop and execute written agreements with the County Boards in providing services in Community Mental Health and Mental Retardation Service Areas. Such agreement shall include methods for reducing unnecessary hospitalization in State institutions.

88-608. Unified System of Services. The County Boards and the Division shall assure that the State and area mental health and mental retardation services are a part of a unified mental health and mental retardation services program emphasizing community based services.

88-609. Coordination with other Agencies. To the maximum ex tent possible, services by the Division and County Boards shall be coordinated with judicial, correctional, educational, social and other health service agencies both private and public.

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607

88-610. Power of the Division to Implement Delivery of Mental Health and Mental Retardation Services. Notwithstanding any other provisions of law, the Director of the Division, with the con currence of the Commissioner and the Governor, is authorized to establish and administer area and community mental health and mental retardation programs on an emergency basis in the event one or more County Boards fail to assume responsibility for the establishment and implementation of an adequate program.

88-611. State and Area Advisory Councils, (a) The Governor shall appoint and provide staff assistance to a State Advisory Council for Mental Health and Mental Retardation. Such Council shall consist of no more than thirty but no less than fifteen mem bers who shall be representative of professional and lay individuals, organizations, and State agencies associated or involved with serv ices for the disabled and which members shall be fairly representa tive of all disability groups. The term of each member of the Council shall be for three years; provided, however, that of the members first appointed ten shall be appointed for one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The Director shall be an ex officio, non-voting member.

The provisions of this Section to the contrary notwithstanding, the Council shall not be appointed in any manner conflicting with Section 237 or other provisions of the Special Health Revenue Shar ing Act of 1975 (Public Law 94-63) or any regulations promulgated pursuant thereto.

The Council shall advise the Governor, the Board of Human Resources, the Department, the Division, and the Statewide Health
Coordinating Council as to the efficacy of the State mental health and mental retardation program, the need for mental health and mental retardation legislation, the need for expansion or reduction
of specific programs, and the need for specific changes in the State mental health and mental retardation program. The Council shall review and prepare written comments on proposed State plans and on standards, rules and regulations promulgated by the Division
which comments shall be submitted to the Director and to any other individual or agency deemed appropriate. The Council shall further receive and consider complaints and grievances submitted in writing by individuals, associations or agencies involved with the delivery or receipt of mental health and mental retardation services and shall, if deemed appropriate, make recommendations to the Gov ernor, the Board of Human Resources, the Department or the Division with respect to such complaints or grievances.

(b) There shall be created in each of the Areas established under Section 88-604 an Area Mental Health and Mental Retardation Advisory Council, hereinafter called 'Area Council', which shall consist of no more than thirty but no less than fifteen members and which membership shall be composed, where practicable, of indi viduals who reside in the area and who, as a group, represent the residents of the area taking into consideration their employment,

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age, sex, place of residence and other demographic characteristics of the area and which membership shall further be fairly representa
tive of all disability groups. The Area Council shall be appointed by the Director subject to the approval of the State Advisory Coun
cil. Appointments shall be made from individuals nominated by the District Health Director or the designee of the Director of the Division, which nominees shall reflect those criteria set out above.

The provisions of this Section to the contrary notwithstanding, the Area Council shall not be appointed in any manner conflicting with Section 201 or other provisions of the Special Health Revenue Sharing Act of 1975 (Public Law 94-63) or any regulations promul gated pursuant thereto. The term of each member of the Council shall be for three years; provided, however, that of the members first appointed ten shall be appointed for one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointments for unexpired terms. The Area Council shall have the following powers and duties:

(1) Review and comment on the Area plans required under Section 88-605 of this Chapter giving particular emphasis to as suring that all types of disability as defined in Section 88-602 (f) of this Chapter are adequately addressed and that the plan realisti cally considers financial support relative to the current program as well as long-term development;

(2) Submit to the State Advisory Council a written evaluation of the area plan within three months after receipt thereof:

(3) Hold meetings at least quarterly which shall be publicized in advance to encourage the attendance of Area residents and which shall be conducted in accordance with rules and procedures adopted by the Area Council to the extent that the Director has not promul gated rules in conflict therewith;
(4) Submit annual reports to the County Boards, the Division, the State Advisory Council and such other agencies or individuals deemed appropriate which report shall evaluate the effectiveness of mental health and mental retardation services in the area;

(5) Act as the representative of the citizens of the Area in regard to the mental health and mental retardation services;

(6) Receive and consider complaints and grievances submitted in writing by individuals, associations or agencies involved with the delivery or receipt of mental health and mental retardation services and, if deemed appropriate, make recommendations to the County
Boards in the area;

(7) Assure the highest achievable level of public awareness of available mental health and mental retardation services; and

(8) Visit regularly mental health and mental retardation fa-

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609

cilities which serve the Area to evaluate the effectiveness of the facilities in delivering services.

(c) To the extent practicable the Area Council shall be the sole advisory council for mental health and mental retardation services in the Area and the State Advisory Council the sole such Council for the State.

88-612. Financing, (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of mental health and mental retardation care through a unified system of services. To this end, the Department through the Division shall, to the maxi mum extent possible, allocate funds available for services so to pro vide an adequate mental health and mental retardation program available to all citizens of this State.

(b) Fees generated, if any, by State employees assigned to disability programs operated by County Boards shall be retained by the County Boards and applied against the cost of providing mental health and mental retardation services."

Section 2. Effective Date. All Sections of this Act shall become effective upon signature by the Governor.

Section 3. Specific Repealer. Georgia Laws 1964, p. 499, relating to the powers and duties of the Department in mental health and the establishment of mental health facilities is hereby repealed.

Section 4. Severability. In the event any section, subsection, sen tence, 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, sen tence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby 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 5. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McDowell of the 2nd offered the following amendment to the com mittee substitute:
Amend the substitute of the Committee on Human Resources to SB 208:
(1) By striking beginning on line 19 of Page 2, the following:
", abuse alcohol, narcotics, or other drugs".

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(2) By adding following the semicolon after the word "retardation" on line 22 of Page 3, the following:

(3) By striking on line 24 of Page 3, the following: ";or",
and by inserting in lieu thereof, the following: ", but shall not include".
(4) By adding following the word "contract" on line 18 of Page 4, the following:
"for the purposes of this Chapter". (5) By adding following the word "personnel" on line 26 of Page 4, the following:
"for the purposes of this Chapter". (6) By adding following the word "and" on line 25 of Page 7, the following:
"the means by which". (7) By striking on line 3 of Page 8, the following:
"take into account", and inserting in lieu thereof, the following:
"include".
(8) By striking on line 18 of Page 8, the following:
"detoxification centers,".
(9) By adding following the word "other" on line 14 of Page 9, the following:
"mental health and mental retardation".
(10) By adding following the word "care" on line 18 of Page 9, the following:
"to the disabled".

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611

(11) By striking subsection (f) beginning on line 31 of Page 9, which reads as follows:

" (f) In the event that the Division modifies the provisions of an Area plan submitted in accordance with the provisions of Sec tion 88-605, the Division shall upon request of the County Boards in the Area or the Area Council explain the considerations resulting in the modification.",

and inserting in lieu thereof, the following:

"(f) The Division may modify the provisions of an Area plan submitted in accordance with the provisions of Section 88-605, sub ject to the approval of the modifications by the County Boards in the Area."

(12) By adding following the word "made" on line 4 of Page 13, the following:
"only".

(13) By striking beginning on line 5 of Page 13, the following: "or the designee of the Director of the Division",
and inserting in lieu thereof, the following:
"and the County Boards in the Area".
(14) By adding following the word "for" on line 2, of Page 15, the following:
"such".

(15) By striking Section 3 beginning on line 13 of Page 15.
(16) By renumbering Section 4 as Section 3 and Section 5 as Section 4.

On the adoption of the amendment to the committee substitute, Senator McDowell of the 2nd called for the yeas and nays, and the call was not sustained.

On the adoption of the amendment offered by Senator McDowell of the 2nd to the committee substitute to SB 208, the yeas were 1, nays 37, and the amend ment was lost.

On the adoption of the committee substitute, the yeas were 38, nays 1, and the committee substitute was adopted.

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The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds

Voting in the negative was Senator McDowell.

Those not voting were Senators:

Dean of 6th Dean of 31st

Hamilton of 34th Hudson

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Timmons

On the passage of the bill, the yeas were 50, nays 1.

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

Senator Fincher of the 54th introduced the doctor of the day, Dr. Donald Thomas.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 413. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 68-205, relating to the registration of motor vehicles and applications therefor, as amended, so as to prohibit the State Revenue Commissioner and officials and employees of the State Revenue Department from revealing the names and addresses of persons

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613

who have registered motor vehicles, except under certain circumstances; to repeal conflicting laws.

The Senate Committee on Transportation offered the following substitute to SB 413:
A BILL
To be entitled an Act to amend Code Section 68-205, relating to the registration of motor vehicles and applications therefor, as amended, so as to prohibit the State Revenue Commissioner and officials and em ployees of the State Revenue Department from revealing the names and addresses of persons who have registered motor vehicles, except under certain circumstances; to provide the State Revenue Commissioner is authorized to make rules and regulations to issue telephone informa tion identifier numbers to applicants seeking license plate information by telephone, to prescribe application forms, to charge a license fee for said telephone information identifier numbers, to charge a fee for fur nishing license plate information by telephone and to charge a fee for furnishing license plate information in writing; to provide that such prohibitions and requirements shall not prohibit furnishing Motor Ve hicle Certificate of Title information, required to be maintained by Ga. Laws 1961, pp. 68, 75, as amended, (Code Section 68-410a), by telephone; to provide that such prohibitions and requirements shall apply to county tax collectors and commissioners, and their employees who are agents of the State Revenue Commissioner; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 68-205, relating to the registration of motor vehicles and applications therefor, as amended, is hereby amended by adding at the end of the caption of said Code Section the following:
"; revealing certain information prohibited; exceptions.",
and by designating the present provisions of said Code Section, following the caption thereof, as subsection (a) thereof and by adding at the end of said Code Section a new subsection (b) to read as follows:
"(b) Except as hereinafter provided, the State Revenue Com missioner and officials and employees of the State Revenue Depart ment shall not reveal the name or address of any person who has registered a motor vehicle to a member of the general public. The State Revenue Commissioner and officials and employees of the State Revenue Department may release the name and address of a person who has registered a motor vehicle to a member of the gen eral public when the request therefor is made in writing on an application form to be prescribed by regulation of said Commissioner. Such application form shall provide space for giving the reasons why the applicant needs or desires such information and for the name and address of the applicant. Neither the name nor address

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of a person who has registered a motor vehicle shall be given to a member of the general public by telephone unless the applicant has registered with the State Revenue Commissioner for the purpose of receiving said information by telephone. The State Revenue Com missioner is authorized to make rules and regulations to issue tele phone information identifier numbers to applicants seeking license plate information by telephone, to prescribe application forms, to charge a license fee for said telephone information identifier num bers, to charge a fee for furnishing license plate information by telephone and to charge a fee for furnishing license plate informa tion in writing. Nothing in his subsection shall be construed to prohibit the furnishing of Motor Vehicle Certificate of Title in formation, required to be maintained by Ga. Laws 1961, pp. 68, 75, as amended, (Code Section 68-410a), by telephone, or to prohibit the State Revenue Commissioner or officials or employees of the State Revenue Department from revealing the names and addresses of persons who have registered motor vehicles to law enforcement per sonnel by telephone or by other means of communication free of charge. The prohibitions and requirements of this subsection shall apply to county tax collectors and tax commissioners, and the em ployees of such officers, who are made agents of the State Revenue Commissioner pursuant to the provisions of an Act approved March 19, 1955 (Ga. Laws 1955, p. 659), as now or hereafter amended, and said agents and employees of said agents are prohibited from selling registration information."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the committee substitute to SB 413 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge

Poster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley
Holloway Howard Kennedy Kidd Langford Lester

Lewis McDowell McDuffie McGill Overby Pearce Reynolds
Riley Robinson Russell Shapard Starr Stephens

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615

Stumbaugh Summers Tate Thompson

Timmons Traylor Turner Tysinger

Warren Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Dean of 6th Dean of 31st

Duncan Fincher

Hudgins Hudson

On the passage of the bill, the yeas were 49, nays 1.

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

SB 436. By Senator Lester of the 23rd:
A bill to amend Code Section 57-116, relating to the repayment of in stallment loans, as amended, so as to provide for the repayment of loans in weekly installments; to provide for the interest rate on such loans.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

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Those not voting were Senators:

Carter Dean of 6th Dean of 31st

Duncan Hamilton of 26th Hill

Hudson Robinson

On the passage of the bill, the yeas were 48, nays 0.

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

SB 443. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State, as amended, so as to provide that teachers shall accumulate all unused sick leave from one school year to the next up to a certain maximum number of days.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Dean of 6th Dean of 31st

Hudson

Langford

On the passage of the bill, the yeas were 51, nays 1.

THURSDAY, FEBRUARY 5, 1976

617

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

SB 454. By Senator Kidd of the 25th: A bill to amend an Act known as the "Jekyll Island-State Park Authority Act", as amended, so as to change the membership of the Authority; to change the provisions relating to quorums.
The Senate Committee on Economy, Reorganization and Efficiency in Govern ment offered the following amendment:
Amend SB 454 by striking on Page 2, line 6, from Section 1, the words "Jekyll Island" and inserting in lieu thereof the following:
"Jekyll Island or Glynn County".

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment offered by the Committee on Economy, Reorganization and Efficiency in Government to SB 454 was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Dean of 6th Dean of 31st

Fincher Hill

Hudson Summers

On the passage of the bill, the yeas were 49, nays 0.

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

SB 461. By Senators Russell of the 10th and Timmons of the llth:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle other than law enforcement vehicles to be operated with flashing or revolving blue lights, as amended, so as to authorize physicians to operate their personal, private motor vehicles with flashing or revolving red lights under certain conditions.

The Senate Committee on Transportation offered the following substitute to SB 461:
A BILL
To be entitled an Act to amend an Act providing that it shall be unlawful for any motor vehicle other than law enforcement vehicles to be operated with flashing or revolving blue lights, approved April 6, 1972 (Ga. Laws 1972, p. 1092), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 583), and an Act approved April 24, 1975 (Ga. Laws 1975, p. 1188), so as to authorize physicians to operate their personal, private motor vehicles with flashing or re volving red lights under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing that it shall be unlawful for any motor vehicle other than law enforcement vehicles to be operated with flashing or revolving blue lights, approved April 6, 1972 (Ga. Laws 1972, p. 1092), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 583), and an Act approved April 24, 1975 (Ga. Laws 1975, p. 1188), is hereby amended by striking Section 2 in its entirety and in serting in lieu thereof a new Section 2, to read as follows:
"Section 2. It shall be unlawful for any person, firm or corpo ration to operate any motor vehicle with flashing or revolving red lights with the following exceptions:
1. motor vehicles belonging to any fire department;
2. certified emergency private motor vehicles belonging to volunteer firemen;
3. private motor vehicles certified as having a necessity for such operation by the State Director of Civil Defense to the Depart ment of Public Safety;
4. ambulances and motor vehicles belonging to a public utility corporation which have been designated by the Department of Public Safety as emergency vehicles; and

THURSDAY, FEBRUARY 5, 1976

619

5. private motor vehicles (which may only be equipped with a portable flashing or revolving red light) belonging to physicians en route to a medical emergency."

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 hereby repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the sub stitute offered by the Senate Committee on Transportation to SB 461 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Riley Russell Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Warren Young

Those voting in the negative were Senators :

Banks Barker

McDuffie Robinson

Shapard

Those not voting were Senators:

Dean of 6th Dean of 31st Duncan

Hill Hudson Summers

Turner Tysinger

On the passage of the bill, the yeas were 43, nays 5.

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

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JOURNAL OF THE SENATE,

SB 462. By Senators McDowell of the 2nd, Kidd of the 25th, Riley of the 1st and others:
A bill to amend Code Chapter 108-4, relating to powers, duties and liabilities of trustees, as amended, so as to provide that loans to small business firms guaranteed by the Small Business Administration shall constitute valid investments for certain institutions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Russell Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those voting in the negative were Senators:

Coverdell

Robinson

Shapard

Those not voting were Senators:

Dean of 6th Dean of 31st Fincher

Hill Hudson

Summers Tysinger

On the passage of the bill, the yeas were 46, nays 3.

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

The following general bill of the Senate, having been passed on January 23, 1976, reconsidered on February 2, committed to the Committee on Banking, Fi nance and Insurance on February 2, favorably reported on February 4, was put
upon its passage:

THURSDAY, FEBRUARY 5, 1976

621

SB 463. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to authorize borrowers to act freely and with out legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $25,000 or more, whether originally or by renewal or extension.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 463:
A BILL
To be entitled an Act to amend Code Section 57-119, relating to interest rates on loans of $100,000.00 or more, so as to authorize bor rowers to act freely and without legislative restriction or limitation as to interest rates in borrowing or obtaining or using sums of $15,000.00 or more whether originally or by renewal or extension; to delete the re quirements that the borrower shall not be charged an origination fee, prepayment penalty and certain delinquent charges; to provide that this Act shall not be construed to amend or repeal Code Section 57-118, relating to the interest rate which may be paid by certain corporations, as now or hereafter amended; to provide that this Act shall not be construed to amend or repeal either the Motor Vehicles Sales Finance Act, approved April 18, 1967 (Ga. Laws 1967, p. 674), as now or here after amended, or the Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as now or here after amended; 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. Code Section 57-119, relating to interest rates on loans of $100,000.00 or more, is hereby amended by striking the symbols and figure "$100.000", wherever the same may appear in said Code Section and inserting in lieu thereof the symbols and figure "$15,000.00", and by striking from the end thereof the following:
"nor an origination fee. That under no conditions shall the borrower be charged a prepayment penalty. That under no conditions shall a delinquent charge be assessed in excess of an annual rate of 18%",
so that Code Section 57-119, when so amended, shall read as follows:
"57-119. Notwithstanding any contrary provision of law, any person (and for the purpose of this Code Section, the term 'person' shall include but not be limited to individuals, a group of indi viduals, corporations, trusts, partnerships, limited partnerships, joint ventures, joint enterprises, joint arrangements, labor organiza tions, associations, or other entities of any nature whatsoever) may

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JOURNAL OF THE SENATE,

in writing agree to pay, and may pay, such rate of interest as such person may determine, contract for, or agree to, on any loan, any advance of money, any forbearance to enforce a claim for the col lection of money, any purchase price, any installment obligation or any obligation under which the principal balance to be repaid is $15,000.00 or more, or on any series of advances of money pursuant to a loan agreement or undertaking if the total principal balance to be repaid thereunder shall originally be $15,000.00 or more, or on any extension or renewal thereof, and as to any such transaction the claim or defense of usury by such person or its successor or anyone in its behalf is prohibited. There shall be no restrictions on the amount of interest which may be paid under the laws of the State of Georgia on any loan of $15,000.00 or more. That under no conditions shall the borrower be charged discount points."
Section 2. This Act shall not be construed to amend or repeal any of the following laws:
(a) Code Section 57-118, relating to the interest rate which may be paid by certain corporations, as now or hereafter amended.
(b) The Motor Vehicle Sales Finance Act, approved April 18, 1967 (Ga. Laws 1967, p. 674), as now or hereafter amended.
(c) The Retail Installment and Home Solicitation Sales Act, ap proved April 18, 1967 (Ga. Laws 1967, p. 659), as now or hereafter amended.

Section 3. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main 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 hereby 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 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Turner of the 8th offered the following amendment to the committee substitute:
Amend the substitute offered by the Committee on Banking, Finance and Insurance by striking the figure "15,00.00" where it appears on Page 1, line 5; Page 1, line 26; Page 2, line 21; Page 2, line 24; and Page 2 line 30 and inserting in lieu thereof

THURSDAY, FEBRUARY 5, 1976

623

"25,000.00".

Senator Barnes of the 33rd moved that SB 463 be committed to the Committee on Banking, Finance and Insurance.

On the motion to commit, the yeas were 14, nays 27, and the motion was lost.

On the adoption of the amendment offered by Senator Turner of the 8th to the committee substitute, the yeas were 37, nays 7, and the amendment was adopted.

Senator Barnes of the 33rd offered the following amendment to the committee substitute:
Amend the substitute offered by the Committee on Banking, Finance and Insurance by adding after "borrower" on line 31, Page 2 the fol lowing :
"or any other person".

On the adoption of the amendment offered by Senator Barnes of the 33rd to the committee substitute, Senator Ballard of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Coverdell

Doss Eldridge Foster Garrard Hill Hudgins Langford Overby Reynolds

Robinson Shapard Stephens
Stumbaugh Sutton Thompson Tysinger Warren

Those voting in the negative were Senators:

Brantley Carter Duncan Fincher Gillis Hamilton of 26th Hamilton of 34th Holley

Holloway Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Pearce Riley Russell Starr Tate Timmons Turner Young

Those not voting were Senators:

Dean of 6th Dean of 31st

Howard Hudson

Summers Traylor

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 26, nays 24, and the amend ment offered by Senator Barnes of the 33rd to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 44, nays 1, and the substi tute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Fincher Foster Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Stumbaugh Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barnes Eldridge Garrard

Hill Shapard Starr

Stephens Thompson

Those not voting were Senators :

Dean of 6th Dean of 31st

Howard Hudson

Summers

On the passage of the bill, the yeas were 43, nays 8.

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

Senator Gillis of the 20th assumed the Chair.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

THURSDAY, FEBRUARY 5, 1976

625

SB 473. By Senators Foster of the 50th, Overby of the 49th, Kidd of the 25th and others:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968 and creating the State Planning and Community Affairs Policy Board, as heretofore amended, so as to state the legislative intent of this Act.

Senator Reynolds of the 48th offered the following amendment:

Amend SB 473 by adding on line 18, Page 1 after the word "pro grams" the following: "except for those programs under the jurisdiction of the Department of Transportation"; and is further amended by adding on line 15, Page 7 after the word "area" the following: "except for those programs under the jurisdiction of the Department of Trans portation".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment offered by Senator Reynolds of the 48th was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge
Fincher
Foster
Garrard
Hamilton of 26th
Hamilton of 34th

Hill Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie
McGill
Overby
Reynolds
Riley
Robinson

Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner
Tysinger
Warren
Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bond Dean of 6th Dean of 31st

Duncan Gillis (presiding) Holley

Hudson Pearce Summers

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JOURNAL OP THE SENATE,

On the passage of the bill, the yeas were 46, nays 1.

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

The President resumed the Chair.

SB 478. By Senator Holloway of the 12th:
A bill to amend an Act relating to a health insurance plan for State employees, as amended, so as to authorize the State Personnel Board to execute a contract or contracts with one or more corporations licensed to transact business in this State.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell
Doss
Eldridge
Fincher
Foster
Garrard
Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Kennedy Kidd Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Tate
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Ballard Bell Dean of 6th Dean of 31st

Duncan Holley Hudgins Hudson

Stumbaugh Summers Sutton

On the passage of the bill, the yeas were 45, nays 0.

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

THURSDAY, FEBRUARY 5, 1976

627

SB 481. By Senators Hudgins of the 15th and Doss of the 52nd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, so as to change the provisions relative to certain definitions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 34th

Hill Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Those not voting were Senators:

Bell Bond Dean of 6th

Dean of 31st Duncan Gillis

Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Holley Hudson Summers

On the passage of the bill, the yeas were 47, nays 0.

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

SB 483. By Senator Starr of the 44th: A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change the provisions relating to food services.
The Senate Committee on Education offered the following amendment:
Amend SB 483 by adding on Page 1, on lines 7 and 22, and on Page 2, on line 12, after the word "children", the following:

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JOURNAL OF THE SENATE,

"and of maximizing participation and quality meals for all children".

On the adoption of the amendment, the yeas were 35, nays 0, and the com mittee amendment to SB 483 was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Dean of 31st Duncan

Gillis Holley Hudgins

Hudson Robinson Summers

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 498. By Senator Kidd of the 25th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to change the size of the State Board of Pardons and Paroles; to provide for the appointment of additional members and their terms of office.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 5, 1976

629

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th
Brown of 47th Carter Coverdell Doss Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Kennedy Kidd
Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh
Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators Eldridge and Sutton.

Those not voting were Senators:

Dean of 6th Dean of 31st

Duncan Holley

Hudson Summers

On the passage of the bill, the yeas 48, nays 2.

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

SB 510. By Senator Robinson of the 27th:
A bill to amend Code Section 68B-202, relating to persons who are ex empt from obtaining or having drivers' licenses, so as to provide that certain members of the reserve components of the Armed Forces of the United States shall be exempt from the requirements of having a driver's license 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Brantley

Broun of 46th Brown of 47th Carter

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JOURNAL OP THE SENATE,

Coverdell Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Dean of 6th Dean of 31st

Duncan Holley

Hudson Summers

On the passage of the bill, the years were 49, nays 0.

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

Senator Kidd of the 25th moved that the following bill be committed to the Committee on Economy, Reorganization and Efficiency in Government:

SB 525. By Senator Kidd of the 25th:
A bill to establish within State Government an Employee Fringe Benefits Function; to provide for a statement of legislative intent; to provide for a legislative charge; to provide for the staffing and funding of the function; to provide for the function's attachment to the State Merit System for administrative purposes.

On the motion to commit, the yeas were 31, nays 0; the motion prevailed, and SB 525 was committed to the Committee on Economy, Reorganization and Efficiency in Government.

At 12:30 o'clock P. M., the President announced the Senate would stand in recess until 2:00 o'clock P. M. today.

The President called the Senate to order.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

THURSDAY, FEBRUARY 5, 1976

631

Mr. President:

The House insists on its position in substituting the following bill of the Senate:

SB 214. By Senators Holloway of the 12th, Starr of the 44th, Riley of the 1st and others:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy.

Senator Overby of the 49th moved that the following resolution of the Senate be committed to the Committee of the Whole Senate:

SR 245. By Senator Shapard of the 28th: A resolution censuring the Senator from the Sixth District.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SR 245 was committed to the Committee of the Whole Senate.

Senator Overby of the 49th moved that the Senate resolve itself into the Committee of the Whole Senate to consider SR 245.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate resolved itself into the Committee of the Whole Senate to consider SR 245.

The President appointed Senator Overby of the 49th as Chairman of the Committee of the Whole Senate.

The Committee of the Whole Senate was dissolved.
The President resumed the Chair.
Senator Overby of the 49th, Chairman of the Committee of the Whole Senate, reported as follows:
"Mr. President, the Committee of the Whole Senate has had under consideration SR 245 and has instructed me, as its Chairman, to report the same back to the Senate, with the recommendation that the same 'do pass'."

The following resolution of the Senate, favorably reported by the committee, was put upon its adoption:

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JOURNAL OF THE SENATE,

SR 245. By Senator Shapard of the 28th: A resolution censuring the Senator from the Sixth District.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, Senator Holley of the 22nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hill Holloway Howard Hudson Lester McGill Overby Reynolds

Those voting in the negative were Senators:

Dean of 6th Hamilton of 34th Holley Hudgins Kennedy

Kidd Langford Lewis McDowell McDuffie

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren
Pearce Russell Tate Young

On the adoption of the resolution, the yeas were 42, nays 14, and the resolu tion was adopted.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A. M. tomorrow, and the motion prevailed.

At 9:35 o'clock P. M., the President announced the Senate adjourned until 10:00 o'clock A. M. tomorrow.

FRIDAY, FEBRUARY 6, 1976

633

Senate Chamber, Atlanta, Georgia Friday, February 6, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's pro ceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 1455. By Representative Lambert of the 112th:
A bill to amend an Act incorporating the City of White Plains in the County of Greene so as to change the terms of office of mayor and councilmen of said city; to change the term of office of the mayor pro tern.

HB 1525. By Representatives Wheeler and Foster of the 152nd:
A bill to provide for the election of members of the Board of Education of Bacon County; to provide for education districts and posts; to provide for the election of the Chairman and members of the Board.

HB 1546. By Representative Carrell of the 75th:
A bill to amend an Act creating a small claims court in and for each county of the State having a population of not less than 22,330 and not more than 23,500 so as to change the jurisdictional amount of the small claims court.

HB 1553. By Representatives Carter and Patten of the 146th:
A bill to amend an Act to consolidate all the laws chartering the City of Adel in the County of Cook and to grant a new charter to said city so as to change the corporate limits.

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JOURNAL OF THE SENATE,

HB 1574. By Representative Foster of the 152nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Camden County into the office of Tax Commissioner of Camden County approved Mar. 21, 1970 (Ga. Laws 1970, p. 3278), as amended, so as to change the compensation of the Tax Commissioner.

HB 1586. By Representative Foster of the 152nd:
A bill to amend an Act incorporating the City of Kingsland so as to provide for the numbering of positions of membership on the council; to stagger the terms of office of the councilmen; to provide for annual elections.

HB 1590. By Representatives Childs of the 51st, Davis, Tolbert and Floyd of the 56th and others:
A bill to abolish the offices of notary public ex officio justices of the peace in DeKalb County.

HB 1591. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to provide for qualifications to hold the office of justice of the peace in DeKalb County; to increase the qualifying fee for such office; to provide for current justices of the peace; to provide for the intent and application of this Act.

HB 1256. By Representative Lee of the 72nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954, as amended, so as to allow the Commissioner of the Department of Public Safety to authorize two solid colored marked vehicles per State Patrol Post.

HB 1391. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to regulate the distribution, sale, transportation, use and disposal of pesticides in the State of Georgia; to provide a short title; to provide for an enforcing official; to provide definitions; to describe misbranding; to specify prohibited acts; to provide for registration.

HB 1392. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to amend the Structural Pest Control Act approved March 7, 1955 so as to provide for additional definitions; to correct certain references in the membership of the Structural Pest Control Commis sion.

FRIDAY, FEBRUARY 6, 1976

635

HB 1393. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to regulate the application of pesticides by any means within the State of Georgia; to provide a short title; to provide an enforcing official; to provide a declaration of purpose; to provide for definitions; to provide for adoption of regulations.

HB 1529. By Representatives Mostiler of the 71st and Childers of the 15th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" so as to authorize the operation of a vehicle without a certificate of inspection for a period of time after a windshield is replaced on such vehicle.

HB 773. By Representatives Parrish of the 97th and Ware of the 68th:
A bill to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State so as to prohibit certain institutions and entities constituting or being part of the Farm Credit System and certain of their employees from being licensed to sell or solicit insurance.

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

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and others:
A bill to amend Code Title 27, relating to criminal procedures, as amended, so as to provide for discovery and inspection in criminal cases; to provide for orders; to provide for the inspection, copying and photo graphing of results of reports of physical or mental examinations and of scientific tests or experiments made in connection with the case, or copies thereof, within the possession, custody or control of the State's prosecuting attorney.

SB 345. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to amend Chapter 88-5 of the Code of Georgia, relating to hospitalization of the mentally ill, so as to provide for hearings for persons who are involuntarily committed to State facilities because of mental illness; to provide for the payment of the expenses of such hearings.

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

SB 434. By Senators McGill of the 24th, Turner of the 8th, Timmons of the llth and others:
A bill to amend an Act known as the "Georgia Biologicals Permit Act of 1966", so as to authorize the Commissioner of Agriculture to withhold

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JOURNAL OF THE SENATE,

from sale biologicals he deems hazardous when administered by other than accredited licensed veterinarians or persons approved by the State Veterinarian.

SB 459. By Senators McGill of the 24th, Turner of the 8th, Garrard of the 37th and others:
A bill to authorize the Commissioner of Agriculture to quarantine or detain animals, poultry, or animal and poultry products suspected of bearing or containing residue of substances that would cause the animal's resultant meat or the product to be unfit for human consumption and to authorize the Commissioner to destroy such unfit matter; to repeal conflicting laws.

SB 460. By Senators Russell of the 10th, Timmons of the llth, Turner of the 8th and others:
A bill to amend an Act known as the "Department of Agriculture Regis tration, License and Permit Act", so as to provide that all license registration and permit certificates published by the Department of Agriculture shall, upon issuance, be permanent evidence of the pertinent license, registration and permit and to preclude the necessity of republication and reissuance of certificates for periodically renewable licenses, registrations and permits.

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

HR 549. By Representatives Tolbert, Davis and Floyd of the 56th and others:
A resolution creating the DeKalb County Property Appraisal Study Committee.

HR 584. By Representative Owens of the 77th:
A resolution proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Columbia County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Columbia County.

HR 590. By Representatives Davis and Tolbert of the 56th, Childs of the 51st and others:
A resolution proposing an amendment to the Constitution so as to pro vide that a vacancy in the office of justice of the peace in DeKalb County shall be filled by the Senior Judge of the Superior Court of DeKalb County appointing a successor to serve out the unexpired term.

HR 591. By Representatives Davis, Tolbert and Floyd of the 56th and others: A resolution proposing an amendment to the Constitution so as to in-

FRIDAY, FEBRUARY 6, 1976

637

crease the dollar amount of civil cases over which the justices of the peace in DeKalb County shall have jurisdiction.

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

HB 1249. By Representative Wall of the 61st:
A bill to be entitled an Act to provide that every person who withdraws blood from an individual or separates blood into components by physical processes shall affix to each container of such blood or components a label indicating whether the blood was obtained by purchase or donation.

The House has adopted the following resolution of the House:

HR 653. By Representatives Matthews of the 63rd, Russell of the 64th and Logan of the 62nd:
A resolution commending Forrest "Speck" Towns.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 587. By Senator Kidd of the 25th:
A bill to amend Code Section 34A-706, relating to municipal primaries and elections held at the time of general primaries and elections, so as to provide upon a certain date for end of terms and even-year length of terms for all municipal offices; to repeal conflicting laws.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 588. By Senator Pearce of the 16th:
A bill to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to change certain definitions; to provide for coverage for certain elected and appointed officials; to repeal conflicting laws. Referred to Committee on Industry, Labor and Tourism.

SB 589. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, so as to change the jurisdiction of the Small Claims Court of Baldwin County; to repeal conflicting laws. Referred to Committee on County and Urban Affairs.
SB 590. By Senators McDuffie of the 19th and Gillis of the 20th:
A bill to add one additional judge of the superior courts of the Oconee Judicial Circuit of Georgia; to provide for the appointment of such

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additional judge by the Governor; to provide for the election of suc cessors to the judge initially appointed; to repeal conflicting laws.
Referred to Committee on Judiciary.

SB 591. By Senator Kidd of the 25th:
A bill to create and establish a Small Claims Court of Hancock County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of such small claims court; to repeal conflicting laws. Referred to Committee on County and Urban Affairs.

SB 592. By Senator Kidd of the 25th:
A bill to repeal an Act creating and establishing a small claims court in each county having a population of not less than 9,977 and not more than 10,140 according to the official United States Decennial Census of 1960 or any future such census, as amended; to provide an effective date; to repeal conflicting laws.
Referred to Committee on County and Urban Affairs.

SB 593. By Senators Hamilton of the 34th, Stephens of the 36th, Hudson of the 35th and others:
A bill to provide the circumstances and procedures under which certain provisions of Acts providing for the extension of corporate limits of municipalities shall become effective; to provide the procedures con nected therewith; to repeal conflicting laws.
Referred to Committee on County and Urban Affairs.

SB 594. By Senators Lester of the 23rd, Lewis of the 21st and Gillis of the 20th:
A bill to comprehensively revise and codify the laws of this State regu lating motor vehicle franchises, farm machinery franchises, and con struction equipment franchises; to repeal conflicting laws. Referred to Committee on Transportation.
SR 315. By Senator Broun of the 46th:
A resolution creating the Troubled Children Study Committee. Referred to Committee on Human Resources.
SR 317. By Senator Thompson of the 32nd:
A resolution proposing an amendment to the Constitution, so as to pro vide a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have net income not exceeding $6,000.00 for the immediately preceding taxable year; to provide for the submission of this amend ment for ratification or rejection. Referred to Committee on County and Urban Affairs.

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639

SR 318. By Senator Kidd of the 25th:
A resolution to create the Government Overview Committee; to provide for membership, duties, authority and power of said Committee; to provide for personnel; to provide for the issuance of subpoenas; to au thorize Committee members to administer oaths; to provide for contempt proceedings.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 319. By Senators Ballard of the 45th, Tysinger of the 41st and Barnes of the 33rd:
A resolution to create the Joint Workmen's Compensation Law Study Committee; to provide for the duties, powers and authorities of the Committee; to provide for technical and professional support; to pro vide for a report of Committee findings and recommendations. Referred to Committee on Industry, Labor and Tourism.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1455. By Representative Lambert of the 112th:
A bill to amend an Act incorporating the City of White Plains in the County of Greene so as to change the terms of office of mayor and councilmen of said city; to change the term of office of the mayor pro tern. Referred to Committee on County and Urban Affairs.

HB 1525. By Representatives Wheeler and Foster of the 152nd:
A bill to provide for the election of members of the Board of Education of Bacon County; to provide for education district:; and posts; to provide for the election of the Chairman and members of the Board. Referred to Committee on County and Urban Affairs.

HB 1546. By Representative Carrell of the 75th:
A bill to amend an Act creating a small claims court in and for each county of the State having a population of not less than 22,830 and not more than 23,500 so as to change the jurisdictional amount of the small claims court. Referred to Committee on County and Urban Affairs.

HB 1553. By Representatives Carter and Patten of the 146th:
A bill to amend an Act to consolidate all of the laws chartering the City of Adel in the County of Cook and to grant a new charter to said city so as to change the corporate limits. Referred to Committee on County and Urban Affairs.

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HB 1574. By Representative Foster of the 152nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Camden County into the office of Tax Commissioner of Camden County approved Mar. 21, 1970 (Ga. Laws 1970, p. 3278), as amended, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1586. By Representative Foster of the 152nd:
A bill to amend an Act incorporating the City of Kingsland so as to pro vide for the numbering of positions of membership on the council; to stagger the terms of office of the councilmen; to provide for annual elections. Referred to Committee on County and Urban Affairs.

HB 1590. By Representatives Childs of the 51st, Davis, Tolbert and Floyd of the 56th and others:
A bill to abolish the offices of notary public ex officio justice of the peace in DeKalb County. Referred to Committee on County and Urban Affairs.

HB 1591. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to provide for qualifications to hold the office of justice of the peace in DeKalb County; to increase the qualifying fee for such office; to provide for current justices of the peace; to provide for the intent and application of this Act. Referred to Committee on County and Urban Affairs.

HB 773. By Representatives Parrish of the 97th and Ware of the 68th:
A bill to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State so as to prohibit certain institutions and entities constituting or being part of the Farm Credit System and certain of their employees from being licensed to sell or solicit insurance. Referred to Committee on Banking, Finance and Insurance.
HB 1256. By Representative Lee of the 72nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954, as amended, so as to allow the Commissioner of the Department of Public Safety to authorize two solid colored marked vehicles per State Patrol Post. Referred to Committee on Transportation.
HB 1391. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to regulate the distribution, sale, transportation, use and disposal of pesticides in the State of Georgia; to provide a short title; to provide

FRIDAY, FEBRUARY 6, 1976

641

for an enforcing official; to provide definitions; to describe misbranding; to specify prohibited acts; to provide for registration.
Referred to Committee on Agriculture.

HB 1392. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to amend the Structural Pest Control Act approved March 7, 1955 so as to provide for additional definitions; to correct certain references in the membership of the Structural Pest Control Commission. Referred to Committee on Agriculture.

HB 1393. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to regulate the application of pesticides by any means within the State of Georgia; to provide a short title; to provide an enforcing official; to provide a declaration of purpose; to provide for definitions; to provide for adoption of regulations.
Referred to Committee on Agriculture.

HB 1529. By Representatives Mostiler of the 71st and Childers of the 15th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" so as to authorize the operation of a vehicle without a certificate of inspection for a certain period of time after a windshield is replaced on such vehicle. Referred to Committee on Transportation.

HB 1249. By Representative Wall of the 61st:
A bill to provide that every person who withdraws blood from an indi vidual or separates blood into components by physical processses shall affix to each container of such blood or components a label indicating whether the blood was obtained by purchase or donation. Referred to Committee on Human Resources.

HR 549. By Representatives Tolbert, Davis and Floyd of the 56th and others:
A resolution creating the DeKalb County Property Appraisal Study Committee. Referred to Committee on County and Urban Affairs.

HR 584. By Representative Owens of the 77th:
A resolution proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Columbia County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of busi ness in any area of Columbia County. Referred to Committee on County and Urban Affairs.

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HR 590. By Representatives Davis and Tolbert of the 56th, Childs of the 51st and others:
A resolution proposing an amendment to the Constitution so as to pro vide that a vacancy in the office of justice of the peace in DeKalb County shall be filled by the Senior Judge of the Superior Court of DeKalb County appointing a successor to serve out the uriexpired term. Referred to Committee on County and Urban Affairs.

HR 591. By Representatives Davis, Tolbert and Ployd of the 56th and others:
A resolution proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the justices of the peace in DeKalb County shall have jurisdiction. Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the Senate and House were read the second time:

SB 426. By Senators Coverdell of the 40th and Garrard of the 37th:
A bill to amend Code Chapter 87-2, relative to the elections on the issue of bonds by counties, municipalities, or other political subdivisions, as amended.

SB 435. By Senators McGill of the 24th, Gillis of the 20th, Young of the 13th and others:
A bill to amend Code Section 68-101, relative to the definition of certain words used with respect to licenses, registration and operation of motor vehicles, so as to exclude from the definition of the terms "motor vehicle" and "motorcycle" certain motorized bicycles.

SB 482. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to create the Georgia Council for the Arts and Humanities; to provide legislative findings and a declaration of policy; to provide for the appointment, terms, expenses, and removal of members of the council; to provide for meetings and officers of the council.
SB 487. By Senators Tate of the 38th, Barker of the 18th, Turner of the 8th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions permitting certain teachers an option of remaining a member or becoming a member of a local retire ment fund.
SB 494. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia certain criminal history record information to certain persons; to provide

FRIDAY, FEBRUARY 6, 1976

643

certain criminal history record information to certain persons; to provide a fee for such disseminations.

SB 508. By Senators Reynolds of the 48th, Riley of the 1st, Holloway of the 12th and others:
A bill to provide for the regulation of utility contractors; to create the State Board of Examiners of Utility Contractors; to provide a short title; to provide for a declaration of purpose; to provide definitions; to provide for the membership of said board; to provide for terms of office of members of the board.

SB 500. By Senator Langford of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to entitle Deputy Conservation Rangers employed by the Department of Natural Resources to certain payments for a disability due to an act of external violence or injury incurred in the line of duty.

SB 526. By Senator Kidd of the 25th:
A bill to amend an Act providing for an Advisory Council for personnel Administration, so as to provide for a declaration of purpose; to provide for a new method of qualifying for membership in the Advisory Council for Personnel Administration; to provide for authority and access of said Council.
SB 527. By Senators McGill of the 24th and Duncan of the 30th:
A bill to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, as amended.
SB 540. By Senator Bell of the 5th:
A bill to amend Code Section 26-293, relating to carrying a pistol or revolver without a license, so as to provide that the license to carry a pistol or revolver must be carried on the person; to provide an effective date.
SB 542. By Senator Kennedy of the 4th:
A bill to amend an Act fixing the salaries of the judges of the superior courts, as amended, so as to provide that each district attorney shall, after July 1, 1977, be authorized to employ a secretary for each assistant district attorney, as amended.
SB 545. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Child Support Recovery Act", so as to redefine "court order for child support"; to redefine "parent";

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to provide that the Department of Human Resources may initiate legal proceedings to establish the paternity of a child born out of wedlock for whom services under this Act are sought.

SB 541. By Senators Tysinger of the 41st and Timmons of the llth:
A bill to amend Code Title 68B, known as "The Driver's Licensing Act", so as to provide that certain persons need not be licensed; to provide that persons at least sixteen years of age shall be licensed upon completion of an approved course in driver education or training.

SB 551. By Senator Hamilton of the 34th:
A bill to prohibit the wearing of an official police uniform outside the jurisdiction of the police agency authorizing said uniform except on official police business or to or from the employment of the official.

SB 554. By Senator Hudson of the 35th:
A bill to provide that it shall be unlawful for any person to possess a firearm or knife having a blade of three or more inches during the com mission of any misdemeanor in which said firearm or knife was used; to provide for the punishment therefor.

SB 557. By Senator Garrard of the 37th:
A bill to amend an Act providing a new Criminal Code by adding a new Section 26-1507, so as to prohibit any person from injuring or interfer ing with the property of any company, municipality, or political sub division engaged in the manufacture, sale or distribution of electricity, gas, water, telephone, or other public services.

SB 559. By Senator Pearce of the 16th:
A bill to amend an Act providing for the fixing of support to be paid by the father of minor children where a final divorce decree contains no provisions governing the same and custody of such children is awarded to a third party or to the mother subsequently to the divorce decree.
SB 562. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Section 88-204, relating to the powers of county boards of health, as amended, so as to authorize county boards of health to make contracts and establish fees for the purpose of providing mental and other public health services; to provide no person shall be denied services on the basis of inability to pay.
SB 564. By Senator McGill of the 24th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to exclude certain vehicles ten or more years old from the operation of the Act.

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645

SR 73. By Senators Thompson of the 32nd, Barnes of the 33rd, Hamilton of the 34th and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of the members of the Public Service Commis sion; to provide for the submission of this amendment for ratification or rejection.

SR 257. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to create a Court of Criminal Appeals and to change the jurisdiction of the Supreme Court and the Court of Ap peals; to provide for the submission of this amendment for ratification or rejection.

SR 285. By Senator Langford of the 51st:
A resolution authorizing the conveyance of certain State-owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith.

SR 299. By Senator Fincher of the 54th:
A resolution creating the Study Committee to develop proposed legisla tion regarding Certification of Need for Health Facilities.

HB 723. By Representatives Cox of the 141st, Bargeron of the 83rd and Gammage of the 17th:
A bill to amend an Act creating the Board of Funeral Service and regu lating the practice of embalming and funeral directing so as to require that an applicant for a license as a funeral director hold a valid embalmer's license.

HB 903. By Representative Daugherty of the 33rd:
A bill to amend Code Title 34, known as the "Georgia Election Code" so as to require a certain affidavit in connection with qualifying for party nomination; to provide that making certain false statements shall constitute the crime of false swearing and to provide for penalties in connection therewith; to amend Code Title 34A, known as the "Ga. Municipal Election Code".

HB 1323. By Representatives Snow of the 1st, Bray of the 70th, Tucker of the 73rd and others:
A bill to amend Code Section 27-2506 relating to the punishment of mis demeanor offenses, as amended, so as to provide that a judge, in his dis cretion, may allow misdemeanor sentences of six months or less to be served during the nonworking hours of the defendant.

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JOURNAL OF THE SENATE,

HB 1339. By Representatives Smith of the 42nd, Smith of the 78th, Coleman of the 118th and others:
A bill to amend an Act permitting drivers' licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 so as to allow the use of drivers' licenses as bail in arrests for violation of certain traffic laws, except those in which a license may be suspended by the Commissioner of Public Safety for a first offense.

HB 1348. By Representatives Childs of the 51st, Russell of the 53rd, Hawkins of the 50th and others:
A bill to amend Code Section 74-9902, relating to the crime of child abandonment, as amended, so as to provide that the mother and the father of the child shall be competent witnesses in such cases.

HB 1349. By Representatives Childs of the 51st, Bray of the 70th, Tucker of the 73rd and others:
A bill to amend Code Section 30-202.1, making the grant of attorney's fees in cases involving alimony or divorce a final judgment, so as to authorize an attorney granted attorney's fees pursuant to said Code Section to bring an action in his own name to enforce such grant.

HB 1402. By Representatives Smith of the 78th and Hutchinson of the 133rd :
A bill to provide for the issuance of consular corps license plates free of charge; to provide for a short title; to provide for the year in which issuance of such plates shall begin.

SB 544. By Senators McDowell of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to provide that in certain municipalities, no person shall be em ployed or appointed to any position as the head of any department of the municipal government unless such person has been a resident of the municipality or county in which the municipality shall be located for at least twelve months.

HB 1360. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of Commissioner of Chattooga County so as to create a Board of Commissioners of Chattooga County.

HB 1364. By Representative Ware of the 68th:
A bill to create a new charter for the City of Hogansville, in Troup County, Georgia, heretofore made a body politic and corporate, by Act approved March 12, 1941 (Ga. Laws 1941, p. 1505) and previous Acts of the General Assembly of Georgia, and to reincorporate said city.

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647

HB 1382. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to authorize a stenographer to be present with the grand jury while witnesses are being examined in all counties of this State having a population of not less than 15,950 and not more than 16,500; to pro vide for the appointment and compensation of such stenographer.

HB 1407. By Representatives Matthews of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved March 3, 1965, as amended, so as to provide an option to certain Members of the Police and Fire Departments of the City of Athens with reference to an election of benefit under said Pension Plan.

HB 1435. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend an Act creating and establishing the State Court of Colquitt County, formerly known as the City Court of Colquitt County and the Civil and Criminal Court of Colquitt County so as to change the monthly and quarterly terms of said court.

HB 1438. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Bainbridge so as to change the penalty provisions relative to the violation of ordinances of the city.

HB 1439. By Representative Cox of the 141st:
A bill to amend an Act creating a Small Claims Court in Decatur County so as to change the jurisdiction of said court; to change the provisions relative to costs and fees.

HB 1440. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to abolish the office of coroner and create in lieu thereof the office of county medical examiner in all counties of this State having a population of not less than 90,000 and not more than 140,000.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bond Brantley Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins

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Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens

Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Young

Those not answering were Senators:

Bell Broun of 46th Gillis

Lester Russell Tate

Tysinger Warren

Senator Sutton of the 9th introduced the chaplain of the day, Rev. B. P. Peavy, pastor of the Buck Creek Baptist Church, Norman Park, Georgia, who offered scripture reading and prayer.

The following resolution of the House was read and adopted:

HR 653. By Representatives Matthews of the 63rd, Russell of the 64th, Logan of the 62nd and others: A resolution commending Forrest "Speck" Towns.
SENATE CALENDAR Friday, February 6, 1976
SB 532 Fraud in Obtaining Public Assistance--change offense SB 533 Burden of Proof in Superior Court--upon party filing appeal SB 536 Nonprofit Contractor Contracting with State Agency--certain
reports SB 543 Firearm Discharge on Sunday--repeal law making unlawful
(SUB) SR 252 Governor's Approval or Veto of Bill--time period (AM) SR 256 School Teacher Health Insurance Plan--earliest funding SR 283 Disabled Veteran Homestead Exemption--increase SR 284 Solar Energy Heating and Cooling Sys. Property-ad val. tax
exempt (AM) HB 1299 "Motor Carrier"--redefine HB 1352 Motor Vehicle-Governor reciprocate agreement with other juris
dictions SB 69 Steel Trap for Capturing Wild Animals--unlawful (AM) SB 422 State Income Tax--claim actual number of exemptions

FRIDAY, FEBRUARY 6, 1976

649

SB 471 Motor Fuel Other Than Gas for Nonhighway Purposes--tax SB 547 Credit Insurance Rates--certain minimum standards SR 282 Floyd County--conveyance of certain real property HB 391 Companies Doing Water Business--tax returns HB 1370 State Health Insurance Plan--maximum permissible participation
The President Pro Tempore, Senator Holloway of the 12th, assumed the Chair.
The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 532. By Senators Starr of the 44th and Fincher of the 54th:
A bill to amend an Act known as "The Georgia Public Assistance Act of 1965", as amended, so as to change the provisions relative to the offense of fraud in obtaining public assistance; to change certain penalties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, artd the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes
Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge
Fincher

Foster Garrard Hamilton of 26th Hamilton of 34th
Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell
McDuffie

Overby Pearce Reynolds Robinson
Russell Shapard Starr Stumbaugh Summers Button Tate Timmons Traylor Turner Tysinger
Warren

Those not voting were Senators:

Dean of 31st Gillis Holloway (presiding)

McGill Riley Stephens

On the passage of the bill, the yeas were 48, nays 0.

Thompson Young

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

SB 533. By Senator Lester of the 23rd:
A bill to amend 'Code Section 92-6912, relating to county boards of equalization, as amended, so as to provide the burden of proof in the superior court shall be upon the party filing the appeal; to provide that the burden of proof shall be upon the party filing the first appeal in the event both parties appeal.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Barker Dean of 31st Hamilton of 34th

Holloway (presiding) Howard

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Riley Timmons

On the passage of the bill, the yeas were 49, nays 0.

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

The President resumed the Chair.

SB 536. By Senator Pearce of the 16th: A bill to require State agencies to require certain reports and agree-

FRIDAY, FEBRUARY 6, 1976

651

ments from nonprofit contractors who contract with the State agency; to provide definitions; to specify the contracts subject to the provisions of this Act; to provide exceptions.

Senators Pearce of the 16th and Foster of the 50th offered the following substitute to SB 536:
A BILL
To be entitled an Act to require State agencies to require certain reports and agreements from nonprofit contractors who contract with the State agency; to provide definitions; to specify the contracts sub ject to the provisions of this Act; to provide exceptions; to require such nonprofit contractors to submit certain reports; to require such non profit contractors to submit annual summaries of activities and services; to prohibit certain activities by such nonprofit contractors; to provide for rules; to prohibit the transfer of public funds under certain circum stances; to provide penalties; to require State agencies to report certain information to the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. For the purposes of this Act, unless the context other wise clearly requires, the term:
(a) "State agency" means the State or any of its departments, boards, bureaus, commissions, authorities or other agencies.
(b) "Nonprofit contractor" means any individual, partnership, corporation, association, organization or similar entity which contracts with a State agency to provide services on a nonprofit basis. The term shall not include local governments or school systems or their agencies but shall include Area Planning and Development Commissions (APDC's) and Cooperative Education Service Agencies (CESA's).
Section 2. (a) Except as provided in subsection (b), all contracts between a nonprofit contractor and a State agency shall be subject to the provisions of this Act.
(b) The provisions of this Act shall not apply to the following:
(1) Contracts entered into after competitive bids including amend ments thereto; and
(2) Individual employment contracts.
Section 3. (a) A State agency before entering into a contract with a nonprofit contractor shall require the contractor to
(1) agree in writing to furnish the State agency, within 90 days

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of execution of the contract, with the report of an independent auditor covering the nonprofit contractor's total receipts and expenditures for the nonprofit contractor's previous fiscal year, which report shall meet the requirements of the Code of Federal Regulations, Title 34, Part 256 (hereinafter referred to as "34 CFR Part 256"), Appendix G "Standards for Grantee Financial Management Systems," Subparagraph 2.h. or the requirements of any successor federal regulations establishing uniform grantee audit requirements governing federal grants-in-aid;

(2) agree in writing to furnish annually the State Auditor and Stage agency with the information described in (1) so long as the non profit corporation receives funds from the State agency;

(3) agree in writing to provide on an annual basis concurrently with the report required in Section 3(a) (2) a summary statement, for each contracted program in operation during the nonprofit contractor's previous fiscal year, so long as the nonprofit corporation receives funds from the State agency, which report shall meet the requirements of 34 CFR Part 256, Appendix I "Monitoring and Reporting Program Per formance", Paragraph 3, or the requirements of any successor federal regulations establishing uniform program performance reporting re quirements governing federal grants-in-aid, a copy of which report shall be furnished to the State Auditor by the nonprofit corporation; and

(4) agree in writing to refrain from political activities, including endorsement of any political candidate or party, use of facilities for political gatherings, use of machinery, equipment, postage, stationery, or personnel in behalf of any candidate or any question of public policy subject to a referendum, unless such nonprofit contractor is required by law or State or federal regulation to make recommendations on such question of public policy, or the display of political posters, stickers, or other printed material.

(b) Where, during the nonprofit contractor's previous fiscal year, either

(1) there were in operation contracts from more than one State agency but no contracts or grants were in operation from any federal agency, then the reports required by Sections 3(a)(2) and 3(a) (3) prepared for the State agency with the predominant interest, as desig nated by the State Auditor, shall be accepted by the other State agency as fulfilling such requirements; or

(2) there were in operation contracts from one or more State agen cies and contracts or grants from one or more federal agencies and the nonprofit contractor was required to provide reports to the federal agencies which substantially comply with the requirements of Sections 3(a)(2) and 3(a)(3), then the State agency shall accept such reports as fulfilling such requirements.

(c) No State agency shall transfer to a nonprofit contractor any public funds from any source if the nonprofit contractor does not comply with the requirements of this Section.

FRIDAY, FEBRUARY 6, 1976

653

Section 4. (a) A nonprofit contractor which receives public funds from a State agency pursuant to a contract with the State agency and which after having received such funds does not comply with the pro visions of this Act shall be required to repay all such funds to the State agency and shall be prohibited from receiving funds from any State agency for a period of twelve months from the date of notification by the State agency of the failure to comply.

(b) This Section shall be cumulative to any other penalties appli cable to the misuse of public funds.

(c) The prohibition against receiving funds from any State agency contained in subsection (a) shall not apply to grants to Cooperative Education Service Agencies (CESA's) under Section 36 of the Ade quate Program for Education in Georgia Act (Ga. Laws 1974, p. 1045), as now or hereafter amended, or HUD-701 Planning Grants to Area Planning and Development Commissions.

Section 5. Each State agency prior to each regular session of the General Assembly shall submit to the General Assembly a report con taining the following information for the preceding fiscal year:

(a) the name of and address of each nonprofit contractor with which the State agency contracted; and

(b) the amount of public funds received by the nonprofit contractor from the State agency.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Pearce of the 16th offered the following amendment to the substitute:
Amend the substitute of Senators Pearce of the 16th and Foster of the 50th to SB 536 by striking in its entirety line 19 of Page 1 and substituting in lieu thereof the following:
"other agencies, except the Agricultural Commodity Commis sions as provided for and established under the 1969 Georgia Agri culture Commodities Promotion Act, Ga. Laws 1969, p. 763."

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment to the substitute to SB 536 was adopted.

On the adoption of the substitute offered by Senators Pearce of the 16th and Foster of the 50th, the yeas were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended.

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JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cover dell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Voting in the negative was Senator Warren.

Those not voting were Senators:

Dean of 31st

Riley

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Young
Timmons

On the passage of the bill, the yeas were 52, nays 1.

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

SB 543. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to repeal an Act entitled "An Act to provide that it shall be unlawful for any person to fire or discharge any firearm on Sunday; to provide for exceptions; to provide for a penalty; to repeal a specific law."

Senator Ballard of the 45th offered the following amendment:
Amend SB 543 as follows: (1) By striking word "repeal" in line (1) and inserting word "amend".
(2) By striking words "to repeal a specific law" on line (4).
(3) By striking all of (Section 1) and inserting in lieu thereof the following "Section":

FRIDAY, FEBRUARY 6, 1976

655

"L. It shall be unlawful for any person to willfully or wanton ly fire or discharge a firearm on Sunday. The provisions of this act shall not apply to (1) Persons who shall fire or discharge a fire arm in defense of person or property; (2) Law enforcement officers; and (3) Persons who shall fire or discharge a firearm at a firing range approved by and supervised by a state or National Gun Club".

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

Senators McDuffie of the 19th and Gillis of the 20th offered the following substitute to SB 543:
A BILL
To be entitled an Act to amend an Act providing that it shall be unlawful to discharge any firearm on Sunday, approved April 10, 1968 (Ga. Laws 1968, p. 1246), so as to provide a procedure whereby a county may exempt itself from the provisions of said Act; 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 that it shall be unlawful to discharge any firearm on Sunday, approved April 10, 1968 (Ga. Laws 1968, p. 1246), is hereby amended by adding between Sections 2 and 3 a new Section 2A to read as follows:
"Section 2A. The governing authority of any county may ex empt that county from the above provisions of this Act by the adoption of an ordinance or resolution, providing that the provisions of Sections 1 and 2 of this Act shall not be applicable in such county."
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 hereby repealed.
Senator Hudgins of the 15th offered the following amendment to the substitute offered by Senators McDuffie of the 19th and Gillis of the 20th:
Amend SB 543 by inserting on Page 1, line 5, after the word "Act;", the following language:
"to exempt landowners and certain individuals from the pro visions of this Act;";

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JOURNAL OF THE SENATE,

and

By inserting on Page 1, line 11, after the words "Section 2A", the following language:

"and Section 2B,";

and

By deleting on Page 1, line 17, the quotation mark (") immediately following the word "county.", and adding a new paragraph to be desig nated as "Section 2B", to read as follows:

"Section 2B. The provisions of this Act shall not apply to any landowner on his own land or to persons who have the permis sion of said landowner."

On the adoption of the amendment to the substitute, the yeas were 44, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Doss Duncan Eldridge Pincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

FRIDAY, FEBRUARY 6, 1976

637

Those voting in the negative were Senators:

Brown of 47th Kennedy

McGill

Sutton

Those not voting were Senators Dean of 6th and Dean of 31st.

On the passage of the bill, the yeas were 50, nays 4.

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

Senator McDowell of the 2nd moved that the following bill of the Senate be postponed until Tuesday, February 10.

SB 422. By Senators McDowell of the 2nd, Warren of the 43rd, Kidd of the 25th and others:
A bill to amend the Current Income Tax Payment Act of 1960, as amended, so as to require that taxpayers claim the actual number of dependency exemptions to which they shall be entitled.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 422 was postponed until Tuesday, February 10.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 214. By Senators Holloway of the 12th, Starr of the 44th, Riley of the 1st and others:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy.

Senator Holloway of the 12th moved that the Senate adhere to its disagree ment to the House substitute to SB 214 and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 214.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Holloway of the 12th, Riley of the 1st and Starr of the 44th.

658

JOURNAL OF THE SENATE,

The following bills and resolutions of the Senate and House, favorably re ported by the committees, were read the third time and put upon their passage:

SR 252. By Senators Kidd of the 25th, Garrard of the 37th, Stephens of the 36th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the time period during which the Governor may approve or veto bills and resolutions tendered to him; to provide, under certain specified condi tions, for a one-day legislative session to override the Governor's veto; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V, Section I of the Constitution, as amended, is hereby amended by striking Paragraphs XV and XVI in their entirety, and inserting in lieu thereof a new Paragraph XV to read as follows:
"Paragraph XV--Governor's Veto.--1. The Governor shall have the revision of all bills and resolutions passed by the General As sembly before the same shall become law, but two-thirds of each House may pass a law notwithstanding his veto. The Governor may approve any appropriation and veto any other appropriation, in the same bill, and the latter shall not become effectual unless passed by two-thirds of each branch of the General Assembly.

2. All bills and resolutions which have been passed by the General Assembly intended to have the effect of law shall be pre sented to the Governor. If such bill or resolution is not approved by the Governor within 30 days (Sundays excepted) after the ad journment of the General Assembly, it shall be law. In the event the bill or resolution is approved by the Governor before the ex piration of the applicable time period specified above, it shall be come law at the time of such approval.
3a. Whenever a bill or resolution has been vetoed by the Gov ernor, it shall be the duty of the Governor to transmit it to the presiding officer of the branch of the General Assembly in which it originated, together with a list of reasons, if any, for such veto.
3b. Except as hereinafter provided, if the General Assembly is in session at the time of the veto, the transmission of the bill or resolution by the Governor shall be made upon the date such bill or resolution is vetoed, and upon being received by the presiding offi cer of the branch of the General Assembly in which the bill or resolution originated, the veto-override procedure of Section 3d. of this Paragraph shall be followed.

FRIDAY, FEBRUARY 6, 1976

659

3c. If the General Assembly is not in session at the time of the Governor's veto or if the General Assembly is in session at the time of the veto but the bill or resolution is vetoed following the 30th day of any regular session during odd-numbered years or is vetoed following the 25th day of any special session, or is vetoed following the 25th day of any regular session during even-numbered years, the Governor shall transmit such bill or resolution to the presiding officers of both branches of the General Assembly, to gether with a list of reasons, if any, for such veto within 45 days (Sundays excepted) from the date of the adjournment of the General Assembly. The presiding officer of each branch of the General Assembly, within 60 days (Sundays excepted) after the adjourn ment of the General Assembly, shall determine as to each such vetoed bill or resolution whether at least 25% of the members of each branch desires a special session of the General Assembly for the purpose of overriding any such veto. Such determination by the presiding officers shall be made in a manner to be provided by laws passed by the General Assembly, which laws shall not be subject to veto by the Governor. If it is determined that less than 25% of either branch desires a special session to override the veto of any particular bill or resolution, such bill or resolution shall not again be presented to the General Assembly for the purpose of over riding the action of the Governor. If it is determined that at least 25% of each branch desires a special session to override the veto of any particular bill or resolution, the presiding officers of each branch shall call the General Assembly into special session in the State Capitol at 10:00 A.M. on the first Monday after the 65th day (Sundays excepted) following the date of the adjournment of the most recent session of the General Assembly. No such special session shall exceed one calendar day. No action shall be taken at such special session except the consideration of those bills or reso lutions of the last session which were vetoed and whose veto at least 25% of each house desired to override by means of such special session. During such special session, the veto-override procedure of Section 3d. of this Paragraph shall be followed.

3d. Upon a motion being adopted before adjournment by the branch of the General Assembly in which the bill or resolution originated, the vetoed bill or resolution shall be considered immedi ately by such branch for the purpose of overriding the veto. In the event the action of the Governor is overridden by two-thirds of the votes of such branch, the bill or resolution shall be immediately transmitted by the Secretary of or the Clerk of such branch to the other branch of the General Assembly. It shall be the duty of the presiding officer of such other branch of the General Assembly upon receiving such bill or resolution to dispense with all business
that is then being considered and then and there to consider and act upon such bill or resolution for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such branch of the General Assembly, such bill or resolution shall become law. In the event either branch of the General Assembly should fail to override the Governor's action on a bill or resolution, such bill or resolution shall not again be presented to the General Assembly of Georgia for the purpose of overriding the action of the Governor. In the event any local bill is enacted into law pursuant to the terms of

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this paragraph, the effective date of such bill shall be the date it was acted upon by the branch of the General Assembly last acting upon such bill. In the event any other bill or resolution is enacted into law pursuant to the terms of this paragraph, its effective date shall be determined as follows: If such bill or resolution specifies an effective date, it shall become effective upon the date specified or upon the date such bill or resolution was acted upon by the branch of the General Assembly last acting upon it, whichever is later. If such bill or resolution specifies no effective date and it becomes law on or after the 1st day of January and prior to the 1st day of July of a calendar year, it shall become effective upon the 1st day of July. If it specifies no effective date and becomes law on or after the 1st day of July and prior to the 1st day of January of the immediately succeeding calendar year, it shall become effective upon the date such bill or resolution was acted upon by the branch of the General Assembly last acting upon it or the said 1st day of January, whichever is earlier.

4. Nothing contained in this Paragraph shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Consti tution."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to change the time period during which the Gov-
( ) NO ernor may approve or veto bills and resolutions tendered to him and to provide, under certain specified conditions, for a one-day legislative session, to override the Governor's veto?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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 Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 252 by striking from Page 2, lines 9 and 17 and from Page 3, line 27 the following:
"3".

FRIDAY, FEBRUARY 6, 1976

661

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators :

Dean of 31st Duncan

Fincher Hudgins

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Russell Timmons

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.
SR 256. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others: A resolution urging the earliest funding practicable of the law autho rizing a health insurance plan for the public school teachers 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 President ordered a roll call, and the vote was as follows:

662

JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher
Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting1 were Senators:

Dean of 6th Dean of 31st

Duncan Hudgins

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 283. By Senators Hudson of the 35th, Riley of the 1st, Lewis of the 21st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; 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 IV of the Constitution is hereby amended by striking the figure "12,500.00" from the seventh paragraph of Article VII, Section I, Paragraph IV and inserting in lieu thereof the figure "25,000.00", so that the seventh paragraph of Article VII, Section I, Paragraph IV, when so amended, shall read as follows:
"Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $25,000.00 on his homestead which he owns and which he actually

FRIDAY, FEBRUARY 6, 1976

663

occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term 'disabled vet eran', as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled as a result of such service in the armed forces, due to loss, or loss of use, of both lower ex tremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to in crease the homestead exemption from $12,500.00
( ) NO to $25,000.00 for disabled veterans who have been disabled as a result of service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion with out the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge Fincher Foster Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Coverdell.

Those not voting were Senators:

Dean of 31st Garrard

Pearce Summers

Timmons

On the adoption of the resolution, the yeas were 50, nays 1.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SR 284. By Senators Foster of the 50th, Starr of the 44th, Banks of the 17th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from ad valorem taxation all or a part of the value of tangible property used in or as a part of any facility which property shall have been installed as a solar energy heating or cooling system, and all or a part of the value of tangible property consisting of machinery and equipment which is utilized in the construction or manufacture of such solar energy heating or cooling systems; to pro vide 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 IV of the Constitution is hereby amended by adding at the end thereof, the following:

FRIDAY, FEBRUARY 6, 1976

665

"The General Assembly shall be authorized to enact legislation to exempt from ad valorem taxation for State, county, municipal, or school purposes, or any combination thereof, all or a part of the value of tangible property used in or as a part of any facility which property shall have been installed as a solar energy heating or cooling system, and all or a part of the value of tangible property consisting of machinery and equipment which is actually utilized in the construction or manufacture of such solar energy heating or cooling systems. For the purposes of this subparagraph, solar energy heating or cooling systems shall mean and include all controls, tanks, pumps, heat exchangers, and other equipment used directly for the conversion of solar energy for heating or cooling a building, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for the above purposes. The General Assembly may provide by law the procedures for applying for the exemption au thorized by this subsection and for certifying property which is entitled to such exemption. The General Assembly may provide for the exemption of property pursuant to this subsection for a specific period of time or continually. This exemption shall expire December 31, 1990."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to exempt from ad valorem
( ) NO taxation tangible property used in or as a part of any facility which property shall have been installed as a solar energy heating or cooling system, and tangible property consisting of machinery and equip ment which is actually utilized in the construction or manufacture of such solar energy heating or cool ing systems?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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.

Senator Foster of the 50th offered the following amendment:

Amend SR 284 by striking on Page 2, line 2, the word "a", and

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JOURNAL OF THE SENATE,

by striking on Page 2, line 3, the word "building",

and

by striking on Page 2, line 5, the word "similar".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Coverdell.

Not voting were Senators Holley and Pearce.

On the adoption of the resolution, the years were 53, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

HB 1299. By Representatives Jackson, Whitmire and Wood of the 9th:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, as amended, so as to change the definition of the term "motor carrier".

FRIDAY, FEBRUARY 6, 1976

667

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill
Overby
Pearce

Those not voting were Senators:

Broun of 46th

Holloway

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Warren Young
Turner

On the passage of the bill, the yeas were 53, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and others:
A bill to amend Code Title 27, relating to criminal procedure, as amended, so as to provide for discovery and inspection in criminal cases; to provide for orders.

Senator Barnes of the 33rd moved that the Senate disagree to the House substitute to SB 144.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 144.

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JOURNAL OF THE SENATE,

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1352. By Representative Lambert of the 112th:
Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act approved March 27, 1941 (Ga. Laws 1941, p. 361), as amended, so as to provide that the Governor or his designees may enter into reciprocal agreements with other jurisdictions relative to motor vehicles.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby
Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Bond Duncan

Hudson McDowell

Pearce Traylor

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Robinson of the 27th introduced the doctor of the day, Dr. Jack Menendez.
The following general bill of the Senate, read the third time and committed to the Committee on Natural Resources and Environmental Quality on March 3, 1975, arid favorably reported by the committee was put upon its passage:

FRIDAY, FEBRUARY 6, 1976

669

SB 69. By Senator Hudgins of the 15th:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws of this State relative to game and fish, as amended, so as to provide that it shall be unlawful to own or use a trapping device commonly known and referred to as a "steel trap" for the purpose of capturing wild animals; to provide for a penalty.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend SB 69 by striking lines 5 through 8 on Page 1 in their entirety and inserting in lieu thereof the following:
"shall be unlawful to use trapping devices commonly known and referred to as 'steel traps' or 'leg-hold traps' for the purpose of capturing wild animals, except under certain circumstances; to provide for other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes."
By striking lines 16 through 22 on Page 1 in their entirety and inserting in lieu thereof the following:
"Section 80C. It shall be unlawful for any person to use trap ping devices commonly known and referred to as 'steel traps' or 'leg-hold traps' for the purpose of capturing wild animals, except with the written permission of the landowner or his designee or for the purpose of capturing rodents and destructive or dangerous ani mals. Any such traps shall be tended at least once each day during daylight hours. Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."

On the adoption of the amendment, the yeas were 45, nays 0, and the amend ment was adopted.

Senator Kennedy of the 4th offered the following amendment:
Amend SB 69 by inserting in the title after the word and semicolon "penalty;" on Page 1, line 7, the following:
"to provide for exceptions;".
By striking line 22 on Page 1 in its entirety and inserting in lieu thereof the following:
"punished as for a misdemeanor. The provisions of this Section shall not apply to the Fourth Senatorial District of Georgia as the Fourth Senatorial District was constituted on January 1, 1975."
On the adoption of the amendment, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Brown of 47th Carter Dean of 6th Doss Fincher Foster Garrard Gillis Holley Holloway

Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Tysinger Warren Young

Those voting in the negative were Senators :

Barker Barnes Brantley Coverdell

Eldridge Hamilton of 26th Hamilton of 34th Hill

Hudgins Pearce Sutton Turner

Those not voting were Senators:

Broun of 46th

Dean of 31st

Duncan

On the adoption of the amendment, the yeas were 41, nays 12, and the amend ment was adopted.

Senator Dean of the 6th offered the following amendment:
Amend SB 69 by inserting in the title after the word and semi-colon "penalty;" on Page 1, line 7, the following:
"to provide for exceptions;".
By striking line 22 on Page 1 in its entirety and inserting in lieu thereof the following:
"punished as for a misdemeanor. The provisions of this Section shall not apply to the Sixth Senatorial District of Georgia as the Sixth Senatorial District was constituted on January 1, 1975."

On the adoption of the amendment, the yeas were 45, nays 1, and the amend ment was adopted.
Senator Turner of the 8th offered the following amendment:
Amend SB 69 by adding a new Section 2 to read as follows:

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671

"Section 2. The provisions of this Act shall not apply to any person who places a steel trap on property owned by him indi vidually." ;

and

by renumbering Section 2 as Section 3.

Senator McDowell of the 2nd offered the following amendment to the amend ment offered by Senator Turner of the 8th:
Amend the amendment offered by Senator Turner of the 8th to SB 69 by adding these words "but shall attend these traps at least once during daylight hours each day."

On the adoption of the amendment, the yeas were 48, nays 0, and the amend ment to the amendment of Senator Turner of the 8th was adopted.

On the adoption of the amendment of Senator Turner of the 8th to SB 69, the yeas were 45, nays 0, and the amendment was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those voting in the negative were Senators:

Brown of 47th Eldridge

Fincher Kennedy

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Timmons

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JOURNAL OP THE SENATE,

On the passage of the bill, the yeas were 51, nays 5.

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

The following general bills and resolutions of the Senate and House, favor ably reported by the committees, were read the third time and put upon their passage:

SB 471. By Senators Reynolds of the 48th, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax Law", as amended, so as to change the provisions relative to certain exemptions for motor fuel of a type other than gasoline used for nonhighway purposes.
Senator Reynolds of the 48th offered the following amendment:
Amend SB 471 by inserting on Page 2, line 3, after the word "affidavit", the following:
"taken in good faith".

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passing of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr

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673

Stephens Stumbaugh Summers Sutton

Tate Thompson Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Duncan

Fincher

Timmons

On the passage of the bill, the yeas were 53, nays 0.

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

SB 547. By Senators Hudgins of the 15th, McDuffie of the 19th and Langford of the 51st:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to require the Insurance Commissioner to review credit insurance rates to determine if such rates meet certain minimum standards, if they comply with the Georgia Insurance Code, if they are reasonable, and if they are adequate but not excessive or unfairly discriminatory.

Senator Langford of the 51st offered the following amendment:
Amend SB 547 by striking Section 4, Page 3 in its entirety and re numbering Section 5 as Section 4.
On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Stephens Stumbaugh Summers

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JOURNAL OF THE SENATE,

Sutton Tate Traylor

Turner Tysinger Warren

Young

Those voting in the negative were Senators:

Barnes Hill

Shapard

Thompson

Those not voting were Senators:

Russell

Starr

Timmons

On the passage of the bill, the yeas were 49, nays 4.

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

Senator Hudgins moved that SB 547 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 547 was immediately transmitted to the House.

SR 282. By Senator Doss of the 52nd:
A resolution authorizing the conveyance of certain real property in Floyd 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Doss

Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th
Holley Holloway Howard Hudgins Hudson Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

FRIDAY, FEBRUARY 6, 1976

675

Starr Stephens Stumbaugh Summers

Tate Thompson Timmons Traylor

Turner Tysinger Warren Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Dean of 31st

Fincher

Hill

Duncan

On the adoption of the resolution, the yeas were 51, nays 1.

The resolution, having received the requisite constitutional majority, was adopted

HB 391. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Starr of the 44th.
A bill to amend Code Section 92-5902 of the Code of Georgia relating to tax returns by railroads and public utilities, so as to provide that said Code Section shall not be applicable to those persons or companies doing a water business.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell
Dean of 6th
Doss
Duncan
Eldridge
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd
Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton
Tate
Traylor
Turner
Tysinger
Warren
Young

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JOURNAL OF THE SENATE,

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Dean of 31st Fincher

Holloway Summers

Timmons

On the passage of the bill, the yeas were 50, nays 1.

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

HB 1370. By Representatives Carr of the 105th, Bray of the 70th, Coleman of the 118th and others:
A bill to amend an Act relating to a health insurance plan for State employees so as to authorize the State Personnel Board and the Governor to increase the maximum permissible participation and contribution to the health insurance plan for employees by the State of Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Foster
Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby
Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh
Summers
Sutton Tate
Thompson Timmons
Traylor Turner
Tysinger Warren
Young

Those not voting were Senators:

Dean of 31st

Fincher

Holley

FRIDAY, FEBRUARY 6, 1976

677

On the passage of the bill, the yeas were 53, nays 0.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A. M. Monday, February 9, and the motion prevailed.

At 12:30 P.M., the President announced the Senate adjourned until 10:00 o'clock A. M. Monday, February 9.

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JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia Monday, February 9, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today and was called to order by the President.

Senator Young of the 13th reported that the journal of Friday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
The following message was received from the House through Mr. Ellard, the Slerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1593. By Representative Crawford of the 5th: A bill to amend an Act incorporating the Town of Menlo so as to change the corporate limits of the jurisdiction of the mayor and council of said city.

HB 1603. By Representative Howell of the 140th: A bill to amend an Act creating the State Court of Miller County so as to change the salary of the judge of said court; to provide an effective date.
HB 1604. By Representatives Howell of the 140th and Cox of the 141st: A bill to amend an Act creating the small claims court of Seminole County so as to change the jurisdiction of said court; to change certain fees.
HB 1605. By Representatives Howell of the 140th and Cox of the 141st: A bill to amend an Act placing the clerk of the superior court of Semi nole County upon an annual salary so as to change the compensation of said clerk.

HB 1606. By Representatives Howell of the 140th and Cox of the 141st:
A bill to abolish the present mode of compensating the coroner of Semi nole County, known as the fee system; to provide in lieu thereof a salary;

MONDAY, FEBRUARY 9, 1976

679

to provide for the payment of the operating expenses of said office; to provide an effective date.

HB 1609. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of McDuffie County into the office of Tax Commissioner of McDuffie County so as to change the compensation provisions rela tive to the deputy and other personnel.

HB 1610. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide for cost of living increases for the Sheriff, the Clerk of the Superior Court and the Judge of the Pro bate Court of McDuffie County.

HB 1611. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act repealing an Act creating a Commissioner of Roads and Revenues for McDuffie County and creating a three member Board of Commissioners for McDuffie County so as to change the com pensation of the chairman and members of said board.

HB 1612. By Representative Dover of the llth:
A bill to provide for the election of the members of the Board of Educa tion of Habersham County to provide for other matters relative thereto; to provide for a referendum; to repeal conflicting laws.

HB 1631. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County so as to change the compensation of the Chairman of the Board of Commissioners of Clayton County.

HB 1632. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act creating and establishing a Small Claims Court in and for Bacon County so as to change the residency requirements of the judge of said court.

HB 1635. By Representative Owens of the 77th:
A bill to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to provide for the charging and collecting of mailing fees by the clerks of the superior courts in all counties of this State having a population of not less than 22,325 and not more than 22,330 according to the U.S. Decennial Census of 1970 or any future such census.

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HB 1650. By Representative Reaves of the 147th:
A bill to amend an Act placing the Sheriff of Brooks County on an annual salary in lieu of the fee system of compensation so as to change the provisions relative to funds for the feeding of prisoners.

HB 1652. By Representative Ware of the 68th:
A bill to amend an Act creating a new charter for the City of Grantville in the County of Coweta so as to create a recorder's court; to provide for the appointment of a recorder; to provide for the term of office, qualifications and compensation of the recorder.

HB 1310. By Representatives Murphy of the 18th, Wilson and Howard of the 19th and others:
A bill to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area.

HB 1329. By Representative Carr of the 105th:
A bill to regulate the distribution and sale of soil amendments within the State of Georgia; to provide definitions; to provide for labeling; to define misbranding; to provide for tonnage reports.

HB 1395. By Representatives Dixon of the 151st and Miles of the 86th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine so as to provide for the authorization of distribution or sale of wine in various container sizes by certain common carriers.

HB 1503. By Representative Adams of the 36th:
A bill to amend an Act entitled the "Georgia Land Sales Act of 1972", so as to provide for a limitation of actions.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 497. By Representatives Nessmith of the 82nd, Murphy of the 18th, Lane of the 81st and others: A resolution authorizing and directing the State Department of Trans portation to designate Interstate Highway 16 from Macon to Savannah, Georgia, as the James L. Gillis, Sr. Memorial Highway.
HR 534. ,By Representative Cox of the 141st: A resolution authorizing the conveyance of certain real property located in Decatur County.

MONDAY, FEBRUARY 9, 1976

681

HR 567. By Representatives Jones of the 126th, Taggart of the 125th, Chance of the 129th and others:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to grant and convey to Union Camp Corporation, a Virginia corporation, domesticated in Georgia, certain State-owned or claimed property situated in the Savannah River, Chatham County, Georgia.

HR 592. By Representatives Watson of the 114th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to provide that in Houston County in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education.

HR 594. By Representatives Whitmire, Wood and Jackson of the 9th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for a merit system of civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County.

HR 583. By Representatives Kreeger and Burruss of the 21st, Wilson, Cooper and Howard of the 19th and others:
A resolution authorizing the lease of a' certain tract of State-owned property.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 595. By Senator Dean of the 6th:
A bill to amend Code Section 47-107, relative to salary and allowances of members of the General Assembly, as amended, so as to provide that members of the General Assembly shall not be compensated for Satur days and Sundays which fall during regular and special sessions unless their respective Houses are meeting in chambers on such days, a quorum is present and official business transpires.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 596. By Senator Russell of the 10th:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, as amended, so as to change the definition of the term "approved institution"; to repeal conflicting laws. Referred to Committee on Higher Education.

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JOURNAL OF THE SENATE,

SB 597. By Senator Lewis of the 21st:
A bill to amend an Act creating a new charter for the City of Millen, Georgia, as amended, so as to change the election date in said city; to change the jurisdiction of the mayor's court; to repeal conflicting laws. Referred to Committee on County and Urban Affairs.

SB 598. By Senator Traylor of the 3rd:
A bill to amend the Executive Reorganization Act of 1972, as amended, so as to provide for a Division of Small Business Assistance within the Department of Community Development; to provide for a director; to repeal conflicting laws. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 599. By Senator Bell of the 5th:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for a Special Investigative Grand Jury; to provide for all pro cedures, requirements and other matters relative to the foregoing; to repeal conflicting laws. Referred to Committee on Judiciary.

SB 600. By Senator Timmons of the llth:
A bill to amend an Act providing for the listing and adoption of text books for use in the public schools of this State and prescribing the duties of the State Board of Education with reference thereto, as amend ed, so as to change the provisions relative to the committees to examine textbooks; to repeal conflicting laws. Referred to Committee on Education.
SR 320. By Senators Hudgins of the 15th and Pearce of the 16th:
A resolution authorizing the conveyance of certain State-owned real property located within Muscogee County to the City of Columbus; au thorizing the sale and transfer of certain State-owned surplus personal property to the City of Columbus. Referred to Committee on Public Utilities.
SR 322. By Senator Lewis of the 21st:
A resolution authorizing the conveyance of certain State-owned real property located within Burke County to the Board of Commissioners of Burke County; authorizing the sale and transfer of certain State-owned surplus personal property to the Board of Commissioners of Burke County. Referred to Committee on Public Utilities.
SR 323. By Senators Coverdell of the 40th and Riley of the 1st:
A resolution to amend the Rules of the Senate. Referred to Committee on Rules.

MONDAY, FEBRUARY 9, 1976

683

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1593. By Representative Crawford of the 5th:
A bill to amend an Act incorporating the Town of Menlo so as to change the corporate limits of the jurisdiction of the mayor and council of said city. Referred to Committee on County and Urban Affairs.

HB 1603. By Representative Howell of the 140th:
A bill to amend an Act creating the State Court of Miller County so as to change the salary of the judge of said court; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1604. By Representatives Howell of the 140th and Cox of the 141st:
A bill to amend an Act creating the small claims court of Seminole County so as to change the jurisdiction of said court; to change certain fees. Referred to Committee on County and Urban Affairs.

HB 1605. By Representatives Howell of the 140th and Cox of the 141st:
A bill to amend an Act placing the clerk of the superior court of Seminole County upon an annual salary so as to change the compensation of said clerk. Referred to Committee on County and Urban Affairs.

HB 1606. By Representatives Howell of the 140th and Cox of the 141st:
A bill to abolish the present mode of compensating the coroner of Seminole County, known as the fee system; to provide in lieu thereof a salary; to provide for the payment of the operating expenses of said office; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1609. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of McDuffie County into the office of Tax Commissioner of McDuffie County so as to change the compensation provisions relative to the deputy and other personnel. Referred to Committee on County and Urban Affairs.

HB 1610. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide for cost-of-living increases for

684

JOURNAL OF THE SENATE,

the Sheriff, the Clerk of the Superior Court and the Judge of the Probate Court of McDuffie County.
Referred to Committee on County and Urban Affairs.

HB 1611. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act repealing an Act creating a Commissioner of Roads and Revenues for McDuffie County and creating a three-member Board of Commissioners for McDuffie County so as to change the compensation of the chairman and members of said board. Referred to Committee on County and Urban Affairs.

HB 1612. By Representative Dover of the llth:
A bill to provide for the election of the members of the Board of Educa tion of Habersham County; to provide for other matters relative thereto; to provide for a referendum; to repeal conflicting laws. Referred to Committee on County and Urban Affairs.

HB 1631. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County so as to change the compensation of the Chairman of the Board of Commissioners of Clayton County. Referred to Committee on County and Urban Affairs.

HB 1632. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act creating and establishing a Small Claims Court in and for Bacon County so as to change the residency requirements of the judge of said court. Referred to Committee on County and Urban Affairs.

HB 1635. By Representative Owens of the 77th:
A bill to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to provide for the charging and collecting of mailing fees by the clerks of the superior courts in all counties of this State having a population of not less than 22,325 and not more than 22,330 according to the U.S. Decennial Census of 1970 or any future such census.
Referred to Committee on County and Urban Affairs.

HB 1650. By Representative Reaves of the 147th:
A bill to amend an Act placing the Sheriff of Brooks County on an annual salary in lieu of the fee system of compensation so as to change the provisions relative to funds for the feeding of prisoners. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 9, 1976

685

HB 1652. By Representative Ware of the 68th:
A bill to amend an Act creating a new charter for the City of Grantville in the County of Coweta so as to create a recorder's court; to provide for the appointment of a recorder; to provide for the term of office, qualifications and compensation of the recorder. Referred to Committee on County and Urban Affairs.

HB 1310. By Representatives Murphy of the 18th, Wilson and Howard of the 19th and others:
A bill to amend an Act providing an alternate method of annexing terri tory to the municipalities of this State by action of the municipal gov erning bodies upon written request of 100% of the property owners in the affected area. Referred to Committee on County and Urban Affairs.

HB 1329. By Representative Carr of the 105th:
A bill to regulate the distribution and sale of soil amendments within the State of Georgia; to provide a short title; to provide an enforcing official; to provide definitions; to provide for labeling; to define misbranding; to provide for tonnage reports. Referred to Committee on Agriculture.

HB 1395. By Representatives Dixon of the 151st and Miles of the 86th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine so as to provide for the authorization of distribution or sale of wine in various container sizes by certain common carriers. Referred to Committee on Consumer Affairs.

HB 1503. By Representative Adams of the 36th:
A bill to amend an Act entitled the "Georgia Land Sales Act of 1972", so as to provide for a limitation of actions. Referred to Committee on Industry, Labor and Tourism.

HR 497. By Representatives Nessmith of the 82nd, Murphy of the 18th, Lane of the 81st and others:
A resolution authorizing and directing the State Department of Trans portation to designate Interstate Highway 16 from Macon to Savannah, Georgia, as the James L. Gillis, Sr. Memorial Highway. Referred to Committee on Transportation.

HR 534. By Representative Cox of the 141st:
A resolution authorizing the conveyance of certain real property located in Decatur County. Referred to Committee on Public Utilities.

686

JOURNAL OF THE SENATE,

HR 567. By Representatives Jones of the 126th, Taggart of the 125th, Chance of the 129th and others:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to grant and convey to Union Camp Corporation, a Virginia corporation, domesticated in Georgia, certain State-owned or claimed property situate in the Savannah River, Chatham County, Georgia. Referred to Committee on Public Utilities.

HR 583. By Representatives Kreeger and Burruss of the 21st, Wilson, Cooper and Howard of the 19th and others:
A resolution authorizing the lease of a certain tract of State-owned property. Referred to Committee on Public Utilities.

HR 592. By Representatives Watson of the 114th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to pro vide that in Houston County in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education.
Referred to the Committee on County and Urban Affairs.

HR 594. By Representatives Whitmire, Wood and Jackson of the 9th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a merit system of civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County. Referred to the Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bills and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 576. Do pass. SB 475. Do pass.

MONDAY, FEBRUARY 9, 1976

687

SB 587. Do pass. SR 307. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 566. Do pass by substitute.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 582. Do pass. SB 583. Do pass. SB 572. Do pass. SB 575. Do pass. HB 1529. Do pass. HB 1256. Do pass. HB 879. Do not pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following local, uncontested bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:
SB 544. By Senators McDowell of the 2nd, Riley of the 1st and Traylor of the 3rd: A bill to provide that in certain municipalities, no person shall be employed or appointed to any position as the head of any department

688

JOURNAL OF THE SENATE,

of the municipal government unless such person has been a resident of the municipality or county in which the municipality shall be located for at least twelve months.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1364. By Representative Ware of the 68th: A bill to create a new charter for the City of Hogansville, in Troup County, Georgia, heretofore made a body politic and corporate, by Act approved March 12, 1941 (Ga. Laws 1941, p. 1505) and previous Acts of the General Assembly of Georgia, and to reincorporate 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 yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1382. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to authorize a stenographer to be present with the grand jury while witnesses are being examined in all counties of this State having a population of not less than 15,950 and not more than 16,500; to provide for the appointment and compensation of such stenographer.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1407. By Representatives Matthews of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, approved Mar. 3, 1965, as amended, so as to provide an option to certain Members of the Police and Fire

MONDAY, FEBRUARY 9, 1976

689

Department of the City of Athens with reference to an election of benefit under said Pension Plan.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1435. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend an Act creating and establishing the State Court of Colquitt County, formerly known as the City Court of Colquitt County and the Civil and Criminal Court of Colquitt County so as to change the monthly and quarterly terms 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 yeas were 50, nays 0.

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

HB 1438. By Representative Cox of the 141st:
A bill to amend an Act creating a new charter for the City of Bainbridge so as to change the penalty provisions relative to the violation of ordinances 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 yeas were 50, nays 0.

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

HB 1439. By Representative Cox of the 141st:
A bill to amend an Act creating a Small Claims Court in Decatur County so as to change the jurisdiction of said court; to change the provisions relative to costs and fees.

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 yeas were 50, nays 0.

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

HB 1360. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of Commissioner of Chattooga County so as to create a Board of Commissioners of Chattooga County.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1360 by striking from line 18 on Page 4 the following: "either by hired labor or by contract, whichever is",
and inserting in lieu thereof the following: "in the manner".

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

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, the yeas were 50, nays 0.

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

HB 1440. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to abolish the offices of coroner and create in lieu thereof the office of county medical examiner in all counties of this State having a population of not less than 90,000 and not more than 140,000.

The Committee on County and Urban Affairs offered the following substitute to HB 1440:
A BILL
To be entitled an Act to fix the compensation of the coroner in all counties of this State having a population of not less than 90,000 and not more than 140,000 according to the United States Decennial Census of 1970 or any future such census; to provide for a monthly allowance

MONDAY, FEBRUARY 9, 1976

691

for the coroner; to authorize the coroner to appoint a deputy coroner; to provide for the compensation of the deputy coroner; 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 OP GEORGIA:
Section 1. In all counties of this State having a population of not less than 90,000 and not more than 140,000 according to the United State? Decennial Census of 1970 or any future such census, the coroner shall receive a salary of six thousand dolalrs ($6,000.00) per annum, payable in equal monthly installments from county funds. In addition, the coroner in such counties shall receive an expense allowance of one thousand two hundred dollars ($1,200.00) per annum, payable in equal monthly in stallments from county funds. The coroner in such counties shall have the power and authority to appoint a deputy coroner who shall serve only in the absence of the coroner. The deputy coroner in such counties shall receive twenty-five dollars ($25.00) per diem for services per formed in the absence of the coroner. The coroner and the deputy coroner in such counties are hereby authorized and directed to cooperate and consult with the Director of the State Crime Laboartory or any examiner employed by him and paid by the State when performing postmortem examinations and autopsies.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the yeas were 50, nays 0, and the 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, the yeas were 50, nays 0.

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

Senator Timmons of the llth introduced the chaplain of the day, Dr. Jim Dorriety, pastor of the First Baptist Church, Blakely, Georgia, who offered
scripture reading and prayer.

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The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks
Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis
Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce
Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Warren Young

Not answering to their names were Senators Tate and Traylor.

The following resolution of the Senate was read and adopted:

SR 321. By Senators Stephens of the 36th, Hudson of the 35th, Hamilton of the 34th and others:
A resolution commending Reverend James G. Mayo, Sr.

SENATE CALENDAR Monday, February 9, 1976

SB 426. Bond Election--provisions for calling another for same purpose
SB 435. Motor Vehicle & Motorcycle--exclude certain motorized bicycles (SUB/AM)
SB 482. Georgia Council for Arts and Humanities--create
SB 487. Teachers' Retirement System--option of being member of local fund
SB 494. Criminal History Record--dissemination to certain persons (SUB)
SB 500. Deputy Conservation Rangers--disability payment line of duty (AM)
SB 508. Utility Contractors--regulation (SUB)
SB 526. Advisory Council for Personnel Administration--declaration of purpose
SB 527. Grants to Cities for Street Maintenance--filing for funds
SB 540. License to Carry Pistol--carry on person

MONDAY, FEBRUARY 9, 1976

693

SB 541. Driver's License--16 year old licensed after approved course (AM)
SB 542. Assistant District Attorney--employment of secretary (AM) SB 545. "Court Order for Child Support"--redefine SB 551. Police Uniform--prohibit wearing outside jurisdiction. SB 554. Possession/Use of Firearm/Certain Knife During Misdemeanor-
felony (AM) SB 557. Public Service Companies--prohibit interference with property SB 559. Parent in Custody of Minor Child--fixing of support money SB 562. County Boards of Health--fees for mental and public health
service SB 564. Motor Veh. Certificate of Title Act--exclude certain 10 year old
vehicle SR 73. Public Service Commission--change terms of office SR 257. Court of Criminal Appeals--General Assembly create SR 285. Gordon County--conveyance of certain State-owned real property
(SUB) SR 299. Certificate of Need for Health Facilities--study committee HB 723. Funeral Director License Applicant--valid embalmer's license HB 903. Election Code--affidavit qualifying for party nomination HB 1323. Misdemeanor Sentence of 6 Months--serve during off-work hours HB 1339. Certain Traffic Law Violation Arrest--license as bail HB 1348. Child Abandonment Case--parents competent witnesses
HB 1349. Granting of Attorney's Fees in Divorce Action--enforcement
HB 1402. Consular Corps License Plates--issue free of charge

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 426. By Senators Coverdell of the 40th and Garrard of the 37th:
A bill to amend Code Chapter 87-2, relative to the elections on the issue of bonds by counties, municipalities, or other political subdivisions, 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, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley
Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Pincher Foster Gillis Hamilton of 26th Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Turner Warren Young

Those voting in the negative were Senators:

Bond Doss

Langford

Summers

Those not voting were Senators:

Bell Dean of 31st Duncan

Eldridge Garrard Tate

Traylor Tysinger

On the passage of the bill, the yeas were 44, nays 4.

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

SB 435. By Senators McGill of the 24th, Gillis of the 20th, Young of the 13th and others:
A bill to amend Code Section 68-101, relative to the definition of certain words used with respect to licenses, registration and operation of motor vehicles, so as to exclude from the definition of the term "motor vehicle" and "motorcycle" certain motorized bicycles.

The Senate Committee on Transportation offered the following substitute to SB 435:
A BILL
To be entitled an Act to amend Code Section 68-101, relative to the definition of certain words used with respect to licenses, registration and operation of motor vehicles, so as to exclude from the definition of the terms "motor vehicle" and "motorcycle" certain motorized bicycles; to amend Code Title 68A, known as "The Uniform Rules of the Road", as amended, so as to exclude from the definition of the terms "motor vehicle", "motorcycle" and "motor driven cycle" certain motorized bi-

MONDAY, FEBRUARY 9, 1976

695

cycles; to provide that certain laws relative to bicycles shall be appli cable to motorized bicycles; to prohibit persons under the age of 16 years from operating motorized bicycles upon the public roads and highways of this State; to require that persons operating motorized bicycles shall wear certain protective equipment; to restrict the opera tion of such motorized bicycles; to require a license to operate such motorized bicycles; to amend an Act known as the "Uniform Act Regu lating Traffic on Highways", approved January 11, 1954 (Ga. Laws
1953, Nov.-Dec. Sess., p. 556), as amended, so as to exempt certain motorized bicycles from motor vehicle equipment and inspection require ments; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 68-101, relative to the definition of certain words used with respect to licenses, registration and operation of motor vehicles, is hereby amended by adding immediately after the words "exclusively upon tracks" the following:

", and except a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour",

so that when so amended, the definition of the term "Motor-vehicle" in Code Section 68-101 shall read as follows:

" 'Motor-vehicle'--Any vehicle, except tractors, propelled by power other than muscular power, not operated exclusively upon tracks, and except a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour."

Section 2. Said Code Section 68-101 is further amended by adding immediately after the word "astride" the following:

", except a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour",

so that when so amended, the definition of the term "Motorcycle" in Code Section 68-101 shall read as follows:

" 'Motorcycle'--Any motor-vehicle having but two main wheels in contact with the ground, upon which the operator sits astride, except a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour. A motorcycle may carry a one wheel attachment generally known as a side-car."

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Section 3. Code Title 68A, known as "The Uniform Rules of the Road", as amended, is hereby amended by striking in their entirety subparagraphs (24), (25) and (26) of subsection (c) of Code Section 68A101 and inserting in lieu thereof new subparagraphs (24), (25) and (26) of subsection (c) to read as follows:

"(24) Motor Vehicle.--Every vehicle which is self-propelled, except a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centi meters, an automatic transmission, and capable of a maximum de sign speed of no more than 25 miles per hour.

(25) Motorcycle.--Every motor vehicle 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 excluding a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour.

(26) Motor Driven Cycle.--Every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, and every bicycle with a motor attached, excluding a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour."

Section 4. Said Code Title 68A is further amended by adding at the end of Code Chapter 68A-12 a new Code Section to be designated Code Section 68A-1210 to read as follows:

"68A-1210. Motorized bicycles, (a) Unless otherwise provided herein, the provisions of this Code Chapter relative to bicycles- shall also be applicable to a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour.

(b) No person under the age of 16 years shall operate a pedal bicycle with a helper motor upon the public roads and highways of this State.

(c) No person shall operate a pedal bicycle with a helper motor upon any road or highway upon which a bicycle may not be operated.

(d) No person shall operate or ride upon a pedal bicycle with a helper motor unless he shall wear some type of footwear in addi tion to or other than socks.

(e) No person shall operate or ride upon a pedal bicycle with a helper motor unless he is wearing protective headgear which

MONDAY, FEBRUARY 9, 1976

697

complies with standards established by the Commissioner of Public Safety.

(f) No person shall operate a pedal bicycle with a helper motor
until he has procured a Class II license pursuant to the provisions of Code Section 68B-204, relative to classes of licenses.

(g) A pedal bicycle with a helper motor shall only be operated during daylight hours."

Section 5. An Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by adding in subsection (c) of Section 102, after the words and figures "Section 29A of this Act", the following:
"or to a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, with a cylinder capacity not exceeding 50 cubic centimeters, with an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour",
so that when so amended, subsection (c) of Section 102 shall read as follows:
"(c) The provisions of this Article with respect to equipment on vehicles shall not apply to implements of husbandry, road ma chinery, road rollers, or farm tractors except as herein made ap plicable. The provisions of this Article with respect to equipment on vehicles shall not apply to motorized carts, as defined by subsection (g) of Section 2 of this Act, except as otherwise provided by Sec tion 29A of this Act or to a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, with a cylinder capacity not exceeding 50 cubic centimeters, with an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section 103 display a red tail light and either a multiple beam or single beam road lighting equipment meeting the requirements of Sections 106 and 113 respectively."
Section 6. Said Act is further amended by adding in the first paragraph of subsection (a) of Section 126 thereof, after the words and figures "Section 29A of this Act", the following:
": Provided, further, that a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, with a cylinder capacity, not exceeding 50 cubic centimeters, with an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour, shall not be subject to the provisions of this Section",
so that when so amended, the first paragraph of subsection (a) of Sec tion 126 shall read as follows:
"(a) The director shall once each year require that every motor vehicle, trailer and semi-trailer registered in this State be inspected and that an official certificate of inspection and approval be ob-

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tained for each such vehicle. Provided, however, those trailers or semi-trailers which are built upon a chassis and are designed to be used as a dwelling without a permanent foundation and which exceed a width of 8 feet and a length of 29 feet or a gross weight of 4,500 pounds shall not be subject to the provisions of this Section. Pro vided, however, motorized carts, as defined by subsection (g) of Section 2 of this Act shall not be subject to the provisions of this Section, except as otherwise provided by Section 29A of this Act: Provided, further, that a pedal bicycle with a helper motor rated no more than 1.5 brake horsepower, with a cylinder capacity not exceeding 50 cubic centimeters, with an automatic transmission, and capable of a maximum design speed of no more than 25 miles per hour, shall not be subject to the provisions of this Section."

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th offered the following amendment to the sub stitute offered by the Committee on Transportation:
Amend committee substitute to SB 435 by striking from Section 3, beginning on Page 3, line 5, the following:
"subparagraphs (24), (25) and (26) of subsection (c) of Code Section 68A-101 and inserting in lieu thereof new subparagraphs (24), (25) and (26) of subsection (c)",
and inserting in lieu thereof the following:
"subsections (24), (25) and (26) of Code Section 68A-101 and inserting in lieu thereof new subsections (24), (25) and (26)".

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment offered by Senator Reynolds of the 48th to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bond Brantley

Broun of 46th Brown of 47th Carter

MONDAY, FEBRUARY 9, 1976

699

Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway

Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Young

Voting in the negative was Senator Overby.

Those not voting were Senators:

Bell Duncan

Hudson Tate

Traylor Warren

On the passage of the bill, the yeas were 49, nays 1.

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

SB 482. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to create the Georgia Council for the Arts and Humanities; to provide legislative findings and a declaration of policy; to provide for the appointment, terms, expenses, and removal of members of the coun cil ; to provide for meetings and officers of the council.

Senator Sutton of the 9th offered the following amendment:
Amend SB 482 by inserting in Section 2, line 12, after the word "council" the following: "the purpose of which is to supplant the present Georgia Commission on the Arts created by Executive Order."

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th
Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Coverdell Duncan Fincher

Hill Reynolds

Tate Traylor

On the passage of the bill, the yeas were 49, nays 0.

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

SB 494. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, so as to provide for the dissemination of certain criminal history record information to certain persons; to provide a fee for such disseminations.
The Senate Committee on Judiciary offered the following substitute to SB 494:
A BILL
To be entitled an Act to amend an Act providing for the establish ment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), so as to provide for the dissemination of certain criminal history record information to certain persons; to pro vide a fee for such disseminations; to provide for limitations on the use of such information; to provide for conditions of dissemination; to pro vide for notice to certain persons of dissemination of certain informa tion ; to provide immunity for certain persons; to provide for rule-making power in connection therewith; to provide for severability; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 9, 1976

701

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. An Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), is hereby amended by adding following Section 3 (1) a new sub
section to be designated subsection (m), to read as follows:

"(m) Make records of arrests in the current cycle and of
adjudications of guilt available to private persons and businesses as follows:

(1) Make available to employers for the purpose of making employment and job assignment decisions records of employees or prospective employees whose duties involve or may involve:

(A) Working in or near private dwellings without immediate supervision;

(B) Custody or control over or access to cash or valuable items;

(C) Knowledge of or access to secret processes, trade secrets or other confidential business information;

(D) Insuring the security or safety of other employees, custo mers or property of the employer.

(2) Make available to appropriate personnel of any business or commercial establishment records of persons apprehended for or suspected of a specific criminal act or acts of which such establish ment, or an employee of such establishment in the course of his employment, is a victim.

(3) GCIC shall charge fees for disseminating records pursuant to this Section which will raise an amount of revenue which approxi mates, as nearly as practicable, the direct and indirect costs to the State of providing such disseminations.

(4) Information disseminated pursuant to paragraph (1) above shall be available only to persons involved in the hiring or job assignment of the person whose record is disseminated. Information
disseminated pursuant to paragraph (2) above shall be available only to persons involved in deciding whether or not to prefer charges against the person whose record is disseminated or persons engaged in the investigation of such specific criminal act or acts. Any dis semination of any information obtained pursuant to this subsection to any person not specifically authorized hereby to receive it or any use of any information obtained pursuant to this subsection for any purpose other than the purpose for which it was obtained shall con stitute a violation of Section 7 of this Act.

(5) In the event that a decision is made adverse to a person whose record was obtained pursuant to this subsection, the person

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will be informed by the business or person making such adverse de cision of all information pertinent to this decision. This shall include information that a record was obtained from GCIC, the specific contents of such record and the effect that such record had upon the decision.

(6) Neither GCIC, its employees, nor any other agency or em ployee of the State shall be responsible for the accuracy of informa tion or have any liability for defamation, invasion of privacy, negligence or any other claim in connection with any dissemination of information pursuant to this subsection.
(7) GCTC shall disseminate records pursuant to paragraphs (1) and (2) only upon positive identification by fingerprint com parison unless fingerprints are unavailable or time prohibits the use of fingerprints for identification in which case positive identifi cation shall be made through the use of the name, date of birth, sex and race of the person apprehended for or suspected of the specific criminal act or acts.
(8) The GCIC Advisory Council is hereby empowered to adopt rules and regulations to implement this subsection and provide for security and privacy of information disseminated pursuant hereto. Such rules may include requirements for users, audits of users and such other procedures as may be necessary to minimize unauthorized use of criminal history record information.

Criminal justice agencies may disclose records of arrests in the current cycle and records of adjudications of guilt in accordance with the provisions of this subsection and may charge reasonable fees for the dissemination of such records. The provisions of this subsection applicable to GCIC and persons receiving records from GCIC shall also be applicable to criminal justices agencies and persons receiving records from criminal justice agencies."
Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, 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 hereby 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 un constitutional.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

MONDAY, FEBRUARY 9, 1976

703

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 31st Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Holley Holloway Howard Kidd Langford McDowell Overby Pearce Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers Button Thompson Turner Tysinger Warren Young

Those voting in the negative were Senators:

Bond Brown of 47th Dean of 6th Doss

Gillis Kennedy Lester Lewis

McDuffie McGill

Those not voting were Senators:

Duncan Hill Hudgins

Hudson Russell Tate

Timmons Traylor

On the passage of the bill, the yeas were 38, nays 10.

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

Senator Dean of the 31st introduced the doctor of the day, Dr. Larry Davis of Cartersville, Georgia.
The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:
SB 500. By Senator Langford of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to entitle Deputy Conservation Rangers employed by the Department of Natural Resources to certain payments for a disability due to an act of external violence or injury incurred in the line of duty.

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The following fiscal note, as required by law, was read by the Secretary:

EMPLOYEES' RETIREMENT SYSTEM January 23, 1976

MEMORANDUM

To:

Mr. Norman Terrell

Deputy State Auditor

From:

Abe Domain Director

Subject: Senate Bill 500

Under current law, law enforcement personnel of the Department of Natural Resources and several other departments who become dis abled due to an act of external violence or injury incurred in line of duty are entitled to a monthly allowance regardless of length of service or age with a projection to their mandatory retirement age of 55.

It should be noted that the provisions applicable to law enforcement officers of the other departments provide for a projection to age 55,
whereas this bill provides for a projection to age 65, pursuant to de partmental policy.

As an example, if a deputy conservation ranger entered duty at age 30 and became injured at age 32, his service would be projected 33 years (to age 65) and his benefit would amount to 66</r (2% times 33 years) of his salary.

We are told by our actuary that the cost of this legislation would be 2% of the $138,600 payroll for these individuals, which would amount to approximately $33,000 per year additional employer contributions.
/s/ Abe Domain Director

The Senate Committee on Retirement offered the following amendment:
Amend SB 500 by striking Section 2, beginning on line 31 of Page 2, in its entirety, and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. This Act shall become effective when funds are appropriated or otherwise made available to carry out the purposes and provisions of this Act."

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

MONDAY, FEBRUARY 9, 1976

705

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Those not voting were Senators:

Ballard Duncan

Shapard Tate

Overby Pearce Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Warren Young
Traylor

On the passage of the bill, the yeas were 51, nays 0.

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

SB 508. By Senators Reynolds of the 48th, Riley of the 1st, Holloway of the 12th and others:
A bill to provide for the regulation of utility contractors; to create the State Board of Examiners of Utility Contractors; to provide a short title; to provide for a declaration of purpose; to provide definitions; to provide for the membership of said board; to provide for terms of office of members of the board.

The Senate Committee on Economy, Reorganization and Efficiency in Govern ment offered the following substitute to SB 508:
A BILL
To be entitled an Act to provide for the regulation of utility con tractors ; to create the State Board of Examiners of Utility Contractors;

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to provide a short title; to provide for a declaration of purpose; to pro vide definitions; to provide for the membership of said board; to provide for terms of office of members of the board; to provide for a chairman
and vice chairman and for the organization of the board; to provide for expenses of the board; to provide that the Joint-Secretary of State Examining Boards shall act as the administrative agent of the board; to provide that the board shall adopt and promulgate rules governing the licensing of utility contractors; to provide for the licensing of utility contractors; to provide requirements for the issuance of a license; to
provide for reciprocity; to provide for contract and bid limitations based on certified financial statements; to provide for changing such limita tions; to provide for the display of the license and license number of utility contractors; to provide for notification of changes in rules and regulations; to provide exceptions; to provide for the suspension and revocation of licenses; to provide for injunctive relief in certain situ ations; to authorize the board to hear and determine complaints; to provide for the expiration and renewal of licenses; to provide criminal penalties; to provide that municipalities and counties are not prohibited from collecting license fees or taxes; to provide for severability; 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. Short Title. This Act shall be known and may be cited as the "Utility Contractors Licensing Act."

Section 2. Declaration of Policy. This Act is intended to regulate utility contractors in this State in order to safeguard the State, political subdivisions thereof, private developers and others against faulty, in
adequate, inefficient and unsafe construction of certain public utilities and to protect the life, health and property of the citizens of this State.

Section 3. Definitions. The following words and phrases as used in this Act shall, unless the context clearly requires otherwise, have the following meanings:

(a) "Board" means the State Board of Examiners of Utility Con tractors.

(b) "Utility contractor" means a person who, for a fixed price, fee, commission or gain of whatever nature, undertakes to construct, erect, alter or repair, or have constructed, erected, altered or repaired, under his supervision the following public utilities: water supply sys tems, sewerage and drainage systems, reservoirs and filtration plants, water and waste water treatment plants and pumping stations where the cost of the completed structure or improvements exceeds $75,000.00; provided, however, that "utility contractor" shall not mean a political
subdivision of this State.

(c) "Joint-Secretary" means the office as established by Georgia Code Chapter 84-1.

MONDAY, FEBRUARY 9, 1976

707

(d) "Person" means any individual, partnership, association or corporation.

(e) "Contracting body" means any owner, architect, engineer, con tractor, utility contractor or other person or governmental body who contracts with or accepts bids from a utility contractor for any utility work covered in subsection (b) above.

Section 4. Board of Examiners, (a) There is hereby created the State Board of Examiners of Utility Contractors, which shall be com posed of five members. Three members shall be utility contractors, one member shall be a registered professional engineer and one member shall be an insurance company representative engaged primarily in the bonding of construction projects. Each member shall have five years' experience in his stated field. The members shall be appointed by the Governor, approved by the Secretary of State and confirmed by the Senate. Two of such members shall be appointed for an initial term of one year, one for two years, one for three years and one for four years, as designated by the Governor. The initial members shall be appointed within 90 days after the approval of this Act. Thereafter, upon the ex piration of the respective terms, each successor shall be appointed by the Governor for a term of four years. Members of the board shall hold office until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. Each mem ber of the board shall be a citizen of the United States and shall have been a resident of this State for one year immediately preceding his appointment. The members of said board shall, before entering upon the discharge of their duties, subscribe to and file with the Secretary of State the constitutional oath of officers, whereupon the Secretary of State shall issue to said appointees certificates of appointment.
(b) The Governor may remove any member of the board for mis conduct, incompetency or neglect of duty. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in this Act.

(c) The board shall hold a meeting within 30 days after its mem bers are first appointed and thereafter shall hold at least two regular meetings each year. Three members shall constitute a quorum. An af firmative vote of a majority of the members present shall be necessary to transact business. Regulations adopted by the board may provide for such additional regular meetings as necessary and for special meetings. Notice of all meetings shall be given as may be provided in the regula tions.

(d) The board shall annually elect a chairman and a vice chairman. The Joint-Secretary shall be the secretary of the board and, in addition to his duties as prescribed by law, shall perform such other administra tive duties as may be prescribed by the board. The Joint-Secretary shall issue all licenses in the name of the board. Except as provided herein, the board shall provide by rule and regulation for its own government. Members of the board shall serve without compensation but shall be reimbursed for travel and other expenses incurred by them in carrying out their official duties in the same amount as provided for certain State

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boards and commissions under Section 4 of an Act approved April 13, 1973 (Ga. Laws 1973, p. 701), as now or hereafter amended.

Section 5. Powers and Duties of the Board. In addition to other powers and duties specified in this Act, the board shall:
(a) adopt and amend rules and regulations which may be reason ably necessary for carrying out the provisions of this Act and the regulation of proceedings before the board. The board and all of its rules, regulations and procedures are subject to and shall comply with the provisions in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended.
(b) pay into the State Treasury all fees and moneys received by it;
(c) adopt and have an official seal;
(d) employ such administrative, investigative, professional and clerical assistance as it shall deem necessary to fulfill the provisions of this Act; and
(e) set the amount of all fees required by this Act, but in no event shall fees set by the board be less than $200.00.
Section 6. Joint-Secretary, (a) The Joint-Secretary of the State Examining Boards shall act as the administrative agent for the board. The same jurisdiction, duties, powers and authority which the JointSecretary has with reference to other examining boards is hereby con ferred upon him with respect to the State Board of Examiners of Utility Contractors.
(b) The office of the Joint-Secretary, State Examining Boards, shall have the duty to bring together and keep all records of said board; to receive all applications for licenses; to schedule a time and place for examinations (with the consent of the board) ; to schedule a time and place for all hearings; to issue licenses upon authority of the board; to collect all fees and to remit same to the State Treasury.

(c) All orders and processes of the board shall be signed and at tested by the Joint-Secretary, State Examining Boards, and any notice or legal process necessary to be served upon the board may be served upon the Joint-Secretary, State Examining Boards.
Section 7. Application for License; Requirements for Licenses; Ex ceptions, (a) Any person desiring to engage in utility work covered in Section 3(b) anywhere in this State shall apply to the board for a license as a utility contractor. All such applications shall be made on forms provided by the Joint-Secretary and shall be accompanied by a fee to be prescribed by the board in an amount not less than $200.00.
(b) Until January 1, 1977, a utility contractor who is a resident of the State with three years' experience as a utility contractor, shall be licensed without examination upon submitting proof of such experi-

MONDAY, FEBRUARY 9, 1976

709

ence to the board and paying the required license fee. The three years' experience must be immediately prior to the effective date of this Act.

(c) After January 1, 1977, an applicant for a license as a utility contractor shall be required to pass an examination administered by the board, shall pay the required license fee and shall possess other quali fications provided under this Act. Examinations shall be prepared by the board in such manner as to test the knowledge, skill and efficiency of the applicants. A person failing the examination may apply for reexamination after six months from the date of the previous examina tion. Examinations shall be offered within the State at least twice each year at a time and place designated by the board.

(d) Each applicant shall be required to file a certified financial statement containing such information as prescribed by regulations of the board.

(e) Any person wishing to engage in utility work covered in Section 3(b) shall designate himself or at least one partner or officer to fulfill the above requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a license under this Act, and such license shall cover work of a utility contractor for which the person is respon sible and so licensed. The partners and officers of the person licensed shall be allowed to engage in utility work covered by said license, pro vided that the individual who fulfilled the licensing requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the board for that purpose. Such individuals may continue to engage in utility work cov ered by said license so long as they are associated with the licensee, and such license is valid.

(f) It shall be the duty of all partnerships, associations and corpo rations qualified under this Act to immediately notify the board of the severance of the connection of the person or persons upon whom its qualifications rested. All applicants for examinations and licenses pro vided for by this Act and all applicants for renewal licenses under the provisions of this Act shall be required to fill out a form showing whether or not the applicant is an individual, partnership, association or corporation. No partnership, association or corporation shall engage in utility work covered in Section 3(b) unless a partner or officer thereof is licensed under the provisions of this Act. If the applicant is a partnership, association or corporation, he shall give the names and addresses of partners or the names and addresses of the officers; when and where such partnerships, association or corporation was formed or incorporated; and such other information as the board may require.

(g) The board, upon application, shall issue an appropriate license to any person who holds a similar license in any state, territory or possession of the United States, if the requirements for the license do not conflict with the provisions of this Act and are of a standard not lesser than that specified by this Act and by rules and regulations promulgated under this Act; provided, however, that such other state, territory or possession grants similar reciprocity to license holders in this State.

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Section 8. Contract and Bid Limitations; Financial Statements, (a) The licenses granted under Section 7 shall stipulate the type or types of work the utility contractor is permitted to bid on or to perform under his license and shall contain a letter symbol indicating the maxi mum limits on which he is permitted to bid or perform in a single con tract. The maximum bid limits shall be set by the formula of not more
than ten times the net worth as shown by the applicant's latest certified financial statement and designated in the classification set out herein that is the closest to this amount. Should the applicant's certified finan cial statement fail to substantiate the limits requested, further consid eration may be given to:

(1) the present market value in lieu of book value of listed assets when properly supported with substantiating evidence;
(2) a combined statement of the applicant that includes other wholly owned or substantially owned interests.
When an applicant's certified financial statement qualifies for an amount in excess of classification "A", the limits shall then be set as classification "U"--Unlimited. The following letter symbols indicate the maximum amount bid limits allowed a licensee on any single con tract undertaking:
A--Not to exceed _..-.......___..-......_.-._.-..-._._.._....-_..._..-.-......._.$500,000.00
U--Unlimited -,,_..-. ..-_,,....
(b) Any person desiring to change the limit of his license shall make application for revision of his license on the prescribed form fur nished by the board. The application shall be supported by a current certified financial statement and evidence of his ability to furnish con tract bond for such amounts as are required for the higher limitation for which he is applying. Under no circumstances shall a utility con tractor be permitted to bid in excess of his license coverage prior to the time such revision is effected.
Section 9. Content and Display of Licenses for Utility Contractors. The licenses granted under Section 7 shall contain the name of the utility contractor, date of issuance, expiration date, license number and the official designation or symbol of the board, together with the signa ture of the board chairman and chief administrative officer of the board. This license shall be displayed in a conspicuous place at the utility con tractor's principal place of business.
Section 10. Notification to Utility Contractors. The board may from time to time amend its rules and regulations governing utility con tractors. The board will notify each utility contractor on the official list of licensed utility contractors of any changes in the rules and regulations prior to the effective date of the changes. This notification or lack thereof will in no way affect the effective date of the changes in the rules and regulations.
Section 11. Exceptions, (a) Nothing in this Act shall in any way prohibit a contracting body from further qualifying individuals, partner-

MONDAY, FEBRUARY 9, 1976

711

ships or corporations in any manner which it may so desire for work to be performed for said contracting body.

(b) Any person performing utility work which is funded either directly or indirectly by the Department of Transportation or any work which is related to highway or other transportation improvements shall be excluded from the provisions set forth in this Act.
Section 12. Suspension, Revocation and Renewal of Licenses, (a) The board shall suspend or revoke a license upon a finding of one or more of the following grounds:
(1) material misstatement in the application for license;
(2) willful disregard or violation of Section 13 of this Act or rules or regulations adopted pursuant to this Act;
(3) willfully aiding or abetting another in the violation of Section 13 of this Act or any rules or regulations adopted pursuant to this Act;
(4) conviction of any crime, an essential element of which is misstatement, fraud or dishonesty, or conviction of any felony;
(5) bidding in excess of license coverage as provided in Section 8.
(b) The board shall have power and authority to hear and deter mine all complaints of violations of this Act and the regulations pur suant thereto, filed with said board by any interested party, after first giving the person against whom the complaint is filed at least ten days' written notice of the time and place of hearing, together with a copy of the complaint filed against such person. Hearings will be conducted according to the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as now or hereafter amended. If, upon the hearing, the board deems such complaint meritorious, said board may, in its discretion, suspend or revoke the license of the person against whom the complaint is filed or may allow such persons a reasonable time in which to meet and correct the complaint of the objecting party. Suspensions or revoca tions of licenses shall be conducted according to said Georgia Administra tive Procedure Act.

(c) The board, by majority vote of the quorum, may reissue a license to any person whose license has been revoked upon written appli cation to the board by the applicant, showing good cause to justify such reissuance.

(d) Whenever it shall appear to the board that any person is or has been violating any provisions of this Act, or any of the lawful rules, regulations, or orders of the board, the board or the appropriate district attorney may file a petition for injunction in the proper superior court
of this State against such person, for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this
Section shall be in addition to any other legal remedy which the board

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has and shall be in addition to any right of ciriminal prosecution pro vided by law.

Section 13. Annual Renewal of Licenses. All licenses expire an nually at such time as may be designated by the board. All applications for renewal shall be filed with the Joint-Secretary prior to the expiration date, accompanied by the annual renewal fee prescribed by the board in an amount not less than $200.00. A license which has expired for failure
to renew may only be restored after application and payment of the pre scribed restoration fee; provided, however, that it will not be necessary for such person to take an examination. A new license to replace any license lost, destroyed or mutilated may be issued subject to the rules of the board and payment of a fee set by the board.

Section 14. Penalties, (a) Any person who engages in or follows the business or occupation of, or advertises, holds himself out, or acts temporarily or otherwise as a utility contractor without having first secured the required license or renewal thereof, or who otherwise vio lates any provisions of this Act shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 and not more than $1,000.00 within the discretion of the court; and each day in which such violation exists or continues shall constitute a separate offense.
(b) It shall be unlawful for any contracting body to enter into a "cost plus" agreement or negotiate a price or open or consider any bid for utility work covered in Section 3(b) unless the contractor has ob tained the license required by this Act evidenced by the utility contractor license number written on the face of the bid envelope where bids are received. Any person violating the provisions of this subsection shall be punished as provided in subsection (a) of this Section.
Section 15. Municipalities and Counties Not Prohibited from Col lecting License Fees or Taxes. No provision of this Act shall be con strued as prohibiting or preventing a municipality or county from fix ing, charging, assessing or collecting any license fee, registration fee, tax or gross receipt tax on any profession covered by this Act or upon any related profession or anyone engaged in any related profession governed by the provisions of this Act.
Section 16. Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged in valid 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, sub section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby 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 17. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.

MONDAY, FEBRUARY 9, 1976

713

Section 18. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 33, nays 0, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 31st Doss Duncan Fincher Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford
Lester Lewis McDowell McDuffie McGill Overby

Those voting in the negative were Senators :

Brown of 47th Dean of 6th

Eldridge Shapard

Those not voting were Senators :

Bond Foster

Tate Traylor

Pearce Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Summers Thompson Timmons Turner Tysinger Warren
Sutton
Young

On the passage of the bill, the yeas were 46, nays 5.

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

SB 526. By Senator Kidd of the 25th:
A bill to amend an Act providing for an Advisory Council for Personnel Administration, so as to provide for a declaration of purpose; to provide for a new method of qualifying for membership in the Advisory Council

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for Personnel Administration; to provide for authority and access of said Council.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Summers Sutton Thompson Turner Warren Young

Those not voting were Senators:

Bond Foster Shapard

Tate Timmons

Traylor Tysinger

On the passage of the bill, the yeas were 49, nays 0.

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

SB 527. By Senators McGill of the 24th and Duncan of the 30th:
A bill to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, 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, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 9, 1976

715

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

McGill Pearce Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Sutton Thompson Turner Tysinger Warren Young

Those not voting were Senators:

Hill Overby Shapard

Summers Tate Timmons

Traylor

On the passage of the bill, the yeas were 49, nays 0.

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

SB 540. By Senator Bell of the 5th :
A bill to amend Code Section 26-2903, relating to carrying a pistol or revolver without a license, so as to provide that the license to carry a pistol or revolver must be carried on the person; ta 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Fincher Foster

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy

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JOURNAL OP THE SENATE,

Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Riley Robinson Russell Starr Stephens

Stumbaugh Sutton Thompson Tysinger Warren Young

Those voting in the negative were Senators :

Dean of 6th Eldridge

Reynolds

Turner

Those not voting were Senators :

Garrard Gillis Howard

Shapard Summers Tate

Timmons Traylor

On the pasage of the bill, the yeas were 44, nays 4.

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

SB 542. By Senator Kennedy of the 4th:
A bill to amend an Act fixing the salaries of the judges of the superior courts, as amended, so as to provide that each district attorney shall, after July 1, 1977, be authorized to employ a secretary for each assistant district attorney.

The Senate Committee on Judiciary offered the following amendment:
Amend SB 542 by adding, before the word "to", on line 9 of Page 1, the following:
"to provide for limitations;".
By adding, following the word "amended", on line 27 of Page 1, the following:
"; provided, however, that the District Attorney shall not be authorized to employ more than three such secretaries for himself and his assistants".

Senator Robinson of the 27th offered the following amendment to the com mittee amendment:
Amend the amendment offered by the Senate Committee on Judici ary to SB 542 by adding in the quoted material following the word "assistants", at the end of said amendment, the following:

MONDAY, FEBRUARY 9, 1976

717

"under this Section. The provisions of this Section shall not affect the right of any District Attorney to employ secretaries under any other provision of law."

On the adoption of the amendment offered by Senator Robinson of the 27th to the Committee amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the Committee amendment, the yeas were 34, nays 1, and the amendment was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Tate

Timmons

Traylor

On the passage of the bill, the yeas were 52, nays 0.

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

SB 545. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Child Support Recovery Act", so as to redefine "court order for child support"; to redefine "parent";

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to provide that the Department of Human Resources may initiate legal proceedings to establish the paternity of a child born out of wedlock for whom services under this Act are sought.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows

Ballard
Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Turner Tysinger Warren Young

Those not voting were Senators :

Hudgins Hudson

Tate Thompson

Timmons Traylor

On the passage of the bill, the yeas were 50, nays 0.

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

SB 551. By Senator Hamilton of the 34th:
A bill to prohibit the wearing of an official police uniform outside the jurisdiction of the police agency authorizing said uniform except on official police business or to or from the employment of the official.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

MONDAY, FEBRUARY 9, 1976

719

Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley

Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers
Sutton Thompson Turner Tysinger Warren Young

Those not voting were Senators :

Foster Holloway Hudgins

Russell Tate

Timmons Traylor

On the passage of the bill, the yeas were 49, nays 0.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 554. By Senator Hudson of the 35th:
A bill to provide that it shall be unlawful for any person to possess a firearm or knife having a blade of three or more inches during the commission of any misdemeanor in which said firearm or knife was used; to provide for the punishment therefor.
The Senate Committee on Judiciary offered the following amendment:
Amend SB 554 by inserting, following the word "or", on line 2 of Page 1, and on line 8 of Page 1, the following:

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Senator Shapard of the 28th moved that SB 554 be committed to the Com mittee on Judiciary.

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JOURNAL OF THE SENATE,

Senator Holloway, who was presiding, ruled the motion out of order because the report of the committee had been agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cover dell Dean of 31st Doss Duncan Eldridge Fincher

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Young

Voting in the negative were Senators Dean of 6th and Shapard.

Those not voting were Senators:

Foster Hill Holloway (presiding)

Hudgins Tate Timmons

Traylor Warren

On the passage of the bill, the yeas were 46, nays 2.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A. M. tomorrow, and the motion prevailed.

At 12:08 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, announced the Senate adjourned until 9:30 o'clock A. M. tomorrow.

TUESDAY, FEBRUARY 10, 1976

721

Senate Chamber, Atlanta, Georgia Tuesday, February 10, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President.
The House has passed by the requisite constitutional majority the following bills of the House:

HB 78. By Representatives Miles of the 86th, Sams of the 90th and Dent of the 85th:
A bill to amend the Gasoline Marketing Practices Act so as to amend and add definitions, to provide additional requirements, limitations and restrictions upon the distribution of gasoline and special fuels.

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th and others:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Security Law" so as to replace present benefit table by adding a formula effective April 1, 1976; to require claimant to show his or her availability.

HB 797. By Representative Evans of the 99th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide for special purpose grand juries in certain additional counties.

HB 1148. By Representatives Howell of the 140th, Keyton of the 143rd, Tolbert of the 56th and Sizemore of the 136th:
A bill to amend Code Section 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court so as to require that in cases where a sentence of death is imposed the transcript shall be prepared within a certain length of time; to authorize the Chief Justice of the Supreme Court of Georgia to grant an extension of time in such cases.

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HB 1399. By Representatives Sweat of the 150th and Dixon of the 151st:
A bill to amend an Act providing the procedure for the impaneling of alternate jurors in felony cases in the superior courts of this State so as to provide for the appointment of alternate jurors in certain cases.

HB 1405. By Representatives Hudson of the 137th, Murphy of the 18th, Games of the 43rd and Davis of the 56th:
A bill to amend an Act providing that every parent or other persons in loco parentis having in custody and control over a minor child or children under the age of seventeen shall be liable for the willful and wanton acts of said minor child or children resulting in injury or damage to the person or property, or both, so as to change the age provisions relative to minor children.

HB 1457. By Representative Crawf ord of the 5th:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the Town of Lyerly as one of the cities and towns to which the prohibition of said Code Section does not apply; to provide an effective date.

HB 1486. By Representative Evans of the 99th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits having more than one superior court judge, so as to change the provisions relating to the compensation of assistant district attorneys.

HB 1617. By Representatives Beck of the 148th, Patten of the 149th, Long of the 142nd and others:
A bill to provide for an investigation for the District Attorney of the Southern Judicial Circuit; to provide for the compensation and expenses of such investigator; to provide for the term of office, duties, powers and authority of the investigator.

HB 1653. By Representative Shanahan of the 7th:
A bill to amend an Act providing for a Commissioner of Gordon County so as to change the provisions relative to certain bonds.

HB 1659. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend Code Section 56-214 as amended, relating to enforcement by the Insurance Commissioner of the provisions of Code Title 56, the Georgia Insurance Code, so as to make clear, and provide for, authority for the Commissioner to issue orders, which prohibit persons from engaging in acts made unlawful by the Georgia Insurance Code or regula tions promulgated thereunder.

TUESDAY, FEBRUARY 10, 1976

723

HB 1658. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend an Act known as the "Insurance Premium Finance Com pany Act" so as to provide for an additional qualification for the issuance of renewal of a license.

HB 1669. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act changing- the compensation of the coroner in certain counties of this State so as to change the compensation of the coroner in certain counties of this State.

HB 1673. By Representatives Foster and Wheeler of the 152nd:
A bill to amend an Act creating the office of Commissioner of Coffee County so as to change the county auditing procedures.

HB 1677. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary in lieu of the fee system of com pensation so as to change the compensation of the Judge of the Probate Court of Clayton County.

HB 1681. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commis sioner of Clayton County so as to change the compensation of the Tax Commissioner of Clayton County.

HB 1684. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Clayton County.

HB 1585. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Tran sit Authority Act of 1965" so as to change the membership of the Board of Directors of the Authority.

The House has adopted by the requisite constitutional majority the follov; ng resolutions of the House:

724

JOURNAL OP THE SENATE,

HR 595. By Representatives Lee, Bailey, West and Johnson of the 72nd:
A resolution proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Clay ton County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection.

HR 537. By Representatives Lambert of the 112th, Carlisle of the 71st, Carr of the 105th and others:
A resolution authorizing and directing the State Personnel Board and the State Merit System of Personnel Administration to implement a Certified Public Management Program in the State Government of Georgia.

The House has disagreed to the Senate substitute to the following bill of the House:
HB 926. By Representative Sigman of the 74th:
A bill to be entitled an Act to amend an Act creating a Board of Com missioners for Newton County so as to update and renumber the pro visions of said Act; to require the members and the chairman of the board to submit itemized statements of certain expenses.
The House insists on its position in substituting the following bill of the Senate and has appointed a Committee of Conference to confer with a like com mittee on the part of the Senate on the following bill of the Senate:
SB 214. By Senators Holloway of the 12th, Starr of the 44th, Riley of the 1st and others:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Lee of the 72nd, Carnes of the 43rd and Ware of the 68th.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 601. By Senator Thompson of the 32nd:
A bill to amend Code Chapter 71-1, relating to notaries public, as amended, so as to prohibit an unauthorized person from acting as a

TUESDAY, FEBRUARY 10, 1976

725

notary public; to provide a penalty; to repeal conflicting laws. Referred to Committee on Judiciary.

SB 602. By Senator Thompson of the 32nd:
A bill to provide for the regulation of contracts for invention develop ment services; to provide for legislative findings and declaration of policy; to define certain terms; to regulate activities involving the con tract; to require certain terms and provisions to be included in the con tract; to repeal conflicting laws.
Referred to Committee on Consumer Affairs.

SB 603. By Senator Garrard of the 37th:
A bill to amend Code Chapter 88-31, relating to ambulance services, so as to provide for the definition, training and duties of emergency medical technicians, advanced emergency medical technicians and cardiac techni cians; to repeal conflicting laws. Referred to Committee on Human Resources.

SB 604. By Senators Garrard of the 37th, Hamilton of the 34th and Coverdell of the 40th:
A bill to amend an Act granting to incorporated municipalities of this State certain basic powers, as amended, so as to provide for contracts relative to public works; to provide for bids and procedures connected therewith; to provide for rejection of bids; to repeal conflicting laws. Referred to Committee on County and Urban Affairs.

SB 605. By Senators Starr of the 44th and Kidd of the 25th:
A bill to amend Code Chapter 38-2, relating to the admission of evidence in general, as amended, so as to provide for the admission of evidence of collateral sources of indemnity in any action for damages for personal injury; to repeal conflicting laws. Referred to Committee on Judiciary.
SB 606. By Senator Kidd of the 25th :
A bill to amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, so as to provide exceptions thereto under prescribed conditions; to provide for procedures; to repeal conflicting laws. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
SB 607. By Senators Warren of the 43rd, Doss of the 52nd, Lester of the 23rd and others:
A bill to amend Code Section 84-1411, relating to qualifications of real estate brokers and salesmen, as amended, so as to change the provisions relative to such qualifications; to repeal conflicting laws. Referred to Committee on Industry, Labor and Tourism.

726

JOURNAL OP THE SENATE,

SR 324. By Senator McGill of the 24th:
A resolution authorizing the conveyance of certain State-owned real property located within Wilkes County to the City of Washington; au thorizing the sale and transfer of certain State-owned surplus personal property to the City of Washington. Referred to Committee on Public Utilities.

SR 325. By Senators Lewis of the 21st and Gillis of the 20th:
A resolution designating Parrish's Pond and certain surrounding land located in Emanuel County as "The George L. Smith II Park". Referred to Committee on Natural Resources and Environmental Quality.

SR 326. By Senator Kidd of the 25th:
A resolution relative to pay raises for State employees.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SR 327. By Senator Garrard of the 37th:
A resolution proposing an amendment to the Constitution, so as to provide that the General Assembly shall have the power by local act or acts, to abolish, alter, combine or consolidate existing municipal or county governments, governing authorities, political subdivisions, public agencies, districts or authorities within the limits of any area which comprises no more than one county and which has a total combined population of 600,000. Referred to Committee on County and Urban Affairs.
SR 328. By Senator Bell of the 5th:
A resolution urging the Georgia Congressional Delegation to seek repeal of the Federal Davis-Bacon Act. Referred to Committee on Industry, Labor and Tourism.
SR 329. By Senator Brown of the 47th:
A resolution authorizing the conveyance of certain State-owned real property located within Franklin County to the City of Royston; au thoring the sale and transfer of certain State-owned surplus personal property to the City of Royston. Referred to Committee on Public Utilities.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1457. By Representative Crawford of the 5th:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the Town of Lyerly as

TUESDAY, FEBRUARY 10, 1976

727

one of the cities and towns to which the prohibition of said Code Section does not apply; to provide an effective date.
Referred to Committee on County and Urban Affairs.

HB 1653. By Representative Shanahan of the 7th :
A bill to amend an Act providing for a Commissioner of Gordon County (now Board of Commissioners of Gordon Cunty) so as to change the provisions relative to certain bonds. Referred to Committee on County and Urban Affairs.

HB 1669. By Representatives Beck of the 148th, Patten of the 149th, and Reaves of the 147th:
A bill to amend an Act changing the compensation of the coroner in certain counties of this State so as to change the compensation of the coroner in certain counties of this State. Referred to Committee on County and Urban Affairs.

HB 1673. By Representatives Foster and Wheeler of the 152nd:
A bill to amend an Act creating the office of Commission of Coffee County so as to change the county auditing procedures. Referred to Committee on County and Urban Affairs.

HB 1677. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the Judge of the Probate Court of Clayton County. Referred to Committee on County and Urban Affairs.

HB 1681. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commis sioner of Clayton County so as to change the compensation of the Tax Commissioner of Clayton County. Referred to Committee on County and Urban Affairs.

HB 1684. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Clayton County. Referred to Committee on County and Urban Affairs.

728

JOURNAL OF THE SENATE,

HB 78. By Messrs. Miles of the 86th, Sams of the 90th and Dent of the 85th:
A bill to amend the Gasoline Marketing Practices Act so as to amend and add definitions, to provide additional requirements, limitations and restrictions upon the distribution of gasoline and special fuels. Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 797. By Representative Evans of the 99th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide for special purpose grand juries in certain additional counties. Referred to Committee on Judiciary,

HB 1148. By Representatives Howell of the 140th, Keyton of the 143rd, Tolbert of the 56th and Sizemore of the 136th:
A bill to amend Code Section 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court so as to require that in cases where a sentence of death is imposed the transcript shall be pre pared within a certain length of time; to authorize the Chief Justice of the Supreme Court of Georgia to grant an extension of time in such cases.
Referred to Committee on Judiciary.

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th and others:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law" (now Employment Security Law), so as to replace present benefit table by adding a formula effective April 1, 1976; to require claimant to show his or her availability.
Referred to Committee on Industry, Labor and Tourism.

HB 1399. By Representatives Sweat of the 150th and Dixon of the 151st:
A bill to amend an Act providing the procedure for the impaneling of alternate jurors in felony cases in the superior courts of this State so as to provide for the appointment of alternate jurors in certain cases. Referred to Committee on Judiciary.

HB 1405. By Representatives Hudson of the 137th, Murphy of the 18th, Games of the 43rd and Davis of the 56th:
A bill to amend an Act providing that every parent or other persons in loco parentis having in custody and control over a minor child or children under the age of seventeen shall be liable for the willful and wanton acts of said minor child or children resulting in injury or damage to the person or property, or both, so as to change the age provisions relative to minor children.
Referred to Committe on Judiciary.

TUESDAY, FEBRUARY 10, 197G

729

HB 1486. By Representative Evans of the 99th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits having more than one superior court judge, so as to change the provisions relating to the compensation of assistant district attorneys. Referred to Committee on Judiciary.

HB 1585. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965" so as to change the membership of the Board of Directors of the Authority. Referred to Committee on Transportation.

HB 1617. By Representatives Beck of the 148th, Patten of the 149th, Long of the 142nd and others:
A bill to provide for an investigator for the District Attorney of the Southern Judicial Circuit; to provide for the compensation and ex penses of such investigator; to provide for the term of office, duties, powers and authority of the investigator. Referred to Committee on County and Urban Affairs.

HB 1658. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend an Act known as the "Insurance Premium Finance Com pany Act" so as to provide for an additional qualification for the issuance or renewal of a license. Referred to Committee on Banking, Finance and Insurance.

HB 1659. By Representatives Castleberry of the lllth, Waie of the 68th, Parrish of the 97th and others:
A bill to amend Code Section 56-214 (Ga. Laws 1960, pp. 289, 303) as amended, relating- to enforcement by the Insurance Commissioner of the provisions of Code Title 56, the Ga. Insurance Code, so as to make clear, and provide for, authority for the Commissioner to issue orders, which prohibit persons from engaging in acts made unlawful by the Ga. Insur ance Code or regulations promulgated thereunder.
Referred to Committee on Banking, Finance and Insurance.

HR 537. By Representatives Lambert of the 112th, Carlisle of the 71st, Carr of the 105th and others:
A resolution authorizing and directing the State Personnel Board and the State Merit System of Personnel Administration to implemnt a Certi fied Public Management Program in the State Government of Georgia.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

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JOURNAL OF THE SENATE,

HR 595. By Representatives Lee, Bailey, West and Johnson of the 72nd:
A resolution, proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Clayton County shall have jurisdiction; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator McGill of the 24th District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 580. Do pass. SR 303. Do pass. HB 1291. Do pass. HB 1391. Do pass. HB 1392. Do pass. HB 1393. Do pass.
Respectfully submitted, Senator McGill of 24th District, Chairman

Senator Broun of the 46th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 516. Do pass. SB 560. Do pass.
Respectfully submitted, Senator Broun of 46th District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

TUESDAY, FEBRUARY 10, 1976

731

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 348. Do not pass.
SB 528. Do pass.
SB 586. Do pass.
HB 1324. Do pass.
HB 1228. Do pass.
HB 1334. Do pass.
Respectfully submitted, Senator Garrard of 37th District, chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has introduced me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 568. Do pass. SB 589. Do pass. SB 591. Do pass. SB 592. Do pass. HB 838. Do pass as amended. HB 839. Do pass as amended. HB 1411. Do pass. HB 1420. Do pass. HB 1434. Do pass. HB 1448. Do pass. HB 1455. Do pass. HB 1462. Do pass. HB 1496. Do pass. HB 1522. Do pass. HB 1525. Do pass. HB 1537. Do pass.

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JOURNAL OP THE SENATE,

HB 1538. Do pass. HB 1539. Do pass. HB 1546. Do pass. HB 1553. Do pass. SR 317. Do pass. HR 541. Do pass. HR 550. Do pass.

Respectfully submitted, Senator Garrard of 37th District, Chairman

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendation :
SB 502. Do pass by substitute.
Respectfully submitted, Senator Kidd1 of 25th District, Chairman

Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 183. Do not pass.
SB 511. Do pass as amended.
HB 54. Do not pass.
HB 1269. Do pass.
Respectfully submitted, Senator Carter of 14th District, Chairman

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:

TUESDAY, FEBRUARY 10, 1976

733

Mr. President:

Your Committee on Human Resources has had under consideration the follow ing bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 546. SB 570. SR 298. SR 314.

Do pass. Do not pass. Do pass by substitute. Do pass.

Respectfully submitted, Senator Fincher of 54th District, Chairman

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:

Mr. President:

Your Committee on Industry, Labor and Tourism has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:

SB 12. SB 355. SB 588. SR 319. HR 498. SB 484.

Do not pass. Do not pass. Do pass. Do pass. Do pass. Do pass as amended.

Respectfully submitted, Senator Ballard of 45th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 432. SB 472. SB 565. HB 171. HB 1325.

Do pass. Do pass by substitute. Do pass by substitute. Do pass. Do pass.

Respectfully submitted, Senator Overby of 49th District, Chairman

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JOURNAL OF THE SENATE,

Senator Kennedy of the 4th District, Chairman of the Committee on Offender Rehabilitation, submitted the following report:

Mr. President:

Your Committee on Offender Rehabilitation has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 558. Do pass. SB 578. Do pass by substitute.
SB 579. Do pass as amended.
HB 164. Do pass as amended. Respectfully submitted, Senator Kennedy of 4th District, Chairman

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the following resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 310. Do pass. SR 322. Do pass. HR 503. Do pass by substitute. HR 540. Do pass as amended. HR 567. Do pass as amended.
Respectfully submitted, Senator Brown of 47th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

SB 475. By Senators Hamilton of the 34th, Hudson of the 35th, Stephens of the 36th and others:
A bill to provide for the public safety and welfare by authorizing partic ipation by Federal, State, local governmental, private paid, industrial, and/or volunteer fire departments to enter into mutual aid agreements among themselves and/or other agencies.

TUESDAY, FEBRUARY 10, 1976

735

SB 566. By Senator Kidd of the 25th:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, so as to add certain definitions.

SB 572. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Transporta tion, as amended, so as to specify the duties and powers of the enforce ment officers employed by the Department of Transportation; to pro vide for other matters; to provide an effective date.

SB 575. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Transporta tion, as amended, so as to revise the definition of "public road"; to ex pand the Department of Transportation's authority to make contracts for the construction or maintenance of public roads; to revise the definition of "self-liquidating".

SB 576. By Senator Kidd of the 25th:
A bill to amend Code Section 34-801, relating to the general primary, as amended, so as to provide that the general primary shall be held at the same time as the Presidential Preference Primary under certain condi tions.

SB 582. By Senators Warren of the 43rd and Reynolds of the 48th:
A bill to revise, consolidate and modernize present laws relating to financial responsibility of operators or owners of motor vehicles upon the highways of this State and to establish new laws relating thereto; to codify such laws as Title 68C of the Code of Georgia of 1933, as amended; to define terms used in this Title.
SB 583. By Senators Turner of the 8th, Eldridge of the 7th, Lewis of the 21st and others:
A bill to amend Code Section 68B-207, relating to the application for the issuance of drivers' licenses of persons under 18 years of age, so as to provide for distinctive drivers' licenses issued to such applicants.
SB 587. By Senator Kidd of the 25th:
A bill to amend Code Section 34A-706, relating to municipal primaries and elections held at the time of general primaries and elections, so as to provide upon a certain date for end of terms and even-year length of terms for all municipal offices.
SR 307. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution, to change the

736

JOURNAL OF THE SENATE,

name and designation of the Department of Community Development to the Department of Industry and Trade; to change the name and desig nation of the Board of Community Development to the Board of Industry and Trade.

HB 1256. By Representative Lee of the 72nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954, as amended, so as to allow the Commissioner of the Department of Public Safety to authorize two solid colored marked vehicles per State Patrol Post.

HB 1529. By Representatives Mostiler of the 71st and Childers of the 15th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" so as to authorize the operation of a vehicle without a certificate of inspection for a certain period of time after a windshield is replaced on such vehicle.

Senator Barker of the 18th introduced the chaplain of the day, Rev. Wallace Swilley, Jr., Evangelist, of Atlanta, Georgia, who offered scripture reading and prayer.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Broun of 46th Coverdell

Howard Hudson

Riley Timmons

The following resolution of the Senate was read and adopted:

TUESDAY, FEBRUARY 10, 1976

737

SR 330. By Senators Lewis of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A resolution expressing- regrets upon the passing of W. Newsom Summerlin.

SENATE CALENDAR Tuesday, February 10, 1976 SB 422 State Income Tax--claim actual number of exemptions SB 557 Public Service Companies-- prohibit interference with property SB 559 Parent in Custody of Minor Child--fixing of support money SB 562 County Boards of Health-fees for mental and public health service SB 564 Motor Veh. Certificate of Title Act-exclude certain 10 year old vehicle SR 73 Public Service Commission--change terms of office SR 257 Court of Criminal Appeals--General Assembly create SR 285 Gordon County--conveyance of certain State-owned real property (SUB) SR 299 Certificate of Need for Health Facilities--study committee HB 723 Funeral Director License Applicant--valid embalmer's license (AM) HB 903 Election Code--affidavit qualifying for party nomination HB 1323 Misdemeanor Sentence of 6 Months--serve during off-work hours HB 1339 Certain Traffic Law Violation Arrest--license as bail HB 1348 Child Abandonment Case--parents competent witnesses HB 1349 Granting of Attorney's Fees in Divorce Action--enforcement HB 1402 Consular Corps License Plates--issue free of charge SB 487 Teachers' Retirement System--option of being member of local fund SB 541 Driver's License--16 year old licensed after approved course (AM)

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

738

JOURNAL OF THE SENATE,

SB 422. By Senators McDowell of the 2nd, Warren of the 43rd, Kidd of the 25th and others:
A bill to amend the Current Income Tax Payment Act of 1960, approved Feb. 28, 1960 (Ga. Laws 1960, p. 7), as amended, so as to require that taxpayers claim the actual number of dependency exemptions to which they shall be entitled.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Brown of 47th Carter Duncan Fincher

Holley Hudgins Kidd Lester McDowell

McGill Russell Starr Stumbaugh Warren

Those voting in the negative were Senators:

Banks Barnes Bell Bond Brantley Broun of 46th Coverdell Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudson Kennedy Langford Lewis McDuffie Overby Pearce

Reynolds Robinson Shapard Stephens Summers Sutton Tate Thompson Traylor Turner Tysinger Young

Those not voting were Senators:

Dean of 6th Hill

Riley

Timmons

On the passage of the bill, the yeas were 16, nays 36. The bill, having failed to receive the requisite constitutional majority, was lost.

Senator McDowell of the 2nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 422.
Senator Tysinger of the 41st introduced the doctor of the day, Dr. Larry Freeman.

TUESDAY, FEBRUARY 10, 1976

739

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 557. By Senator Garrard of the 37th:
A bill to amend an Act providing a new Criminal Code by adding a new Section 26-1507, so as to prohibit any person from injuring or interfer ing1 with the property of any company, municipality, or political sub division engaged in the manufacture, sale or distribution of electricity, gas, water, telephone, or other public services.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster

Garrard Gillis Hamilton of 26th Hill Holley Holloway Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Duncan Fincher Hamilton of 34th

Howard Hudgins Riley

Pearce Reynolds Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Russell Timmons

On the passage of the bill, the yeas were 48, nays 0.

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

SB 559. By Senator Pearce of the 16th :
A bill to am'end an Act providing for the fixing of support to be paid by the father of minor children where a final divorce decree contains no provisions governing the same and custody of such children is award ed to a third party or to the mother subsequently to the divorce decree.

740

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Garrard Gillis Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Robinson Shapard Starr Stephens Staumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger
Warren

Voting in the negative was Senator Hamilton of 26th.

Those not voting were Senators:

Duncan Hill Hudgins

Riley Russell

Timmons Young

On the passage of the bill, the yeas were 48, nays 1.

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

SB 562. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd: A bill to amend Code Section 88-204, relating to the powers of county boards of health, as amended, so as to authorize county boards of health to make contracts.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 10, 1976

741

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Banks Duncan Hill

Hudgins Pearce Riley

Russell Thompson Timmons

On the passage of the bill, the yeas were 46, nays 1.

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

SB 564. By Senator McGill of the 24th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to exclude certain vehicles ten or more years old from the operation of the Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st

Doss Eldridge Fincher Foster Gillis Hamilton of 34th

742
Hill Holtey Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester

JOURNAL OF THE SENATE,

Lewis McDowell McDuffie McGill Overby Reynolds Robinson Shapard Stephens Stumbaugh

Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young-

Voting in the negative was Senator Hamilton of 26th.

Those not voting were Senators:

Coverdell Duncan Garrard

Pearce Riley

Russell Starr

On the passage of the bill, the yeas were 48, nays 1.

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

Senator Barnes of the 33rd moved that the following resolution of the Senate be postponed until Friday, February 13:

SR 257. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to create a Court of Criminal Appeals and to change the jurisdiction of the Supreme Court and the Court of Appeals; to provide for the submission of this amendment for ratifica tion or rejection.

On the motion, the yeas were 33, nays 1; the motion prevailed, and SR 257 was postponed until Friday, February 13.

The following resolutions and bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 73. By Senators Thompson of the 32nd, Barnes of the 33rd, Hamilton of the 34th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of the members of the Public Service Commission; to

TUESDAY, FEBRUARY 10, 1976

743

provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Article IV, Section IV, Paragraph III of the Constitution is hereby amended by deleting therefrom the following sentence:

"Thereafter all succeeding terms of members shall be for six years.",

and substituting in lieu thereof the following:

"As the terms of office of the members of the Public Service Commission serving as such on January 1, 1975, shall expire, their successors shall be elected to serve the terms of office of four years and until their successors shall be duly elected and qualified. There after, the terms of office of the members of the Public Service Commission shall be for four years and until their successors shall be duly elected and qualified.",

so that when so amended, said Paragraph shall read as follows:

"Paragraph III. Public Service Commission as Constitutional Officers. There shall be a Public Service Commission for the regula tion of utilities, vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A Chairman shall be selected by the members of the Commission from its membership. The first Commission under this amendment shall consist of the commissioners in office at the time of the adoption of this constitutional amendment and they shall serve until December 31 after the general election at which the successor of each member is elected. As the terms of office of the members of the Public Service Commission serving as such on January 1, 1975, shall expire, their successors shall be elected to serve the terms of office of four years and until their successors shall be duly elected and qualified. Thereafter, the terms of office of the members of the Public Service Commission shall be for four years and until their successors shall be duly elected and qualified. The qualifications, compensations, filling of vacancies, manner and time of election,
power and duties of members of the Commission, including the Chairman, shall be such as are now or may hereafter be provided by the General Assembly."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

744

JOURNAL OF THE SENATE,

"( ) YES Shall the Constitution be amended so as to change the terms of office of the members of the Public Service
( ) NO Commission?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Dean of 6th Doss Duncan Fincher Gillis

Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis

McDowell McDuffio McGill Robinson Stumbaugh Summers Sutton Thompson Traylor Turner Warren

Those voting in the negative were Senators:

Banks Broun of 46th Brown of 47th Carter Dean of 31st

Eldridge Foster Hill Holloway Overby

Reynolds Shapard Tate Tysinger Young

Those not voting were Senators:

Coverdell Garrard Pearce

Riley Russell Starr

Stephens Timmons

On the adoption of the resolution, the yeas were 33, nays 15.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

TUESDAY, FEBRUARY 10, 1976

745

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 73.

SR 285. By Senator Langford of the 51st:
A resolution authorizing the conveyance of certain State-owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith.

The Senate Committee on Public Utilities offered the following substitute to SR 285:

A RESOLUTION
Authorizing the conveyance of certain State-owned real property located in Gordon County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in the City of Calhoun, Gordon County, Georgia; and
WHEREAS, said real property is described as follows:
"All that certain tract or parcel of land situate, lying and being in the City of Calhoun, Georgia, and in Land Lot 206 of the 14th District of Gordon County, Georgia, and being more particularly described as follows, to wit:
BEGINNING at a point formed by the intersection of the easterly right-of-way line of King Street with the southerly rightof-way line of Court Street; running thence easterly along the southerly right-of-way line of Court Street a distance of 80 feet, more or less, to a point; thence running southerly a distance of 276 feet, more or less to a point on the northerly right-of-way line of Oothcalooga Street; thence running westerly along the northerly right-of-way line of Oothcalooga Street a distance of 42 feet, more or less, to a point formed by the intersection of the northerly rightof-way line of Oothcalooga Street with the easterly right-of-way line of King Street; thence running northerly along the easterly right-of-way line of King Street a distance of 268 feet, more or less, to the point of beginning.";
and
WHEREAS, the above described real property is no longer needed by the State of Georgia and is therefore surplus; and
WHEREAS, the State of Georgia, through the State Properties Commission, had such tract of land appraised and ascertained that the appraised value is $14,600.00.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the State Properties Commission acting

746

JOURNAL OF THE SENATE,

for and on behalf of the State of Georgia, is hereby authorized and directed to sell and convey the hereinabove described parcel or tract of land under bid procedures of the State Properties Commission without the necessity of obtaining additional appraisals, but subject to the following conditions:

(1) that said tract or parcel of land shall be conveyed to the highest bidder; and

(2) that the conveyance of said tract of land shall be approved by the State Properties Commission; and

(3) that the consideration of said conveyance shall be not less than $14,600.00.

BE IT FURTHER RESOLVED that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to execute any deeds, instruments or writings necessary or convenient to carry out the purposes of this Resolution.

On the adoption of the substitute, the yeas were 35, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Shapard Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

TUESDAY, FEBRUARY 10, 1976

747

Those not voting were Senators:

Barker Fincher Hudson

Riley Russell Starr

Stephens

On the adoption of the resolution, the yeas were 49, nays 0.

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

HB 723. By Representatives Cox of the 141st, Bargeron of the 83rd, Gammage of the 17th, and others:
Senate Sponsor: Senator Thompson of the 32nd.
A bill to amend an Act creating the Board of Funeral Service and regulating the practice of embalming and funeral directing so as to re quire that an applicant for a license as a funeral director hold a valid embalmer's license approved by the State of Georgia.

Senator Kidd of the 25th offered the following amendment: Amend HB 723 by inserting on Page 2, line 3, between the word,
"months" and the word, "as", the following: ", either full or part time,".
By striking from Page 2, lines 6 and 7, the following: "and in the same funeral establishment with the apprentice".

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan

Eldridge Foster Garrard Gillis Hamilton of 34th Hill Holloway

748 , -
Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie

JOURNAL OP THE SENATE,

McGill Overby Pearce Reynolds Robinson Shapard Starr Stephens Stumbaugh

Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Bond Hamilton of 26th

Holley

Lester

Those not voting were Senators:

Fincher Riley

Russell

Summers

On the passage of the bill, the yeas were 48, nays 4.

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

HB 903. By Representative Daugherty of the 33rd:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend Code Title 34, known as the "Georgia Election Code" so as to require a certain affidavit in connection with qualifying for party nomination; to provide that making certain false statements shall constitute the crime of false swearing and to provide for penalties in connection therewith; to amend Code Title 34A, known as the "Ga. Municipal Election Code".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker
Barnes Bell Bond Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th
Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th
Holley Holloway Howard Hudson Kennedy

TUESDAY, FEBRUARY 10, 1976

749

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Duncan Fincher

Hill Hudgins Riley

Robinson Russell

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1339. By Representatives Smith of the 42nd, Smith of the 78th, Coleman of the 118th and others:
Senate Sponsor: Senator McDuffie of the 19th.
A bill to amend an Act permitting drivers' licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 so as to allow the use of drivers' licenses as bail in arrests for violation of certain traffic laws, except those in which a license may be suspended by the Commissioner of Public Safety for a first offense.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Gillis

Hamilton of 26th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

750

JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Duncan Fincher

Garrard Hamilton of 34th Hill

Hudgins Riley

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1348. By Representatives Childs of the 51st, Russell of the 53rd, Hawkins of the 50th and others:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend Code Section 74-9902, relating to the crime of child abandonment, as amended, so as to provide that the mother and the father of the child shall be competent witnesses in such cases.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Banks Barker Barnes Bell Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard Gillis Hamilton of 26th

Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Bond Brantley Broun of 46th Duncan

Foster Hamilton of 34th Hudgins Riley

Stumbaugh Young

On the passage of the bill, the yeas were 46, nays 0.

TUESDAY, FEBRUARY 10, 1976

751

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

HB 1349. By Representatives Childs of the 51st, Bray of the 70th, Tucker of the 73rd and others:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend Code Section 30-202.1, making the grant of attorney's fees in cases involving alimony or divorce a final judgment, so as to authorize an attorney granted attorney's fees pursuant to said Code Section to bring an action in his own name to enforce such grant.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby

Pearce Reynolds Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger

Voting in the negative was Senator Warren.

Those not voting were Senators:

Broun of 46th Duncan Foster

Hudgins McDuffie Riley

Robinson Young

On the passage of the bill, the yeas were 47, nays 1.

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

752

JOURNAL OF THE SENATE,

HB 1402. By Representatives Smith of the 78th and Hutchinson of the 133rd:
Senate Sponsor: Senator Banks of the 17th.
A bill to provide for the issuance of consulor corps license plates free of charge; to provide for a short title; to provide for the year in which issuance of such plates shall begin.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Duncan

Riley Stephens

Timmons

On the passage of the bill, the yeas were 51, nays 0.

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

SB 487. By Senators Tate of the 38th, Barker of the 18th, Turner of the 8th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions permitting certain teachers an option of remaining a member or becoming a member of a local retirement fund.

The following fiscal note, as required by law, was read by the Secretary:

TUESDAY, FEBRUARY 10, 1976

753

TEACHERS RETIREMENT SYSTEM 254 Washington Street, S. W., Atlanta, Georgia 30334 January 22, 1976

MEMORANDUM TO: FROM: SUBJECT:

Mr. Ernest B. Davis, State Auditor Wesley H. Rucker, Executive Secretary-Treasurer Senate Bill 487

This bill expands a provision added to the retirement law during the 1975 Session of the General Assembly.

The 1975 amendment permitted members of the Teachers Retire ment System with 10 or more years of service who accept a teaching position in a school system that operates a local retirement system (Atlanta and Fulton County) to continue their membership with the Teachers Retirement System.

This bill requires the employer (local board of education) to deduct member contributions from the teachers' salaries and to pay the member contributions and the required employer contributions to the Teachers Retirement System.

This bill would cause no adverse actuarial effect on the Teachers Retirement System and there would be no additional cost to the State if the bill became law.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester

Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell Shapard Starr Stumbaugh Summers Sutton

754
Tate Thompson Timmons

JOURNAL OF THE SENATE,

Traylor Turner Warren

Young

Those not voting were Senators:

Dean of 6th Duncan Hill

Holloway Riley Stephens

Tysinger

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.
Senator Tate of the 38th moved that SB 487 be immediately transmitted to the House.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 487 was immediately transmitted to the House.

SB 541. By Senators Tysinger of the 41st and Timmons of the llth:
A bill to amend Code Title 68B, known as "The Driver's Licensing Act", so as to provide that certain persons need not be licensed; to provide that persons at least sixteen years of age shall be licensed upon completion of an approved course in driver education or training.

The Senate Committee on Transportation offered the following amendment:
Amend SB 541 by adding on Page 2, line 22, after the figure "1978", the following:
"or when funds are appropriated to provide driver education in each public school, whichever is first".

Senator Starr of the 44th offered the following amendment:
Amend SB 541 by striking on Page 2, line 21 the word "January" and by striking on Page 2, line 22 the following:

and inserting lieu thereof on Page 2, line 21 after the word "effective" the following:
"When funds are appropriated for this purpose."

TUESDAY, FEBRUARY 10, 197G

755

Senator Reynolds of the 48th moved that SB 541 be committed to the Committee on Transportation.

On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 541 was committed to the Committee on Transportation.

HB 1323. By Representatives Snow of the 1st, Bray of the 70th, Tucker of the 73rd and others: Senator Sponsor: Senator Howard of the 42nd.
A bill to amend Code Section 27-2506 relating to the punishment of misdemeanor offenses, as amended, so as to provide that a judge, in his discretion, may allow misdemeanor sentences of six months or less to be served during- the nonworking hours of the defendant.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator McGill.

Those not voting were Senators:

Barker Fincher

Russell

Summers

On the passage of the bill, the yeas were 51, nays 1.

756

JOURNAL OF THE SENATE,

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 House substitute thereto:

SB 345. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to amend Chapter 88-5 of the Code of Georgia, relating to hospitalization of the mentally ill, so as to provide for hearings for persons who are involuntarily committed to State facilities because of mental illness; to provide for the payment of the expenses of such hearings.

The House substitute to SB 345 was as follows:

A BILL
To be entitled an Act to amend Code Section 88-508.2, relating to expenses concerning the hospitalization of the mentally ill, as amended, particularly by an Act approved April 21, 1969 (Ga. Laws 1969, p. 505), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 719), so as to change the provisions for the payment of such expenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 88-508.2, relating to expenses concerning the hospitalization of the mentally ill, as amended, particularly by an Act approved April 21, 1969 (Ga. Laws 1969, p. 505), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 719), is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 88-508.2, to read as follows:
"88-508.2. Expenses of hearings; how paid.-- (a) The expenses of any hearing held under this Chapter shall be paid by the county in which the patient has his residence, or if the patient is a transient, by the county in which the patient was initially taken into custody of the State; provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or re sponsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the superior court shall be the same as provided for in other appeals from the probate court. An affidavit, executed by the judge of the probate court before which the hearing was held, shall be sufficient to authorize the governing body of the county responsible to authorize the pay ment of such expenses.
(b) The total costs to be paid to the probate court for a hearing provided for under Sections 88-505.3 and 88-506.4 shall be the sum of $40.00. excluding attorneys' fees.

TUESDAY, FEBRUARY 10, 1976

757

(c) For the hearing under Section 88-507.3 the sum to be paid to the members of the examining committee shall not exceed $25.00 and actual expenses to each member. The total costs to be paid to the probate court for such hearing shall be the sum of $25.00.

(d) For any hearing under the provisions of this Chapter, the sum to be paid to an attorney appointed to represent the patient shall not exceed $25.00 and actual expenses which the attorney may incur and which have been approved by the probate judge holding the hearing. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 345.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the House substitute to SB 345 was disagreed to.

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 11:40 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A. M. tomorrow.

758

JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia Wednesday, February 11, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

Senator Thompson of the 32nd moved that the Senate reconsider its action of February 10th in defeating the following resolution of the Senate:

SR 73. By Senators Thompson of the 32nd, Barnes of the 33rd, Hamilton of the 34th and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of the members of the Public Service Commis sion; to provide for the submission of this amendment for ratification or rejection.
On the motion, Senator Thompson of the 32nd called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Carter Coverdell Doss Duncan Garrard Hamilton of 26th Holley

Hudgins Hudson Kidd Lester McDowell McDuffie Pearce Riley

Robinson Starr Stephens Sutton Thompson Young

Those voting in the negative were Senators:

Ballard Banks Broun of 46th Eldridge Fincher

Foster Hamilton of 34th Kennedy Langford Lewis

Overby Reynolds Shapard Traylor Turner

Those not voting were Senators:

Barnes Bell Bond Brantley Brown of 47th Dean of 6th Dean of 31st

Gillis Hill Holloway Howard McGill Russell Stumbaugh

Summers Tate Timmons Tysinger Warren

On the motion, the yeas were 22, nays 15; the motion prevailed, and SR 73 was placed on the Senate Calendar.

WEDNESDAY, FEBRUARY 11, 1976

759

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 757. By Representatives Bolster of the 30th, McKinney of the 35th, Greer of the 43rd and others:
A bill to provide for the regulation and control of persons, firms or corporations who provide health care services and who offer health care plans; to provide for necessary matters connected therewith.

HB 788. By Representatives Sweat of the 150th, Reaves of the 147th, Dixon of the 151st and others:
A bill to provide that the State shall be liable for damages to beehives caused by bears under certain conditions; to provide that the owner of the beehive shall have the right to destroy bears under certain conditions; to provide the procedures connected therewith.
HB 1276. By Representative Fraser of the 139th :
A bill to amend Code Chapter 26-24, relating to the crimes of perjury and other falsifications.
HB 1330. By Representative Carr of the 105th :
A bill to be known as the "Georgia Liming Materials Act of 1976"; to regulate the distribution and sale of agricultural limestone and other liming materials; to provide for a short title; to provide for definitions; to provide for standards for certain materials.
HB 1562. By Representatives Carlisle of the 71st and Lambert of the 112th:
A bill to amend Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meanings such terms have in the United States Internal Revenue Code of the 1954 in force and effect on January 1, 1976.
HB 1602. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" as amended so as to authorize the Governor to direct and imple ment such internal reorganization of the Department of Human Re sources as he may find necessary to improve the management and administration of the functions assigned to the Department.

760

JOURNAL OF THE SENATE,

HB 1620. By Representatives Phillips of the 120th, Nessmith of the 82nd and Clifton of the 107th:
A bill to provide for the regulation of professional soil classifying1 ; to provide for definitions; to provide for a State Board of Registration for Professional Soil Classifiers, and its members, powers, duties and authority; to provide for an advisory council and its members, powers, duties and authority.

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

HB 1360. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of commissioner of Chattooga County so as to create a Board of Commissioners of Chattooga County.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1440. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to abolish the office of coroner and create in lieu thereof the office of county medical examiner in all counties of this State having a popu lation of not less than 90,000 and not more than 140,000.

The House insists on its position in substituting the following bills of the Senate:

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and Barnes of the 33rd:
A bill relating to criminal procedure, as amended, so as to provide for discovery and inspection in criminal cases; to provide for orders.

SB 345. By Senators Kidd of the 25th and Lester of the 23rd:
A bill relating to hospitalixation of the mentally ill, so as to provide for hearings for persons who are involuntarily committed to State facilities because of mental illness.

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

HR 527. By Representatives Culpepper of the 98th, Walker of the 115th, Smith of the 78th and others:
A resolution designating a portion of U.S. Highway 41 and a portion of U.S. Highway 341 as the "Peach Blossom Trail".

WEDNESDAY, FEBRUARY 11, 1970

701

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 608. By Senators Stair of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to provide that no county, municipality, school district, authority, division, instrumentality, political subdivision or public body corporate of this State shall be authorized to file a petition for relief from or composition of its debts under any federal statute providing for such relief or composition.
Referred to Committee on County and Urban Affairs.

SB 609. By Senator Holloway of the 12th:
A bill to amend the Campaign and Financial Disclosure Act, as amended, so as to change certain of the provisions thereof relating to the filing of campaign disclosure reports; to provide for additional content of such reports. Referred to Committee on Rules.
SB 610. By Senators Stephens of the 36th, Starr of the 44th, Holloway of the 12th and others:
A bill to provide for the regulation of elevators, dumbwaiters, escalators, moving walks, manlifts and facilities and equipment associated there with; to provide for definitions; to provide for the creation of the Elevator Safety Board and for the appointment of the members thereof and the powers and duties thereof. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
SB 611. By Senator Barnes of the 33rd:
A bill to create the Georgia Fire Academy; to provide for the purposes of the Academy; to create the Georgia Fire Academy Board; to provide that the Academy shall be attached to the Department of Public Safety for administrative purposes only; to amend the Georgia Firefighter Standards and Training Act, to replace the Georgia Fire Institute with the Georgia Fire Academy. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 612. By Senator Traylor of the 3rd:
A bill to amend an Act placing the Sheriff, Deputy Sheriff and Clerk of the Superior Court of Bryan County upon an annual salary, as amended, so as to change the provisions relative to the employment of deputies. Referred to Committee on County and Urban Affairs.

762

JOURNAL OF THE SENATE,

SB 613. By Senator Traylor of the 3rd:
A bill to amend a Act creating a Board of Commissioners for Effingham County to be elected by the qualified voters thereof, as amended, so as to change the terms of office of members of the board. Referred to Committee on County and Urban Affairs.

SB 614. By Senator Traylor of the 3rd:
A bill to provide a new charter for the City of Hardwicke, Georgia; to provide that this Act shall repeal and replace the previous charters provided for the City of Hardwicke by the laws of this State; to provide for definitions; to provide for the corporate limits; to provide for cor porate powers. Referred to Committee on Countv and Urban Affairs.

SR 331. By Senators Shapard of the 28th, Fincher of the 54th, Hudson of the 35th and others: A resolution relative to changes in the Public Assistance Laws.
Referred to Committee on Human Resources.
SR 332. By Senator Brown of the 47th: A resolution authorizing the conveyance of certain State-owned real property located within Elbert County to Elbert County; authorizing the sale and transfer of certain State-owned surplus personal property to Elbert County.
Referred to Committee on Public Utilities.
SR 333. By Senators Stair of the 44th, Howard of the 42nd and Langford of the 51st: A resolution urging Congress to amend Public Law 92-603, known as Title XVI of the Social Security Act--Supplemental Security Income for the Aged, Blind and Disabled, in order to strengthen and clarify eligibility requirements under the Act.
Referred to Committee on Human Resuorces.
SR 336. By Senators Garrard of the 37th, Kidd of the 25th, Gillis of the 20th and others: A resolution proposing an amendment to the Constitution, so as to provide that the President Pro Tempore of the Senate shall become President of the Senate in case of the death, resignation or disability of the President of the Senate; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 11, 1976

763

SR 337. By Senators Starr of the 44th, Kidd of the 25th, Langford of the 51st and others:
A resolution proposing an amendment to the Constitution, so as to provide that the General Assembly may divide the State Board of Par dons and Paroles into panels of not less than three members; to provide for the jurisdiction of such panels and the Board; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SR 339. By Senator Riley of the 1st:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to The Branigar Organization, Inc., an Illinois corporation authorized to do business in Georgia, an easement for the construction, operation and maintenance of a community marina. Referred to Committee on Public Utilities.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 738. By Representatives Sweat of the 150th, Reaves of the 147th, Dixon of the 151st and others:
A bill to provide that the State shall be liable for damages to beehives caused by bears under certain conditions; to provide that the owner of the beehive shall have the right to destroy bears under certain conditions; to provide the procedures connected therewith. Referred to Committee on Agriculture.

HB 757. By Representatives Bolster of the 30th, McKinney of the 35th, Greer of the 43rd and others:
A bill to provide for the regulation and control of persons, firms or corporations who provide health care services and who offer health care plans; to provide for necessary matters connected therewith. Referred to Committee on Human Resources.

HB 1276. By Representative Eraser of the 139th:
A bill to amend Code Chapter 26-24, relating to the crimes of perjury and other falsifications. Referred to Committee on Judiciary.
HB 1330. By Representative Carr of the 105th :
A bill to be known as the "Georgia Liming Materials Act of 1976"; to regulate the distribution and sale of agricultural limestone and other liming materials; to provide for a short title; to provide for definitions; to provide for standards for certain materials. Referred to Committee on Agriculture.

764

JOURNAL OF THE SENATE,

HB 1562. By Representatives Carlisle of the 71st and Lambert of the 112th:
A bill to amend Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1976. Referred to Committee on Banking, Finance and Insurance.

HB 1602. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" as amended so as to authorize the Governor to direct and implement such internal reorganization of the Department of Human Resources as he may find necessary to improve the management and administration of the functions assigned to the Department.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1620. By Representatives Phillips of the 120th, Nessmith of the 82nd and Clifton of the 107th:
A bill to provide for the regulation of professional soil classifying; to provide for definitions; to provide for a State Board of Registration for Professional Soil Classifiers, and its members, powers, duties and authority; to provide for an advisory council and its members, powers, duties and authority. Referred to Committee on Agriculture.

HR 527. By Representatives Culpepper of the 98th, Walker of the 115th, and others:
A resolution designating a portion of U.S. Highway 41 and a portion of U.S. Highway 341 as the "Peach Blossom Trail". Referred to Committee on Transportation.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance & Insurance has had under consideration the following bills of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 567. Do pass. HB 1230. Do pass. HB 1231. Do pass.

WEDNESDAY, FEBRUARY 11, 1976

765

HB 1232. Do pass. HB 1233. Do pass. HB 1234. Do pass. HB 1235. Do pass. HB 1236. Do pass. HB 1237. Do pass. HB 1238. Do pass. HB 1239. Do pass. HB 1240. Do pass. HB 1241. Do pass. HB 1245. Do pass. HB 1384. Do pass. HB 1316. Do pass.

Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 595. Do pass. SB 525. Do pass by substitute. SR 318. Do pass by substitute. SR 266. Do pass. HB 659. Do pass. HB 300. Do pass.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:

766

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Human Resources has had under consideration the fol lowing bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:

SB 437. Do pass as amended.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:

SB 46. Do pass by substitute.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 489. Do pass by substitute. HR 464. Do pass by substitute.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Gillis of the 20th District, Chairman of the Committee on Natural Resources & Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources & Environmental Quality has had under consideration the following resolution of the Senate and has instructed

WEDNESDAY, FEBRUARY 11, 1976

767

me, as Chairman, to report the same back to the Senate with the following recommendation:

SR 268. Do pass by substitute.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 77. Do not pass SB 497. Do pass. SB 512. Do pass by substitute. SB 513. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 581. Do pass. SB 594. Do pass. HB 1403. Do pass. HR 497. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

768

JOURNAL OF THE SENATE,

SB 432. By Senator Langford of the 51st:
A bill to amend Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying- a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings, Code Section 26-2903, relating to carrying pistols without licenses and Code Section 26-2906, relating to machine guns.

SB 484. By Senators Traylor of the 3rd, Riley of the 1st, Gillis of the 20th and others:
A bill to amend an Act providing the procedures for the purchase of supplies, materials and equipment for the various State departments' and agencies' needs, as amended, so as to provide that competitive bids shall not be required where the amount of the purchase is less than $100.

SB 502. By Senator Coverdell of the 40th:
A bill to create and establish the Department of Actuarial Services; to establish the office of State Actuary; to determine the qualifications, manner of election, term of office, and method of filling vacancies in the office of State Actuary; to provide for compensation and expenses of the State Actuary.

SB 511. By Senator Robinson of the 27th:
A bill to amend an Act providing for compulsory school attendance, so as to authorize specified persons to arrest or assume temporary custody of a child who is subject to compulsory full-time education, is away from home, and is absent from school without a valid excuse within the county, city or area school district.
SB 516. By Senator Holloway of the 12th:
A bill to amend Code Section 100-108, relating to bonds and securities required to secure State deposits, as amended, so as to provide that debt obligations issued by certain federal agencies shall be accepted as collateral by the Director of the Fiscal Division of the Department of Administrative Services to secure State funds on deposit in State depositories.
SB 528. By Senators McGill of the 24th and Duncan of the 30th :
A bill to amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, so as to provide that eligible municipalities which fail to file or which file after the cutoff date the required certification for funds in Fiscal Year 1976 may file or refile a late certificate and qualify for Fiscal Year 1976 funds.
SB 546. By Senator McDowell of the 2nd:
A bill to prohibit discrimination based on age in the creation or operation of public or private retirement systems or pension plans; to provide

WEDNESDAY, FEBRUARY 11, 1976

769

minmum standards and requirements for public and private retirement or pension plans or systems.

SB 558. By Senator Garrard of the 37th:
A bill to amend an Act which provides for minimum standards for cer tain detention facilities within this State, so as to provide for inspections of such detention facilities; to establish levels of sanitation which must be maintained; to delineate the means of enforcing the provisions of the Act.

SB 560. By Senator Kidd of the 25th:
A bill to require State agencies to notify the Fiscal Division of the Department of Administrative Services upon acquiring the services of a consultant; to define certain terms; to require certain information to be included in notification statements; to provide for reports.

SB 565. By Senator Broun of the 46th:
A bill to amend Code Chapter 26-14, relating to arson and related offenses, so as to provide that it shall be unlawful for any person to damage any dwelling house, building, vehicle, railroad car, watercraft or any other structure in which another has a security interest including, but not limited to, a mortgage, lien or conveyance to secure debt, by means of fire or explosives.

SB 579. By Senator Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, super seding and consolidating the laws relating to the State Board of Cor rections and to prisons, public works camps and prisoners, so as to provide that it shall be unlawful for any person to obtain or procure for or give to a convict a weapon, intoxicating liquors, drugs or any other article or item without the consent of the warden or deputy warden.

SB 578. By Senator Kennedy of the 4th:
A bill to amend an Act known as the "Statewide Probation Act", as amended, so as to provide that as a condition of probation the court shall impose upon the probationer the payment of a fee of up to ten dollars ($10.00) per month to assist in defraying the expenses of super vising said probationer.

SB 580. By Senators Timmons of the llth, Button of the 9th and Gillis of the 20th:
A bill to amend Code Chapter 73-1, relative to the sale of paints and linseed oil, so as to make it unlawful for any person, firm or corporation to distribute, sell or offer for sale within this State any paint used specifically for marking timber if such paint will not remain effective for a period of at least 12 months.

770

JOURNAL OP THE SENATE,

SB 586. By Senator Sutton of the 9th:
A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, as amended, so as to include real estate brokers within certain provisions of said Act.

SB 588. By Senator Pearce of the 16th:
A bill to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to change certain definitions; to provide for coverage for certain elected and appointed officials.

SR 298. By Senators Fincher of the 54th, Riley of the 1st, Lester of the 23rd and others:
A resolution creating the Medicaid Claim Processing Study Committee.

SR 310. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State-owned real property located in Baldwin County, Georgia, to Mrs. Adele Louise Tucker and naming said real property the Adele Louise Tucker Park upon its reversion to the State.

SR 319. By Senators Ballard of the 45th, Tysinger of the 41st and Barnes of the 33rd:
A resolution to create the Joint Workmen's Compensation Law Study Committee; to provide for the duties, powers and authorities of the Committee; to provide for technical and professional support; to provide for a report of Committee findings and recommendations.

SR 322. By Senator Lewis of the 21st:
A resolution authorizing the conveyance of certain State-owned real property located within Burke County to the Board of Commissioners of Burke County; authorizing the sale and transfer of certain State-owned surplus personnel property to the Board of Commissioners of Burke County.

HB 164. By Messrs. Jones of the 126th, Hudson of the 137th, Eraser of the 139th and others:
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served.

HB 171. By Messrs. Cox of the 141st, Long of the 142nd and Evans of the 84th:
A bill to provide for the grant of visitation rights to the grandparents of certain children; to provide for the enforcement of the grant of such rights.

WEDNESDAY, FEBRUARY 11, 1976

771

HB 1228. By Representative Walker of the 115th:
A bill to repeal an Act known as the Municipal Home Rule Law to provide for the construction of this Act.

HB 1269. By Representatives Tolbert, Davis and Floyd of the 56th, Williamson of the 45th and others:

A bill to amend an Act known as the Adequate Program for Education

in Georgia Act, approved March 26, 1974, as amended, so as to provide

for the recitation of the Pledge of Allegiance to the flag of the United

States of America by students in the public schools of the State of

Georgia.

:

HB 1291. By Representatives Beck of the 148th, Long of the 142nd, Reaves of the 147th and others:
A bill to provide that pecans falling from trees grown on private prop erty onto public road, street or highway rights-of-way shall be the property of the owner of such trees during the harvesting season.

HB 1324. By Representatives Childs of the 51st, Parkman of the 66th, Irvin of the 23rd and others:
A bill to provide that each county and each municipality and any com bination of any such political subdivisions may exercise the power of planning and zoning.

HB 1325. By Representatives Snow of the 1st, Walker of the 115th, Carnes of the 43rd and others:
A bill to amend an Act comprehensively and exhaustively revising, super seding and modernizing procedure for a review of assessments made by county boards of tax assessors, approved April 6, 1972, as amended, so as to provide that alternate members of the board of equalization, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a member.

HB 1334. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend Code Chapter 89-5, relating to vacancies and resignations of public officers as amended, so as to provide a procedure for suspending county officers from office pending the outcome of any direct appeal taken from conviction of a felony; to provide for appointment of temporary officers.

HB 1391. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to regulate the distribution, sale, transportation, use and disposal of pesticides in the State of Georgia; to provide a short title; to provide for an enforcing official; to provide definitions; to describe misbranding; to specify prohibited acts; to provide for registration.

772

JOURNAL OF THE SENATE,

HB 1392. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to amend the Structural Pest Control Act approved March 7, 1955 so as to provide for additional definitions; to correct certain reference in the membership of the Structural Pest Control Commission,

HB 1393. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to regulate the application of pesticides by any means within the State of Georgia; to provide a short title; to provide an enforcing official; to provide a declaration of purpose; to provide for definitions; to provide for adoption of regulations.

HR 498. By Representative Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of new manufacturing, processing, storage or transhipment facilities by authorizing the governing authority of Dodge County to provide for the exemption from all ad valorem taxation by such governing authority.

HR 503. By Representatives Jones of the 126th, Chance of the 129th, Taggart of the 125th and others:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia to grant and convey to Georgia Pacific Corp., a Georgia corporation, its successors and assigns, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Ga.
HR 540. By Representatives Jones of the 126th, Chance of the 129th, Triplett of the 128th and others:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Ga., to grant and convey to Pierpont-Corbett Box Company, Inc., a Ga. corporations, its successors and assigns, an irrevocable easement for a term of years over, under, across and through certain property owned or claimed by the State of Ga. and located in Chatham County, Ga.
HR 567. By Representatives Jones of the 126th, Taggart of the 125th, Chance of the 129th and others:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to grant and convey to Union Camp Corporation, a Virginia corporation, domesticated in Georgia, certain State-owned or claimed property situate in the Savannah River, Chatham County, Georgia.
SB 568. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to change the provisions relating to

WEDNESDAY, FEBRUARY 11, 1976

773

costs; to include suits, actions and cases filed in certain courts within the provisions of said Act.

SB 589. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, so as to change the jurisdiction of the Small Claims Court of Baldwin County.

SB 591. By Senator Kidd of the 25th:
A bill to create and establish a Small Claims Court of Hancock County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of such small claims court.

SB 592. By Senator Kidd of the 25th:
A bill to repeal an Act creating and establishing a small claims court in each county having a population of not less than 9,977 and not more than 10,140 according to the official United States Decennial Census of 1960 or any future such census, as amended; to provide an effective date.

SR 317. By Senator Thompson of the 32nd:
A resolution proposing an amendment to the Constitution, so as to pro vide a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have net income not exceeding $6,000.00 for the immediately preced ing taxable year; to provide for the submission of this amendment for ratification or rejection.

HB 838. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others :
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County so as to provide the court with authority to assess fines not to exceed the sum of $500.00 for any single offense.

HB 839. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others:
A bill to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Ga. and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County so as to change certain provisions relating to fines and punishment.

774

JOURNAL OF THE SENATE,

HB 1411. By Representative Buck of the 95th:
A bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and estab lishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change the procedure of filling a vacancy created by the death of the judge of the municipal court.

HB 1420. By Representatives Kilgore of the 65th and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to change the qualifications for members of the board of commissioners.

HB 1434. By Representatives Parrish of the 97th, Buck of the 95th, Smyre of the 92nd and others:
A bill to amend an Act requiring the sheriffs of this State to keep a record of prisoners committed to the jail of the county of which they are sheriff, so as to add Muscogee County to the proviso in said Act now applicable to Richmond County, to the effect that such book shall be kept at the jail by the jailer, and shall otherwise be kept as provided in said law for sheriffs.

HB 1448. By Representative Jessup of the 117th:
A bill to amend an Act incorporating the Town of Pineview so as to change the terms of office of the mayor and council; to stagger their terms of office.

HB 1455. By Representative Lambert of the 112th:
A bill to amend an Act incorporating the City of White Plains in the County of Greene so as to change the terms of office of mayor and councilmen of said city; to change the term of office of the mayor pro tern.

HB 1462. By Representatives Buck of the 95th, Berry of the 94th, Thompson of the 93rd and others:
A bill to amend an Act providing an annual salary for the coroners in all counties of this State having a population of not less than 165,000 or more than 175,000 so as to change the salary of such coroners.

HB 1496. By Representatives Clark, Milford and Mann of the 13th:
A bill to amend an Act creating a Board of Commissioners of Madison County, Ga. so as to change the provisions relative to meetings of the board; to change the compensation of the chairman and other members of the board of commissioners.

WEDNESDAY, FEBRUARY 11, 1976

775

HB 1522. By Representatives Carter and Patten of the 146th:
A bill to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof so as to increase the maximum interest rate on bonds and other obligations of the authority.

HB 1525. By Representatives Wheeler and Foster of the 152nd:
A bill to provide for the election of members of the Board of Education of Bacon County; to provide for education districts and posts; to provide for the election of the Chairman and members of the Board.

HB 1537. By Representative Crawford of the 5th:
A bill to amend an Act placing the Clerk of the Superior Court of Chattooga County upon an annual salary so as to change the provisions relative to the deputy clerk; to provide for budgets for the operation of the clerk's office.

HB 1538. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of Tax Commissioner of Chattooga County so as to change the provisions relative to personnel of the Tax Commissioner.

HB 1539. By Representative Crawford of the 5th:
A bill to amend an Act placing the Judge of the Probate Court of Chat tooga County upon an annual salary so as to change the provisions rela tive to clerical help for said officer; to provide for an annual budget for the operation of the office of said officer.

HB 1546, By Representative Carrell of the 75th:
A bill to amend an Act creating a small claims court in and for each county of the State having a population of not less than 22,830 and not more than 23,500 so as to change the jurisdictional amount of the small claims court.

HB 1553. By Representatives Carter and Patten of the 146th:
A bill to amend an Act to consolidate all of the laws chartering the City of Adel in the County of Cook and to grant a new charter to said city so as to change the corporate limits.

HR 541. By Representatives Wilson and Cooper of the 19th, Burruss and Kreeger of the 21st, and Harrison and Nix of the 20th:
A resolution proposing an amendment to the Constitution so as to ex clude certain retirement, pension or disability benefits, up to a maximum amount in determining income for the purpose of persons 62 or over or

776

JOURNAL OF THE SENATE,

persons who are totally disabled qualifying for the homestead exemption of $2,000.00 from ad valorem taxation by the City of Marietta.

HR 550. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the Justices of the Peace of Houston County shall have jurisdiction.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers Button Thompson Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Bond Dean of 6th Dean of 31st

Duncan Stephens Tate

Timmons

Senator Shapard of the 28th introduced the chaplain of the day, Rev. Ralph S. Estes, pastor of Devotie Baptist Church, Experiment, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 334. By Senator Holloway of the 12th: A resolution relative to the magnificent painting entitled We the People.

SR 335. By Senators Timmons of the llth and Holloway of the 12th : A resolution commending Mrs. Bertha G. Maguire.

WEDNESDAY, FEBRUARY 11, 1976

777

SR 338. By Senators Overby of the 49th, Reynolds of the 48th, Foster of the 50th and others:
A resolution welcoming the American Society of Association Executives to Atlanta and the State of Georgia.

SR 340. By Senator Button of the 9th: A resolution expressing regret at the passing of Dr. J. Clyde Driggers.

SENATE CALENDAR Wednesday, February 11, 1976
SR 299 Certificate of Need for Health Facilities--study committee
SB 472 Landlords--account to tenants for security interest (SUB)
SB 475 Public Safety and Welfare--mutual aid agreements among fire depts.
SB 566 Personnel Board and Merit System--add certain definitions (SUB)
SB 572 Transportation Department Enforcement Officers--duties and powers
SB 575 Public Transportation Code--revise definition of "public road" SB 576 General Primary--held same time as Presidential Primary SB 582 Motor Vehicle Owner--modernize financial responsibility laws SB 583 Driver's License--provide distinctive license for persons under 18 SB 587 Municipal Primary & Election--same date as general primary &
election SR 307 Dept. of Community Dev.--change to Dept. of Industry and Trade HB 1256 State Patrol Post--2 solid colored marked vehicles per post HB 1529 Motor Vehicle Inspection Stickers--replacement of Windshield
The following general resolution and bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SR 299. By Senator Fincher of the 54th: A resolution creating the Study Committee to develop proposed legisla tion regarding Certification of Need for Health Facilities.

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Senator Garrard of the 37th offered the following substitute to SR 299:

A RESOLUTION
Creating the Study Committee to develop proposed legislation re garding Certification of Need for Health Facilities.
WHEREAS, equitable access to adequate health care at reasonable cost for all citizens of Georgia is a concern of great priority; and
WHEREAS, the cost of health care is continuing to increase at a rate higher than that for other goods and services; and
WHEREAS, unnecessary duplication of facilities and services is a major contributing factor to increasing the cost of health care to the public; and
WHEREAS, it is desirable, therefore, that health facilities and serv ices be initiated or expanded only in terms of their actual need by the community which they serve; and
WHEREAS, a State program of Certification of Need prior to initiation or expansion of health facilities and services is now a require ment of Federal law if the State is to receive Federal monies for health services in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a Study Com mittee to be composed of thirteen (13) members. The Speaker of the House shall appoint two (2) members from the House Committee on Health and Ecology and one (1) member from the House at large. The President of the Senate shall appoint two (2) members from the Senate Committee on Human Resources and one (1) member from the Senate at large. The Governor shall appoint two (2) members. Of the remaining five (5) members, three shall be appointed by the Speaker of the House upon recommendation of the following organizations and departments: one member from the Georgia Hospital Association, one member from the Department of Human Resources, and one member from the State Health Planning and Development Agency when designated pursuant to Public Law 93-641, the National Health Planning and Resources De velopment Act of 1974. The remaining two members shall be appointed by the Lieutenant Governor upon recommendation of the following or ganizations: one member from the Georgia Nursing Home Association and one member from the Medical Association of Georgia.
BE IT FURTHER RESOLVED that the Committee shall conduct a thorough study of appropriate State and Federal laws and shall prepare for introduction in the 1977 Session of the Georgia General Assembly legislation to assure that the State of Georgia shall be in compliance with the requirements of P.L. 93-641 in relation to a State program for Certification of Need. The Committee shall be authorized to make such inquiries and investigations as it deems necessary and to solicit coopera-

WEDNESDAY, FEBRUARY 11, 1976

779

tion of all appropriate persons. It shall conduct such meetings at such times and places as it may deem necessary to fully and effectively per form its duties and accomplish the purposes of this Resolution.

BE IT FURTHER RESOLVED that each member of the Committee who is also a member of the Georgia Legislature shall receive such ex penses and allowances as are authorized for members of interim legis lative committees, but shall receive the same for not more than twenty (20) days unless additional days are authorized by the President and the Speaker. The funds necessary to carry out the provisions of this Resolu tion shall come from the funds appropriated to or available to the Legis lative Branch of Government. The Committee shall complete its prepara tion of a Bill on or before December 1, 1976, and shall make such ar rangements as are necessary to assure introduction of said Bill im mediately following the convening of the 1977 Session of the Georgia Legislature.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.,

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McDowell Overby Reynolds Riley

Robinson Shapard Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Gillis Holley

Lewis McDuffie

McGill

Those not voting were Senators:

Bell Broun of 46th Dean of 6th

Dean of 31st Pearce Russell

Starr Stephens

On the adoption of the resolution, the yeas were 43, nays 5.

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

SB 472. By Senators Reynolds of the 48th, Riley of the 1st, Broun of the 46th and others:
A bill to provide that landlords shall account to their tenants for interest on security or damage deposits placed with the landlord; to provide the procedures connected therewith.

The Senate Committee on Judiciary offered the following substitute to SB 472:

A BILL
To be entitled an Act to provide that landlords shall place security deposits of their tenants in escrow accounts; to define certain terms; to provide for certain inspections by the landlord and tenant; to provide for the return of security deposits; to provide for liability for damages to property; to provide for liability for the wrongful withholding of security deposits; to restrict certain rights of the landlord; to provide exceptions; to provide for other matters relative thereto; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Definitions. As used in this Act, unless the context otherwise requires, the term:
(a) "Security deposit" means money or any other form of security given after July 1, 1976, by a tenant to a landlord to be held by the landlord on behalf of a tenant by virtue of a residential rental agree ment including, but not limited to, damage deposits, advance rent de posits, and pet deposits. The term "security deposit" does not include earnest money or pet fees which are not to be returned to the tenant under the terms of the residential rental agreement.
(b) "Residential rental agreement" means a contract, lease or license agreement for the rental or use of real property as a dwelling place.
Section 2. Security deposits to be placed in escrow accounts, (a) Whenever a security deposit is held by a landlord or his agent on behalf of a tenant, such security deposit shall be deposited in an escrow account used only for that purpose in any bank, trust company or savings and loan association doing business in this State. Such security deposit shall continue to be the property of the tenant and shall be held in trust by thclandlord or his agent.
Section 3. Inspections; agreement as to damages, (a) Prior to tendering a security deposit, the tenant shall be presented, for the ten-

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781

ant's permanent retention, with a comprehensive listing of any then existing damage to the premises. The tenant shall have the right to in spect the premises to ascertain the accuracy of such listing prior to tak ing occupancy. The landlord and the tenant shall sign the listing, which shall then be conclusive evidence of the accuracy of such listing but shall not be conclusive as to latent defects. If the tenant refuses to sign such listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents, and shall sign such statement of dissent.

(b) The tenant shall notify the landlord at least three days prior to vacating the premises and shall notify the landlord of a forwarding address.

(c) Within three days after the date of the termination of occu pancy, the landlord and the tenant or their designated agents shall in spect the premises and compile a comprehensive listing of any damage done to the premises which is the basis for any charge against the secur ity deposit and the estimated dollar value of such damage. The landlord and the tenant shall sign the listing which shall then be conclusive evi dence of the accuracy of such listing. A tenant shall not be required to sign such listing if he does not agree with the landlord's appraisal of such damage. If the tenant terminates occupancy without notifying the landlord, the landlord may make such final inspection within a reason able time after discovering the termination of occupancy.
Section 4. Return of security deposit, (a) A landlord, within 15 days after the termination of the residential lease or the surrender and acceptance of the premises, whichever occurs last, shall return to the tenant the full security deposit deposited with the landlord by the tenant, except as otherwise provided in this Section. In the event that actual cause exists for retaining any portion of the security deposit, the land lord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. If the reason for retention is based on damages to the premises, such damages shall be listed. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Sec tion by mailing via first class mail said statement and any payment required to the forwarding address given by the tenant. If the tenant vacates the premises without leaving a forwarding address or if the letter containing the payment is returned to the landlord, and if the landlord is unable to locate the tenant after reasonable effort, then the payment shall become property of the landlord 90 days from the date the payment was mailed. Nothing in this Section shall preclude the land lord from retaining the security deposit for nonpayment of rent or for actual damages caused by the tenant's breach, provided the landlord at tempts to mitigate said actual damages.
Section 5. Liability of landlord. A tenant who disagrees with the landlord over the amount of the security deposit retained by the land lord may bring an action to recover the portion of the security deposit which the tenant believes is wrongfully withheld, in any court of compe tent jurisdiction in this State. If it is determined in any court action that the landlord wrongfully retained any part of a security deposit, the land lord shall be liable to the tenant for the amount improperly withheld, plus reasonable attorney's fees and court costs.

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Section 6. Rights of landlord conditioned on certain duties. A land lord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance with Section 2 and if the initial and final damage listings required by Section 3 are not made and provided to the tenant.

Section 7. Exceptions. The provisions of this Act shall not be ap plicable to a landlord whose security deposits from all tenants do not total an amount in excess of $1,000.00.

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

Senator Reynolds of the 48th offered the following amendment:
Amend the substitute offered by the Senate Committee on Judiciary to SB 472 by inserting after the word "thereto" in line 9 of Page 1 the following:
"to provide for a penalty;".
And by striking the last sentence of Section 2 and substituting in lieu thereof the following:
"Any person who shall fail to place a security deposit in an escrow account shall be guilty of a misdemeanor of a high and ag gravated nature and shall be punished, upon conviction thereof, as provided in Code Section 27-2506.1."
On the adoption of the amendment to the committee substitute, the yeas were 30, nays 4, and the amendment was adopted.

On the adoption of the substitute, the yeas were 38, nays 3, and the substitute was adopted as amended.
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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Bond Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Duncan Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudson

WEDNESDAY, FEBRUARY 11, 1976

783

Kennedy Kidd Langford Lester Lewis McDowell McDuffie

Overby Pearce Reynolds Riley Robinson Starr Stumbaugh

Summers Sutton Tate Traylor Tysinger Warren

Those voting in the negative were Senators:

Ballard Barker Brantley Eldridge

Hill Holley Hudgins Russell

Shapard Timmons Turner Young

Those not voting were Senators McGill, Stephens and Thompson.

On the passage of the bill, the yeas were 41, nays 12.

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

Senator Reynolds of the 48th moved that SB 472 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 472 was immediately transmitted to the House.

SB 566. By Senator Kidd of the 25th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, so as to add certain definitions.

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following substitute to SB 566:

A BILL
To be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administra tion, approved March 13, 1975 (Ga. Laws 1975, p. 79), so as to add certain definitions; to provide that any reference to Director of the State Merit System or Merit System Director in Georgia Laws means the State Commissioner of Personnel Administration; to clarify the pro visions relating to hearings on adverse personnel actions by the Board;

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to change the provisions on adverse actions, appeals and hearings so as to clarify that permanent status employees cannot be terminated except for cause; to change the provisions on payroll certifications so as to provide that one-half of the payrolls received from each department must be audited; to provide for additional powers and duties of the State Personnel Board; to provide for a procedure for hearings and judicial review of decisions of the State Personnel Board; to provide for legis lative intent; to provide for severability; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other pur poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), is hereby amended by striking para graph (14) of subsection (a) of Section 2 in its entirety and inserting in lieu thereof new paragraphs (14), (15), (16) and (17), to read as follows:

"(14) 'State Commissioner of Personnel Administration' and 'Commissioner' mean the chief executive officer of the State Merit System who is responsible for administering the State personnel program in accordance with applicable State and federal laws and the policies of the State Personnel Board. Any reference in other Georgia Laws to the Director of the State Merit System or the Mei'it System Director shall mean the State Commissioner of Personnel Administration.

(15) 'Working test' or 'working test period' means the initial period of employment in a class of covered positions following ap pointment, reappointment or promotion. During this period, the em ployee is expected to demonstrate to the satisfaction of the appoint ing authority that he has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which he has been employed. The working test period will normally be the first six (6) months in the class of positions; provided, however, that the Commissioner may fix the length of the working test period for any class at not less than three (3) months nor more than twelve ( 12) months, exclusive of time spent in nonpay status or in an uncovered position.

(16) 'Working test employee' or 'employee on working test' means a covered employee serving a working test in the class of covered positions in which he has been employed; provided, how ever, that an employee serving a working test period following a
promotion from a lower class in which he held permanent status shall retain permanent status rights in the lower class until he attains permanent status in the class to which he has been pro moted.

(17) 'Permanent employee", 'permanent status employee' or 'employee on permanent status' means an employee who has sue-

WEDNESDAY, FEBRUARY 11, 1976

785

cessfully completed a working- test period in the class of positions in which he has been employed."

Section ,2. Said Act is further amended by adding the phrase", other adverse personnel actions as defined by the rules and regulations of the State Merit System" after the word "dismissals" and before the word "and" in the first sentence of paragraph (4) of subsection (b) of Section 4, so that paragraph (4) of subsection (b) of Section 4 when so amended shall read as follows:

"(4) To conduct hearings and render decisions on dismissals, other adverse personnel actions as defined by the rules and regula tions of the State Merit System and other purported violations 01 the rules and regulations in the several departments which are in cluded in the career service, with the provision that the State Per sonnel Board is authorized to appoint a hearing officer(s) for the purpose of holding hearings, compiling evidence and submitting said evidence to the State Personnel Board for its determination and for making investigations on behalf of the Board relating to personnel matters. All appeals determinations of the Board shall be written and documented as to findings of fact, basis for decisions and pre scribed remedies."

Section 3. Said Act is further amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) of Section 7 to read as follows:

"(a) No permanent status employee may be dismissed from employment or otherwise adversely affected as to compensation or employment status except for good cause as shall be specified in the rules and regulations of the State Merit System; provided, however, that this provision shall not apply to persons separated from any department due to curtailment of funds or reduction in staff when such separation is in accordance with said rules and regulations. The decision of the Board on such an appeal as to whether or not the dismissal or other adverse action was for proper cause and in ac cordance with the rules and regulations prescribed by the State Merit System shall be binding upon the appointing authority of the employing department. The Board may modify the action of the department but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the Board shall not limit the rights of the employee or the department to judicial review as to errors of law."

Section 4. Said Act is further amended by adding a new Section between Section 7 and Section 8 to be designated Section 7A to read as follows:

"Section 7A. (a) Any laws to the contrary notwithstanding, from and after the effective date of this Section, all hearings on dismissals, other adverse personnel actions and other purported violations of the rules and regulations in the several departments which are included in the career service shall be instituted by filing

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a written appeal with the State Personnel Board upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the Board. The party appealing to the Board and the department from whose action the appeal is taken shall be notified in writing within seven (7) days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled.

(b) The State Personnel Board, any member of the Board, or any duly appointed hearing officer shall have the authority to do the following in connection with any hearing on a dismissal or other purported violation of the rules and regulations in the several de partments which are included in the career service: to administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the Board's jurisdiction over the subject matter or parties or for any other ground; dispose of mo tions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; reprimand or exclude from the hearing any person for any indecorous or improper conduct com mitted in the presence of the Board or the hearing officer.

(c) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner a? prescribed by law in civil cases in the superior court.

(d) With respect to all hearings before the Board or the hear ing officer:

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The Board shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

(2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon re quest, and at the discretion of the hearing officer or Board, parties shall be given an opportunity to compare the copy with the original.

(3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts.

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787

(4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the Board's specialized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material officially noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Board's experience, technical competence, and specialized knowledge may be utilized in the evalua tion of the evidence.

(e) With respect to hearings at which the Board did not pre side at the reception of the evidence, the hearing officer who pre sided shall, within thirty (30) days from the close of the evidence or, if necessary, a longer period of time approved by the Board, certify the entire record to the Board for decision. On review of the entire record from the hearing officer, the Board shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the hear ing officer, and including the review of any action taken by the hearing officer. In its discretion, the Board may take additional testimony or remand the matter to the hearing officer for such purpose. When the Board makes its decision without having presid ed at the reception of the evidence, the hearing officer shall first recommend a decision, a copy of which shall be sent to each party and which shall be made a part of the record before the Board.

(f) Unless precluded by law, informal disposition may be made of any proceeding before the Board or hearing officer by stipula tion, agreed settlement, consent order or default.

(g) As a part of its decision or order subsequent to any hear ing, the Board shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact, if set forth in statutory language, shall be accom panied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the Board's decision or order shall be mailed to all parties of record.
(h) Any party, including the State and any State board, bureau, commission or department, who has exhausted all adminis trative remedies available before the Board and who is aggrieved by a final decision or order of the Board on any hearing may seek judicial review of the final decision or order of the Board in the superior court of the county of the place of employment of the em ployee.

(i) Proceedings for review shall be instituted by filing a peti tion with the court within thirty (30) days after the decision or order is rendered. Copies of the petition shall be served upon the Board and all parties of record. The petition shall state the natuie of the petitioner's interest, the facts showing that petitioner is ag grieved by the decision of the Board, and the grounds upon which petitioner contends the decision or order should be reversed or re manded. The petition may be amended with leave of court.

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(j) Within thirty (30) days after the service of the petition, or within further time allowed by the court, the Board shall trans mit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

(k) The filing of the petition shall stay the enforcement of the Board's decision or order.

(1) If, before the date set for hearing the appeal by the super ior court, application is made to the court for leave to present addi tional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the Board, the court may order that the additional evidence be taken before the Board upon conditions determined by the court. The Board may modify its findings and decision or order by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions and orders with the reviewing court.

(m) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Board as to the weight of the evidence on questions of fact. The court may affirm the decision or ordsr of the Board or remand the case for further proceedings. The court may reverse the decision or order of the Board if substantial rights of the petitioner have been prejudiced because the Board's findings, inferences, conclusions, decisions or orders are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the Board;

(3) Made upon unlawful procedure;

(4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(5) Arbitrary or capricious or characterized by abuse of dis cretion or clearly unwarranted exercise of discretion.

(n) A party aggrieved by an order of the court in a proceed ing authorized under this Section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with an Act approved February 19, 1965 (Ga. Laws 1965, p. 18), as now or hereafter amended."

Section 5. Said Act is further amended by striking subsection (a) of Section 8 in its entirety and inserting in lieu thereof a new subsection (a) of Section 8 to read as follows:

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789

"(a) A copy of the payroll(s) of each department covered by this Act shall be submitted to the Commissioner in the form and manner prescribed by the Commissioner within 30 calendar days following each payroll period, except for those payrolls of local de partments of health and county departments of family and children services in which case a 60-calendar day submission deadline will be applicable. The Commissioner shall review the payrolls for con formity with the rules and regulations of the State Merit System and certify whether the payrolls reviewed conform to the said rules and regulations within 60 calendar days after receipt. Such review shall be made in accordance with generally accepted auditing stand ards and shall include an audit of not less than one-half of the pay rolls received from each department. Practices and procedures not in accordance with the rules and regulations shall be forwarded as payroll exceptions to the concerned department and the State Audi tor, who shall treat such exceptions in the same manner as all other audit exceptions."

Section 6. In the present law relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), and all former laws on this topic including, but not limited to, an Act authorizing the establishment of a Merit System of Personnel Administration to include the employees of the State Department of Labor, Public Welfare, or Health or any of them, approved February 4, 1943 (Ga. Laws 1943, p. 171), as amended, and an Act completely and exhaustively revising, superseding and con solidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 10, 1971 (Ga. Laws 1971, p. 45), as amended, it has always been the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain Merit System protection. It has been and still is the intent of the General Assembly that the suc cessful completion of this probationary period is part of the employment examination procedure.

Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main 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 hereby 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 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall be applicable to all hearings initiated on and after the date thio Act becomes effective.

Section 9. An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administra tion, approved March 13, 1975 (Ga. Laws 1975, p. 71), is hereby repeal ed in its entirety.

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Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 30, nays 0, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Poster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Coverdell and Hudgins.

On the passage of the bill, the yeas were 54, nays 0.

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

Senator Kidd of the 25th moved that SB 566 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 566 was immediately transmitted to the House.

SB 572. By Senator Reynolds of the 48th: A bill to amend an Act known as the Georgia Code of Public Transporta-

WEDNESDAY, FEBRUARY 11, 1976

791

tion, as amended, so as to specify the duties and powers of the enforce ment officers employed by the Department of Transportation; to pro vide for other matters; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Doss Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Hill

Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Broun of 46th Dean of 31st

Duncan Garrard Hudson

Russell

Those voting in the negative were Senators Dean of 6th and Eldridge.

On the passage of the bill, the yeas were 47, nays 2.

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

SB 575. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Transporta tion, as amended, so as to revise the definition of "public road"; to expand the Department of Transportation's authority to make contracts for the construction or maintenance of public roads; to revise the defini tion of "self-liquidating".

Senator Barnes of the 33rd offered the following amendment:

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Amend SB 575 by adding after "law" on line 13 Page 3 the following:

"Provided, however, the State Department of Transportation shall not contribute an amount in excess of 25 '/< of the total cost of the construction project."

On the adoption of the amendment, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bond Coverdell Dean of 6th Dean of 31st

Eldridge Hamilton of 34th Holloway Hudson Stephens

Sutton Thompson Tysinger Warren

Those voting in the negative were Senators:

Ballard Banks Barker Bell Broun of 46th Brown of 47th Carter Doss Fincher Gillis Hamilton of 26th

Hill Holley Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Pearce Reynolds Riley Robinson Shapard Starr Stumbaugh Summers Traylor Turner Young

Those not voting were Senators:

Brantley Duncan Foster

Garrard Howard Overby

Russell Tate Timmons

On the adoption of the amendment, the yeas were 14, nays 33, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks

Barker Bell

Brantley Bond

WEDNESDAY, FEBRUARY 11, 1976

793

Broun of 46th Brown of 47th Carter Coverdell Doss Fincher Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson

Shapard Starr Stephens Stumbaugh Summers Tate Thompson Traylor Turner Tysinger Young

Those voting in the negative were Senators:

Barnes Dean of 6th Dean of 31st

Eldridge Holloway Sutton

Warren

Those not voting were Senators:

Duncan Foster

Garrard Howard

Russell Timmons

On the passage of the bill, the yeas were 43, nays 7.

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

SB 576. By Senator Kidd of the 25th:
A bill to amend Code Section 34-801, relating to the general primary, as amended, so as to provide that the general primary shall be held at the same time as the Presidential Preference Primary under certain con ditions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley

Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill

794
Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis

JOURNAL OF THE SENATE,

McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Shapard Starr

Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those voting in the negative were Senators:

Eldridge

Fincher

Stumbaugh

Those not voting were Senators:

Ballard Brown of 47th

Duncan Russell

Warren

On the passage of the bill, the yeas were 48, nays 3.

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

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 576.

Senator Overby of the 49th introduced the doctor of the day, Dr. James Burns.

SB 582. By Senators Warren of the 43rd and Reynolds of the 48th:
A bill to revise, consolidate and modernize present laws relating to financial responsibility of operators or owners of motor vehicles upon the highways of this State and to establish new laws relating thereto; to codify such laws as Title 68C of the Code of Georgia of 1933, as amended; to define terms used in this Title.

Senator Warren of the 43rd offered the following amendment:
Amend SB 582 by striking on Page 3, line 1, the figures "$200" and substituting therefor the figures "$100".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

WEDNESDAY, FEBRUARY 11, 1976

795

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bonds Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Dean of 31st Hudgins

Pearce Robinson

Russell Young

On the passage of the bill, the yeas were 50, nays 0.

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

SB 583. By Senators Turner of the 8th, Eldridge of the 7th, Lewis of the 21st and others:
A bill to amend Code Section 68B-207, relating to the application for the issuance of drivers' licenses of persons under 18 years of age, so as to provide for distinctive drivers' licenses issued to such applicants.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

796

JOURNAL OP THE SENATE,

Carter Coverdell Dean of 6th Duncan Eldridge Poster Gillis Hamilton of 26th Hamilton of 34th Hill Holley
Holloway

Howard Hudson Kennedy Kidd Lester McDowell McDuffie McGill Overby Reynolds Riley
Robinson

Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger
Warren

Those not voting were Senators:

Dean of 31st Doss Fincher Garrard

Hudgins Langford Lewis Pearce

Russell Summers Young

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.
Senator Turner of the 8th moved that SB 583 be immediately transmitted to the House.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 583 was immediately transmitted to the House.

SB 587. By Senator Kidd of the 25th: A bill to amend Code Section 34A-706, relating to municipal primaries and elections held at the time of general primaries and elections, so as to provide upon a certain date for end of terms and even-year length of terms for all municipal offices.
Senator Coverdell of the 40th offered the following amendment:
Amend SB 587 by adding on line 21 after the word "governments" the following:
"except those municipal governments with a population of 400,000 or more according to the 1970 United States decennial census".

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

WEDNESDAY, FEBRUARY 11, 1976

797

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Fincher Foster

Gillis Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Lester McDowell

Those voting in the negative were Senators:

Banks Barnes Dean of 6th Eldridge

Hamilton of 26th McDuffie McGill Robinson

Those not voting were Senators:

Dean of 31st Doss Duncan Garrard

Hudgins Langford Lewis Pearce

Overby Reynolds Riley Shapard Stumbaugh Tate Timmons Traylor Turner Tysinger Warren
Starr Sutton Thompson
Russell Stephens Summers Young

On the passage of the bill, the yeas were 33, nays 11.

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

SR 307. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:

A RESOLUTION
Proposing an amendment to the Constitution to change the name and designation of the Department of Community Development to the Department of Industry and Trade; to change the name and designation of the Board of Community Development to the Board of Industry

798

JOURNAL OF THE SENATE,

and Trade; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section X, Paragraph I of the Constitution is hereby amended by striking Paragraph I in its entirety and sub stituting in lieu thereof a new Paragraph I, to read as follows:

"Paragraph I. There is hereby created the Department of Industry and Trade in lieu of and as successor to the Department of Community Development. Wherever the words "Department of Community Development" are used in any statute, they shall be held and taken to mean the Department of Industry and Trade. There is hereby created a Board of Industry and Trade in lieu of and as successor to the Board of Community Development. Wherever the words "Board of Community Development" are used in any statute they shall be held and taken to mean the Board of Industry and Trade. The Board shall be composed of twenty members, two from each Congressional District in the State. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Depart ment as shall be provided by law. Nothing herein shall affect the terms of office of members of the Board now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1 of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. In making appointment to the Board, the Governor shall insure that there is representation from local governments and area planning and development commissions as provided by law. The board shall appoint a Commissioner who shall be the Executive Officer and Administrative Head of the Department."

Section 2. Article V, Section X, Paragraph II of the Constitution is hereby amended by striking Paragraph II in its entirety and sub stituting in lieu thereof a new Paragraph II, to read as follows:

"Paragraph II. In addition to such powers and duties as may from time to time be conferred upon the Board of Industry and Trade and the Department of Industry and Trade, the Board of Industry and Trade shall be authorized to participate with any county, municipality, nonprofit organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this State, notwithstanding any other provisions of this Constitu tion to the contrary."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

WEDNESDAY, FEBRUARY 11, 1976

799

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to change the name and designation of the Department of Coni-
( ) NO munity Development to the Department of Industry and Trade and to change the name and designation of the Board of Community Development to the Board of Industry and Trade?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Eldridge Foster Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Lester McDowell McDuffie McGill Overby Riley

Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Barker Brown of 47th Dean of 31st Doss Duncan

Fincher Garrard Hudgins Langford Lewis

Pearce Reynolds Russell Summers Young

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

800

JOURNAL OF THE SENATE,

HB 1256. By Representative Lee of the 72nd:
Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954, as amended, so as to allow the Commissioner of the Department of Public Safety to authorize two solid colored marked vehicles per State Patrol Post.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Broun of 46th Brown of 47th Carter Eldridge Fincher Foster Gillis Hamilton of 26th Hamilton of 34th

Hill Holley Holloway Howard Hudson Kennedy Kidd Lester McDowell McDuffie McGill Overby Riley

Robinson Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Barker Bond Brantley Coverdell Dean of 31st Doss

Duncan Garrard Hudgins Langford Lewis Pearce

Reynolds Russell Summers Young

On the passage of the bill, the yeas were 39, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 1529. By Representatives Mostiler of the 71st and Childers of the 15th: Senate Sponsor: Senator Pearce of the 16th. A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" so as to authorize the operation of a vehicle without a

WEDNESDAY, FEBRUARY 11, 1976

801

certificate of inspection for a certain period of time after a windshield is replaced on such vehicle.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Eldridge Foster Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Lester McDowell McDuffie McGill Overby Reynolds

Those not voting were Senators:

Barker Dean of 31st Doss Duncan Fincher

Garrard Holley Hudgins Langford Lewis

Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
Pearce Russell Summers Young

On the passage of the bill, the yeas were 42, nays 0.

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

SB 475. By Senators Hamilton of the 34th, Hudson of the 35th, Stephens of the 36th and others:
A bill to provide for the public safety and welfare by authorizing partici pation by Federal, State, local governmental, private paid, industrial, and/or volunteer fire departments to enter into mutual aid agreements among themselves and/or other agencies.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

802

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Lester McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Button Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Brown of 47th Dean of 3'lst Doss Duncan

Hudgins Langford Lewis Pearce

Russell Summers Timmons Young

On the passage of the bill, the yeas were 44, nays 0.

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

The following bills of the Senate and House were taken up for the purpose of considering House action thereto:

SB 345. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to amend Chapter 88-5 of the Code of Georgia, relating to hospitalization of the mentally ill, so as to provide for hearings for persons who are involuntarily committed to State facilities because of mental illness; to provide for the payment of the expenses of such hearings.

Senator Kidd of the 25th moved that the Senate recede from its disagreement to the House substitute to SB 345.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House substitute to SB 345.

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and others:
A bill to amend Code Title 27, relating to criminal procedure, as amended, so as to provide for discovery and inspection in criminal cases; to pro-

WEDNESDAY, FEBRUARY 11, 1976

803

vide for orders; to provide for the inspection, copying and photographing of results of reports of physical or mental examinations and of scientific tests or experiments made in connection with the case, or copies thereof, within the possession, custody or control of the State's prosecuting attorney.

Senator Banks of the 17th moved that the Senate adhere to its disagreement to the House substitute to SB 144, and that a Conference Committee be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 144.

The President appointed as a Conference Committee on the part of the Senate the following: Senators Howard of the 42nd, Barnes of the 33rd and Banks of the 17th.

HB 926. By Representative Sigman of the 74th:
A bill to amend an Act creating a Board of Commissioners for Newton County so as to update and renumber the provisions of said Act; to require the members and the chairman of the board to submit itemized statements of certain expenses.

Senator Ballard of the 45th moved that the Senate insist on its substitute to HB 926.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 926.

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:00 Noon, the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

804

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, February 12, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today and was called to order by the President.

Senator Young of the 13th reported that the journal of yesteday's proceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite consttiutional majority the following bills of the House:

HB 1594. By Representative Banner of the 130th:
A bill to amend an Act creating a new charter for the City of Dawson so as to reduce the maximum millage rate which may be levied annually for general purposes.

HB 1644. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act consolidating the offices and duties of the Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County so as to change the compensation of the Tax Commissioner of Heard County.

HB 1645. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff.

HB 1646. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Judge of the Probate Court of Heard County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the compensation of the Judge of the Probate Court of Heard County.

THURSDAY, FEBRUARY 12, 1976

805

HB 1647. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Clerk of Superior Court of Heard County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the Clerk of Superior Court.

HB 1665. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia so as to repeal the provisions relating to primary elections.

HB 1666. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia so as to remove certain restrictions placed on the mayor and council relative to the granting of franchises, permits, easements and rightsof way.

HB 1690. By Representative Smith of the 78th:
A bill to amend an Act entitled "An Act to provide for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900; to provide for deputy sheriffs and their compensation".

HB 1693. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating the Board of Commissioners of Lowndes County so as to change the provisions relative to the chairman; to change the compensation of the members of the board; to provide an effective date.
HB 1696. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act providing an annual salary for the Tax Commis sioner of Forsyth County in lieu of the fee system of compensation so as to change the provisions relative to the personnel employed by the Tax Commissioner.
HB 1697. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act changing the compensation of certain county officers of Forsyth County so as to change the provisions relative to the personnel of the Clerk of the Superior Court, Sheriff and Judge of the Probate Court of Forsyth County.
HB 1699. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act establishing a Small Claims Court of Spalding County, Georgia, so as to change the jurisdiction of said court; to change the provisions relative to cost in certain actions.

806

JOURNAL OF THE SENATE,

HB 1700. By Representatives Chance of the 129th, Taggart of the 125th, Triplett of the 128th and others:
A bill to create a new Charter for the Town of Pooler; to provide for the government of said Town and its corporate powers; to provide for the governing authority of said Town and for the election, terms of office and powers and duties of the members thereof; to provide for all matters relative to the foregoing.

HB 1710. By Representatives Childs of the 51st, Jordan of the 68th, Noble of the 48th and others:
A bill to amend an Act creating the State Court of DeKalb County form erly known as the Civil and Criminal Court of DeKalb County, approved Feb. 14, 1951, as amended, so as to add a judge to said court; to provide for the election and term of office of said addtional judge; to repeal conflicting laws.

HB 1711. By Representatives Childs of the 51st, Davis, Tolbert and Floyd of the 56th and others:
A bill to amend an Act creating the State Court of DeKalb County formerly known as the Civil and Criminal Court of DeKalb County so as to change the provisions relative to court costs.

HB 1724. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to amend Code Section 87-201 relating to the manner in which elections shall be held by counties, municipalities or divisions on the issuance of bonds.

HB 1726. By Representatives Miles of the 86th, Sams of the 90th, Dent of the 85th and others:
A bill to fix the compensation of the clerks of the superior courts in certain counties; to provide for the employment and compensation of personnel within such clerks' offices; to provide the procedures con nected therewith.

HB 1250. By Representatives Wall of the 61st, Harris of the 60th, Parkman of the 66th and others:
A bill to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that upon conviction of such felony, the sentence of such person shall run consecutively to any other sentence which such person has received.

HB 179. By Representatives Buck of the 95th and Childs of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide that certain members of the Employees'

THURSDAY, FEBRUARY 12, 1976

807

Retirement System of Georgia not now eligible for group term life in surance may become eligible for same under certain conditions.

HB 533. By Representative Knight of the 67th:
A bill to amend Section 92-3105 of the Code of Georgia relating to the definition of the term "exempt organization" for income tax purposes, to clarify the definition of the word exempt organization.

HB 1214. By Representatives Hutchinson of the 133rd and Irwin of the 130th:
A bill to amend Code Chapter 67-99, relating to the wrongful sale or removal of mortgaged property, so as to increase the punishment for the wrongful sale or removal of motor vehicles.

HB 1281. By Representative Greer of the 43rd:
A bill to amend Code Chapter 84-6, relative to the practice of podiatry, as amended, so as to change the provisions relative to the examination and qualifications of applicants; to change the provisions relative to the refusal or revocation of licenses; to repeal conflicting laws.

HB 1376. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so as to provide that the Chief Appraiser shall be an ex-officio non-voting mem ber of the board of tax assessors in all counties.

HB 1377. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend Code Section 92-6912, relating to county boards of equali zation so as to change the time within which a notice of appeal must be filed with the local board of tax assessors by residents of the county.

HB 1489. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relating to game and fish, as asmended, so as to provide for a short title; to clarify the use of boats in commercial fishing operations.
HB 1491. By Representative Rainey of the 135th:
A bill to amend an Act to authorize the Commissioner of the Department of Natural Resources to appoint conservation rangers, so as to provide a short title ("Conservation Ranger Act").

808

JOURNAL OF THE SENATE,

The House has adopted by the requisite constitutional majority the followingresolutions of the House:

HR 494. By Representatives Larsen of the 27th, Battle of the 124th, Beck of the 148th and others:
A resolution proposing an amendment to the Constitution to authorize and direct the Board of Regents to establish a program whereby citizens of this State who are 60 years of age or older may attend units of the University System of Georgia without charge for tuition when space is available in a scheduled course.

HR 615. By Representatives Beck of the 148th and Patten of the 149th:

A resolution proposing an amendment to the Constitution so as to

authorize the General Assembly to create a public authority and vest in

such authority the power to operate a system of telephonic communi

cations in the City of Hahira and those areas now served by the Hahira

exchange.

,

HR 616. By Representatives Adams of the 14th, Childers of the 15th and Toles of the 16th:
A resolution proposing an amendment to the Constitution so as to autho rize the governing authority of Floyd County to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50 r/, thereof, is paid from the funds of Floyd County.

HR 620. By Representatives Foster and Wheeler of the 152nd and Harris and Stone of the 138th:
A resolution proposing an amendment to the Constitution so as to in crease the dollar amount of civil cases over which the Justices of the Peace of Pierce County shall have jurisdiction; to provide for costs in certain cases; to provide for the submission of this amendment for rati fication or rejection.

HR 622. By Representatives Harden of the 154th and Leggett of the 153rd:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Glynn County to provide for the ex emption from all ad valorem taxation by such governing authority of all tangible personal property within Glynn County in transit through Glynn County from outside the State to a final destination outside the State.

HR 623. By Representatives Harris and Stone of the 138th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not

THURSDAY, FEBRUARY 12, 1976

809

to exceed one-half mill for industrial development purposes; to provide for the submission of this amendment for ratification or rejection.

HR 625. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of the City of Thomaston and the Board of Education of Upson County to contract with each other to create a joint secondary board of education to jointly and equally educate high school students of the City of Thomaston and Upson County.

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

HB 723. By Representatives Cox of the 141st, Bargeron of the 83rd, Gammage of the 17th and others:
A bill to amend an Act creating the Board of Funeral Service and regulating the practice of embalming and funeral directing so as to require that an applicant for a license as a funeral director hold a valid embalmer's license approved by the State of Georgia.

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

SB 353. By Senator Howard of the 42nd:
A bill to provide for the regulation of off-road vehicles; to provide a short title; to provide for declaration of policy; to provide for defini tions; to provide for exemptions; to provide for operating restrictions.

The House has adopted the following resolution of the Senate:

SR 305. By Senator Foster of the 50th:
A resolution urging each member of the General Assembly to rekindle the "Spirit of 76" by holding town hall meetings.

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

HR 543. By Representatives Hill of the 127th, Brown of the 34th, Taggart of the 125th and others:
A resolution creating the Small and Minority Owned Businesses Study Committee.
The House has passed by the requisite constitutional majority the following bills of the House:

S10'

JOURNAL OF THE SENATE,

HB 1709. By Representatives Childs of the 51st, Williams of the 54th and Elliott of the 49th:
A bill to amend an Act creating the State Court of DeKalb County so as to fix the compensation of the judges of said court; to provide an effective date.

HB 1581. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 so as to limit the purposes for which interest on certain investments may be used.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 615. By Senator Langford of the 51st:
A bill to provide a method of payment to superior court judges emeritus who are requested to serve in certain counties; to provide the method of making such payments by the governing authorities of such counties. Referred to Committee on Judiciary.
SB 616. By Senator Shapard of the 28th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to authorize and direct the State Board of Education to create by regulation an advisory council on certifi cation and classification of teachers and other certified professional personnel. Referred to Committee on Education.

SB 617. By Senator Kidd of the 25th :
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appointment and terms of office of certain city officials. Referred to Committee on County and Urban Affairs.

SB 618. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Mil ledgeville, as amended, so as to change the term of office of the mayor; to change the date on which the mayor, aldermen and other elected officials take office. Referred to Committee on County and Urban Affairs.

SB 619. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Milledge ville, as amended, so as to authorize and direct the election superintendent of the City of Milledgeville to conduct an election on certain questions. Referred to Committee on County and Urban Affairs.

THURSDAY, FEBRUARY 12, 1976

811

SB 620. By Senator McGill of the 24th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to abolish the mayor's court; to create a recorder's court; to pro vide the jurisdiction, power and authority of said court. Referred to Committee on County and Urban Affairs.

SB 621. By Senators Gillis of the 20th, Starr of the 44th and Doss of the 52nd:
A bill to amend Code Section 88-2005, relating to persons authorized to extract eyes from a deceased donor's body, as amended, so as to authorize such extraction by any technician trained by and in the employ of the eye bank. Referred to Committee on Human Resources.

SB 622. By Senator Howard of the 42nd:
A bill to amend an Act authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions, as amended, so as to provide for appeal of decisions of the Board of Zoning Appeals by certain civic associations and organizations of tax-paying citizens. Referred to Committee on County and Urban Affairs.

SB 623. By Senator Howard of the 42nd:
A bill to amend an Act authorizing the governing authorities of the several municipalities of this State to make zoning and planning ordi nances and regulations, providing the procedure for zoning and planning, providing for the establishment of planning boards and boards of adjust ment and for other purposes, as amended.
Referred to Committee on County and Urban Affairs.

SB 624. By Senators Bell of the 5th and Banks of the 17th:
A bill to amend Code Title 24A, known as "The Juvenile Court Code of Georgia", as amended, so as to provide for additional definitions; to change the provision relating to places of detention; to provide an effective date. Referred to Committee on Judiciary.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1594. By Representative Hanner of the 130th:
A bill to amend an Act creating a new charter for the City of Dawson so as to reduce the maximum millage rate which may be levied annually for general purposes. Referred to Committee on County and Urban Affairs.

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HB 1644. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act consolidating the offices and duties of the Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County so as to change the compensation of the Tax Commissioner of Heard County.
Referred to Committee on County and Urban Affairs.

HB 1645. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 1646. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Judge of the Probate Court of Heard County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the compensation of the Judge of the Probate Court of Heard County.
Referred to Committee on County and Urban Affairs.

HB 1647. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Clerk of Superior Court of Heard County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the Clerk of Superior Court. Referred to Committee on County and Urban Affairs.

HB 1665. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia so as to repeal the provisions relating to primary elections. Referred to Committee on County and Urban Affairs.

HB 1666. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia so as to remove certain restrictions placed on the mayor and council rela tive to the granting of franchises, permits, easements and rights-of-way. Referred to Committee on County and Urban Affairs.

HB 1690. By Representative Smith of the 78th:
A bill to amend an Act entitled "An Act to provide for the compensation of the sheriff of all counties in the State having a population of not less

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813

than 10,600 and not more than 10,900; to provide for deputy sheriffs and their compensation.
Referred to Committee on County and Urban Affairs.

HB 1693. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating the Board of Commissioners of Lowndes County so as to change the provisions relative to the chairman; to change the compensation of the members of the board; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 1696. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act providing an annual salary for the Tax Com missioner of Forsyth County in lieu of the fee system of compensation so as to change the provisions relative to the personnel employed by the Tax Commissioner. Referred to Committee on County and Urban Affairs.
HB 1697. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act changing the compensation of certain county officers of Forsyth County so as to change the provisions relative to the personnel of the Clerk of the Superior Court, Sheriff and Judge of the Probate Court of Forsyth County. Referred to Committee on County and Urban Affairs.
HB 1699. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act establishing a Small Claims Court for Spalding County, Georgia, so as to change the jurisdiction of said court; to change the provisions relative to cost in certain actions. Referred to Committee on County and Urban Affairs.
HB 1700. By Representatives Chance of the 129th, Taggart of the 125th, Triplett of the 128th and others:
A bill to create a new Charter for the Town of Pooler; to provide for the government of said Town and its corporate powers; to provide for the governing authority of said Town and for the elction, terms of office and powers and duties of the members thereof; to provide for all matters relative to the foregoing. Referred to Committee on County and Urban Affairs.

HB 1709. By Representatives Childs of the 51st, Williams of the 54th, Elliott of the 49th and others:
A bill to amend an Act creating the State Court of DeKalb County so as to fix the compensation of the judges of said court; to provide an effective date. Referred to Committee on County and Urban Affairs.

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HB 1710. By Representatives Childs of the 51st, Jordan of the 58th, Davis, Tolbert and Floyd of the 56th and others:
A bill to amend an Act creating the State Court of DeKalb County formerly known as the Civil and Criminal Court of DeKalb County, approved Feb. 14, 1951 (Ga. Laws 1951, p. 2401), as amended, so as to add a judge to said court; to provide for the election and term of office of said additional judge.
Referred to Committee on County and Urban Affairs.

HB 1711. By Representatives Childs of the 51st, Jordan of the 58th, Davis, Tolbert and Floyd of the 56th and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County so as to change the provisions relative to court costs. Referred to Committee on County and Urban Affairs.

HB 1724. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to amend Code Section 87-201 relating to the manner in which elections shall be held by counties, municipalities or divisions on the issuance of bonds. Referred to Committee on County and Urban Affairs.

HB 1726. By Representatives Miles of the 86th, Sams of the 90th, Beckham of the 89th and others:
A bill to fix the compensation of the clerks of the superior courts in certain counties; to provide for the employment and compensation of personnel within such clerks' offices; to provide the procedures connected therewith. Referred to Committee on County and Urban Affairs.

HB 179. By Messrs. Buck of the 95th and Childs of the 51st:
A bill to amend an Act establishing the Employees Retirement System of Georgia so as to provide that certain members of the Employees Retirement System of Georgia not now eligible for group term life insurance may become eligible for same under certain conditions. Referred to Committee on Retirement.

HB 533. By Representative Knight of the 67th: A bill to amend Section 92-3105 of the Code of Georgia relating to the definition of the term "exempt organization" for income tax purposes, to clarify the definition of the word exempt organization.
Referred to Committee on Banking, Finance and Insurance.
HB 1214. By Representatives Hutchinson of the 133rd and Irwin of the 130th: A bill to amend Code Chapter 67-99, relating to the wrongful sale or

THURSDAY, FEBRUARY 12, 1976

815

removal of mortgaged property, so as to increase the punishment for the wrongful sale or removal of motor vehicles.
Referred to Committee on Judiciary.

HB 1250. By Representatives Wall of the 61st, Harris of the 60th, Russell of the 53rd and others:
A bill to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that upon conviction of such felony, the sentence of such person shall run consecutively to any other sentence which such person has received. Referred to Committee on Offender Rehabilitation.
HB 1281. By Representative Greer of the 43rd:
A bill to amend Code Chapter 84-6, relative to the practice of podiatry, as amended, so as to change the provisions relative to the examination and qualifications of applicants; to change the provisions relative to the refusal or revocation of licenses. Referred to Committee on Human Resources .
HB 1376. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so as to provide that the Chief Appraiser shall be an ex officio nonvoting member of the board of tax assessors in all counties. Referred to Committee on Banking, Finance and Insurance.

HB 1377. By Representatives Logan of the 62nd, Matthews of the 62rd and Knight of the 67th:
A bill to amend Code Section 92-6912, relating to county boards of equalization so as to change the time within which a notice of appeal must be filed with the local board of tax assessors by residents of the county. Referred to Committee on Banking, Finance and Insurance.

HB 1489. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relating to game and fish, as amended, so as to provide for a short title; to clarify the use of boats in commercial fishing operations. Referred to Committee on Natural Resources and Environmental Quality.

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HB 1491. By Representative Rainey of the 135th:
A bill to amend an Act to authorize the Commissioner of the Department of Natural Resources to appoint conservation rangers, so as to provide a short title ("Conservation Ranger Act"). Referred to Committee on Natural Resources and Environmental Quality.

HB 1581. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 so as to limit the purposes for which interest on certain investments may be used. Referred to Committee on County and Urban Affairs.

HR 615. By Representatives Beck of the 148th and Patten of the 149th:
A resolution proposing an amendment to the Constitution so as to autho rize the General Assembly to create a public authority and vest in such authority the power to operate a system of telephonic communications in the City of Hahira and those areas now served by the Hahira exchange. Referred to Committee on County and Urban Affairs.

HR 616. By Representatives Adams of the 14th, Childers of the 15th and Toles of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Floyd County to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County. Referred to Committee on County and Urban Affairs.
HR 620. By Representatives Foster and Wheeler of the 152nd, and Harris and Stone of the 138th:
A resolution proposing an amendment to the Constitution so as to increate the dollar amount of civil cases over which the Justices of the Peace of Pierce County shall have jurisdiction; to provide for costs in certain cases; to provide for the submission of this amendment for rati fication or rejection. Referred to Committee on County and Urban Affairs.
HR 622. By Representatives Harden of the 154th and Leggett of the 153rd:
A resolution proposing an amendment to the Constitution so as to autho rize the governing authority of Glynn County to provide for the exemp tion from all ad valorem taxation by such governing authority of all tangible personal property within Glynn County in transit through Glynn County from outside the State to a final destination outside the State. Referred to Committee on County and Urban Affairs.

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817

HR 623. By Representatives Harris and Stone of the 138th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one-half mill for industrial development purposes; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

HR 625. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to autho rize the Board of Education of the City of Thomaston and the Board of Education of Upson County to contract with each other to create a joint secondary board of education to jointly and equally educate high school students of the City of Thomaston and Upson County. Referred to Committee on County and Urban Affairs.

HR 494. By Representatives Larsen of the 27th, Battle of the 124th, Matthews of the 63rd and others:
A resolution proposing an amendment to the Constitution to authorize and direct the Board of Regents to establish a program whereby citizens of this State who are 60 years of age or older may attend units of the University System of Georgia without charge for tuition when space is available in a scheduled course.
Referred to Committee on Higher Education.

HR 543. By Representatives Hill of the 127th, Brown of the 34th, Taggart of the 125th:
A resolution creating the Small and Minority Owned Businesses Study Committee. Referred to Committee on Industry, Labor and Tourism.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance & Insurance has had under considera tion the following bills of the Senate and House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
SB 492. Do pass by substitute. HB 1544. Do pass. HB 490. Do pass. HB 529. Do pass.

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HB 1387. Do pass. HB 1388. Do pass. HB 1389. Do pass. HB 1562. Do pass. HB 1304. Do pass.

Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Stephens of the 36th District, Chairman of the Committee on Con sumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs has had under consideration the fol lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 403. Do pass by substitute. SB 495. Do not pass. SB 496. Do pass by substitute. SB 529. Do not pass. HB 405. Do pass.
Respectfully submitted, Senator Stephens of the 36th District, Chairman

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the following resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 320. Do pass. SR 324. Do pass. SR 329. Do pas. HR 534. Do pass. HR 583. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman

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819

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 480. Do pass.
SB 504. Do pass.
SR 274. Do pass.
SR 306. Do pass.
SR 316. Do pass.

Respectfully submitted, Senator Eldridge of the 7th District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. President:

Your Committee on Transportation has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 539. Do pass by substitute.
HB 1585. Do pass by substitute.

Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 46. By Senator Kidd of the 25th:
A bill to provide for a presumption that the impairment of health by lung disease, hypertension or heart disease of firemen or fire fighters regularly employed by the State of Georgia, any county, city, municipal or other governmental agency in the State of Georgia shall be presumed to have occurred, suffered or arose out of and in the course of duty of such employees.

SB 437. By Senators Lester of the 23rd, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend an Act providing for the control and operation of clinical laboratories, as amended, so as to provide that the provisions of this

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Act shall not apply to clinical laboratories operated by the State of Georgia.

SB 489. By Senators Warren of the 43rd, Howard of the 42nd, Coverdell of the 40th and others:
A bill to amend Code Chapter 85-10, relative to tenancy in common, as amended, so as to provide for right of survivorship between joint tenants; to change the provisions relative to tenancies in common.

SB 497. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), as amended, so as to provide for additional increased retirement benefits.

SB 512. By Senators Coverdell of the 40th, Howard of the 42nd and Garrard of the 37th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to the composition of the Board of Trustees of said System; to change the provisions relative to the selection of a chairman of the Board of Trustees.

SB 513. By Senators Coverdell of the 40th, Howard of the 42nd and Garrard of the 37th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to the composition of the Board of Trustees of said system; to change the provisions relative to the filling of vacancies in the office of a trustee.

SB 567. By Senator Duncan of the 30th:
A bill to amend an Act authorizing counties and certain municipalties to levy a local income tax under certain conditions, so as to change the provisions relative to the referendum election to authorize the levy of such tax; to provide an effective date.

SB 581. By Senator Pearce of the 16th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to provide for the furnishing of written reports relating to medical conditions and treatments; to provide for the inspection and copying of certain records.

SB 594. By Senators Lester of the 23rd, Lewis of the 21st and Gillis of the 20th:
A bill to comprehensively revise and codify the laws of this State regu lating motor vehicle franchises, farm machinery franchises, and con struction equipment franchises.

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821

SB 595. By Senator Dean of the 6th:
A bill to amend Code Section 47-107, relative to salary and allowances of members of the General Assembly, as amended, so as to provide that members of the General Assembly shall not be compensated for Satur days and Sundays which fall during regular and special sessions unless their respective Houses are meeting in chambers on such days, a quorum is present and official business transpires.

SR 266. By Senators Coverdell of the 40th, Brantley of the 56th and Warren of the 43rd:
A resolution proposing an amendment to the Constitution, so as to pro vide that members of the Public Service Commission shall be elected from commissioner districts for a term of office of four years; to provide for the submission of this amendment for ratification or rejection.

SR 268. By Senator Traylor of the 3rd:
A resolution proposing an amendment to the Constitution, so as to pro hibit the State of Georgia from condemning or purchasing property in Mclntosh County which results in a decrease in the county tax digest without the written approval of the governing authority of Mclntosh County.
SR 318. By Senator Kidd of the 25th:
A resolution to create the Government Overview Committee; to provide for membership, duties, authority and power of said Committee; to pro vide for personnel; to provide for the issuance of subpoenas; to au thorize Committee members to administer oaths; to provide for con tempt proceedings.

HB 300. By Representatives Burruss and Kreeger of the 21st:
A bill to amend Code Section 34-1505, relating to recount or re-canvass of votes, so as to provide procedures for requesting a recount or recanvass of votes cast for a member of the General Assembly who repre sents certain multi-county districts.

HB 659. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A bill to provide for the management of the utilization of certain types of real property by the various agencies of the executive branch of the State government; to provide for a short title ("State Buildings Man agement Act of 1975") ; to provide for certain powers and duties of the Department of Administrative Services and for the Commissioner of said Department.

HB 1230. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Chapter 84-18, relating to lightning rods, taxes assessed upon their installation, and contracts to sell lightning rods; to

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JOURNAL OF THE SENATE,

repeal Code Section 84-9928 relating to criminal penalties invoked for violation of the provisions of Code Chapter 84-18.

HB 1231. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to amend an Act entitled "An Act to create in any county having a population of 250,000 and not more than 500,000 according- to the U.S. census of 1960 or any future U.S. census, a tax collection study com mission to study the collection and assessment of State and county taxes and municipal taxes of cities lying wholly in such county."

HB 1232. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Chapter 92-36, relating to the collection and pay ment of moneys, fees, commissions, penalties, and other charges by State departments, commissions, bureaus, and other branches and agen cies of State government for the purpose of supporting and maintaining such governmental entities.

HB 1233. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-210, relating to the assessment of a fee on all persons, firms, corporations, or partnerships buying salary or wage accounts or lending money upon same, as amended by Paragraph 91 of Section 2 of an Act approved March 28, 1935.

HB 1234. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-5905, relating to the requirements of insurance companies doing business within the State to furnish names of agents to the Comptroller General in making required returns.

HB 1235. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-5802, relating to the duties of the deputy revenue commissioners appointed under Code Section 92-4507.

HB 1236. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal Code Section 92-603, relating to the granting of an exemption from any special taxes to every park or place where certain athletic and sporting events are held under a charge of admission when ever the proprietor or owner is a maimed or disabled Confederate soldier.

THURSDAY, FEBRUARY 12, 1976

823

HB 1237. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to provide an exemption for members of the armed forces from the payment of any penalties, costs, interests or other fees assessed for failure to return real or personal property or to pay the tax on same; to provide for method of exemption.

HB 1238. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act for the abatement for all income taxes for members of the armed forces upon death; and for other pur poses", as amended; to repeal an Act providing for income tax deductions, exemptions and extensions for men and women serving in the armed forces of the U.S. during World War II.

HB 1239. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to grant extensions of time for the filing of income tax returns by returning Korean veterans; to provide that no interest shall accrue during such time.
HB 1240. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax Law", as amended, so as to repeal subsection (j), relating to tax ation of motor fuel used in the operation of watercraft upon certain waters:
HB 1241. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to require the tax-receivers in all counties in this State having a population of 200,000 inhabitants or more by the U.S. census of 1930, or any future U.S. census, to list in the white, and colored tax digests respectively the names of the tax payers in continuous alphabetical order without segregation by militia districts or other local subdivisions."
HB 1245. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
A bill to repeal an Act entitled "An Act to impose a tax on obscene materials; to define terms; to repeal conflicting laws; and for other purposes.", approved Mar. 20, 1970.
HB 1316. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Section 41A-3307, relating to the licensing and permissible activities of international banking corporations, so as to encourage international banking corporations to make loans in this State.

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JOURNAL OF THE SENATE,

HB 1384. By Representatives Carnes of the 43rd, Marcus of the 26th, Brown of the 34th and others:
A bill to provide that purchasers at judicial sales need not tender cash, but, as an alternative, may tender a cashier's or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corp. or the Federal Savings and Loan Insurance Corp.

HB 1403. By Representatives Smith of the 78th and Hutchinson of the 133rd:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, so as to change the provisions relative to bonds.

HR 464. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to exempt bingo from the lottery provisions of the Constitution.

HR 497. By Representatives Nessmith of the 82nd, Murphy of the 13th, Lane of the 81st and others:
A resolution authorizing and directing the State Department of Trans portation to designate Interstate Highway 16 from Macon to Savannah, Georgia, as the James L. Gillis, Sr. Memorial Highway.

The following local, uncontested bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

SB 568. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to change the provisions relating to costs; to include suits, actions and cases filed in certain courts within the provisions of said 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 yeas were 49, nays 0.

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

SB 589. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, so as to change the jurisdiction of the Small Claims Court of Baldwin County.

THURSDAY, FEBRUARY 12, 1976

825

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

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

SB 591. By Senator Kidd of the 25th:
A bill to create and establish a Small Claims Court of Hancock County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of such small claims 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 yeas were 49, nays 0.

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

SB 592. By Senator Kidd of the 25th:
A bill to repeal an Act creating and establishing a small claims court in each county having a population of not less than 9,977 and not more than 10,140 according to the official United States Decennial Census of 1960 or any future such census, as amended; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1411. By Representative Buck of the 95th:
A bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and estab lishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change the procedure of filling a va cancy created by the death of the judge of the municipal court.
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 yeas were 49, nays 0.

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

HB 1420. By Representatives Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to change the qualifications 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 yeas were 49, nays 0.

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

HB 1434. By Representatives Parrish of the 97th, Buck of the 95th, Smyre of the 92nd and others:
A bill to amend an Act requiring the sheriffs of this State to keep a record of prisoners committed to the jail of the county of which they are sheriff, so as to add Muscogee County to the proviso in said Act now applicable to Richmond County, to the effect that such books shall be kept at the jail by the jailer, and shall otherwise be kept as provided in said law for sheriffs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1448. By Representative Jessup of the 117th:
A bill to amend an Act incorporating the Town of Pineview so as to change the terms of office of the mayor and council; to stagger their terms of office.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

THURSDAY, FEBRUARY 12, 1976

827

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

HB 1455. By Representative Lambert of the 112th:
A bill to amend an Act incorporating the City of White Plains in the County of Greene so as to change the terms of office of mayor and councilmen of said city; to change the terms of office of the mayor pro tem.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1462. By Representatives Buck of the 95th, Berry of the 94th, Thompson of the 93rd and others: A bill to amend an Act providing an annual salary for the coroners in all counties of this State having a population of not less than 165,000 or more than 175,000 so as to change the salary of such coroners.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1496. By Representatives Clark, Milford and Mann of the 13th: A bill to amend an Act creating a Board of Commissioners of Madison County, Ga. so as to change the provisions relative to meetings of the board; 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 yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1522. By Representatives Carter and Patten of the 146th: A bill to amend an Act defining and pi-escribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof so as to increase the maximum interest rate on bonds and other obligations of the authority.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1525. By Representatives Wheeler and Poster of the 152nd:
A bill to provide for the election of members of the Board of Education of Bacon County; to provide for education districts and posts; to provide for the election of the Chairman and members of the Board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1537. By Representative Crawford of the 5th:
A bill to amend an Act placing the Clerk of the Superior Court of Chattooga County upon an annual salary so as to change the provision as relative to the deputy clerk; to provide for budgets for the operation of the clerk's 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 yeas were 49, nays 0.

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

HB 1538. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of Tax Commissioner of Chattooga County so as to change the provisions relative to 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 yeas were 49, nays 0.

THURSDAY, FEBRUARY 12, 1976

829

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

HB 1539. By Representative Crawford of the 5th:
A bill to amend an Act placing the Judge of the Probate Court of Chattooga County upon an annual salary so as to change the provisions relative to clerical help for said officer; to provide for an annual budget for the operation of the office 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 yeas were 49, nays 0.

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

HB 1546. By Representative Carrell of the 75th:
A bill to amend an Act creating a small claims court in and for each county of the State having a population of not less than 22,830 and not more than 23,500 so as to change the jurisdictional amount of the small claims 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 yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1553. By Representatives Carter and Patten of the 146th: A bill to amend an Act to consolidate all of the laws chartering the City of Adel in the County of Cook and to grant a new charter to said city so as to change the corporate limits.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 839. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others: A bill to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Ga.

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JOURNAL OF THE SENATE,

and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County so as to change certain provisions relating to fines and punishment.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 839 by striking from line 15 of Page 2 the following:
"minimum and";
by striking from lines 17 and 18 on Page 2 the following:
"five hundred dollars ($500.00)",
and inserting in lieu thereof the following:
"two hundred dollars ($200.00)"; and
by striking from lines 20 through 23 on Page 2 the following:
", and such ordinances may prescribe all or any part of any one or more of the foregoing penalties or punishments as a minimum and maximum sentence for conviction of such violation".

On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment was adopted.

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, the yeas were 49, nays 0.

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

HB 838. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County so as to provide the court with authority to assess fines not to exceed the sum of $500.00 for any single offense.

The Senate Committee on County and Urban Affairs offered the following amendment:

THURSDAY, FEBRUARY 12, 1976

831

Amend HB 838 by striking from lines 5 and 6 on Page 1 the following:

"five hundred dollars ($500.00)",

and inserting in lieu thereof the following:

"two hundred dollars ($200.00)";

by striking from lines 22 and 23 on Page 1, the following:

"five hundred dollars ($500.00)",

and inserting in lieu thereof the following:

"two hundred dollars ($200.00)";

by striking subsection (d) of the material quoted in Section 1 as Section 14, on lines 7 through 20 of Page 2 in its entirety; and

by renumbering subsection (e), beginning on line 21 of Page 2, as subsection (d).

On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment was adopted.

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, the yeas were 49, nays 0.

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

Senator Gillis of the 20th asked unanimous consent that Senator McGill of the 24th be excused on February 12 and February 13 due to the death of his mother. The consent was granted.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Bell Bond Brantley Brown of 47th Carter

Coverdell Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins

832
Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

JOURNAL OF THE SENATE,

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not answering were Senators:

Barker Barnes Broun of 46th

Dean of 6th Dean of 31st Fincher

McGill (excused) Russell Traylor

Senators Garrard of the 37th and Overby of the 49th introduced the chaplain of the day, Rev. Sam Coker, of the Grace United Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following local, uncontested resolutions of the Senate and House, favor ably reported by the committees, were read the third time and put upon their adoption:

HR 550. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:

A RESOLUTION
Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Houston County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Provided, however, that in Houston County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal pro perty when the principal sum does not exceed $500.00 and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regulations as may be prescribed by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

THURSDAY, FEBRUARY 12, 1976

833

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to in crease the dollar amount of civil cases over which
( ) NO the Justices of the Peace in Houston County shall have jurisdiction from $200.00 to $500.00?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley

Robinson Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks
Brantley Dean of 31st Fincher

Hamilton of 26th Hill Holloway

McGill (excused) Russell Stephens

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

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JOURNAL OF THE SENATE,

HR 541. By Representatives Wilson of the 19th, Burruss and Kreeger of the 21st and others:

A RESOLUTION

Proposing an amendment to the Constitution, so as to exclude certain retirement, pension or disability benefits, up to a maximum amount, in determining income for the purpose of persons 62 years of age or over or persons who are totally disabled qualifying for the homestead exemp tion of $2,000.00 from ad valorem taxation by the City of Marietta; to provide for the submission of this amendment for ratification or rejec tion ; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Act VII, Section I, Paragraph IV of the Constitution is hereby amended by striking from said Paragraph the following:

"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Marietta who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $5,000.00 per annum, and each resident of the City of Marietta who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Marietta as long as any such resident of the City of Marietta actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $2,000.00 exemp tion per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Marietta. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Marietta, or with a person designated by the governing authority of the City of Marietta, giving his age and the amount of income which he receives and the income which members of his family living in his home re ceive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Marietta, or the person designated by the governing authority of the City of Marietta, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Marietta, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all tax able years beginning after December 31, 1968.",

and inserting in lieu thereof the following:

"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Marietta who is sixty-two

THURSDAY, FEBRUARY 12, 1976

835

years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $5,000.00 per annum, and each resident of the City of Marietta who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Marietta as long as any such resident of the City of Marietta actually occupies said homestead as his residence. For the purposes of this paragraph, income shall not include income received as re tirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, dis ability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as income for the purposes of this paragraph. Provided, however, under this provision, there shall be no more than one (1) $2,000.00 exemp tion per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Marietta. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Marietta, or with a person designated by the governing authority of the City of Marietta, giv ing his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Marietta, or the person designated by the governing authority of the City of Marietta, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Marietta, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption pro vided for herein shall apply to all taxable years beginning after December 31, 1976."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to ex clude certain retirement, pension or disability benefits, up to a maximum amount, in determin ing income for the purpose of person 62 years
( ) NO of age or over or persons who are totally disabled qualifying for the homestead exemption of $2,000.00 from ad valorem taxation by the City of Marietta?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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JOURNAL OF THE SENATE,

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.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Poster Garrard Gillis

Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley

Those not voting were Senators:

Banks Brantley Dean of 31st Fincher

Hamilton of 26th Hill Holloway

Robinson Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
McGill (excused) Russell Stephens

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

SR 317. By Senator Thompson of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for residents of the City of Smyrna who are disabled and who have net income not exceeding $6,000.00 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

THURSDAY, FEBRUARY 12, 1976

837

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Smyrna who is dis abled is hereby granted an exemption from all City of Smyrna ad valorem taxes in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability insurance benefits, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certificate from the Federal Social Security Administration or from the sanctioned agency authorized to pay disability benefits when the person claiming this exemption is not entitled to Social Security benefits under the provisions of the Federal Social Security Administration, and from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the governing authority of the City of Smyrna, or a person de signated by the governing authority, with the certificates provided for herein and and files an application with said governing author ity giving the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to recovering the benefits of such exemption as will enable said governing authority to make a deter mination as to whether such person is entitled to such exemption. The governing authority shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates hereafter for any year; and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing author ity in the event he becomes ineligible for any reason for the exemp tion provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for

838

JOURNAL OP THE SENATE,

herein shall apply to all taxable years beginning after December 31, 1976."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
" ( ) YES Shall the Constitution be amended so as to pro vide a homestead exemption of $6,000.00 from all City of Smyrna ad valorem taxes for resi-
( ) NO dents of the City of Smyrna who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds

Riley Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

THURSDAY, FEBRUARY 12, 1976

839

Those not voting were Senators:

Bond Brantley Dean of 31st Fincher Hill

Holley Hollo way Hudgins McGill (excused)

Robinson Russell Stephens Young

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

The following resolution of the Senate was read and adopted:

SR 344. By Senator Gillis of the 20th and fifty-four other Senators:
A resolution expressing regret at the passing of Mrs. Lillian McGill.
SENATE CALENDAR Thursday, February 12, 1976
SR 73. Public Service Commission--change terms of office SB 432. Carrying Deadly Weapon at Public Gatherings--Superior Court Judges SB 484. State Purchase of Supplies--bids not required certain amounts (AM) SB 502. Department of Actuarial Services--create (SUB) SB 511. Child Absent from School without Valid Excuse--arrest (AM) SB 516. Securing State Funds on Deposit-certain debt obligations collateral SB 525. Employee Fringe Benefit Function--establish (SUB) SB 528. Grants to Cities for Public Purposes--filing for funds SB 546. Creation of Retirement System--prohibit age discrimination SB 558. Detention Facilities--inspections SB 560. State Agency Using Consultant-notify Adm. Services Fiscal Division SB 565. Arson--crime for burning mortgaged dwelling (SUB) SB 578. Probationers--pay $10 per month to defray supervising expenses
(SUB) SB 579. Convict--consent of warden to give drugs, weapons, liquors (AM) SB 580. Paint to Mark Timber--remain effective 12 months SB 586. Tax on Real Estate Broker--only at place of office SB 588. Workmen's Compensation--coverage certain elected officials

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JOURNAL OF THE SENATE,

SR 298. Medicaid Claim Processing Study Committee--create (SUB) SR 310. Baldwin County--Adele Louise Tucker Park SR 319. Joint Workmen's Compensation Law Study Committee--create SR 322. Burke County--conveyance of certain State-owned property HB 164. County Jail--reimbursement for transfer prisoner (AM) HB 171. Visitation Rights--grandparents of minor child HB 1228. Municipal Home Rule Law--repeal Act HB 1269. Pledge to Flag--provide in public schools HB 1291. Pecans Falling on Highway Right-of-Way--property HB 1324. Planning and Zoning--county and city power HB 1325. Tax Assessor Board-Equalization Board members substitute in absence HB 1334. County Office Suspension--appeal from felony conviction HB 1391. Pesticides--regulation of sale, distribution, use HB 1392. Structural Pest Control Act--additional definitions HB 1393. Pesticides--regulation of application HR 498. Dodge County--encourage economic development HR 503. Georgia Pacific Corporation-easement thru property in Chatham Co.
(SUB) HR 540. Pierpont-Corbett Box Company, Inc.-granting of easement (AM) HR 567. Union Camp Corporation--Government grant certain State land (AM)

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 502. By Senator Coverdell of the 40th:
A bill to create and establish the Department of Actuarial Services; to establish the office of State Actuary; to determine the qualifications, manner of election, term of office, and method of filling vacancies in the office of State Actuary; to provide for compensation and expenses of the State Actuary.

The Senate Committee on Economy, Reorganization and Efficiency in Govern ment offered the following substitute to SB 502:

A BILL
To be entitled an Act to create and establish the Office of State Actuary; to provide for the qualifications and manner of election of said officer; to provide for his removal from office; to provide for compen sation and expenses of the State Actuary; to provide for funding; to

THURSDAY, FEBRUARY 12, 1976

841

provide for personnel of the State Actuary; to provide for office space, equipment, furniture, and other necessary items for the Office of State Actuary; to define the duties and powers of the State Actuary and the Office of State Actuary; to provide for special actuarial studies and reports by the Office of State Actuary and the State Actuary; to provide for cooperation of the State Actuary with various other departments of the State pension, retirement and emeritus systems for State employees and standing retirement committees of the General Assembly; to provide for other matters relative to the foregoing; 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 GEOR GIA:

Section 1. State Actuary; qualifications, election, term, vacancies, (a) The Office of State Actuary is hereby created and established. The State Actuary shall be an experienced actuary who is either a member of the American Academy of Actuaries or has been certified and ap proved by the State Auditor as having the education, skills and experi ence necessary for the position, and who, when named or elected as hereinafter prescribed, and qualified, shall be known and designated as the State Actuary.

(b) The State Actuary shall be elected by the standing retirement committees of the General Assembly in the following manner. The standing retirement committee of the House of Representatives, by a majority vote of its membership, shall nominate a qualified person as State Actuary and transmit to the Chairman of the standing retirement committee of the State Senate the name of such nominee to fill the office of State Actuary. Upon the qualified person's receiving a majority vote of the membership of the standing retirement committee of the State Senate, he shall be declared the duly elected State Actuary. The State Actuary so elected shall serve until a successor is elected in the same manner as provided herein. The State Actuary may be removed from office by a majority vote of the membership of both the Senate standing committee on retirement and the House standing committee on retire ment.

Section 2. Compensation and expenses of State Actuary, (a) The State Actuary shall be compensated in the amount of $22,500 per annum. He shall also be reimbursed for expenses incurred in the performance of his duties including actual transportation costs while traveling by public carrier, the legal mileage rate for travel actually undertaken by use of a personal automobile, and the actual cost of lodging and meals while away from his office on official State business; provided no such expenses shall be paid while he is engaged in the performance of his duties in Fulton County.

(b) The funds necessary to carry out the provisions of this Act shall be paid from the funds appropriated to or otherwise available to the legislative branch of the State government. The Legislative Fiscal Officer is hereby authorized and directed to pay such funds in the same manner as other legislative funds are paid.

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JOURNAL OF THE SENATE,

Section 3. Authority of appointment in State Actuary. The State Actuary is hereby authorized to appoint and employ a stenographerbookkeeper who shall serve at the pleasure of the State Actuary and who shall receive as compensation a yearly salary determined by the State Actuary.

Section 4. Quarters of department; equipment, furniture, etc. The Office of State Actuary shall be provided with suitable quarters in the
State Capitol Building by the Legislative Services Committee, and if such quarters are not immediately available, the Legislative Services Committee shall make other provisions relating to quarters. The Office of State Actuary shall be furnished such supplies, materials, furniture, books and equipment as are needed by said office in the same manner as such items are furnished to other offices and agencies of the Legislative Branch of the State government.

Section 5. . Duties and powers of State Actuary. It shall be the duty
of the State Actuary and of the Office of State Actuary to assist the standing retirement committees of the House of Representatives and of the State Senate in the performance of their duties. The State Actuary shall advise with the members of the standing retirement committees of the General Assembly on legislative matters and prepare such studies analyses, actuarial reports and recommendations as required by the request of any member of the standing retirement committees of the Gen eral Assembly. He shall also advise with the standing retirement com mittees of the General Assembly both during and between sessions and assist either committee with research in the preparation of reports, recommendations and related matters. He shall assist the standing retire ment committees of the General Assembly in revision and codification of laws relating to all State retirement, pension and emeritus systems for State employees. He is authorized to perform research on matters relating to State retirement, pension and emeritus systems for State employees and to make reports and recommendations thereon. He is authorized to exchange information, data and material with similar officials of other states. The standing retirement committees of the General Assembly may delegate to the State Actuary and to the Office of State Actuary such other duties and powers as both such standing retirement committees by majority vote of each committee may prescribe.

Section 6. Special actuarial studies and reports; who may require. The standing retirement committee of the House of Representatives, or the standing retirement committee of the State Senate shall have the right and authority to direct and require the State Actuary to make a special actuarial study of and report on the current status of any State retirement, pension, or emeritus systems for State employees without regard to any proposal for modification of any State retirement, pension,
or emeritus system for State employees.

Section 7. Duty to produce information necessary for actuarial services. All administrators, boards, officers, agents and employees of all State retirement, pension and emeritus systems for State employees shall produce and turn over to the State Actuary or his assistants for their use all information, books, computer tapes and records necessary in the opinion of the State Actuary for performing the duties of his posi tion.

THURSDAY, FEBRUARY 12, 1976

843

Section 8. Cooperation required of State Actuary. The State Actu ary shall cooperate with and shall furnish all information with regard to State retirement, pension, or emeritus systems for State employees requested by either of the standing retirement committees of the General Assembly or by the Governor.

Section 9. Severability. In the event any Section, subsection, sen tence, 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 unconstitu tional were not originally a part hereof. The General Assembly hereby 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 10. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Coverdell of the 40th offered the following amendment:

Amend the substitute offered by the Committee on Economy, Reoorganization and Efficiency in Government to SB 502 by striking1 on Page 4, line 30, the words "produce and turn over" and adding the words "make available."

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the committee substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

Senator Coverdell of the 40th moved that the Senate reconsider the com mittee substitute to SB 502.

On the motion to reconsider, the yeas were 35, nays 0; the motion prevailed, and the committee substitute to SB 502 was reconsidered.
Senator Coverdell of the 40th moved that SB 502 be postponed until 11:00 o'clock A.M. today:

On the motion to postpone, the yeas were 35, nays 0; the motion prevailed and SB 502 was postponed until 11:00 o'clock A.M. today.
SB 511. By Senator Robinson of the 27th: A bill to amend an Act providing for compulsory school attendance, so

844

JOURNAL OP THE SENATE,

as to authorize specified persons to arrest or assume temporary custody of a child who is subject to compulsory full-time education, is away from home, and is absent from school without a valid excuse within the county, city or area school district.

The Senate Committee on Education offered the following amendment:
Amend SB 511 by striking on Page 1, line 8, and on Page 2, line 2, the words:
"arrest or",
and
by striking on Page 1, line 12, and from Section 9B
on Page 2, line 8, the words:
"arresting or",
and by striking from Section 9A on Page 1, line 27, and on Page 2, line 1,
the words:
"visiting teacher, attendance officer, a, or any school adminis trator".

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, as agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st

Doss Duncan Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard

Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds

THURSDAY, FEBRUARY 12, 1976

845

Riley Robinson Russell Shapard Starr Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor

Turner Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Bell Fincher

Hill Hudson

McGill (excused) Stephens

On the passage of the bill, the yeas were 49, nays 1.

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

SB 516. By Senator Holloway of the 12th:
A bill to amend Code Section 100-108, relating to bonds and securities required to secure State deposits, as amended, so as to provide that debt obligations issued by certain federal agencies shall be accepted as collateral by the Director of the Fiscal Division of the Department of Administrative Services to secure State funds on deposit in State depositories.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st
Doss
Duncan
Eldridge
Foster

Garrard Gillis Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford
Lester
Lewis
McDowell
McDuffie

Overby Pearce Reynolds Riley Russell Stumbaugh Summers Sutton Tate Thompson Traylor
Turner
Tysinger
Warren
Young

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Bell
Fincher Hamilton of 26th

Hudson McGill (excused)
Robinson Shapard

Starr Stephens Timmons

On the passage of the bill, the yeas were 45, nays 0.

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

Senator Hudgins of the 15th introduced the doctor of the day, Dr. Gus Dudley, of Columbus, Georgia.

Lieutenant Governor Zell Miller, President of the Senate, introduced His Excellency, Ambassador Shizuo Saito, of Japan, who is Japan's permanent representative to the United Nations in New York, who briefly addressed the
Senate.

The President also introduced Consul General Kazuo Chiba, Japan's repre sentative in Atlanta, who accompanied the Ambassador.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

The following general bills of the Senate, favorably reported by the committes, were read the third time and put upon their passage:

SB 525. By Senator Kidd of the 25th: A bill to establish within State Government an Employee Fringe Bene fits Function; to provide for a statement of legislative intent; to pro vide for a legislative charge; to provide for the staffing and funding of the function; to provide for the function's attachment to the State Merit System for administrative purposes.
The Senate Committee on Economy, Reorganization and Efficiency in Govern ment offered the following substitute to SB 525:
A BILL
To be entitled an Act to provide within State Government for an Employee Fringe Benefits Study; to provide for a statement of legis lative intent; to provide for a legislative charge; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

THURSDAY, FEBRUARY 12, 1976

847

Section 1. Employee Fringe Benefits Study.--The State Merit System of Personnel Administration is hereby authorized and directed to conduct a study of employee fringe benefits.

Section 2. Legislative intent.--It is the intent of this Act to provide within State Government a means for systematically identifying, evaluat ing, selecting and implementing a comprehensive Statewide program of optional employee fringe benefits. It is recognized that, in order to remain a competitive employer, the State must maintain a total com pensation package that is attractive to qualified and competent em ployees. Yet, the State's financial capacity is limited. It is therefore desirable to utilize the State's potential as a large employer to secure for its employees a variety of fringe benefits that will be of significant economic value to them, but will involve no direct funding costs to the State. The types of benefits contemplated herein shall include, but not necessarily be limited to, low cost program of optional, employee paid disability insurance, life and accident insurance, and tax-sheltered an nuities. The cost to the State for the provision of these benefits shall be specifically limited to the minimal administrative expenses associated
with computerized payroll deductions and the necessary functions of employee enrollment and reporting.

Section 3. Legislative charge.--The State Merit System of Personnel Administration shall be charged with the following duties and responsi bilities :

(a) to survey the optional fringe benefits program currently exist ing within State Government, including but not limited to the optional insurance programs now in effect in the various executive agencies;

(b) to recommend to the Governor any immediate changes or im provements that should be made in these benefits programs pending the development of a comprehensive State Plan;

(c) to work in cooperation with the executives of the State Em ployee's Retirement System, Employees' Health Insurance Program, Workmen's Compensation Program, the various Credit Unions and other employee benefit programs in determining areas of deficiency in the overall State employee benefit program;

(d) to develop by January 1, 1977, a comprehensive, long-range program for providing additional benefits that will correct the identified deficiencies, yet require no direct expendture of State funds; and to submit the program to the Governor for review and approval;

(e) to act on behalf of the Governor and General Assembly in locat ing, through a competitive process, competent and qualified suppliers of the approved benefits, and in assisting these suppliers and the various State agencies with the implementation of the benefit programs.

Section 4. Effective date.--The effective date of this Act shall be April 1, 1976.

848

JOURNAL OF THE SENATE,

Section 5. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell Overby Pearce

Voting in the negative was Senator McDuffie.

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Banks Brantley Fincher

Holloway (presiding) McGill (excused)

Summers Warren

On the passage of the bill, the yeas were 48, nays 1.

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

SB 528. By Senators McGill of the 24th and Duncan of the 30th:
A bill to amend an Act providing for grants to certain incorporated muni cipalities of this State to be used for any public purposes, so as to provide that eligible municipalities which fail to file or which file after the cut off date the required certification for funds in Fiscal Year 1976 may file or refile a late certificate and qualify for Fiscal Year 1976 funds.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 12, 1976

849

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds

Voting in the negative was Senator Duncan.

Those not voting were Senators:

Fincher Garrard

Holloway (presiding) McGill (excused)

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Timmons

On the passage of the bill, the yeas were 50, nays 1.

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

The following general bill of the Senate, having been read the third time and the committee substitute and an amendment thereto having been adopted previously today, and the substitute reconsidered, and postponed until 11:00 o'clock A.M.,
was put upon its passage:

SB 502. By Senator Coverdell of the 40th:
A bill to create and establish the Department of Actuarial Services; to establish the office of State Actuary; to determine the qualifications, manner of election, term of office, and method of filling vacancies in the office of State Actuary; to provide for compensation and expenses of the State Actuary.

Senator Holloway of the 12th offered the following amendment:
Amend the substitute offered by the Committee on Economy, Re organization and Efficiency in Government to SB 502 by striking on Page 3, line 7, the following:

850

JOURNAL OF THE SENATE,

"the State"

and by striking on Page 3, line 8, the word "Actuary",

and inserting in lieu thereof the following:

"a majority of the Senate Standing Committee on Retirement and the House of Representatives Standing Committee on Retire ment."

On the adoption of the amendment, the yeas were 38, nays 1, and the amend ment offered by Senator Holloway of the 12th to the committee substitute was adopted.

Senator Gillis of the 20th offered the following amendment:
Amend the substitute offered by the Committee on Economy, Re organization and Efficiency in Government to SB 502 by adding on Page 2, line 29, a new sentence to read as follows:
"Such expenses shall be approved by a majority of the Senate Standing Committee on Retirement and the House of Representa tives Standing Committee on Retirement."

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment offered by Senator Gillis of the 20th to the committee substitute was adopted.

On the adoption of the committee substitute, the yeas were 42, nays 0, and the committee substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill

Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell Overby

THURSDAY, FEBRUARY 12, 1976

851

Pearce Reynolds Riley Robinson Russell Shapard Starr

Stephens Stumbaugh Summers Button Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator McDuffie.

Those not voting were Senators:

Fincher

Holloway (presiding)

McGill (excused)

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 546. By Senator McDowell of the 2nd:
A bill to prohibit discrimination based on age in the creation or operation of public or private retirement systems or pension plans; to provide minimum standards and requirements for public and private retirement or pension plans or systems.
Senator McDowell of the 2nd offered the following amendment:
Amend SB 546 by striking the period after the word "employment" on Page 1, line 23, and adding a comma; then the following words "except in certain cases where a hazardous occupation would demand otherwise."
On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond

Brantley Carter Dean of 6th Duncan Eldridge

Foster Garrard Gillis Hamilton of 26th Hill

852

JOURNAL OF THE SENATE,

Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell

McDuffie Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those voting in the negative were Senators:

Ballard Broun of 46th Brown of 47th

Coverdell Doss Overby

Reynolds Warren

Those not voting were Senators:

Dean of 31st Fincher

Hamilton of 34th Holloway (presiding)

Hudgins McGill (excused)

On the passage of the bill, the yeas were 42, nays 8.
The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

Senator Holloway of the 12th gave notice that, at the proper time he would move that the Senate reconsider its action in passing SB 546.

SB 560. By Senator Kidd of the 25th:
A bill to require State agencies to notify the Fiscal Division of the Department of Administrative Services upon acquiring the services of a consultant; to define certain terms; to require certain information to be included in notification statements; to provide for reports.

Senator Kidd of the 25th offered the following substitute to SB 560:
A BILL
To be entitled an Act to require State agencies to notify the Fiscal Affairs Subcommittees of the Senate and House of Representatives upon acquiring the services of a consultant; to define certain terms; to require certain information to be included in notification statements; to provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, FEBRUARY 12, 1976

853

Section 1. Definitions. As used in this Act, unless the context requires otherwise:

(a) "agency" means any department, agency, board, bureau, com mission or other administrative unit of State government;

(b) "consultant" means any person who consults an agency and renders professional advice or services for a consideration to be paid by such agency;

(c) "person" means any individual, partnership, association or corporation.

Section 2. Consulting services; reports, (a) Each agency shall notify the Fiscal Affairs Subcommittees of the Senate and House of Representatives in writing within 30 days after acquiring the services of a consultant. The notification statement shall include the name of the consultant, services to be rendered and compensation or proposed compensation to be paid by the agency. Each agency shall notify the Subcommittees relative to any consultant who renders services for a period exceeding six months, and such additional notification statement shall include an estimate of the length of time the agency intends to use the services of the consultant.

(b) The Fiscal Affairs Subcommittees of the Senate and House of Representatives shall make a report each year showing the consultants acquired by each agency during the immediately preceding fiscal year, the number of months each consultant rendered services and the com pensation received by each consultant.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 38, nays 1, and the sub stitute 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson

854

JOURNAL OF THE SENATE,

Kennedy Kidd Langford Lester Lewis McDuffie Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Bell

Dean of 31st Fincher

MeDowell McGill (excused)

On the passage of the bill, the yeas were 50, nays 0.

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

SB 565. By Senator Broun of the 46th:
A bill to amend Code Chapter 26-14, relating to arson and related offenses, so as to provide that it shall be unlawful for any person to damage any dwelling house, building, vehicle, railroad car, watercraft or any other structure in which another has a security interest including, but not limited to, a mortgage, lien or conveyance to secure debt, by means of fire or explosives.

The Senate Committee on Judiciary offered the following substitute to SB 565:
A BILL
To be entitled an Act to amend Code Chapter 26-14, relating to arson and related offenses, so as to provide that it shall be unlawful for any person to damage any dwelling house, building, vehicle, railroad car, watercraft or any other structure in which another has a security interest including, but not limited to, a mortgage, lien or conveyance to secure debt, by means of fire or explosive; to provide for degrees thereof; to provide for punishment; 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. Code Chapter 26-14, relating to arson and related of fenses, is hereby amended by striking Code Section 26-1401, relating to the crime of arson in the first degree, in its entirety and substituting in lieu thereof the following:
"26-1401. Arson in the First Degree. A person commits arson in the first degree when, by means of fire or explosive, he knowingly

THURSDAY, FEBRUARY 12, 1976

855

damages: (a) any dwelling house of another without his consent or in which another has a security interest including, but not limited to, a mortgage, lien, or a conveyance to secure debt without the consent of both whether it is occupied, unoccupied, or vacant, or (b) any building, vehicle, railroad car, watercraft, or other struc ture of another without his consent or in which another has a security interest including, but not limited to, a mortgage, lien, or a conveyance to secure debt without the consent of both if such structure is designed for use as a dwelling, whether it is occupied, unoccupied or vacant, or (c) any building, vehicle, railroad car, watercraft, aircraft or other structure under such circumstances that it is reasonably foreseeable that human life might be en dangered. A person convicted of arson in the first degree shall be punished by imprisonment for not less than one nor more than 20 years."
Section 2. Said Code Chapter is further amended by striking in its entirety Code Section 26-1402, relating to the crime of arson in the second degree, and substituting in lieu thereof the following:

"26-1402. Arson in the Second Degree. A person commits arson in the second degree as to any building and structures not included or described in Section 26-1401 when, by means of fire or explosive, he knowingly damages any building or structure of another with out his consent or in which another has a security interest, includ ing but not limited to a mortgage, lien, or conveyance to secure debt, without the consent of both. A person convicted of arson in the second degree shall be punished by imprisonment for not less than one nor more than 10 years."

Section 3. Said Code Chapter is further amended by striking in its entirety Code Section 26-1403, relating to the crime of arson in the third degree, and substituting in lieu thereof the following:
"26-1403. Arson in the Third Degree. A person commits arson in the third degree when, by means of fire or explosive, he knowingly damages any personal property of another without his consent or in which another has a security interest, including a lien, without his the consent of both and the value of the property is $25 or more. A person convicted of arson in the third degree shall be punished by imprisonment for not less than one nor more than three years."

Section 4. Severability. In the event any section, subsection, sen tence, 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 uncon stitutional were not originally a part hereof. The General Assembly hereby 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 5. Effective Date. This Act shall become effective upon its

856

JOURNAL OF THE SENATE,

approval by the Governor or upon its becoming law without his ap proval.

Section 6. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the sub stitute 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss
Duncan
Eldridge
Foster
Garrard
Gillis

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis
McDowell
McDuffie
Overby
Pearce
Reynolds

Those not voting were Senators:

Banks Bell

Fincher Hamilton of 26th

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
McGill (excused)

On the passage of the bill, the yeas were 51, nays 0.

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

SB 578. By Senator Kennedy of the 4th:
A bill to amend an Act known as the "Statewide Probation Act", as amended, so as to provide that as a condition of probation the court shall impose upon the probationer the payment of a fee of up to ten

THURSDAY, FEBRUARY 12, 1976

857

dollars ($10.00) per month to assist in defraying the expenses of super vising said probationer.

The Senate Committee on Offender Rehabilitation offered the following sub stitute to SB 578:
A BILL
To be entitled an Act to amend an Act known as the "Statewide Probation Act", approved February 8, 1956 (Ga. Laws 1956, p. 27), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 413), so as to provide that as a condition of probation the court shall require that the probationer pay an amount not less than five dollars ($5.00) nor more than ten dollars ($10.00) per month toward the cost of his supervision; to provide for the fees collected to be paid into the general treasury of the State; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Statewide Probation Act", ap proved February 8, 1956 (Ga. Laws 1956, p. 27), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 413), is hereby amended by adding immediately following Section 10 a new Section to be designated Section 10A to read as follows:
"Section 10A. As a condition of probation which may be in addition to any other condition of probation, the court shall require that the probationer pay an amount not less than five dollars ($5.00) nor more than ten dollars ($10.00) per month toward the cost of his supervision. Any sums so collected shall be paid into the general treasury of the State. All prisoners on probation on the effective date of this Section shall be required to pay a service charge of five dollars ($5.00) per month beginning with the first month after such effective date; provided, however, that the service charge amount may be changed by the court as provided herein.
The provisions of this Section shall not be applicable to pro bationers in community facilities."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kennedy of the 4th offered the following amendment:
Amend the substitute offered by the Committee on Offender Re habilitation to SB 578 by renumbering Section 2 as Section 3 and insert ing a new Section 2 to read as follows:
"The provisions of this Act shall not apply to Counties who provide their own probation system."

858

JOURNAL OF THE SENATE,

On the adoption of the amendment to the committee substitute, the yeas were 31, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the sub stitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

Pearce Reynolds Riley Russell Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative was Senator Bond.

Those not voting were Senators:

Banks Bell
Fincher

McGill (excused) Robinson
Shapard

Tate Young

On the passage of the bill, the yeas were 47, nays 1.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and

THURSDAY, FEBRUARY 12, 1976

859

has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 926. By Representative Sigman of the 74th:
A bill to amend an Act creating a Board of Commissioners for Newton County so as to update and renumber the provisions of said Act; to re quire the members and the chairman of the board to submit itemized statements of certain expenses.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Parham of the 109th, Baugh of the 108th and Sigman of the 74th.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 579. By Senator Kennedy of the 4th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to provide that it shall be unlawful for any person to obtain or procure for or give to a convict a weapon, intoxicating liquors, drugs or any other article or item without the consent of the warden or deputy warden.

The Senate Committee on Offender Rehabilitation offered the following amendment.
Amend SB 579 by striking from Section 1 on Page 1, beginning on line 27, and continuing on Page 2, thru line 4, the following:
"misdemeanor and upon conviction shall be fined not less than $25.00, or shall be imprisoned not less than six (6) months nor more than twelve (12) months or shall be subject to both fine and im prisonment in the discretion of the court.",
and inserting in lieu thereof the following:
"felony and upon conviction thereof shall be imprisoned for not less than one nor more than five years.",
and
by striking from Section 2 on Page 2, line 16, the word "misde meanor" and inserting in lieu thereof the word "felony".

860

JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds

Those not voting were Senators:

Bell Fincher

McGill (excused)

Riley Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Robinson

On the passage of the bill, the ayes were 52, nays 0.

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

SB 580. By Senators Timmons of the llth, Button of the 9th and Gillis of the 20th:
A bill to amend Code Chapter 73-1, relative to the sale of paints and linseed oil, so as to make it unlawful for any person, firm or corpora tion to distribute, sell or offer for sale within this State any paint used specifically for marking timber if such paint will not remain effective for a period of at least 12 months.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 12, 1976

861

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Hill

Hudson

Robinson

Those not voting were Senators:

Ballard Bell

Fincher

McGill (excused)

On the passage of the bill, the yeas were 49, nays 3.

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

SB 586. By Senator Sutton of the 9th:
A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, as amended, so as to include real estate brokers within certain provisions of said Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes

Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st

862

JOURNAL OF THE SENATE,

Doss Duncan Eldridge Poster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Reynolds Riley Robinson Russell Shapard

Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bell

Overby

Tate

Fincher

Pearce

McGill (excused)

Summers

On the passage of the bill, the yeas were 49, nays 0.

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

SB 588. By Senator Pearce of the 16th:
A bill to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to change certain definitions; to provide for coverage for certain elected and appointed officials.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Banks Barker
Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss
Duncan Foster

Garrard
Gillis Hamilton of 26th
Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Lewis McDuffie
Overby Pearce

Reynolds
Riley Robinson
Russell Shapard Starr Stephens Stumbaugh Sutton Thompson Traylor Turner Tysinger
Warren Young

THURSDAY, FEBRUARY 12, 1976

863

Voting in the negative was Senator Eldridge.

Those not voting were Senators:

Brantley Fincher Holloway Langford

Lester McDowell McGill (excused) Summers

Tate Timmons

On the passage of the bill, the ayes were 45, nays 1.

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

SR 310. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State-owned real property located in Baldwin County, Georgia, to Mrs. Adele Louise Tucker and naming said real property the Adele Louise Tucker Park upon its reversion to the State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th
Brown of 47th
Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Eldridge
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Kennedy Kidd
Langford
Lester
Lewis
McDowell
McDuffie
Overby
Pearce
Reynolds
Riley

Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Duncan Fincher Hill

Holloway Hudson McGill (excused)

Stephens

864

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 319. By Senators Ballard of the 45th, Tysinger of the 41st and Barnes of of the 33rd:
A resolution to create the Joint Workmen's Compensation Law Study Committee; to provide for the duties, powers and authorities of the Committee; to provide for technical and professional support; to provide for a report of Committee findings and recommendations.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley
Broun of 46th
Brown of 47th
Carter Coverdell Dean of 6th
Doss
Duncan Eldridge
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard
Hudgins
Hudson
Kennedy Kidd
Lester
Lewis McDowell
McDuffie Overby

Those not voting were Senators:

Dean of 31st Fincher Hill

Langford McGill (excused) Robinson

Pearce Reynolds Riley Russell Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Shapard Stephens

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, FEBRUARY 12, 1976

865

SR 322. By Senator Lewis of the 21st:
A resolution authorizing the conveyance of certain State-owned real property located within Burke County to the Board of Commissioners of Burke County; authorizing the sale and transfer of certain State-owned surplus personal property to the Board of Commissioners of Burke County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

McDuffie Overby Pearce Reynolds Riley Robinson Starr Stumbaugh Summers Tate Thompson Traylor Tysinger Warren Young

Those not voting were Senators:

Fincher Foster McGill (excused)

Russell Shapard Stephens

Sutton Timmons Turner

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President announced that the Senate would stand in recess from 12:00 o'clock Noon until 1:30 o'clock, P. M. today.

The President called the Senate to order at 1:30 o'clock, P. M.

The following general bills and resolutions of the Senate and House, favor ably reported by the committees, were read the third time and put upon their passage:

866

JOURNAL OF THE SENATE,

HB 164. By Representatives Jones of the 126th, Hudson of the 137th, Fraser of the 139th and others:
Senate Sponsor: Senator Kennedy of the 4th.
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served.

The Senate Committee on Offender Rehabilitation offered the following amendment:
Amend HB 164 by striking from Section 1, Page 1, beginning on line 17, the following sentence:
"After 30 days have elapsed since the prisoner was sentenced to serve time in a penal institution under the jurisdiction of the State Board of Corrections, and is not under appeal, during the time that any such prisoner is thereafter incarcerated in the county jail before being transferred to the place of confinement where the sentence is to be served, the Department of Offender Rehabilitation shall reimburse the county for the cost of such incarceration.",
and inserting in lieu thereof the following:
"After a prisoner is sentenced to serve time in a penal institu tion under the jurisdiction of the State Board of Corrections, and the prisoner is not under appeal, and after proper documentation is received from the clerk of the court, the Department of Offender Rehabilitation shall have 30 days to transfer such prisoner to the place of confinement where the sentence is to be served. After such 30 days have elapsed, any time that the prisoner is thereafter in carcerated in the county jail before being transferred by the Depart ment to the place of confinement, the Department shall reimburse the county for the cost of such incarceration."

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker
Barnes Bell

Bond Carter
Coverdell Dean of 6th

Doss Eldridge
Foster Garrard

THURSDAY, FEBRUARY 12, 1976

867

Gillis Hamilton of 26th Hamilton of 34th Hill Holley
Holloway Howard Hudson Kennedy

Kidd Langford Lewis McDuffie Reynolds
Riley Robinson Starr Stephens

Summers Sutton Thompson Traylor Turner
Tysinger Young

Those not voting were Senators:

Ballard Brantley Broun of 46th Brown of 47th
Dean of 31st Duncan Fincher

Hudgins Lester McDowell McGill (excused)
Overby Pearce Russell

Shapard Stumbaugh Tate Timmons
Warren

On the passage of the bill, the yeas were 37, nays 0.

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

Senator Holloway of the 12th assumed the Chair.

HB 171. By Representatives Cox of the 141st, Long of the 142nd and Evans of the 84th: Senate Sponsor: Senator Howard of the 42nd.
A bill to provide for the grant of visitation rights to the grandparents of certain children; to provide for the enforcement of the grant of such rights.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Bond Broun of 46th Brown of 47th
Carter Coverdell Doss Eldridge Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Howard Kennedy
Kidd Lester McDuffie Overby Reynolds

Riley Stephens Stumbaugh Summers Sutton Thompson
Timmons Traylor Turner Tysinger

868

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Barker Foster Hudson

Langford Lewis Robinson

Starr Young

Those not voting were Senators :

Ballard Brantley Dean of 6th Dean of 31st Duncan Fincher

Gillis Holloway (presiding) Hudgins McDowell McGill (excused) Pearce

Russell Shapard Tate Warren

On the passage of the bill, the yeas were 32, nays 8.

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

Senator Langford of the 51st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 171.

HB 1228. By Representative Walker of the 115th: Senate Sponsor: Senator Banks of the 17th.
A bill to repeal an Act known as the Municipal Home Rule Law to pro vide for the construction of this Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st
Doss Eldridge Foster

Garrard Hamilton of 26th Hill Holley
Hudson Kennedy
Kidd Langford Lester
Lewis McDuffie Overby Reynolds

Voting in the negative was Senator Dean of 6th.

Riley Robinson Starr Stephens
Stumbaugh Summers
Sutton Thompson
Timmons Traylor
Turner Tysinger Young

THURSDAY, FEBRUARY 12, 1976

869

Those not voting were Senators:

Ballard Brantley Duncan Fincher Gillis Hamilton of 34th

Holloway (presiding) Howard Hudgins McDowell McGill (excused) Pearce

Russell Shapard Tate Warren

On the passage of the bill, the yeas were 39, nays 1.

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

HB 1291. By Representatives Beck of the 148th, Long of the 142nd, Reaves of the 147th and others: Senate Sponsor: Senator Turner of the 8th.
A bill to provide that pecans falling from trees grown on private prop erty onto public road, street or highway rights-of-way shall be the prop erty of the owner of such trees during the harvesting season.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds

Those not voting were Senators:

Ballard Brantley Fincher

Hamilton of 34th Holloway (presiding) Hudgins

On the passage of the bill, the yeas were 47, nays 0.

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young
McGill (excused) Russell Warren

870

JOURNAL OF THE SENATE,

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

HB 1324. By Representatives Childs of the 51st, Parkman of the 66th, Irvin of the 23rd and others:
Senate Sponsor: Senator Garrard of the 37th.
A bill to provide that each county and each municipality and any combi nation of any such political subdivisions may exercise the power of plan ning and zoning.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker
Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss
Duncan Eldridge Foster

Garrard
Gillis Hamilton of 26th
Hill Holley Howard
Hudson Kennedy
Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce

Riley Robinson Shapard
Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Traylor Turner Tysinger
Warren Young

Those not voting were Senators:

Ballard Fincher Hamilton of 34th

Holloway (presiding) Hudgins McGill (excused)

Reynolds Russell

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1325. ;By Representatives Snow of the 1st, Walker of the 115th, Carnes of the 43rd and others:
Senate Sponsor: Senator Pearce of the 16th.
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing procedure for a review of assessments

THURSDAY, FEBRUARY 12, 1976

871

made by county boards of tax assessors, approved April 6, 1972, as amended, so as to provide that alternate members of the board of equali zation, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a member.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hill Holley Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley Robinson

Those not voting were Senators:

Barnes Bond Brantley Fincher

Hamilton of 34th Holloway (presiding) Hudgins Hudson

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
McGill (excused) Russell

On the passage of the bill, the yeas were 46, nays 0.

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

HB 1334. By Representatives Dixon of the 151st and Sweat of the 150th:
Senate Sponsor: Senator Eldridge of the 7th.
A bill to amend Code Chapter 89-5, relating to vacancies and resignations of public officers as amended, so as to provide a procedure for suspending county officers from office pending the outcome of any direct appeal taken from conviction of a felony; to provide for appointment of tempo rary officers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

872

JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Foster

Garrard Gillis Hamilton of 26th Hill Holley Howard Kennedy Kidd Langford Lewis McDowell McDuffie Overby Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators Dean of 6th and Lester.

Those not voting were Senators:

Brantley Fincher Hamilton of 34th

Holloway (presiding) Hudgins Hudson

McGill (excused) Pearce Russell

On the passage of the bill, the yeas were 45, nays 2.

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

HB 1391. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
Senate Sponsor: Senator Turner of the 8th.
A bill to regulate the distribution, sale, transportation, use and disposal of pesticides in the State of Georgia; to provide a short title; to provide for an enforcing official; to provide definitions; to describe misbranding; to specify prohibited acts; to provide for registration.

Senator Turner of the 8th offered the following amendment:
Amend HB 1391 by adding a new Section 24 to read as follows:
"Section 24. Notwithstanding any other provision of this Act, no provision of this Act shall authorize any person to violate any of the provisions of any law the administration and enforcement of which is assigned to the State Department of Natural Resources or any Division therein or to the Coastal Marshlands Protection Com mittee or any rules or regulations adopted and promulgated there under. Nor shall this Act be construed as repealing, preempting,

THURSDAY, FEBRUARY 12, 1976

873

modifying, or limiting the authority or functions assigned to the Department of Natural Resources; its Divisions or officials or of the Coastal Marshland Protection Committee."

and

by renumbering the succeeding Sections accordingly.

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell
Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th
Doss Foster
Garrard

Gillis Hill Holley Kennedy
Kidd Langford
Lester Lewis McDuffie
Overby Pearce Reynolds
Riley Shapard

Starr Stephens Stumbaugh Summers
Tate
Thompson
Timmons Traylor Turner Tysinger Warren
Young

Those voting in the negative were Senators:

Dean of 31st Eldridge

Howard Robinson

Sutton

Those not voting were Senators:

Bond Duncan Fincher Hamilton of 26th

Hamilton of 34th Holloway (presiding) Hudgins Hudson

McDowell McGill (excused) Russell

On the passage of the bill, the yeas were 40, nays 5.

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

874

JOURNAL OF THE SENATE,

HB 1392. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
Senate Sponsor: Senator Turner of the 8th.
A bill to amend the Structural Pest Control Act approved March 7, 1955 so as to provide for additional definitions; to correct certain refer ences in the membership of the Structural Pest Control Commission.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Carter Coverdell
Doss Foster
Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Kennedy
Kidd Langford Lester Lewis
McDowell Overby
Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh
Summers Tate Thompson Timmons
Traylor Turner
Tysinger Warren

Those voting in the negative were Senators:

Ballard Dean of 6th

Dean of 31st Eldridge

Sutton Young

Those not voting were Senators:

Duncan Fincher Holloway (presiding)

Hudgins Hudson McDuffie

McGill (excused) Russell

On the passage of the bill, the yeas were 42, nays 6.

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

The President resumed the Chair.

HB 1393. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
Senate Sponsors: Senators Gillis of the 20th and Turner of the 8th.
A bill to regulate the application of pesticides by any means within the

THURSDAY, FEBRUARY 12, 1976

875

State of Georgia; to provide a short title; to provide an enforcing offi cial; to provide a declaration of purpose; to provide for definitions; to provide for adoption of regulations.

Senator Turner of the 8th offered the following amendment:
Amend HB 1393 by adding a new Section 25 to read as follows:
"Section 25. Notwithstanding any other provision of this Act, no provision of this Act shall authorize any person to violate any of the provisions of any law the administration and enforcement of which is assigned to the State Department of Natural Resources or any Division therein or to the Coastal Marshlands Protection Com mittee or any rules or regulations adopted and promulgated there under. Nor shall this Act be construed as repealing, preempting, modifying, or limiting the authority or functions assigned to the Department of Natural Resources, its Divisions or officials or of the Coastal Marshland Protection Committee.'"
and
By renumbering the succeeding sections accordingly.

On the adoption of the amendment offered by Senator Turner of the 8th, the yeas were 35, nays 0, and the amendment was adopted.

Senator Gillis of the 20th offered the following amendment:
Amend HB 1393 by inserting on Page 3, line 31 after the word "agricultural" the words "or forestry"
and
by inserting on Page 4, line 2 after the word "agricultural" the words "and forestry".

On the adoption of the amendment offered by Senator Gillis of the 20th, the yeas were 35, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

876

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Carter Coverdell Dean of 6th Dean of 31st Doss Foster Garrard Gillis Hamilton of 26th

Hill Holley Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell Overby Pearce Reynolds Riley Robinson

Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Broun of 46th

Brown of 47th Eldridge

Sutton

Those not voting were Senators:

Duncan Fincher Hamilton of 34th

Hudgins
Hudson McDuffie

McGill (excused) Russell

On the passage of the bill, the yeas were 43, nays 5.

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

HE 503. By Representatives Jones of the 126th, Chance of the 129th, Taggart of the 125th and others:
Senate Sponsor: Senator Riley of the 1st.
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia to grant and convey to Georgia Pacific Corp., a Georgia corporation, its successors and assigns, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Ga.

The Senate Committee on Public Utilities offered the following substitute to HR 503:
A RESOLUTION
Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Georgia-Pacific Corpora tion, a Georgia corporation, its successors and assigns, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia, for the con-

THURSDAY, FEBRUARY 12, 1976

877

struction, installation, operation, maintenance, repair, replacement of berthing, docking and storage facilities and improvements, including a conveyor system-loading tower, and for navigational dredging, to be used in connection with the receiving, storage and transshipment of various products, including wood chips, to be built, over, under, across or through such State-owned or claimed properties; and for other purposes.

WHEREAS, Georgia-Pacific Corporation, a Georgia corporation, is the owner in fee simple of a tract of land on Hutchinson Island in the Savannah River in Chatham County, Georgia, on which it proposes to construct and maintain a receiving, storing and loading facility, in connection with which it intends to receive, store and dispatch waterborne cargoes, thereby requiring berthing, docking, storage and loading facilities and improvements, including breasting dolphins, a pier, a conveyor system, and a loading tower and catwalk; and

WHEREAS, a portion of the proposed facilities is to be located adjacent to the property of Georgia-Pacific Corporation on certain property owned or claimed by the State of Georgia, in Chatham County, Georgia; and

WHEREAS, Georgia-Pacific Corporation has applied for the re quisite permits from the U. S. Army Corps of Engineers for the con struction and maintenance of the proposed facilities; and

WHEREAS, except as provided by legislative act, the State of Georgia may grant only a revocable license for the construction and maintenance of such improvements and facilities under, over, through
or across State-owned properties, for any term exceeding one (1) year; and

WHEREAS, it is deemed as beneficial for the State of Georgia for such facilities to be established, and the State of Georgia is willing to grant and convey an irrevocable easement in consideration of the mone tary sum specified herein and for the further consideration of the ease ment containing such terms and conditions as the State Properties Com
mission shall determine to be in the best interest of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that for and in consideration of the prem ises and the payment into the general treasury of the State of Georgia the sum of $1,000.00, the State Properties Commission, for and on be half of the State of Georgia, is hereby authorized to convey to GeorgiaPacific Corporation, a Georgia corporation, its successors and assigns, an easement with the right and privilege for itself, its successors and assigns, to use, occupy, employ and enjoy for the purposes of construct ing, installing, operating, maintaining, repairing, and replacing, berth ing, docking, storage and loading facilities and improvements, including
breasting dolphins, a pier, a conveyor system, and a loading tower and catwalk, and all facilities and improvements that shall be reasonably
for or in connection therewith, and of dredging the river bottom for navigational purposes, across, under, over and through the bed or bottom of the Savannah River, and the intertidal area on the north bank thereof, hereinafter more fully described, subject always to their initial and con tinuing compliance with all applicable laws pertaining to the subject

878

JOURNAL OF THE SENATE,

matter hereof and to the properties affected hereby and subject always to the use and enjoyment by the public of any streams involved herein, the property subject to said easement being more particularly described as follows:

All that portion of river bottom and inter-tidal land situate, lying and being in Chatham County, Georgia, and being described as follows: Beginning at a point on Hutchinson Island designated as X = 829,389.71' Y = 763,127.94' according to the Georgia State Plane Grid System, East Zone, running thence North 637'05" East 318.97 feet to a concrete monument located on the boundary line between the property of Georgia-Pacific Corporation and prop erty now or formerly of Diamond Manufacturing Company; thence South 4352'15" West 255 feet, more or less, to the high water line or mark of the Savannah River and the POINT OF BEGINNING: from said point of beginning running thence along said high water line or mark in a southeasterly direction a distance of 2,071 feet, more or less, to a point where the common boundary line between the property of Georgia-Pacific Corporation and the Planters Canal intersects said high water line or mark; thence South 3052'15" West along said common boundary line as extended 241 feet, more or less, to the north edge of the channel of the Savannah River (as now designated by the U. S. Army Corps of Engineers) ; running thence in a northwesterly direction along the north edge of the channel of the Savannah River (as now designated by the U. S. Army Corps of Engineers) 2,115 feet, more or less, to a point located South 4352'15" West 239 feet, more or less, from the point of beginning; thence North 4352'15" East a distance of 239 feet, more or less, along the common boundary line between the property of Georgia-Pacific Corporation and property now or formerly of Diamond Manufacturing Company, as extended, to the point of beginning.

All as will more fully appear by reference to that certain plat of said property dated July 10, 1975 made by Hussey, Gay & Bell, Consulting Engineers, for Georgia-Pacific Corporation, a copy of which is in the files of the Commissioner of the Department of Natural Resources, and to which reference is hereby expressly made.
It is recognized that the exact location of the high water line or mark of the Savanah River fluctuates with the tide, and may vary from the aforesaid plat, however it is the intention of the foregoing description to include, during the period for which the easement is granted, all land between said high water line or mark (adjacent to the said lands of Georgia-Pacific Corporation), wherever its exact location, and the north edge of the channel of the Savannah River, wherever its exact location.
The right to dredge the river bottom within the easement area shall, within the scope of the permits heretofore or hereafter granted by the U. S. Army Corps of Engineers, be for the purpose only of im proving navigation.
BE IT FURTHER RESOLVED that said easement is made only for the purposes aforesaid and shall continue only so long as the GeorgiaPacific Corporation, its successors or assigns, continue to maintain

THURSDAY, FEBRUARY 12, 1976

879

and operate the aforesaid facilities for the aforesaid purposes, and should the facilities be abandoned or use thereof for the aforesaid purposes discontinued, said easement shall terminate.

On the adoption of the substitute, the yeas were 37, nays, 0 and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Poster

Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Pincher Hamilton of 34th

Hudson McDuffie McGill (excused)

Russell Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 540. By Representatives Jones of the 126th, Chance of the 129th, Triplett of the 128th and others:
Senate Sponsor: Senator Riley of the 1st.
A resolution authorizing the State Properties Commission, for and on behalf of the State of Ga., to grant and convey to Pierpont-Corbett Box Company, Inc., a Ga. corporation, its successors and assigns, an

880

JOURNAL OF THE SENATE,

irrevocable easement for a term of years over, under, across and through certain property owned or claimed by the State of Ga. and located in Chatham County, Ga.

The Senate Committee on Public Utilities offered the following amendment toHR540:
(1) By striking on line 5 of Page 1, the following:
"for a term of years".
(2) By striking on line 12 of Page 2, the following:
"for a term of years".
(3) By striking on line 7 of Page 3, the following:
"for the term of seventy-five (75) years".
(4) By striking on line 2 of Page 4, the following: "mean".
(5) By striking on line 6 of Page 4, the following: "mean".
(6) By striking on line 10 of Page 4, the following: "mean".
(7) By adding following the last paragraph of said resolution ending on line 17 of Page 5, a new paragraph to read as follows:
"BE IT FURTHER RESOLVED that said easement is made only for the purposes aforesaid and shall continue only so long as the Pierpont-Corbett Box Co., its successors and assigns, continues to maintain and operate the aforesaid facilities and should said facilities be abandoned or the use for the aforesaid purposes discontinued, said easement shall terminate.".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
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, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 12, 1976

881

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes B,ell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster

Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Fincher Hamilton of 34th

Hudgins Hudson McDuffie

McGill (excused) Russell

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 567. By Representatives Jones of the 126th, Taggart of the 125th, Chance of the 129th and others: Senate Sponsor: Senator Riley of the 1st.
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to grant and convey to Union Camp Corporation, a Virginia corporation, domesticated in Georgia, certain State-owned or claimed property situate in the Savannah River, Chatham County, Georgia.

The Senate Committee on Public Utilities offered the following amendment:
Amend HR 567 by deleting on Page 3, line 8, the numerals "16.1739," and inserting in lieu thereof, the following:
"16.739,".

On the adoption of the amendment, the yeas were 34, nays 1, and the amendment was adopted.

Senator Riley of the 1st offered the following amendment:

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JOURNAL OF THE SENATE,

Amend HR 567 by striking on Page 1, line 1 in its entirety, and continuing on line 2 thru the word "Georgia", and substituting in lieu thereof the following:

"Authorizing the State Properties Commission, for and on be half of the State of Georgia".

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bel;l Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster

Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Duncan Fincher Hamilton of 34th

Hudgins Hudson McDuffie

McGill (excused) Russell Young

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 432. By Senator Langford of the 51st:
A bill to amend Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons

THURSDAY, FEBRUARY 12, 1976

883

at public gatherings, Code Section 26-2903, relating to carrying pistols without licenses and Code Section 26-2906, relating to machine guns.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st
Doss
Duncan
Eldridge
Foster
Garrard

Gillis Hamilton of 26th Hill Holley Holloway Kennedy Kidd Langford Lester
Lewis
McDowell
Overby
Pearce
Reynolds

Riley Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor
Turner
Tysinger
Warren

Those voting in the negative were Senators:

Barker Bond

Howard

Tate

Robinson

Those not voting were Senators:

Banks Brown of 47th Fincher Hamilton of 34th

Hudgins Hudson McDuffie McGill (excused)

Russell Shapard Young

On the passage of the bill, the yeas were 40, nays 5.

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

HB 1269. By Representatives Tolbert, Davis and Floyd of the 56th, Williamson of the 45th and others:
Senate Sponsor: Senator Warren of the 43rd.
A bill to amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974, as amended, so as to provide for the recitation of the Pledge of Allegiance to the flag of the United States of America by students in the public schools of the State of Georgia.

884

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge

Poster Garrard Gillis Hamilton of 26th Hill Holley Howard Kennedy Kidd
Langford
Lester
Lewis
McDowell
Overby
Pearce
Reynolds

Riley Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Fincher Hamilton of 34th Holloway Hudgins

Hudson McDuffie McGill (excused) Russell

Shapard Timmons

On the passage of the bill, the yeas were 46, nays 0.

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

SB 484. By Senators Traylor of the 3rd, Riley of the 1st, Gillis of the 20th and others:
A bill to amend an Act providing the procedures for the purchase of supplies, materials and equipment for the various State departments' and agencies' needs, as amended, so as to provide that competitive bids shall not be required where the amount of the purchase is less than $100.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend SB 484 by adding on Page 1, line 20, in Section 1, between the symbols "$100" and the words "the purchase", the following:
"and are not available on State contracts";

THURSDAY, FEBRUARY 12, 1976

885

and

by striking from Page 1, line 26, Section 1, the following: "$300",

and inserting in lieu thereof the following: "$500".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Foster

Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell Overby Pearce

Voting in the negative was Senator Dean of 6th.

Reynolds Riley Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Fincher Hamilton of 34th Hudgins

McDuffie McGill (excused) Russell

Shapard Timmons

On the passage of the bill, the yeas were 47, nays 1.

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

886

JOURNAL OP THE SENATE,

SB 558. By Senator Garrard of the 37th:
A bill to amend an Act which provides for minimum standards for cer tain detention facilities within this State, so as to provide for inspec tions of such detention facilities; to establish levels of sanitation which must be maintained; to delineate the means of enforcing the provisions of the Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge
Foster

Garrard Gillis Hamilton of 26th
Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell Overby

Pearce Reynolds Riley Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Fincher Hamilton of 34th

McDuffie McGill (excused) Russell

Shapard Timmons

On the passage of the bill, the yeas were 48, nays 0.

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

Senator McDowell of the 2nd gave notice that, at the proper time, he would move that the Senate disagree with the committee report which was adverse to the passage of the following bill of the Senate:

SB 495. By Senator McDowell of the 2nd:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that it shall be unlawful to publish, print, sell, transport, distribute, or possess certain printed material.

THURSDAY, FEBRUARY 12, 1976

887

Senator Young of the 13th, Chairman of the Enrolling and Journals Sub committee, submitted the following report:

Mr. President:

Your Subcommittee on Enrolling and Journals has read and examined the following bills and resolution of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 84.
SB 198.
SB 460.
SR 123.
Respectfully submitted, Senator Young of the 13th District, Chairman

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 2:55 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia Friday, February 13,1976
The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by the President.
Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.
Senator Holloway of the 12th moved that the Senate reconsider its action of February 12 in passing the following bill of the Senate:
SB 546. By Senator McDowell of the 2nd: A bill to prohibit discrimination based on age in the creation or opera tion of public or private retirement systems or pension plans; to provide minimum standards and requirements for public and private retirement or pension plans or systems.
On the motion, the yeas were 28, nays 1; the motion prevailed, and SB 546 was placed on the Senate Calendar.
Senator Langford of the 51st moved that the Senate reconsider its action of February 12 in passing the following bill of the House:
HB 171. By Representatives Cox of the 141st, Long of the 142nd, Evans of the 84th and others: A bill to provide for the grant of visitation rights to the grandparents of certain children; to provide for the enforcement of the grant of such rights.
On the motion, the yeas were 27, nays 6; the motion prevailed, and HB 171 was placed on the Senate Calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:

FRIDAY, FEBRUARY 13, 1976

889

HB 190. By Representatives Buck of the 95th and Snow of the 1st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to include additional persons as members of the System.

HB 272. By Representative Phillips of the 120th:
A bill to amend an Act creating the Public School Employees' Retire ment System so as to authorize the retirement of members with 31 years or more of creditable service regardless of their age.

HB 660. By Representative Greer of the 43rd:
A bill to create a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County.

HB 1270. By Representatives Tolbert, Davis and Floyd of the 56th and others:
A bill to provide that it shall be unlawful for any parent or guardian of of any school child to provide false information in order to obtain free school lunches or such lunches at a reduced price.

HB 1297. By Representative Games of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County providing for payment of benefits from the fund; to renumber succeeding sections of said Act accordingly.

HB 1422. By Representative Nessmith of the 82nd:
A bill to provide for the licensing and bonding of Grain Dealers; to provide for definitions; to provide for licensees and applications and fees for such licenses; to provide for requirements for licensees; to provide for certified public weighers.

HB 1493. By Representatives Carr of the 105th, Whitmire of the 9th, Dent of the 85th and others:
A bill to amend an Act creating the Department of Public Safety so as to establish the eligibility requirements for appointment to the Uni form Division of the Department of Public Safety.

HB 1504. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide a limitation upon prior service credit for active full-time military duty under certain circumstances.

890

JOURNAL OF THE SENATE,

HB 1536. By Representative Carr of the 105th:
A bill to amend an Act known as the "Georgia Surface Mining Act of 1968" so as to provide additional powers and duties of the Board of Natural Resources; to provide for the issuance of orders; to change certain provisions relative to licenses and bonds.

HB 1651. By Representative Harden of the 154th:
A bill to amend the "Jekyll Island - State Park Authority Act" to change the definition of "project"; to define the terms condominium and condominium unit.

HB 1656. By Representatives Hudson of the 137th, Collins of the 144th, Rainey of the 135th and others:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" so as to exempt sales, fees and charges for services by the Rock Eagle 4-H Center.

HB 1689. By Representative Keyton of the 143rd:
A bill to provide a new charter for the City of Coolidge, Georgia, in the County of Thomas; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to repeal conflicting laws.

HB 1735. By Representatives Taggart of the 125th, Hill of the 127th, Blackshear of the 123rd and others:
A bill to amend an Act creating the State Court of Chatham County so as to change the provisions relating to the salary of the judge of said court; to change the provisions relating to the salary of the clerk of the said court.

HB 1736. By Representatives Taggart of the 125th, Triplett of the 128th, Hill of the 127th and others:
A bill to amend an Act creating the State Court of Chatham County so as to provide for an additional judge of the State Court of Chatham County; to provide for the powers, duties, jurisdiction, privileges, im munities and compensation of said additional judge.

HB 1737. By Representatives Cole and Foster of the 6th:
A bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved Feb. 24, 1874, as amended, so as to change the compensation of the recorder of said city; to provide an effective date.

FRIDAY, FEBRUARY 13, 1976

891

HB 1738. By Representatives Cole and Foster of the 6th:
A bill to amend an Act amending the charter of the City of Dalton ap proved Jan. 30, 1946, establishing the corporate limits of the City of Dalton and Acts amendatory of said charter by incorporating in said city, parts of land lots in the 12th district and 3rd Section of Whitfield County, Georgia.

HB 1740. By Representative Sigman of the 74th:
A bill to amend an Act providing for a new Board of Education of Newton County, approved Mar. 31, 1967, so as to change the number of members of the board; to change the education districts; to provide for election of members by the electors of the member's district only.

HB 1742. By Representative Adams of the 79th:
A bill to amend Code Section 24-1801, relating to clerks of the judges of the probate courts, as amended, so as to authorize the judge of the probate court in all counties whose population is not less than 23,450 nor more than 23,500, to appoint a clerk whose salary shall be paid from county funds, which salary shall not exceed the sum approved by the board of commissioners of any such county.

HB 1743. By Representative Adams of the 79th:
A bill to amend an Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation so as to strike therefrom the word "ordinary" in every instance in which it appears and to insert in lieu thereof the phrase "judge of the probate court".

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act.

HB 312. By Representatives Adams of the 14th, Walker of the 115th, Toles of the 16th and others:
A bill to amend an Act establishing the Employees' Retirement System so as to provide that certain periods of service shall be deemed as fulltime State employment for certain members.

HB 1526. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the Georgia Peace Officer Standards and Training Act, as amended, so as to redefine terms; to expand the power of the Georgia Peace Officer Standards and Training Council to provide technical assistance to law enforcement units; to define the class of persons subject to the certification provisions of the Act; to provide an effective date.

892

JOURNAL OF THE SENATE,

HB 1727. By Representatives Miles of the 86th, Sams of the 90th, Dent of the 85th and others:
A bill to authorize persons appointed by the State Revenue Commissioner as special agents or enforcement officers of the Revenue Department to enforce the laws of this State relating to the licensing and registra tion of motor vehicles and to endow them with all the powers of a police officer of this State when engaged in the enforcement of said laws.

HB 1662. By Representatives Castleberry of the lllth, Ware of the 68th, Wood of the 9th and others:
A bill to amend Code Chapter 56-14, relating to rehabilitation and liqui dation of insurers so as to change the provisions relating to grounds of conservation, so as to provide grounds for conservation of domestic insurers.

HB 1660. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend Code Chapter 56-8A, relating to agents and counselors of life, accident, and sickness insurance, as amended, so as to provide for Agents' Certificates of Authority; to require insurers to obtain certifi cates for each agent representing such insurers in certain matters; to provide for renewal of certificates.

SB 206. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to amend the Fire Fighter's Mediation Act, approved April 5, 1971, so as to delete therefrom an exception; to repeal conflicting laws.

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

HR 517. By Representatives Cooper, Howard and Wilson of the 19th:
A resolution designating staurolite as the official State mineral, the shark tooth as the official State fossil, quartz as the official State gem and marble as the official State rock.

HR 596. By Representatives Carlisle and Mostiler of the 71st and Johnson, Lee, West and Bailey of the 72nd:
A resolution proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Fayette County, Georgia to license and regulate businesses operated within the unincor porated areas of said County.

The House has agreed to the Senate substitute to the following resolution of the House:

FRIDAY, FEBRUARY 13, 1976

893

HR 503. By Representatives Jones of the 126th, Chance of the 129th, Hill of the 127th and others:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia to grant and convey to Georgia Pacific Corporation, a Georgia corporation, its successors and assigns, as ease ment over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia.

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

HR 540. By Representatives Jones of the 126th, Chance of the 129th and others:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia to grant and convey to Pierpont-Corbett Box Company, Inc., a Georgia corporation, its successors and assigns, an irrevocable easement for a term of years, over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 625. By Senator Kidd of the 25th:
A bill to provide for fees and cost in proceedings in small claims courts in counties having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970 or any such future census; to provide for practices and procedures. Referred to Committee on County and Urban Affairs.

SB 626. By Senators Garrard of the 37th and Coverdell of the 40th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the composition of said Board; to provide for the election of members to the Board; to provide for com missioner districts; to provide for terms of office. Referred to Committee on County and Urban Affairs.

SB 627. By Senators Starr of the 44th and Riley of the 1st:
A bill to amend an Act known as the "Jekyll Island-State Park Au thority Act", as amended, so as to provide for the granting of franchises to utility companies; to provide that the power granted shall not be in derogation of other powers of the Authority. Referred to Committee on Public Utilities.

SB 628. By Senators Barnes of the 33rd and McDuffie of the 19th: A bill to amend Code Chapter 56-24, relating to the insurance contract

894

JOURNAL OF THE SENATE,

in general, as amended, so as to provide that any individual or group policy of accident and health insurance, the person entitled to benefits or the person performing services under such policy, contract, plan or agreement shall be entitled to reimbursement on an equal basis for such services.
Referred to Committee on Banking, Finance and Insurance.

SB 629. By Senator Holloway of the 12th:
A bill to amend Code Chapter 84-1, relating to the office of Joint-Secre tary of State Examining Boards and the administration of the several examining boards administratively assigned to that office, as amended, so as to provide that each examining board assigned to that office which adopts a standard examination, shall have the power to require an applicant for examination to remit the cost of the examination to the providers of the standard examination.
Referred to Committee on Rules.

SB 630. By Senator Traylor of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill in the County of Bryan and granting a new charter to said city, as amended, so as to change the corporate limits of said city; to provide an effective date; to provide for a referendum. Referred to Committee on County and Urban Affairs.

SB 631. By Senator Traylor of the 3rd:
A bill to amend an Act placing the Sheriff of Effingham County on an annual salary in lieu of the fee system of compensation, as amended, so as to authorize the sheriff to hire seven full-time deputies; to provide for their compensation. Referred to Committee on County and Urban Affairs.

SB 632. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Georgia Special Adult Offender Act of 1975", so as to change the effective date of said Act; to provide an effective date. Referred to Committee on Offender Rehabilitation.

SB 633. By Senators Brantley of the 56th, Barnes of the 33rd, Thompson of the 32nd and others:
A bill to require every telephone answering service in this State to notify each of its customers who are licensed to practice dentistry and medicine whenever the telephone answering service is to be suspended or terminated for any reason; to provide the procedure connected therewith.
Referred to Committee on Public Utilities.

FRIDAY, FEBRUARY 13, 1976

895

SB 634. By Senators Brantley of the 56th, Tysinger of the 41st, Barnes of the 33rd and others:
A bill to provide for the regulation of contracts for invention develop ment services; to provide for legislative intent; to provide for definitions; to provide for the right of cancellation by the invention developer or the customer; to provide for the manner of cancellation. Referred to Committee on Consumer Affairs.

SB 635. By Senator Traylor of the 3rd:
A bill to amend an Act providing for the granting of funds to a county in which is located land belonging to the State consisting of at least twenty thousand (20,000) acres from which such county receives no taxes, so as to authorize the Department of Natural Resources to grant such funds.
Referred to Committee on Banking, Finance and Insurance.

SR 341. By Senators Broun of the 46th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to provide for annual sessions of 45 days for the General Assembly and to provide for periods of adjournment during each session; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Rules.

SR 342. By Senator Shapard of the 28th:
A resolution proposing an amendment to the Constitution, so as to au thorize and empower the Board of Commissioners of Spalding County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County and to other wise regulate and exercise police powers over businesses operated within the unincorporated areas of said County.
Referred to Committee on County and Urban Affairs.

SR 343. By Senator Brown of the 47th:
A resolution approving the Purchase Bid (and the bidder) of Crittenden, Reingold and Green, a Georgia General Partnership, composed of Edward E. Crittenden, A General Partner, Arvin H. Reingold, a General Partner, and Thomas M. Green, Jr., a General Partner, hereinafter throughout this entire Resolution for convenience referred to as "Pur chaser".
Referred to Committee on Public Utilities.

SR 345. By Senator Kidd of the 25th:
A resolution creating the Special Committee to Investigate Regional Governments. Referred to Committee on County and Urban Affairs.

896

JOURNAL OF THE SENATE,

SR 346. By Senator Kidd of the 25th:
A resolution authorizing the transfer of certain real property from the Department of Human Resources to the Department of Corrections/ Offender Rehabilitation. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SR 348. By Senators Traylor of the 3rd, Carter of the 14th, Timmons of the llth and others:
A resolution relative to instruction in the public schools on the essentials and benefits of the free enterprise system. Referred to Committee on Education.

SR 349. By Senator Garrard of the 37th: A resolution creating the Health Laws Study Committee.
Referred to Committee on Human Resources.

SR 350. By Senator Hudgins of the 15th:
A resolution proposing an amendment to the Constitution, so as to add public and independent school districts and systems of the several counties and municipalities of the State as determined by the State Board of Education to need State aid for capital outlay funds as an eligible purpose for which general obligation debt of the State may be incurred.
Referred to Committee on Education.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 660. By Representative Greer of the 43rd:
A bill to create a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County. Referred to Committee on County and Urban Affairs.

HB 1297. By Representative Carnes of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County providing for payment of benefits from the fund; to renumber succeeding sections of said Act accordingly. Referred to Committee on County and Urban Affairs.

HB 1504. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of

FRIDAY, FEBRUARY 13, 1976

897

the Board of Education of Fulton County, and for other purposes", so as to provide a limitation upon prior service credit for active full-time military duty under certain circumstances.
Referred to Committee on Countv and Urban Affairs.

HB 1689. By Representative Keyton of the 143rd:
A bill to provide a new charter for the City of Coolidge, Ga., in the County of Thomas; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the execu tive branch of the city government; to provide for the judicial branch of the city government. Referred to Committee on County and Urban Affairs. .

HB 1735. By Representatives Taggart of the 125th, Hill of the 127th, Blackshear of the 123rd and others:
A bill to amend an Act creating the State Court of Chatham County so as to change the provisions relating to the salary of the judge of said court; to change the provisions relating to the salary of the clerk of said court. Referred to Committee on Countv and Urban Affairs.

HB 1736. By Representatives Taggart of the 125th, Triplett of the 128th, Hill of the 127th and others:
A bill to amend an Act creating the State Court of Chatham County so as to provide for an additional judge of the State Court of Chatham County; to provide for the powers, duties, jurisdiction, privileges, im munities and compensation of said additional judge.
Referred to Committee on County and Urban Affairs.

HB 1737. By Representatives Cole and Foster of the 6th:
A bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved Feb. 24, 1874, as amended, so as to change the compensation of the recorder of said city; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1738. By Representatives Cole and Foster of the 6th:
A bill to amend an Act amending the charter of the City of Dalton approved Jan. 30, 1946, establishing the corporate limits of the City of Dalton and Acts amendatory of said charter by incorporating in said city, parts of land lots in the 12th District and 3rd Section of Whitfield County, Georgia. Referred to Committee on County and Urban Affairs.

898

JOURNAL OF THE SENATE,

HB 1740. By Representative Sigman of the 74th:
A bill to amend an Act providing for a new Board of Education of Newton County, approved Mar. 31, 1967, so as to change the number of members of the board; to change the education districts; to provide for election of members by the electors of the member's district only. Referred to Committee on County and Urban Affairs.

HB 1742. By Representative Adams of the 79th:
A bill to amend Code Section 24-1801, relating to clerk of the judges of the probate courts, as amended, so as to authorize the judge of the probate court in all counties whose population is not less than 23,450 nor more than 23',550, to appoint a clerk whose salary shall be paid from county funds, which salary shall not exceed the sum approved, by the board of commissioners of any such county.
Referred to Committee on County and Urban Affairs.

HB 1743. By Representative Adams of the 79th:
A bill to amend an Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation so as to strike therefrom the word "ordinary" in every instance in which it appears and to insert in lieu thereof the phrase "judge of the probate court". Referred to Committee on County and Urban Affairs.
HB 190. By Representatives Buck of the 95th and Snow of the 1st:
A bill to amend an Act establishing the Employees Retirement System of Georgia so as to include additional persons as members of the System. Referred to Committee on Retirement.

HB 272. By Representative Phillips of the 120th:
A bill to amend an Act creating the Public School Employees' Retirement System so as to authorize the retirement of members with 31 years or more of creditable service regardless of their age. Referred to Committee on Retirement.

HB 312. By Representatives Adams of the 14th, Walker of the 115th, Shanahan of the 7th and others:
A bill to amend an Act establishing the Employees' Retirement Sys tem so as to provide that certain periods of service shall be deemed as full-time State employment for certain members. Referred to Committee on Retirement.

FRIDAY, FEBRUARY 13, 1976

899

HB 1186. By Representatives Beckham of the 89th, Calhoun of the 88th, Sams of the 90th and others:
A bill to provide requirements for the receipt of assistance payments made pursuant to the Aid to Dependent Children Act. Referred to Committee on Human Resources.

HB 1270. By Representatives Tolbert, Davis and Floyd of the 56th, Williamson of the 45th and others:
A bill to provide that it shall be unlawful for any parent or guardian of any school child to provide false information in order to obtain free school lunches or such lunches at a reduced price. Referred to Committee on Education.

HB 1422. By Representative Nessmith of the 82nd:
A bill to provide for the licensing and bonding of Grain Dealers; to provide for definitions; to provide for exceptions; to provide for licenses and applications and fees for such licenses; to provide for requirements for licensees; to provide for certified public weighers. Referred to Committee on Agriculture.

HB 1493. By Representatives Carr of the 105th, Whitmire of the 9th, Dent of the 85th and others:
A bill to amend an Act creating the Department of Public Safety so as to establish the eligibility requirements for appointment to the Uniform Division of the Department of Public Safety. Referred to Committee on Transportation.

HB 1526. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the Georgia Peace Officer Standards and Training Act, as amended, so as to redefine terms; to expand the power of the Georgia Peace Officer Standards and Training Council to provide technical assistance to law enforcement units; to define the class of persons subject to the certification provisions of the Act; to provide an effective date. Referred to Committee on Judiciary.
HB 1536. By Representative Carr of the 105th:
A bill to amend an Act known as the "Georgia Surface Mining Act of 1968" so as to provide additional powers and duties of the Board of Natural Resources; to provide for the issuance of orders; to change certain provisions relative to licenses and bonds. Referred to Committee on Natural Resources and Environmental Quality.
HB 1651. By Representative Harden of the 154th:
A bill to amend the "Jekyll Island-State Park Authority Act" to change

900

JOURNAL OF THE SENATE,

the definition of "project"; to define the terms condominium and condominium unit.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1656. By Representatives Hudson of the 137th, Collins of the 144th, Rainey of the 135th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to exempt sales, fees and charges for services by the Rock Eagle 4-H Center.
Senator Young of the 13th moved that HB 1656 be engrossed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 1656 was engrossed.
Referred to Committee on Banking, Finance and Insurance.
HB 1660. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend Code Chapter 56-8A, relating to agents and counselors of life, accident, and sickness insurance, as amended, so as to provide for Agents' Certificates of Authority; to require insurers to obtain certificates for each agent representing such insurers in certain mat ters; to provide for renewal of certificates. Referred to Committee on Banking, Finance and Insurance.
HB 1662. By Representatives Castleberry of the lllth, Ware of the 68th, Wood of the 9th and others:
A bill to amend Code Chapter 56-14, relating to rehabilitation and liquidation of insurers so as to change the provisions relating to grounds of conservation, so as to provide grounds for conservation of domestic insurers. Referred to Committee on Banking, Finance and Insurance.
HB 1727. By Representatives Miles of the 86th, Sams of the 90th, Dent of the 85th and others:
A bill to authorize persons appointed by the State Revenue Commissioner as special agents or enforcement officers of the Revenue Department to enforce the laws of this State relating to the licensing and registration of motor vehicles and to endow them with all the powers of a police officer of this State when engaged in the enforcement of said laws. Referred to Committee on Judiciary.
HR 517. By Representatives Cooper, Howard and Wilson of the 19th:
A resolution designating staurolite as the official State mineral, the shark tooth as the official State fossil, quartz as the official State gem and marble as the official State rock. Referred to Committee on Rules.

FRIDAY, FEBRUARY 13, 1976

901

HR 596. By Representatives Carlisle and Mostiler of the 71st, and Johnson, Lee, West and Bailey of the 72nd:
A resolution proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Fayette County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Fayette County and to other wise regulate and exercise police powers over businesses operated within the unincorporated areas of said County.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance & Insurance has had under considera tion the following bills of the House and has instructed me, as Chairman, to re port the same back to the Senate with the following recommendations:
HB 1002. Do pass. HB 1658. Do pass. HB 1659. Do pass.
Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 354. Do pass. SB 553. Do pass. HB 234. Do not pass. HB 461. Do not pass. HB 543. Do not pass. HB 1170. Do not pass. HB 1457. Do pass. HB 1443. Do pass as amended.

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HB 1617. HB 1653. HB 1673. HB 1677. HB 1681. HB 1684. HR 387. SR 152. HR 584. HR 595.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do not pass. Do not pass. Do pass. Do pass.
Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom
mendations:

SB 597. Do pass.

HB 1593. Do pass.

HB 1603. Do pass.

HB 1604. Do pass.

HB 1605. Do pass.

HB 1606. Do pass.

HB 1609. Do pass.

HB 1610. Do pass.

HB 1611. Do pass

HB 1631. Do pass.

HB 1632. Do pass.

HB 1635. Do pass.

HB 1650. Do pass.

HB 1652. Do pass. HR 592. Do pass.

HR 594. Do pass.

Respectfully submitted, Senator Garrard of the 37th District, Chairman

FRIDAY, FEBRUARY 13, 1976

903

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:

Mr. President:

Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 598. Do pass.
SB 606. Do pass.
SB 610. Do pass.
SR 337. Do pass.
SR 326. Do pass.
SR 313. Do pass by substitute.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Senator Doss of the 52nd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. President:
Your Committee on Higher Education has had under consideration the follow ing bill and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 596. Do pass as amended. SR 14. Do not pass. SR 81. Do not pass.
Respectfully submitted, Senator Doss of the 52nd District, Chairman

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 88. Do pass. Respectfully submitted, Senator Fincher of the 54th District, Chairman

904 _

JOURNAL OF THE SENATE,

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 590. Do pass.
SB 573. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 416. Do not pass. SB 417. Do not pass. HB 1314. Do pass. HB 1315. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:
SB 403. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for any agent of a consumer reporting agency to go in or upon a private residence without prior in vitation from the occupant thereof for the purpose of obtaining informa tion regarding a consumer's character, general characteristics or mode of living in connection with the preparation of an investigative con sumer report by such consumer reporting agency.

SB 480. By Senator Foster of the 50th:
A bill to provide for legislative oversight of rules and regulations of executive agencies of the State government; to provide for a short title; to provide for a definition; to provide for review of proposed rules and regulations of executive agencies by committees of the House and Senate.

FRIDAY, FEBRUARY 13, 1976

905

SB 492. By Senator Warren of the 43rd:
A bill to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for multiple party ac counts; to provide for ownership and payments during lifetime; to provide for right of survivorship.

SB 496. By Senator Foster of the 50th:
A bill to require State agencies to perform energy consumption analyses as part of the construction or renovation of certain facilities; to provide legislative findings; to provide a declaration of policy; to provide definitions; to require life-cycle cost analyses and energy conservation practices for certain facilities.

SB 504. By Senators Holloway of the 12th, Garrard of the 37th, Coverdell of the 40th and others:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended, so as to change the provisions relating to vouchers; to provide that members of the General Assembly shall certify that vouchers are true and correct and to make it a crime to certify falsely.

SB 539. By Senators Tate of the 38th, Hamilton of the 34th, Dean of the 6th and others:
A bill to amend Code Section 68A-202, relating to the meaning of traffic signal indications, as amended, so as to provide that traffic, except pedestrians, facing a steady circular red signal, after stopping, may make a left turn into a one-way street on which the traffic moves toward the driver's left, under certain conditions.

SR 274. By Senators Holloway of the 12th, Garrard of the 37th, Coverdell of the 40th and others:
A resolution creating a committee to study and revise Code Title 47 and other laws relative to the legislative branch of government.

SR 306. By Senators Broun of the 46th and Holloway of the 12th: A resolution creating the State Computers Study Committee.
SR 316. By Senator Kidd of the 25th: A resolution commending Mr. James C. Hogan and designating the Ingram Building at Central State Hospital as the "Ingram-Hogan Building".
SR 320. By Senators Hudgins of the 15th and Pearce of the 16th: A resolution authorizing the conveyance of certain State-owned real property located within Muscogee County to the City of Columbus;

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JOURNAL OF THE SENATE,

authorizing the sale and transfer of certain State-owned surplus per sonal property to the City of Columbus.

SR 324. By Senator McGill of the 24th:
A resolution authorizing the conveyance of certain State-owned real property located within Wilkes County to the City of Washington; authorizing the sale and transfer of certain State-owned surplus per sonal property to the City of Washington.

SR 329. By Senator Brown of the 47th:
A resolution authorizing the conveyance of certain State-owned real property located within Franklin County to the City of Royston; au thorizing the sale and transfer of certain State-owned surplus personal property to the City of Royston.

HB 405. By Representatives McKinney of the 35th, Sheats of the 28th, Scott of the 37th and others:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to authorize the sale of distilled spirits, malt beverages or wine during certain hours in certain establishments on Sundays in all municipalities in this State having populations of not less than 300,000.
HB 490. By Representative Miles of the 86th:
A bill to amend Section 92-3106 (a) of the Code of Georgia, relating to personal exemptions for income tax purposes, so as to provide for a more explicit explanation of the allowable personal exemptions.

HB 529. By Representative Knight of the 67th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to clarify the credit to be allowed for returned property; to provide a procedure for granting of such credit.

HB 1304. By Representative Pinkston of the 100th:
A bill to amend Code Section 41A-1305 relating to acceptances, so as to change the time within which the acceptance of drafts shall be permitted; to provide an effective date.

HB 1387. By Representative Adams of the 14th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine so as to provide that certain records pertaining to wine brands, shipments and sales shall be open to public inspection.

FRIDAY, FEBRUARY 13, 1976

907

HB 1388. By Representative Adams of the 14th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that certain records pertaining to distilled spirits brands, shipments and sales shall be open to public inspection.

HB 1389. By Representative Adams of the 14th:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages so as to provide that certain records pertaining to malt beverages brands, shipments and sales shall be open to public inspection.

HB 1544. By Representatives Egan of the 25th, Walker of the 115th, Lane of the 81st and others:
A bill to amend an Act entitled "An Act to authorize the investment or reinvestment from time to time of the proceeds of bonds issued by any county, municipality, school district or other political subdivision of this State"; to define the securities in whicfc such funds may be invested or reinvested.

HB 1562. By Representatives Carlisle of the 71st and Lambert of the 112th:
A bill to amend Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1976.

HB 1585. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965" so as to change the membership of the Board of Directors of the Authority.

HR 534. By Representative Cox of the 141st:
A resolution authorizing the conveyance of certain real property located in Decatur County.

HR 583. By Representatives Kreeger and Burruss of the 21st, Wilson of the 19th and others:
A resolution authorizing the lease of a certain tract of State-owned property.

Senator Gillis of the 20th asked unanimous consent that Senator McGill of the 24th be excused on February 12 and February 13 due to the death of his mother. The consent was granted.

908

JOURNAL OF THE SENATE,

The President designated Senators Gillis of the 20th and Fincher of the 54th to be the official representatives of the Senate at the funeral February 13 of Mrs. Lillian McGill, mother of Senator McGill of the 24th.

Senator Russell of the 10th introduced the doctor of the day, Dr. Bill Morton, of Cairo, Georgia.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher
Footer
Gillis
Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby
Pearce
Reynolds
Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren
Young

Those not answering to their names were Senators:

Bell Bond Dean of 31st

Garrard Hamilton of 26th McGill (excused)

Timmons

Senator Robinson of the 27th introduced the chaplain of the day, Dr. Alvin H. Brackett, pastor of Ingleside Baptist Church, Macon, Georgia, who offered scrip ture reading and prayer.
SENATE CALENDAR
Friday, February 13, 1976
SB 495. Fraudulent Documents--sale, use Placed on the Calendar for the purpose of entertaining a motion to disagree with the report of the committee that was adverse to the passage of the bill
SR 257. Court of Criminal Appeals--General Assembly create
SR 73. Public Service Commission--change terms of office
SR 298. Medicaid Claim Processing Study Committee--create (SUB)
HR 498. Dodge County--encourage economic development

FRIDAY, FEBRUARY 13, 1976

909

SB 46. Lung, Nerve, Heart Disease of Firemen--course of duty (SUB) SB 437. State Clinical Labs--not under Act controlling (AM) SB 489. Tendency in Common--survivorship between joint tenants (SUB) SB 497. Probate Court Judges--increased retirement benefits SB 512. Employees' Retirement System Board of Trustees--composition
(SUB) SB 513. Teachers' Retirement System Board of Trustees--composition
(SUB) SB 567. Local Option Income Tax--change referendum election provisions SB 581. Treatment Result of Motor Vehicle Accident--written reports SB 594. Motor Vehicle Farm Machinery, Construction, Franchises-revise
laws SB 595. General Assembly Members--no compensation for Saturday and
Sunday SR 266. Public Serv. Comm. Members--elect from comm. district for four
years
SR 268. Mclntosh County--condemnation of property by State (SUB) SR 318. Government Overview Committee--create (SUB) HB 300. Recount of Votes--legislator represent cert, multi-county districts HB 659. State Buildings Management Act of 1975--create HB 1230. Lightning Rods--repealing certain code chapters HB 1231. DeKalb County--repeal Act on tax collection study commission HB 1232. State Government Agencies--repeal Act on collection of fees HB 1233. Firms Lending Money on Salaries--fees HB 1234. Insurance Companies Furnishing Names of Agents--repeal Code HB 1235. Deputy Revenue Commissioners--repeal Code on duties HB 1236. Certain Sports Arenas--repeal maimed Conf. soldier tax
exemption HB 1237. Armed Forces Mbrs.--repeal exemption of cost of non returned
property HB 1238. Armed Forces Income Tax--repeal Act on abatement upon death HB 1239. Korean Veterans--time extension for filing income tax HB 1240. Motor Fuel Tax--repeal subsection on certain watercraft HB 1241. DeKalb-Fulton County--repeal alphabetical list tax digests HB 1245. Tax on Obscene Materials--additional exemptions HB 1316. International Banking Corporation--encourage making loans HB 1384. Purchaser at Judicial Sale--may tender certified check

910

JOURNAL OF THE SENATE,

HB 1403. Motor Vehicle Certificate of Title Act--bonds HR 464. Bingo--exempt from lottery provisions of Constitution (SUB) HR 497. James L. Gillis, Sr., Memorial Highway--designating

Senator McDowell of the 2nd moved that the Senate disagree to the report of the Committee on Consumer Affairs which was adverse to the passage of the following bill of the Senate:

SB 495. By Senator McDowell of the 2nd:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that it shall be unlawful to publish, print, sell, transport, distribute, or possess certain printed material.

The President stated that the question before the Senate was upon the agree ment to the report of the committee which was adverse to the passage of the bill.

On the motion, the yeas were 1, nays 31, and the committee report on SB 495 was disagreed to.

The following bill of the Senate was read the second time:

SB 495. By Senator McDowell of the 2nd:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that it shall be unlawful to publish, print, sell, transport, distribute, or possess certain printed material.

Senator Barnes of the 33rd moved that the following resolution of the Senate be postponed until Monday, February 16:

SR 257. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution, so as to autho rize the General Assembly to create a Court of Criminal Appeals and to change the jurisdiction of the Supreme Court and the Court of Appeals; to provide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SR 257 was postponed until Monday, February 16.

Senator Fincher of the 54th moved that the following resolution of the Senate be tabled:

FRIDAY, FEBRUARY 13, 1976

911

SR 298. By Senators Fincher of the 54th, Riley of the 1st, Lester of the 23rd and others:
A resolution creating the Medicaid Claim Processing Study Committee.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 298 was tabled.

The following resolution of the House, favorably reported by the committee, was i-ead the third time and put upon its adoption:

HR 498. By Representative Coleman of the 118th:
A resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employment and promote industry and commerce, by authorizing the governing au thority of Dodge County to provide for the exemption from all ad valorem taxation by such governing authority.

Senator McDuffie of the 19th moved that HR 498 be postponed until Monday, February 16.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HR 498 was postponed until Monday, February 16.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

The following general bills of the Senate, favorably reported by the commit tees were read the third time and put upon their passage:

SB 46. By Senator Kidd of the 25th:
A bill to provide for a presumption that the impairment of health by lung disease, hypertension or heart disease of firemen or fire fighters regularly employed by the State of Georgia, any county, city, municipal or other governmental agency in the State of Georgia shall be presumed to have occurred in the course of duty.

The Senate Committee on Industry, Labor and Tourism offered the following substitute to SB 46:
A BILL
To be entitled an Act to provide for a presumption that the impair ment of health by pulmonary disease or by cardiovascular disease of firemen or fire fighters regularly employed by the State of Georgia, any county, city, municipal or other governmental agency in the State of Georgia shall be presumed to have occurred, suffered or arisen out of

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JOURNAL OF THE SENATE,

and in the course of duty of such employees; to provide for requirements relative to leaving employment and for certain presumptions in connec
tion therewith; to provide for a declaration of intent; to provide an ef fective date; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. With respect to the State of Georgia or any municipal corporation or other political subdivision thereof that maintains a regular fire department manned by regular and full-time employees and that has established or hereafter establishes any form of compensation, other than workmen's compensation, to be paid to such firemen or fire fighters
for any condition or impairment of health which shall result in loss of life or personal injury in the line of duty or course of employment, there shall be and there is hereby established a presumption that any impair
ment of health of such firemen caused by pulmonary disease or by cardiovascular disease resulting in hospitalization, medical treatment or any disability shall be presumed (unless the contrary be shown by com petent medical evidence) to have occurred or to be due to accidental injury suffered in the course of employment. Any such condition or
impairment of health which results in death shall be presumed (unless the contrary be shown by competent medical evidence) to be a loss of life in the line of duty and to have been in the line and course of employ ment and in the actual discharge of the duties of his position or the
sustaining of personal injuries by external and violent means or by accident in the course of employment and in the line of duty; provided, however, that any such fireman shall have successfully passed a physical examination prior to such claimed disability, or upon entering upon his governmental employment such examination failed to reveal any evidence of the condition or pulmonary disease or cardiovascular disease.

Section 2. When any fireman subject to the provisions of this Act leaves his employment for any reason, the presumption provided for herein shall be removed unless such fireman, within 30 days after leaving such employment, takes a physical examination, and such physical examination reveals evidence of the condition of pulmonary disease or cardiovascular disease. If any such fireman who leaves his employment fails to take a physical examination within the time limit provided herein and if such fireman subsequently shows evidence of pulmonary or cardiovascular disease, there shall be a presumption (un less the contrary be shown by competent medical evidence) that such disease or condition is not related to or caused by his previous employ ment with the State, municipality or other political subdivision.

Section 3. It is hereby declared to be the legislative intent that this Act is to be remedial in character and to permit and require any mun icipal corporation maintaining any permanent fire department hereto fore created or created after the effective date of this Act to be covered
by its provisions.

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

FRIDAY, FEBRUARY 13, 1976

913

Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, 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 hereby 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 un constitutional.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers
Tate Thompson Timmons Traylor Turner Tysinger Warren
Young

Those not voting were Senators:

Dean of 31st Gillis Holloway (presiding)

Hudgins McGill (excused) Pearce

Russell Starr Button

On the passage of the bill, the yeas were 47, nays 0.

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

914

JOURNAL OF THE SENATE,

SB 437. By Senators Lester of the 23rd, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend an Act providing for the control and operation of clinical laboratories, as amended, so as to provide that the provisions of this Act shall not apply to clinical laboratories operated by the State of Georgia.

The Senate Committee on Human Resources offered the following amend ment:
Amend SB 437 by striking the words "State of Georgia" on Page 1, line 9, in their entirety and inserting in lieu thereof the following:
"University of Georgia School of Medicine";
and
by striking the words "the State of Georgia or" on Page 1, line 23, in their entirety and inserting in lieu thereof the following:
"the University of Georgia School of Medicine or".

Senator Lester of the 23rd offered the following amendment:
Amend the amendment offered by the Committee on Human Re sources to SB 437 by striking the words; "University of Georgia School of Medicine," and inserting in lieu thereof the words: "The Medical College of Georgia".

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment offered by Senator Lester of the 23rd to the committee amendment was adopted.

On the adoption of the committee amendment, the yeas were 37, nays 0, and the committee amendment was adopted as amended.

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, a roll call was taken, and the vote was as follows'

Those voting in the affirmative were Senators:

Ballard Broun of 46th
Brown of 47th Doss

Duncan Fincher
Foster Gillis

Holley Kennedy
Kidd Lester

FRIDAY, FEBRUARY 13, 1976

915

Lewis McDowell McDuffie Overby

Reynolds Riley Starr

Summers Button Traylor

Those voting in the negative were Senators:

Banks Barker Barnes Bell Bond Brantley Carter Coverdell Eldridge

Garrard Hamilton of 26th Hamilton of 34th Hill Howard Langford Robinson Russell Shapard

Stephens Stumbaugh Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Dean of 31st Holloway (presiding)

Hudgins Hudson McGill (excused)

Pearee Tate

On the passage of the bill, the yeas were 22, nays 26.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Lester of the 23rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 437.

SB 489. By Senators Warren of the 43rd, Howard of the 42nd, Coverdell of the 40th and others:
A bill to amend Code Chapter 85-10, relative to tenancy in common, as amended, so as to provide for right of survivorship between joint tenants; to change the provisions relative to tenancies in common.

The Senate Committee on Judiciary offered the following substitute to SB 489:
A BILL
To be entitled an Act to amend Code Chapter 85-10, relative to tenancy in common, as amended, so as to provide for right of survivor ship between joint tenants under certain conditions; to change the provisions relative to tenancies in common; to provide exceptions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 85-10, relative to tenancy in common, as amended, is hereby amended by striking Code Section 85-1001 in its entirety and inserting in lieu thereof a new Code Section 85-1001 to read as follows:

"85-1001. Definition. Inequality of shares, effect of.--Except as otherwise provided in Code Section 22-5107, relative to joint tenancy of shares and securities of corporations, and in Code Section 41A-1603, relative to joint deposits, wherever two or more persons, from any cause, are entitled to the possession, simultaneously, of any property, a tenancy in common is created, unless the document or instrument provides otherwise. Tenants in common may have un equal shares; they will be held to be equal unless the contrary ap pears. The fact of inequality shall not give the person holding the greater interest any privileges, as to possession, superior to the person owning a lesser interest, as long as the tenancy continues."

Section 2. Said Act is further amended by striking Code Section 85-1002 in its entirety and inserting in lieu thereof a new Code Section 85-1002 to read as follows:

"85-1002. Tenancy in common; joint tenants.--Deeds and other instruments of title, including any in which one person conveys to himself and one or more other persons, any in which two or more persons convey to themselves, or to themselves and another or others, and wills, taking effect after January 1, 1977, may create a joint interest with survivorship in two or more persons. Any in strument of title in favor of two or more persons shall be construed to create interests in common without survivorship between or among the owners unless the instrument expressly refers to the takers as 'Joint tenants', 'joint tenants and not as tenants in com mon', or 'joint tenants with survivorship', or as taking 'jointly with survivorship.' Any instrument using one of the forms of expression referred to in the preceding sentence, or language essentially the same as one of these forms of expression, shall create a joint tenancy estate or interest that may be severed as to the interest of any owner by his lifetime transfer of all or a part of his interest.
The provisions of this Section shall in no way affect, repeal or be applicable to the provisions of Code Section 22-5107, relative to joint tenancy of shares and securities of corporations, and Code Section 41A-1603, relative to joint deposits."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

FRIDAY, FEBRUARY 13, 1976

917

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Lewis McDowell McDuffie Overby

Pearce Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Hill Langford

Lester

Revnolds

Those not voting were Senators:

Holley Holloway (presiding)

McGill (excused) Robinson

Thompson Timmons

On the passage of the bill, the yeas were 46, nays 4.

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

SB 497. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), as amended, so as to provide for additional increased retirement benefits.

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The following fiscal note, as required by law, was read by the Secretary:

MARTIN E. SEGAL COMPANY 229 Peachtree Street, N.E. Atlanta, Georgia 30303

February 3, 1976

Board of Commissioners Probate Judges' Retirement Fund
of Georgia Dalton, Georgia 30720

Gentlemen:

Re: LEGISLATIVE PROPOSAL DESIGNATED AS LC 9 1592 SB 497

This is to certify that we have made an actuarial valuation of the Retirement Fund as of June 30, 1975; that we have found it to be in sound actuarial condition; that we have examined the potential effect of the above described legislative proposal on the Retirement Fund; that we have determined that the above described legislative proposal, if adopted, would not render the Retirement Fund actuarially unsound; and that the above described legislative proposal, if adopted, would not require any increase in the dues or other rates of contribution to the Retirement Fund as set forth in current law.

Very truly yours,
MARTIN E. SEGAL COMPANY
/s/ Robert C. Ochsner Robert C. Ochsner, A.S.A., M.A.A.A. Vice President and Actuary

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond
Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss
Duncan Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th
Hill Howard

Hudgins Kennedy Kidd Langford Lester Lewis McDuffie Overby Pearce

FRIDAY, FEBRUARY 13, 1976

919

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting- were Senators:

Holley Holloway (presiding)

Hudson McDowell

McGill (excused) Timmons

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Gillis of the 20th moved that the following resolution of the Senate be committed to the Committee on Natural Resources and Environmental Quality:

SR 268. By Senator Traylor of the 3rd:
A resolution proposing an amendment to the Constitution so as to pro hibit the State of Georgia from condemning or purchasing property in Mclntosh County which results in a decrease in the county tax digest without the written approval of the governing authority of Mclntosh County.

On the motion, the yeas were 38, nays 1; the motion prevailed, and SR 268 was committed to the Committee on Natural Resources and Environmental Quality.

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 512. By Senators Coverdell of the 40th, Howard of the 42nd and Garrard of the 37th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to the composition of the Board of Trustees of said System; to change the provisions relative to the selection of a chairman of the Board of Trust ees.

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The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

February 3, 1976

SUBJECT: Fiscal Note--Senate Bill 512 Employees' Retirement System

This bill changes the Board of Trustees by removing the State Auditor, the State Insurance Commissioner and the present member who is the Board's financial advisor.

The bill does not change membership benefit payment plans or con tributions.

Any actuarial or financial effect of this bill would depend on policies adopted by a new Board.

/s/ Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, State Planning & Budget Officer

The Senate Committee on Retirement offered the following substitute to SB 512:
A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the provisions relative to the reports to be published by the Board of Trustees and the distribution of such reports; 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 GEOR GIA:
Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as

FRIDAY, FEBRUARY 13, 197G

921

amended, is hereby amended by inserting after subsection (11) of Sec tion 6 a new subsection (11 A) which shall read as follows:

"(11 A). In addition to the report provided for in subsection (11) of this section, the Board of Trustees shall also make an annual report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairmen of the Standing Committees on Retirement of the Senate and the House of Represen tatives. This report shall contain, but is not limited to, the followingmatters :

(a) Personnel. (1) The names of each person employed by the Board of Trustees for the Employees' Retirement System of Geor gia in a full-time capacity and the compensation and travel and ex pense reimbursement paid to such person. (2) The names and em ployers' names of each person employed in a part-time capacity, the reason for such employment, and the amount of compensation and reimbursement paid to such person. Where a contract for services is entered into with another employer, the report shall include a copy of such contract, the amounts actually paid and the persons actually paid in pursuance of the contract. (3) The names of per sons who serve on the investment committee of the Board of Trust ees and those of any other persons who act in a advisory capacity respecting investments. (4) The amounts paid for travel and ex penses of trustees and other persons and the names of the persons so paid.

(b) Real Estate Loans. As to each loan, the grantor of any security interest in real property and the address of such grantor; the principals (that is, the name of each owner of more than 5 f/r of the total equity of the corporation, partnership, joint venture, trust or other business entity which is the grantor of the security interest in real property) and their addresses; the amount of the loan; the interest rate; the location and a brief description of the property which will stand as security for the loan; the identity and address of any third party guarantor or security; the date of the first pay ment; the term of the loan; the appraised value of the real property standing as security for the loan; the loan to value ratio; the name of the appraiser; a description of the loan, including- all information considered by the investment committee in making the loan; the name of the person who initially contacted the retirement system to apply for the loan; the status of each loan; whether or not the loan is personally endorsed by the principals or is endorsed by a corporation; and, the lender on the construction loan.

(c) Investments. The earnings from all sources, indicating as individual items the aggregate from real estate loans, from com missions and preferred stocks, from corporate bonds and from other investments; the amount of fees, commissions, and other payments made to persons other than full-time employees for technical assis tance, advice, or in connection with investment transactions; the average daily balance of cash on deposit in each bank or other fi nancial institution, with the identity of such bank or financial insti tution; a listing of all investments and the value thereof at the

922

JOURNAL OF THE SENATE,

time of the report; the gross assets of the fund; and, the net assets of the fund."

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 hereby repealed.

On the adoption of the substitute, the yeas were 41, nays 0, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis Overby Pearce

Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Voting in the negative were Senators McDuffie and Starr.

Those not voting were Senators:

Dean of 6th Fincher Hill Holley

Holloway (presiding) McDowell McGill (excused)

Russell Timmons Young

On the passage of the bill, the yeas were 44, nays 2.

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

FRIDAY, FEBRUARY 13, 1976

923

SB 513. By Senators Coverdell of the 40th, Howard of the 42nd and Garrard of the 37th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to the composition of the Board of Trustees of said system; to change the provisions relative to the filling of vacancies in the office of a trustee.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM 254 Washington Street, S.W. Atlanta, Georgia 30334

January 22, 1976

MEMORANDUM

TO:

Mr. Ernest B. Davis, State Auditor

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: Senate Bill 513

This bill strikes the present section of the Teacher Retirement law which pertains to the members of the Board of Trustees and substitutes a new section.

The bill changes the Board of Trustees in several ways:
1. It changes the total number of members from ten to nine.
2. It removes the State Auditor, the State Insurance Commissioner and the present member who is the financial advisor to the Board.
3. It provides that the Governor shall appoint three members of the Board and the Governor would select a member to serve as the Chair-

I feel that the actuarial and financial effect of this bill would de pend upon the policies adopted by the Board of Trustees created by this bill.

The Senate Committee on Retirement offered the following substitute to SB 513:
A BILL
To be entitled an Act to amend an Act establishing the Teachers' Re tirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 4, 1964 (Ga. Laws 1964, p. 219), an Act approved March 3, 1965 (Ga. Laws 1965, p. 112), an Act approved March 29, 1971 (Ga. Laws 1971, p. 226), an Act approved April 17, 1975 (Ga. Laws 1975, p. 495), and an Act ap-

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JOURNAL OF THE SENATE,

proved April 28, 1975 (Ga. Laws 1975, p. 1637), to change the provisions relative to the reports to be published by the Board of Trustees and the distribution of such reports; 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 GEOR GIA:

Section 1. An Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 4, 1964 (Ga. Laws 1964, p. 219), an Act approved March 3, 1965 (Ga. Laws 1965, p. 112), an Act approved March 29, 1971 (Ga. Laws 1971, p. 226), an Act ap proved April 17, 1975 (Ga. Laws 1975, p. 495), and an Act approved April 28, 1975 (Ga. Laws 1975, p. 1637), is hereby amended by inserting after subsection (10) of Section 6 a new subsection (10A) which shall read as follows:

"(10A) In addition to the report provided for in subsection (10) of this Section, the Board of Trustees shall also make an an nual report to the governor, the President of the Senate, the Speaker of the House of Representatives, and the chairmen of the StandingCommittees on Retirement of the Senate and the House of Represen tatives. This report shall contain, but is not limited to, the following matters:

(a) Personnel. (1) The names of each person employed by the Board of Trustees for the Teachers' Retirement System of Georgia in a full-time capacity and the compensation and travel and expense reimbursement paid to such person. (2) The names and employers' names of each person employed in a part-time capacity, the reason for such employment, and the amount of compensation and reim bursement paid to such person. Where a contract for services is entered into with another employer, the report shall include a copy of such contract, the amounts actually paid and the persons actually paid in pursuance of the contract. (3) The names of persons who serve on the investment committee of the Board of Trustees and those of any other persons who act in an advisory capacity respect ing investments. (4) The amounts paid for travel and expenses of trustees and other persons and the names of the persons so paid.

(b) Real Estate Loans. As to each loan, the grantor of any security interest in real property and the address of such grantor; the principals (that is, the name of each owner of more than ?>'/, of the total equity of the corporation, partnership, joint venture, trust or other business entity which is the grantor of the security interest in real property) and other addresses; the amount of the loan; the interest rate; the location and a brief description of the property which will stand as security for the loan; the identity and address of any third party guarantor or security; the date of the first payment; the term of the loan; the appraised value of the real property standing as security for the loan; the loan to value ratio; the name of the appraiser; a description of the loan, including all information considered by the investment committee in making

FRIDAY, FEBRUARY 13, 1976

925

the loan; the name of the person who initially contacted the retire ment system to apply for the loan; the status of each loan; whether or not the loan is personally endorsed by the principals or is en dorsed by a corporation; and, the lender on the construction loan.

(c) Investments. The earnings from all sources, indicating as individual items the aggregate from real estate loans, from com missions and preferred stocks, from corporate bonds and from other investments; the amount of fees, commissions, and other payments made to persons other than full-time employees for technical assis tance, advice, or in connection with investment transactions; the average daily balance of cash on deposit in each bank or other fi nancial institution, with the identity of such bank or financial insti tution; a listing of all investments and the value thereof at the time of the report; the gross assets of the fund; and, the net assets of the fund."

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 hereby repealed.

On the adoption of the substitute, the yeas were 29, nays 2, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge
Foster

Garrard Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie Overby Pearce
Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren
Young-

Voting; in the negative was Senator Hamilton of 34th.

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Dean of 6th Dean of 31st Fincher Gillis

Holley Holloway (presiding) McDowell

McGill (excused) Russell Timmons

On the passage of the bill, the yeas were 45, nays 1.

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

SB 567. By Senator Duncan of the 30th:
A bill to amend an Act authorizing counties and certain municipalities to levy a local income tax under certain conditions, so as to change the provisions relative to the referendum election to authorize the levy of such tax; 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Langford Lester Lewis Overby Pearce Reynolds Rilev

Those voting in the negative were Senators:

Ballard Barnes Broun of 46th Dean of 6th

Hudgins Hudson Kennedy

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Warren Young
Kidd Robinson Travlor

Those not voting were Senators:

Banks Holley Holloway (presiding)

Howard McDowell McDuffie

McGill (excused) Russell Timmons

FRIDAY, FEBRUARY 13, 1976

927

On the passage of the bill, the yeas were 37, nays 10.

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

Senator Hudson of the 35th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 567.

SB 581. By Senator Pearce of the 16th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to provide for the furnishing of written reports relating to medical conditions and treatments; to pro vide for the inspection and copying of certain records.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Fincher
Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins
Hudson Kennedy Kidd Langford
Lester Lewis McDowell McDuffie
Ovcrby

Pearce Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton
Tate Thompson Turner Tysinger Warren

Those not voting were Senators:

Ballard Coverdell Duncan Garrard

Holley Holloway (presiding) McGill (excused) Russell

Starr Timmons Traylor Young

On the passage of the bill, the yeas were 44, nays 0.

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

Senator Pearce of the 16th moved that SB 581 be immediately transmitted to the House.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 32, nays 1; the motion prevailed and SB 581 was immediately transmitted to the House.

SB 595. By Senator Dean of the 6th:
A bill to amend Code Section 47-107, relative to salary and allowances of members of the General Assembly, as amended, so as to provide that members of the General Assembly shall not be compensated for Saturdays and Sundays which fall during regular and special sessions unless their respective Houses are meeting in chambers on such days, a quorum is present and official business transpires.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Bond
Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce

Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Barker Duncan

Holley Holloway (presiding) McGill (Excused

Russell Starr Timmons

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Dean of the 6th moved that SB 595 be immediately transmitted to the House.

FRIDAY, FEBRUARY 13, 1976

929

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 595 was immediately transmitted to the House.

The following communication from His Excellency, Governor George Busbee, was read by the Secretary:
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334
February 13,1976
Honorable Zell Miller Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lt. Gov. Miller and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation :
Honorable Edward D. Dunn of DeKalb County as Commissioner of Banking and Finance for the term of office beginning February 10, 1976, and ending January 20, 1980.
Honorable James F. Smith of Bartow County as a member of the State Board of Education for the term of office beginning February 11, 1976, and ending January 1, 1983.
Mrs. Saralyn B. Oberdorfer of Fulton County as a member of the State Board of Education for the term of office beginning February 11, 1976, and ending January 1, 1983.
Honorable A. J. McClung of Muscogee County as a member of the State Board of Education for the term of office beginning February 11, 1976, and ending January 1, 1983.
Honorable Thomas K. Vann, Jr. of Thomas County as a member of the State Board of Education for the term of office beginning February 11, 1976, and ending January 1, 1983.
Honorable Sam Gofer of Glynn County as a member of the Board of Natural Resources for the term of office beginning February 12, 1976, and ending January 1, 1983.
Sincerely,
/s/ George Busbee George Busbee
The President resumed the Chair.

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JOURNAL OF THE SENATE,

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 300. By Representatives Burruss and Kreeger of the 21st: Senate Sponsor: Senator Thompson of the 32nd.
A bill to amend Code Section 34-1505, relating to recount or recanvass of votes, so as to provide procedures for requesting a recount or recanvass of votes cast for a member of the General Assembly who repre sents certain multi-county districts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 74th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Lester McDowell McDuffie Overby Pearce Reynolds

Those not voting were Senators:

Ballard Brantley Duncan Hamilton of 34th

Holley Holloway (presiding) Langford Lewis

Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
McGill (excused) Russell Starr Timmons

On the passage of the bill, the yeas were 44, nays 0.

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

HB 659. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others: Senate Sponsor: Senator Broun of the 46th.
A bill to provide for the management of the utilization of certain types of real property by the various agencies of the executive branch of the

FRIDAY, FEBRUARY 13, 1976

931

State government; to provide for a short title ("State Buildings Manage ment Act of 1975") ; to provide for certain powers and duties of the Department of Administrative Services and for the Commissioner of said Department.

Senator Kidd of the 25th offered the following amendment: Amend HB 659 by adding between lines 14 and 15 of Page 4 a new
paragraph (17), to read as follows:
"(17) All real properties under the jurisdiction of the Georgia Building Authority.".
By striking from line 31 of Page 4 the following:
"the Georgia Building Authority or from".

On the adoption of the amendment, the yeas were 38, nays 1, and the amend ment was adopted.

Senator Kidd of the 25th offered the following amendment:
Amend HB 659 by striking from line 34 on Page 3, and line 1 thru 4 of Page 4, section 2(b) (13) in its entirety; and inserting a new section 2(b) (13) on line 34 of Page 3 to read as follows:
"(13) Space in buildings located on and used in direct support of vocational-technical education schools, schools for the deaf, blind, or other handicapped, the Educational Television Network, public, audiovisual media, and other libraries including those for the phys ically handicapped, the State Agency for Surplus Property, and other space under the jurisdiction of the State Board of Education."

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge Fincher Foster Hamilton of 26th

932
Hill Holloway Howard Kennedy Kidd Lester Lewis McDowell McDuffie

JOURNAL OP THE SENATE,

Overby Reynolds Riley . Robinson Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Garrard Gillis Hamilton of 34th

Holley Hudgins Hudson Langford

McGill (excused)
Pearce Russell

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1230. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal Code Chapter 84-18, relating to lightning rods, taxes assessed upon their installation, and contracts to sell lightning rods; to repeal Code Section 84-9928 relating to criminal penalties invoked for violation of the provisions of Code Chapter 84-18.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Eldridge Fincher Foster Garrard Gillis Hill Holloway Howard Kennedy Kidd Lester

Lewis McDowell McDuffie Overby Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton

FRIDAY, FEBRUARY 13, 1976

933

Tate Thompson Timmons

Traylor Turner Tysinger

Warren Young

Those not voting were Senators:

Bond Duncan Hamilton of 26th Hamilton of 34th

Holley Hudgins Hudson Langford

McGill (excused) Pearce Russell Starr

On the passage of the bill, the yeas were 44, nays 0.

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

HB 1231. By Representatives Russell of the 64th, Collins of the 144th, Harris the 8th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act entitled "An Act to create in any county having a population of 250,000 and not more than 500,000 according to the U.S. census of 1960 or any future U.S. census, a tax collection study com mission to study the collection and assessment of State and county taxes and municipal taxes of cities lying wholly in such county".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47tb Carter Dean of 6th Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Reynolds Robinson

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

934

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bell Bond Coverdell Dean of 31st Fincher

Hamilton of 34th Holley Holloway Hudgins Hudson

McGill (excused) Pearce Riley Russell

On the passage of the bill, the yeas were 42, nays 0.

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

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

HB 1232. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal Code Chapter 92-36, relating to the collection and pay ment of moneys, fees, commissions, penalties, and other charges by State departments, commissions, bureaus, and other branches and agencies of State government for the purpose of supporting and maintaining such governmental entities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

FRIDAY, FEBRUARY 13, 1976

935

Those not voting were Senators:

Banks Bond Dean of 31st Hamilton of 34th

Holley Holloway (presiding) Hudgins

Hudson McGill (excused) Russell

On the passage of the bill, the yeas were 46, nays 0.

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

HB 1233. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal Code Section 92-2010, relating to the assessment of a fee on all persons, firms, corporations, or partnerships buying salary or wage accounts or lending money upon same, as amended by Para graph 91 of Section 2 of an Act approved' March 28, 1935.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Howard Kennedy Kidd Langford Lester Lewis McDuffie Overby Pearce Robinson

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Banks Bond Hamilton of 34th Holley

Holloway (presiding) Hudgins Hudson McDowell

McGill (excused) Reynolds Riley Russell

936

JOURNAL OP THE SENATE,

On the passage of the bill, the yeas were 43, nays 1.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:

HB 164. By Representatives Jones of the 126th, Hudson of the 137th, Fraser of the 139th and others:
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails.
The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 1234. By Representatives Russell of the 64th, Collins of the 144th, Harris of and 8th and others: Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal Code Section 92-5905, relating to the requirements of in surance companies doing business within the State to furnish names of agents to the Comptroller General in making required returns.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Garrard Gillis Hamilton of 26th Hill Howard Hudgins Hudson

Kennedy Kidd Lester Lewis McDuffie Overby Pearce Reynolds Robinson Russell

FRIDAY, FEBRUARY 13, 1976

937

Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor

Turner Tysinger Warren Young

Voting in the negative were Senators Ballard and Barnes.

Those not voting were Senators:

Banks Brantley Foster Hamilton of 34th

Holley Holloway (presiding) Langford

McDowell McGill (excused) Riley

On the passage of the bill, the yeas were 44, nays 2.

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

HB 1235. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others: Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal Code Section 92-5802, relating to the duties of the deputy revenue commissioners appointed under Code Section 92-4507.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 31st Doss Eldridge

Fincher Foster Garrard Hamilton of 26th Howard Hudson Kennedy Kidd Lester Lewis McDuffie Reynolds Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

938

JOURNAL OF THE SENATE,

Those not voting were Senators:

Dean of 6th Duncan Gillis Hamilton of 34th Hill

Holley Holloway (presiding) Hudgins Langf ord McDowell

McGill (excused) Overby Pearce Riley

On the passage of the bill, the yeas were 42, 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 House action thereto:

HB 164. By Representatives Jones of the 126th, Hudson of the 137th, Fraser of the 139th and others: A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails.
Senator Kennedy of the 4th moved that the Senate recede from the Senate amendment to HB 164.
On the motion, the yeas were 36, nays 1; the motion prevailed, and the Senate receded from its amendment to HB 164.
The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 1236. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others: Senate Sponsor: Senator Lester of the 23rd. A bill to repeal Code Section 92-603, relating to the granting of an exemption from any special taxes to every park or place where certain athletic and sporting events are held under a charge of admission whenever the proprietor or owner is a maimed or disabled Confederate soldier.
Th report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 13, 1976

939

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th
Carter Dean of 6th Doss Eldridge Fincher

Foster Garrard Gillis Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

Pearce Reynolds Shapard Starr Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Barnes Dean of 31st Duncan

Hamilton of 26th Hill Hudgins

Robinson Sutton Young

Those not voting were Senators:

Coverdell Hamilton of 34th Holley

Holloway (presiding) McGill (excused) Riley

Russell Tate

On the passage of the bill, the yeas were 39, nays 9.

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

HB 1237. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others: Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal an Act entitled "An Act to provide an exemption for members of the armed forces from the payment of any penalties, costs, interests or other fees assessed for failure to return real or personal property or to pay the tax on same; to provide for method of exemp tion".
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

940

JOURNAL OF THE SENATE,

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hill

Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Reynolds

Robinson Starr Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Hamilton of 34th Holley Holloway (presiding)

McGill (excused) Pearce Riley Russell

Shapard Tate Timmons

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1238. -By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal an Act entitled "An Act for the abatement of all income taxes for members of the armed forces upon death; and for other purposes", as amended; to repeal an Act providing for income tax deductions, exemptions and extensions for men and women serving in the armed forces of the U. S. during World War II.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Hamilton of 26th

Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis

FRIDAY, FEBRUARY 13, 1976

941

McDowell McDuffie Overby Reynolds Robinson Starr

Stephens Stumbaugh Summers Sutton Thompson Timmons

Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Duncan Gillis Hamilton of 34th

Holley Holloway (presiding) McGill (excused) Pearce

Riley Russell Shapard Tate

On the passage of the bill, the yeas were 44, nays 0.

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

HB 1239. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others: Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal an Act entitled "An Act to grant extensions of time for the filing of income tax returns by returning Korean veterans; to provide that no interest shall accrue during such time".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Fincher Foster Garrard Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

Pearce Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

942

JOURNAL OF THE SENATE,

Those not voting were Senators:

Duncan Gillis Hamilton of 34th Holley

Holloway (presiding) Hudgins McGill (excused) Reynolds

Riley Russell Tate

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1240. By Representatives Russell of the 64th, Coiling of the 144th, Harris of the 8th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax Law", as amended, so as to repeal subsection (j), relating to taxa tion of motor fuel used in the operation of watercraft upon certain waters.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Foster Garrard

Hamilton of 26th Hamilton of 34th Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce

Reynolds Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Voting in the negative were Senators Dean of the 6th and Eldridge.

Those not voting were Senators:

Banks Duncan

Fincher Gillis

Hill Holley

FRIDAY, FEBRUARY 13, 1976

943

Holloway (presiding) Hudgins McGill (excused)

Riley Robinson Russell

Shapard Warren

On the passage of the bill, the yeas were 40, nays 2.

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

The President resumed the Chair.

HB 1241. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal an Act entitled "An Act to require the tax-receivers in all counties in this State having a population of 200,000 inhabitants or more by the U.S. census of 1930, or any future U.S. census, to list in the white, and colored tax digests respectively the names of the taxpayers in continuous alphabetical order without segregation by militia districts or other local subdivisions".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss
Eldridge

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holloway Howard Kennedy Kidd Lester Lewis McDowell McDuffie Overby

Those not voting were Senators:

Duncan Fincher Gillis Holley Hudgins

Hudson Langford McGill (excused) Riley

Pearce Reynolds Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
Robinson Russell Shapard Young

944

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 43, nays 0.

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

HB 1245. By Representatives Russell of the 64th, Collins of the 144th, Harris of the 8th and others: Senate Sponsor: Senator Lester of the 23rd.
A bill to repeal an Act entitled "An Act to impose a tax on obscene materials; to define terms; to repeal conflicting laws; and for other purposes.", approved March 20, 1970.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Foster Garrard Hamilton of 26th

Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell McDuffie Overby Pearce Reynolds

Riley Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators :

Barnes Dean of 6th

Doss Eldridge

Langford Summers

Those not voting were Senators:

Duncan Fincher Gillis

Holley Hudgins McGill (excused)

Robinson Russell Shapard

On the passage of the bill, the yeas were 41, nays 6.

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

FRIDAY, FEBRUARY 13, 1976

945

HB 1316. By Representatives Lambert of the 112th and Carlisle of the 71st: Senate Sponsor: Senator Lester of the 23rd.
A bill to amend Code Section 41A-3307, relating to the licensing and permissible activities of international banking corporations, so as to encourage international banking corporations to make loans in this State.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan

Eldridge Foster Garrard Hamilton of 34th Hill Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce

Those not voting were Senators:

Fincher Gillis
Hamilton of 26th Holley

Holloway Hudgins Hudson McGill (excused)

Reynolds Riley Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young
Russell Shapard Warren

On the passage of the bill, the yeas were 45, nays 0.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its substitute and has appointed a Committee of Con ference on the part of the House to confer with a like committee on the part of the Senate on the following bill on the Senate:

946

JOURNAL OF THE SENATE,

SB 144. By Senator Banks of the 17th, Ballard of the 45th, Lewis of the 21st and Banks of the 33rd:
A bill relating to criminal procedure, as amended, so as to provide for discovery and inspection in criminal cases; to provide for orders.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Snow of the 1st, Hatcher of the 131st and Walker of the 115th.

The following bills and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1403. By Representatives Smith of the 78th and Hutchinson of the 133rd:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, so as to change the provisions relative to bonds.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Fincher Garrard

Gillis Holley

McGill (excused) Russell

FRIDAY, FEBRUARY 13, 1976

947

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1384. By Representatives Games of the 43rd, Marcus of the 26th, Brown of the 34th and others:
A bill to provide that purchasers at judicial sales need not tender cash, but, as an alternative, may tender a cashier's or certified check which is drawn for the amount of the purchase price and which is issued by or certified by any financial institution insured by the Federal Deposit Insurance Corp. or the Federal Savings and Loan Insurance Corp.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Foster

Garrard Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce

Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Dean of 6th Fincher Gillis

Holley Hudson McGill (excused)

Russell Starr Young

On the passage of the bill, the yeas were 47, nays 0.

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

948

JOURNAL OF THE SENATE,

HE 497. By Representatives Nessmith of the 82nd, Murphy of the 18th, Lane of the 81st and others: Senate Sponsor: Senator Kennedy of the 4th.
A resolution authorizing and directing the State Department of Trans portation to designate Interstate Highway 16 from Macon to Savannah, Georgia, as the James L. Gillis, Sr. 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce

Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Fincher Gillis Holley

Hudgins Hudson McGill (excused)

Russell Starr

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor George Busbee, in a communication to the Senate on February 2, 1976, which is included in the journal of February 2.

Senator Kidd of the 25th moved that the reading of the appointments be dispensed with since they had been printed and distributed by the Secretary

FRIDAY, FEBRUARY 13, 1976

949

to each Senator and that one roll call suffice on all appointments unless any Senator designated any appointee be deleted from the list and voted on individually.

On the motion, the yeas were 46, nays 0; the motion prevailed, and the reading of the appointments was dispensed with.

No Senator requested that a confirmation be voted on separately.

The Committee on Higher Education submitted the following reports which were read by the Secretary:
THE STATE SENATE Atlanta, Georgia 30334
February 12, 1976
Honorable Hamilton McWhorter, Jr. Secretary of Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Committee on Higher Education met on February 11, 1976, to consider the Governor's appointees to the Board of Regents.
The Senate Committee on Higher Education voted unanimously to recommend the confirmation of Mr. Erwin A. Friedman of Savannah as a member of the Board of Regents for a term beginning January 8, 1&76 to January 1, 1983.
Sincerely yours,
Is/ Sam W. Doss, Jr. Chairman Higher Education Committee

THE STATE SENATE Atlanta, Georgia 30334
February 12, 1976
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 3033'4
Dear Mr. McWhorter:
The Committee on Higher Education met on February 11, 1976, to consider the Governor's appointees to the Board of Regents.

950

JOURNAL OF THE SENATE,

The Senate Committee on Higher Education voted unanimously to recommend the confirmation of Mr. Rufus B. Goody of Vienna as a member of the Board of Regents for a term beginning January 8, 1976, and ending January 1, 1983.

Sincerely yours,
/s/ Sam W. Doss, Jr. Chairman Higher Education Committee

The President stated that one roll call would be taken on all appointments listed in the hereinabove mentioned communication from His Excellency, Governor George Busbee.

The President ordered a roll call on all appointments, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Reynolds Riley

Those not voting were Senators:

Ballard Brantley Fincher Gillis

Holley Hudgins McGill (excused)

Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Pearce Russell Starr

On the confirmation of the appointees, the yeas were 46, nays 0, and all of the appointments were confirmed.

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor George Busbee:

FRIDAY, FEBRUARY 13, 1976

951

OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334

February 13, 1976

Honorable George Busbee Governor State Capitol Atlanta, Georgia
Dear Governor:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 2, 1976, were acted upon by the Georgia State Senate in session on February 13, 1976, with the following results:
Honorable Bert C. Blackstock of Upson County as a member of the Advisory Council to the Department of Administrative Services, Pur chasing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable John P. Dillard of Rabun County as a member of the Advisory Council to the Department of Administrative Services, Pur chasing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Wendell P. Holmes of Glynn County as a member of the Advisory Council to the Department of Administrative Services, Purchas ing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Bobby Joe Womack of Bartow County as a member of the Advisory Council to the Department of Administrative Services, Pur chasing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Edward Enous of Fulton County as a member of the Advisory Council to the Department of Administrative Services, Pur chasing and Supplies Division, for the term of office beginning August 19, 1975, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable N. A. Jacobs, Jr. of Hall County as a member of the State Board for Examination, Qualification and Registration of Archi-

952

JOURNAL OF THE SENATE,

tects for the term of office beginning August 19, 1975, and ending March 5, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Joe Ellis of Hall County as a member of the Georgia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1976. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Roy H. Holland of Laurens County as a member of the Georgia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1977. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Ben G. Hudson, Jr. of Bibb County as a member of the Georgia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable John L. Gross of Floyd County as a member of the Georgia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Lynn Dempsey of Floyd County as a member of the Georgia Auctioneers Commission for the term of office beginning August 14, 1975, and ending August 14, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Eugene E. Sparlin of Fulton County as a member of the Geor gia Board of Chiropractic Examiners for the term of office beginning October 2, 1975, and ending August 20, 1977. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

Dr. Deane Mink of Lowndes County as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning Octo ber 2, 1975, and ending August 20, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Hobby Stripling of Dooly County as a member of the State Commission on Compensation for the term of office beginning Octo ber 2, 1975, and ending May 11, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Jim Wood of Clayton County as a member of the State Commission on Compensation for the term of office beginning October 2,
1975, and ending May 11, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable James H. Blanchard of Muscogee County as a member of the State Commission on Compensation for the term of office beginning October 2, 1975, and ending May 11, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

FRIDAY, FEBRUARY 13, 1976

953

Honorable Edward M. Mclntyre of Richmond County as a member of the State Commission on Compensation for the term of office begin ning October 2, 1975, and ending May 11, 1979. The vote on this con firmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable John Aderhold of Fulton County as a member of the Georgia Correctional Industries Administration for the term of office beginning August 4, 1975, and ending June 30, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable William H. Wiseman of Richmond County as a member of the Georgia Correctional Industries Administration for the term of office beginning August 4, 1975, and ending June 30, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Tim Ryles of DeKalb County as Administrator of the Fair Business Practices Act of 1975 for a term beginning July 7, 1975, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 46, nays 0, and the nominee was confined.

Honorable Ronald E. Ginsberg of Chatham County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable James F. Echols of Tift County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1977. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable John A. Daniel of Marion County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Harry W. Pettigrew of DeKalb County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable A. Gordon Oliver of Fulton County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1977. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Charles E. Campbell of Fayette County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Ms. Betty C. Godwin of Cobb County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

954

JOURNAL OP THE SENATE,

Honorable Richard W. Davidson of White County as a member of the Consumer Advisory Board for the term of office beginning Decem ber 10, 1975, and ending December 10, 1977. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

Mrs. Bernice Turner of Bibb County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable T. J. Foss of Richmond County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable James M. Bell of Gwinnett County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable J. A. Crockett of Toombs County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Willie E. Lockette of Crisp County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Sue Phelps of Whitfield County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Dan P. Young of Pulton County as a member of the Consumer Advisory Board for the term of office beginning December 10, 1975, and ending December 10, 1977. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Joseph C. Underwood of Montgomery County as a mem ber of the State Board of Corrections and Board of Offender Rehabilita tion for the term of office beginning January 8, 1976, and ending Novem ber 27, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Jack T. Rutledge of Muscogee County as a member of the State Board of Corrections and Board of Offender Rehabilitation for the term of office beginning January 8, 1976, and ending November 27, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Mrs. Edna K. West of DeKalb County as a member of the Georgia State Board of Cosmetology for the term of office beginning December

FRIDAY, FEBRUARY 13, 1976

955

10, 1975, and ending May 1, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Richard B. Ross of Troup County as a member of the Board of Dental Examiners of Georgia for the term of office beginning September 18, 1975, and ending August 1, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Oscar N. Persons of Fulton County as a member of the State Elections Board for the term of office beginning January 22, 1976, and ending May 8, 1976. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Mrs. Clayton H. Farnham of Fulton County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Mrs. Roy Frangiamore of Fulton County as a member of the Execu tive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Mrs. James B. Gilbert of Glynn County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1976. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Henry D. Green of Glynn County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Holcombe T. Green of Fulton County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1976. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Mrs. William W. Griffin of Fulton County as a member of the Ex ecutive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Mrs. Eugene A. Medori, Jr. of DeKalb County as a member of the Executive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Hubert B. Owens of Clarke County as a member of the Execu tive Center Fine Arts Committee for the term of office beginning August 8, 1975, and ending August 8, 1976. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

956

JOURNAL OF THE SENATE,

Honorable Gudmund Vigtel of Fulton County as a member of the Executive Center Fine Arts Committee for the term of office beginning
August 8, 1975, and ending August 8, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Archie E. Patterson of Clarke County as a member of the State Board of Registration for Foresters for the term of office beginning September 18, 1975, and ending July 1, 1980. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

Honorable Jack M. Hall of Colquitt County as a member of the State Board of Registration for Foresters for the term of office beginning September 18, 1975, and ending March 19, 1979. The vote on this con firmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable J. Gary Curry of Emanuel County as a member of the Georgia State Board of Funeral Service for the term of office begining July 18, 1975, and ending February 13, 1979. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

Honorable Frank M. Bird, Jr. of Fulton County as a member of the Health Laws Study Committee for the term of office beginning Septem ber 18, 1975, and serving as provided by law. The vote on this con firmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Richard V. Gadd of DeKalb County as a member of the Health Laws Study Committee for the term of office beginning Septem
ber 18, 1975, and serving as provided by law. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

Dr. Otis T. Hammonds of Fulton County as a member of the Health Laws Study Committee for the term of office beginning September 18, 1975, and serving as provided by law. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. James A. Kaufman of Cobb County as a member of the Health Laws Study Committee for the term of office beginning September 18, 1975, and serving as provided by law. T?ie vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Howard R. Cramer of DeKalb County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable James W. Erwin of DeKalb County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24, 1977. The vote on this confirmation was yeas 46, nays 0, and the nominee was
confirmed.

Honorable Charles R. Livingston of DeKalb County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24,

FRIDAY, FEBRUARY 13, 1976

957

1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable John M. Smith of Baldwin County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable James B. Talley of Cobb County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1975, and ending November 24, 1976. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Daniel F. Ward of Richmond County as a member of the Board of Human Resources for the term of office beginning October 17, 1975, and ending April 6, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable William E. Beery of Clarke County as a member of the Georgia State Board of Landscape Architects for the term of office beginning August 4, 1975, and ending April 1, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable William A. Spooner of Gwinnett County as a member of the Georgia State Board of Landscape Architects for the term of office beginning August 4, 1975, and ending April 1, 1977. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Frank M. Houser, Jr. of Whitfield County as a member of the Council on Maternal and Infant Health for the term of office beginning September 18, 1975, and ending July 18, 1976. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

Mrs. Larry C. White of DeKalb County as a member of the Council on Maternal and Infant Health for the term of office beginning Septem ber 18, 1975, and ending July 18, 1976. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Joseph Morrison of Chatham County as a member of the Council on Maternal and Infant Health for the term of office beginning October 17, 1975, and ending July 1, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Seth L. Knight, Jr. of Floyd County as a member of the Georgia Motor Vehicle Commission for the term of office beginning September 18, 1975, and ending May 24, 1978. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

Honorable Durward M. Jones of Habersham County as a member of the Georgia Motor Vehicle Commission for the term of office beginning September 18, 1975, and ending May 24, 1978. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

958

JOURNAL OF THE SENATE,

Honorable Raymond W. Lucia of DeKalb County as a member of the Georgia Motor Vehicle Commission for the term of office beginning September 18, 1975, and ending May 24, 1978. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

Honorable Sam Gofer of Glynn County as a member of the Board of Natural Resources for the term of office beginning July 24, 1975, and ending January 1, 1976. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable W. Kenneth Carithers of Clayton County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning September 18, 1975, and ending June 4, 1977. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable E. C. Nelson of Jones County as a member of the Georgia State Board of Nursing Home Administrators for the term of office be ginning September 18, 1975, and ending June 4, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Ben E. Crawford of Gordon County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning September 18, 1975, and ending June 4, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. William W. Cuthbertson of Habersham County as a member of the Georgia State Board of Examiners in Optometry for the term of office beginning January 5, 1976, and ending September 6, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was con firmed.
Honorable Ployd E. Busbee, Sr. of Bibb County as a member of the State Board of Pardons and Paroles for the term of office beginning July 17, 1975, to serve ad interim due to the incapacity of Joseph G. Maddox. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Ployd E. Busbee, Sr. of Bibb County as a member of the State Board of Pardons and Paroles for the term of office beginning January 1, 1976, and ending January 1, 1983. The vote on this confirma tion was yeas 46, nays 0, and the nominee was confirmed.

Honorable Charles E. Storm of DeKalb County as Acting State Commissioner of Personnel Administration for the term of office begin ning December 1, 1975, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable I. Pete Mills, Jr. of Jenkins County as a member of the Georgia State Board of Pharmacy for the term of office beginning January 13, 1976, and ending November 1, 1980. The vote on this con firmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable L. P. Greer, Jr. of Stephens County as a member of the Georgia Ports Authority for the term of office beginning July 24, 1975,

FRIDAY, FEBRUARY 13, 1976

959

and ending June 30, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable J. Lane Johnston of Bulloch County as a member of the Board of Public Safety for the term of office beginning January 22, 1976, and ending January 20, 1979. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Ms. Marcia M. Arnold of Lowndes County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning September 18, 1975, and ending June 24, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Winfred Harris of Fulton County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning September 18, 1975, and ending June 24, 1978. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Ms. Marcia Mason of Cobb County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning September 18, 1975, and ending June 24, 1977. The vote on this confirmation was yeas 46, nays 0, and. the nominee was confirmed.

Dr. Lawrence L. Durisch, Jr. of Hall County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning September 18, 1975, and ending June 24, 1977. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Erwin A. Friedman of Chatham County as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 8, 1976, and ending January 1, 1983. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Rufus B. Coody of Dooly County as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 8, 1976, and ending January 1, 1983. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Honorable Emmett W. Gore, Jr. of Bibb County as a member of the State Board of Veterans Service for the term of office beginning August 6, 1975, and ending April 1, 1982. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

Dr. Horace G. Blalock, Jr. of Richmond County as a member of the Board of Veterinary Medicine for the term of office beginning December 12, 1975, and ending September 16, 1980. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

The following named persons as members of the Commission on the Status of Women for terms beginning October 2, 1975, and serving at the pleasure of the Governor: Elaine Alexander, Fulton County; Mary Averyt, Muscogee County (resigned December 9, 1975); Janet Barker,

960

JOURNAL OF THE SENATE,

Houston County; Dee W. Bryant, Muscogee County; Angel Cobb, Bibb County; Mary Dean Davis, Fulton County; Gail Feingold, Mitchell County; Berta Freidman, Chatham County; Eleanor Granum, Houston County; Jane Green, Clarke County; Janet Griffin, Dougherty County; McCree Harris, Dougherty County; Marion Mayo, Grady County; Mary McKinney, Richmond County; Joy Moon, Lowndes County (resigned, December 9, 1975); Mrs. J. Tom Morgan, Jr., Muscogee County; Connie Schlak, Gwinnett County; Mary Alice Shipp, Telfair County; Rosa Stanback, Muscogee County; Mary Jane Stinson, Chatham County; Mamie K. Taylor, DeKalb County; Alice Tomme, Clayton County. The vote on these confirmations was yeas 46, nays 0, and the nominees were con firmed.

The following named persons as members of the Commission on the Status of Women for terms beginning October 15, 1975, and serving at the pleasure of the Governor: Dorothy Bolden, Fulton County; and Sharon Adams-Hackett, DeKalb County. The vote on these confirmations was yeas 46, nays 0, and the nominees were confirmed.

Honorable Don L. Knowles of Henry County as a member of the State Board of Workmen's Compensation for the term of office beginning January 21, 1976, and ending January 12, 1980. The vote on this con firmation was yeas 46, nays 0, and the nominee was confirmed.

Respectfully submitted,
l&l Hamilton McWhorter, Jr. Secretary of the Senate

The following resolution of the Senate was read and put upon its adoption:

SR 351. By Senator Broun of the 46th: A resolution relative to adjournment.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Duncan Eldridge Foster Garrard Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Kennedy Kidd

Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley Robinson Shapard Starr

FRIDAY, FEBRUARY 13, 1976

961

Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor

Turner Tysinger Warren

Voting in the negative was Senator Hill.

Those not voting were Senators:

Bond Fincher Gillis

Holley Hudson McGill (excused)

Russell Young

On the adoption of the resolution, the yeas were 47, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

At 12:40 o'clock P.M., the President announced that the Senate would stand in recess until 4:00 o'clock P.M. today.

The President called the Senate to order.

Senator Riley of the 1st moved that pursuant to provisions of SR 351 the Senate do now adjourn until 10:00 o'clock A.M. Monday, February 16, and the motion prevailed.

At 4:00 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, February 16.

962

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Monday, February 16, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Young of the 13th reported that the journal of Friday's proceedings had been read and found correct.

Senator Lester of the 23rd moved that the Senate reconsider its action in defeating the following bill:

SB 437. By Senators Lester of the 23rd, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend an Act providing for the control and operation of clinical laboratories, as amended, so as to provide that the provisions of this Act shall not apply to clinical laboratories operated by the State of Georgia.

On the motion, the yeas were 31, nays 1; the motion prevailed, and SB 437 was reconsidered and placed on the Senate Calendar.

Senator Ballard of the 45th moved that the Senate reconsider its action in passing the following bill:

SB 567. By Senator Duncan of the 30th:
A bill to amend an Act authorizing counties and certain municipalities to levy a local income tax under certain conditions, so as to change the provisions relative to the referendum election to authorize the levy of such tax; to provide an effective date.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 567 was reconsidered and placed on the Senate Calendar.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

MONDAY, FEBRUARY 16, 1976

963

HB 1278. By Representative Linder of the 44th :
A bill to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to revise, codify, consolidate, modernize and supersede the laws of this State relating to the practice of dentistry, to dentists, to dental hygienists, to dental assistants and others; to provide for definitions; to repeal conflicting laws.

HB 1311. By Representatives Murphy of the 18th, Burruss and Kreeger of the 21st and others:
A bill to amend an Act relating to the exemption of property from taxation so as to provide that public property which is owned by a political subdivision and which is situated outside the territorial limits of the political subdivision shall not be exempt from ad valorem taxa tion.
HB 1332. By Representatives Howard of the 19th, Nix of the 20th, Snow of the 1st and others:
A bill to amend Code Chapter 38-3, relating to hearsay evidence, so as to provide that certain statements made for purposes of medical diagnosis or treatment shall be admissible in evidence.

HB 1336. By Representatives Knight of the 67th, Mullinax of the 69th, Mostiler of the 71st and others:
A bill to amend an Act known as the "Development Authorities Law" approved March 28, 1969, as amended, so as to include in the definition of the word "Project" the acquisition, construction, design engineering, improvement, leasing, maintenance, modification, rebuilding and repair of any property utilized in connection with a community antenna tele vision system.

HB 1622. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-305, relating to mandatory suspension of licenses, so as to provide that conviction for failure to stop, render aid, identify themselves, hit and run, or leaving the scene of an accident shall require the mandatory suspension of a motor vehicle operator's license.

HB 1657. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend Code Chapter 56-5, relating to rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, so as to provide that nothing contained within said Code 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.

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

964

JOURNAL OF THE SENATE,

HR 555. By Representatives Coleman of the 118th, Matthews of the 63rd, Baugh of the 108th and others:
A resolution proposing an amendment to the Constitution so as to in crease the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships.

HR 568. By Representatives Beckham of the 89th, Sams of the 90th, Linder of the 44th and others:
A resolution proposing an amendment to the Constitution so as to pro vide a procedure for the recall of elected officials; to provide for the submission of this amendment for ratification or rejection.

The House has adopted the following resolution of the Senate:
SR 351. By Senator Broun of the 46th: A resolution relative to adjournment.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 636. By Senators Tate of the 38th, Shapard of the 28th, Kidd of the 25th and others: A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to provide for a psychoeducational center network and for psychoeducational centers; to provide for pro cedures, requirements and other matters relative thereto.
Referred to Committee on Education.
SB 63T. By Senator Kidd of the 25th: A bill to amend Code Chapter 114-4, relating to amount, computation, and payment of Workmen's Compensation, as amended, so as to provide for certain benefits to State employees totally incapacitated under cer tain conditions; to provide for definitions; to provide for compensation obligations, amounts and limits.
Referred to Committee on Industry, Labor and Tourism.
SB 638. By Senator Lewis of the 21st: A bill to amend Code Title 22, relating to corporations, as amended, so as to delete therefrom requirements that corporations mail certain documents to shareholders upon request; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

MONDAY, FEBRUARY 16, 1976

965

SB 641. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Georgia Code Section 26-1704, relating to bad checks, so as to add thereto language to provide that upon any commitment hearing or trial involving a bank or depository beyond the subpoena power of the court, such shall be admissible as evidence that the drawee bank dis honored the instrument because the accused did not have an account with it or insufficient funds were on deposit at the time the instrument was presented for payment.
Referred to Committee on Banking, Finance and Insurance.

SB 642. By Senators Warren of the 43rd and Doss of the 52nd:
A bill to amend Code Chapter 84-14 relating to real estate brokers and salesmen, as amended, so as to provide that any person applying for a stay of any order of the Georgia Real Estate Commission suspending or revoking a license must post an appeal bond of $10,000.00. Referred to Committee on Industry, Labor and Tourism.

SB 639. By Senators Warren of the 43rd and Broun of the 46th:
A bill to amend Code Title 22, relating to corporations, as amended, so as to provide for reports of changes of control of corporations; to pro vide shareholders with the right of and means of exercising dissent; to provide for other matters relative to the foregoing; to provide for severability.

Senator Broun of the 46th moved that SB 639 be engrossed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 639 was engrossed.

Referred to Committee on Banking, Finance and Insurance.

SB 640. By Senator Broun of the 46th:
A bill to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking, as amended, so as to provide for share holders' rights in connection with the acquisition of bank shares by bank holding companies.

Senator Broun of the 46th moved that SB 640 be engrossed.

On the motion, the yeas were 32, nays 2; the motion prevailed, and SB 640 was engrossed.

Referred to Committee on Banking, Finance and Insurance.

966

JOURNAL OF THE SENATE,

SR 353. By Senator Tate of the 38th:
A resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to provide by law the requirements for admission to the bar of any court and the administration and conduct of any bar examination; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Judiciary.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1278. By Representative Linder of the 44th:
A bill to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to revise, codify, consolidate, modernize and supersede the laws of this State relating to the practice of dentistry, to dentists, to dental hygienists, to dental assistants and others; to provide for definitions. Referred to Committee on Human Resources.

HB 1311. By Representatives Murphy of the 18th, Burruss and Kreeger of the 21st and others:
A bill to amend an Act relating to the exemption of property from taxation so as to provide that public property which is owned by a political subdivision and which is situated outside the territorial limits of the political subdivision shall not be exempt from ad valorem taxa tion. Referred to Committee on Banking, Finance and Insurance.

HB 1332. By Representatives Howard of the 19th, Nix of the 20th, Snow of the 1st and others:
A bill to amend Code Chapter 38-3, relating to hearsay evidence, so as to provide that certain statements made for purposes of medical diag nosis or treatment shall be admissible in evidence. Referred to Committee on Judiciary.

HB 1336. By Representatives Knight of the 67th, Mullinax of the 69th, Johnson of the 72nd and others:
A bill to amend an Act known as the "Development Authorities Law" approved March 28, 1969, as amended, so as to include in the definition of the word "Project" the acquisition, construction, design, engineering, improvement, leasing, maintenance, modification, rebuilding and repair of any property utilized in connection with a community antenna tele vision system.
Referred to Committee on County and Urban Affairs.

HB 1622. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-305, relating to mandatory suspen sion of licenses, so as to provide that conviction for failure to stop,

MONDAY, FEBRUARY 16, 1976

967

render aid, identify themselves, hit and run, or leaving the scene of an accident shall require the mandatory suspension of a motor vehicle operator's license.
Referred to Committee on Transportation.

HB 1657. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend Code Chapter 56-5, relating to rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, so as to provide that nothing contained within said Code 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.
Referred to Committee on Banking, Finance and Insurance.

HR 555. By Representatives Coleman of the 118th, Matthews of the 63rd, Baugh of the 108th and others:
A resolution proposing an amendment to the Constitution so as to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships. Referred to Committee on Higher Education.

HR 568. By Representatives Beckham of the 89th, Sams of the 90th, Linder of the 44th and others:
A resolution proposing an amendment to the Constitution so as to provide a procedure for the recall of elected officials; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance & Insurance has had under considera tion the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 784. Do pass as amended. HB 782. Do pass by substitute.
Respectfully submitted, Senator Holley of 22nd District, Chairman

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JOURNAL OP THE SENATE,

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following resolu tions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 27. Do pass by substitute. SR 336. Do pass.
Respectfully submitted, Senator Eldridge of 7th District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the follow ing resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 527. Do pass.
Respectfully submitted. Senator Reynolds of 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 573. By Senator Reynolds of the 48th:
A bill to amend an Act approved March 10, 1970, known as the Ga. Peace Officers Standards and Training Act (Ga. Laws 1970, p. 208), as amended, so as to redefine the terms "peace officer" and "law enforce ment unit"; to provide for other matters; to provide an effective date.

SB 590. By Senators McDuffie of the 19th and Gillis of the 20th:
A bill to add one additional judge of the superior courts of the Oconee Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of succes sors to the judge initially appointed.

SB 596. By Senator Russell of the 10th:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which

MONDAY, FEBRUARY 16, 1976

969

are not branches of the University System of Georgia, approved April 14, 1971 (Ga. Laws 1971, p. 906), as amended, so as to change the definition of the term "approved institution".

SB 598. By Senator Traylor of the 3rd:
A bill to amend the Executive Reorganization Act of 1972, approved April 6, 1972, as amended, so as to provide for a Division of Small Business Assistance within the Department of Community Develop ment; to provide for a director.

SB 606. By Senator Kidd of the 25th:
A bill to amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved Feb. 13, 1956 (Ga. Laws 1956, p. 60), so as to provide exceptions thereto under prescribed conditions; to provide for procedures.
SB 610. By Senators Stephens of the 36th, Starr of the 44th, Holloway of the 12th and others:
A bill to provide for the regulation of elevators, dumbwaiters, escalators, moving walks, manlifts and facilities and equipment associated there with ; to provide for definitions; to provide for the creation of the Elevator Safety Board and for the appointment of the members thereof and the powers and duties thereof.

SR 313. By Senators Starr of the 44th, Langford'of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution to provide for the succession to office of any elected Constitutional Executive Officer upon a determination of physical or mental disability by the Supreme Court of Georgia; to provide for the submission of this amend ment for ratification or rejection.

SR 326. By Senator Kidd of the 25th: A resolution relative to pay raises for State employees.

SR 337. By Senators Starr of the 44th, Kidd of the 25th, Langford of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may divide the State Board of Pardons and Paroles into panels of not less than three members; to provide for the jurisdiction of such panels and the Board; to provide for the submission of this amendment for ratification or rejection.

HB 88. By Representatives Edwards of the 110th, Noble of the 48th, Harden of the 154th and others:
A bill to prohibit any State board, body, agency, official, institution or other person or associations from discriminating against optometrists

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JOURNAL OF THE SENATE,

licensed under Code Chapter 84-11 for visual care services when the visual care services are within the scope of practice of optometrists licensed under said Chapter.

HB 1002. By Representatives Snow of the 1st, Hatcher of the 131st and Taggart of the 125th:
A bill to amend Code Section 51-101 relating to what is exempt and who may claim constitutional homesteads, so as to change the amount of such exemption.

HB 1314. By Representatives McDonald of the 12th, Buck of the 95th, Adams of the 14th and others:
A bill to amend an Act creating the Firemen's Retirement System so as to provide for an increase in the monthly pension of eligible firemen or volunteer firemen.

HB 1315. By Representatives McDonald of the 12th and Buck of the 95th:
A bill to amend an Act creating the Firemen's Retirement System so as to provide for the powers and duties of the Board of Trustees of the Georgia Firemen's Pe^Fiov. Fund.

HB 1658. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend an Act known as the "Insurance Premium Finance Company Act" so as to provide for an additional qualification for the issuance or renewal of a license.

HB 1659. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend Code Section 56-214 relating to enforcement by the Insurance Commissioner of the provisions of Code Title 56, the Georgia Insurance Code, so as to make clear, and provide for, authority for the Commissioner to issue orders, which prohibit persons from engaging in acts made unlawful by the Georgia Insurance Code or regulations promulgated thereunder.

SB 597. By Senator Lewis of the 21st:
A bill to amend an Act creating a new charter for the City of Millen, Georgia, as amended, so as to change the election date in said city; to change the jurisdiction of the mayor's court.

HB 1593. By Representative Crawford of the 5th :
A bill to amend an Act incorporating the Town of Menlo so as to change the corporate limits of the jurisdiction of the mayor and council of said city.

MONDAY, FEBRUARY 16, 1976

971

HE 1003. By Representative Howell of the 140th:
A bill to amend an Act creating the State Court of Miller County so as to change the salary of the judge of said court; to provide an effec tive date.

HB 1604. By Representatives Howell of the 140th and Cox of the 141st:
A bill to amend an Act creating the small claims court of Seminole County so as to change the jurisdiction of said court; to change certain fees.

HB 1605. By Representatives Howell of the 140th and Cox of the 141st:
A bill to amend an Act placing the clerk of the superior court of Seminole County upon an annual salary so as to change the compensa tion of said clerk.

HB 1606. By Representatives Howell of the 140th and Cox of the 141st:
A bill to abolish the present mode of compensating the coroner of Seminole County, known as the fee system; to provide in lieu there.::!' i salary; to provide for the payment of the operating expenses oi ;,iJ office; to provide an effective date.

HB 1609. By Representatives Evans of the 84th and Owens of the 77th-
A bill to amend an Act consolidating the offices of Tax Receive; ;nd Tax Collector of McDuffie County into the office of Tax Commi;-. .iif.r of McDuffie County so as to change the compensation provisions relative to the deputy and other personnel.

HB 1610. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide for cost-of-living increases for the Sheriff, the Clerk of the Superior Court and the Judge of the Probate Court of McDuffie County.

HB 1611. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act repealing an Act creating a Commissioner of Roads and Revenues for McDuffie County and creating a three-member Board of Commissioners for McDuffie County so as to change the compensation of the chairman and members of said board.

HB 1631. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County so as to change the compensation of the Chairman of the Board of Commissioners of Clayton County.

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JOURNAL OF THE SENATE,

HB 1632. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act creating and establishing a Small Claims Court in and for Bacon County so as to change the residency requirements of the judge of said court.

HB 1635. By Representative Owens of the 77th:
A bill to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to provide for the charging and collecting of mailing fees by the clerks of the superior courts in all counties of this State having a population of not less than 22,325 and not more than 22,330 according to the U.S. Decennial Census of 1970 or any future such census.

HB 1650. By Representative Reaves of the 147th:
A bill to amend an Act placing the Sheriff of Brooks County on an annual salary in lieu of the fee system of compensation so as to change the provisions relative to funds for the feeding of prisoners.

HB 1652. By Representative Ware of the 68th:
A bill to amend an Act creating a new charter for the City of Grantville in the County of Coweta so as to create a recorder's court; to provide for the appointment of a recorder; to provide for the term of office, qualifications and compensation of the recorder.

HR 592. By Representatives Watson of the 114th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to provide that in Houston County in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education.

HR 594. By Representatives Whitmire, Wood and Jackson of the 9th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a merit system of civil service system for any or all persons, other than elected of ficials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County.

SB 354. By Senator Stephens of the 36th:
A bill to amend 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 authorize the Tax Commissioner of Fulton County to issue one fi. fa. for delinquent ad valorem taxes due to the City of Atlanta and Fulton County.

MONDAY, FEBRUARY 16, 1976

973

SB 553. By Senator Hudson of the 35th:
A bill to repeal an Act authorizing and directing the governing au thorities of all municipalities with populations of 400,000 or more, ac cording to the 1960 or any future Federal Decennial Census, to impose a license fee, not to exceed $100.00 per annum, upon each person who practices astrology for a fee.

HB 1457. By Representative Crawford of the 5th:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the Town of Lyerly as one of the cities and towns to which the prohibition of said Code Section does not apply; to provide an effective date.

HB 1617. By Representatives Beck of the 148th, Patten of the 149th, Long of the 142nd and others:
A bill to provide for an investigator for the District Attorney of the Southern Judicial Circuit; to provide for the compensation and ex penses of such investigator; to provide for the term of office, duties, powers and authority of the investigator.

HB 1653. By Representative Shanahan of the 7th:
A bill to amend an Act providing for a Commissioner of Gordon County (now Board of Commissioners of Gordon County) so as to change the provisions relative to certain bonds.

HB 1673. By Representatives Foster and Wheeler of the 152nd:
A bill to amend an Act creating the office of Commissioner of Coffee County so as to change the county auditing procedures.

HB 1677. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary in lieu of the fee system of com pensation so as to change the compensation of the Judge of the Probate Court of Clayton County.

HB 1681. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Com missioner of Clayton County so as to change the compensation of the Tax Commissioner of Clayton County.

HB 1684. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system

974

JOURNAL OF THE SENATE,

of compensation so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Clayton County.

HR 595. By Representatives Lee, Bailey, West and Johnson of the 72nd:
A resolution proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Clayton County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection.

HB 1443. By Representatives Burton of the 47th, Richardson of the 52nd, Davis of the 56th and others:
A bill to establish the Developmental Disabilities Planning and Co ordinating Council of DeKalb County; to provide for appointment of members of the Council and their duties, powers and authority; to provide for definitions; to provide for the receipt and expenditures of moneys.

HR 584. By Representative Owens of the 77th:
A resolution proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Columbia County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Columbia County.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Dean of 31st

Hudson

Tate

MONDAY, FEBRUARY 16, 1976

975

Senator Thompson of the 32nd introduced the chaplain of the day, Rev. Wendell Banks, pastor of Legend Heights Baptist Church, Smyrna, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 347. By Senators Traylor of the 3rd and Dean of the 6th:
A resolution expressing regret at the passing of Sheriff Harry W. Owens.

SR 355. By Senators Bond of the 39th, Tysinger of the 41st and Tate of the 38th:
A resolution expressing regret at the passing of Dr. Vivian W. Henderson.

SR 356. By Senators Bond of the 39th, Tate of the 38th and Stephens of the 36th:
A resolution commending the administration, faculty and staff of Morehouse College.

SR 352. By Senator Eldridge of the 7th:
A resolution expressing appreciation to the members of the Georgia Student Intern Program.

SENATE CALENDAR
Monday, February 16, 1976
SR 257. Court of Criminal Appeals--General Assembly create HR 498. Dodge County--encourage economic development SB 546. Creation of Retirement System--prohibit age discrimination (AM) HB 171. Visitation Rights--grandparents of minor child SR 73. Public Service Commission--change terms of office SB 594. Motor Vehicle Farm Machinery, Construction, Franchises-revise laws SR 266. Pub. Serv. Comm. Members-elect from comm. district for four years SR 318. Government Overview Committee--create (SUB) HR 464. Bingo--exempt from lottery provisions of Constitution (SUB) SB 403. Consumer Reporting Agency--restrictions (SUB) SB 480. Exec. Agencies-legislative oversight of rules and regulations SB 492. Financial Institutions Code--multiple party accounts (SUB)

976

JOURNAL OF THE SENATE,

SB 495. SB 496.
SB 504. SB 539. SR 274. SR 306. SR 316. SR 320. SR 324. SR 329. HB 405. HB 490. HB 529. HB 1304. HB 1387. HB 1388. HB 1389. HB 1544. HB 1562. HB 1585. HR 534. HR 583.

Fraudulent Documents--sale, use Construction of Certain Facilities-energy consumption analyses
(SUB) Gen. Assembly Members-provisions relating to vouchers Red Traffic Signal-conditions for left turn on one-way street (SUB) Code Title 47--committee to study and revise State Computers Study Committee--create Mr. James C. Hogan--commend (SUB) Muscogee County--conveyance of certain State-owned property Wilkes County--conveyance of certain State-owned property Franklin County--conveyance of certain State-owned property Atlanta--sale of alcoholic beverages Allowable Personal Income Tax Exemption-explicit explanation Sales Tax--credit allowed for returned property Acceptance of Drafts--time period for acceptance Wine Brands, Shipment and Sale-records open to public Distilled Spirit Brands, Shipment, Sale--records open to public Malt Beverage Brands, Shipment, Sale--records open to public City, County, School Bond Proceeds--investment Net Income Taxation-conform to U. S. Internal Revenue Code MARTA Board of Directors--change membership (SUB) Decatur County--conveyance of certain real property State-Owned Property--lease

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 546. By Senator McDowell of the 2nd:
A bill to prohibit discrimination based on age in the creation or opera tion of public or private retirement systems or pension plans; to provide minimum standards and requirements for public and private retirement or pension plans or systems.

Senator McDowell of the 2nd offered the following amendment:

Amend SB 546 by striking on Page J., line 23, after the word

"employment" the ".";

\i

and inserting in lieu thereof the following:

", except in certain cases where a hazardous occupation would demand otherwise."

MONDAY, FEBRUARY 16, 1976

977

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Dean of 6th Hamilton of 26th Hamilton of 34th

Hudgins Hudson Kidd Lewis

McDowell Russell Sutton

Those voting in the negative were Senators :

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge

Fincher Foster Garrard Gillis Hill Holley Holloway Howard Kennedy Langford Lester McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Pearce

Tate

Young

On the passage of the bill, the yeas were 11, nays 42.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following resolution of the Senate was read and adopted:

SR 354. By Senators Hudgins of the 15th, Kidd of the 25th, Robinson of the 27th and others:
A resolution commending Coach Pepper Rodgers.

Senator Hudgins of the 15th introduced Pepper Rodgers who briefly ad dressed the Senate.

978

JOURNAL OF THE SENATE,

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 171. By Representatives Cox of the 141st, Long of the 142nd and Evans of the 84th: Senate Sponsor: Senator Howard of the 42nd.
A bill to provide for the grant of visitation rights to the grandparents of certain children; to provide for the enforcement of the grant of such rights.

Senator Langford of the 51st offered the following amendment:
Amend HB 171 by striking from lines 9 and 10 the phrase
", in its discretion," and
By adding on line 11 after the word "child" the following:
"if the noncustodial parent is physically or mentally incapaci tated so that in the court's judgment and discretion, visitation rights should be granted and financial support obligations should be trans ferred to the maternal or paternal grandparents as the case may be. Examples of such physical or mental incapacitation include in carceration, illness, insanity, and lunacy."
On the adoption of the amendment, the yeas were 10, nays 33, and the amendment was lost.

The report of the committee, which was favorable to passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan

Eldridge Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Lester McDowell McDuffie McGill

Overby Pearce Reynolds Riley Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren Young

MONDAY, FEBRUARY 16, 1976

979

Those voting in the negative were Senators:

Fincher Foster Hudson Kidd

Langford Lewis Robinson Shapard

Starr Stephens Summers Sutton

Those not voting were Senators:

Bond

Hill

Russell

On the passage of the bill, the yeas were 41, nays 12.

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

SR 73. By Senators Thompson of the 32nd, Barnes of the 33rd, Hamilton of the 34th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of the members of the Public Service Commission; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IV, Section IV, Paragraph III of the Constitution is hereby amended by deleting therefrom the following sentence:
"Thereafter all succeeding terms of members shall be for six years.",
and substituting in lieu thereof the following:
"As the terms of office of the members of the Public Service Commission serving as such on January 1, 1975, shall expire, their successors shall be elected to serve the terms of office of four years and until their successors shall be duly elected and qualified. There after, the terms of office of the members of the Public Service Commission shall be for four years and until their successors shall be duly elected and qualified.",
so that when so amended, said Paragraph shall read as follows:
"Paragraph III. Public Service Commission as Constitutional Officers. There shall be a Public Service Commission for the regu lation of utilities, vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the

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General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A Chairman shall be selected by the members of the Commission from its membership. The first Com mission under this amendment shall consist of the commissioners in office at the time of the adoption of this constitutional amend ment and they shall serve until December 31 after the general election at which the successor of each member is elected. As the terms of office of the members of the Public Service Commission serving as such on January 1, 1975, shall expire, their successors shall be elected to serve the terms of office of four years and until their successors shall be duly elected and qualified. Thereafter, the terms of office of the members of the Public Service Commission shall be for four years and until their successors shall be duly elected and qualified. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the Chairman, shall be such as are now or may hereafter be provided by the General Assembly."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to change the terms of office of the members of the Public
( ) NO Service Commission?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Brantley

Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Garrard Gillis Hamilton of 26th Hamilton of 34th

Holley Howard Hudgins Hudson Kidd Lester Lewis

MONDAY, FEBRUARY 16, 1976

981

McDowell McDuffie Pearce Riley Robinson Stephen Stumbaugh

Sutton Tate Thompson Timmons Traylor Turner

Those voting in the negative were Senators:

Ballard Banks Broun of 46th Brown of 47th Eldridge

Poster Holloway Kennedy
Langford McGill

Overby Reynolds Shapard Summers Tysinger

Those not voting were Senators:

Fincher Hill

Russell Starr

Warren Young

On the adoption of the resolution, the yeas were 35, nays 15.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

SR 318. By Senator Kidd of the 25th:
A resolution to create the Government Overview Committee; to provide for membership, duties, authority and power of said Committee; to provide for personnel; to provide for the issuance of subpoenas; to authorize Committee members to administer oaths; to provide for con tempt proceedings.

The Senate Committee on Economy, Reorganization and Efficiency in Govern ment offered the following substitute to SR 318:
A RESOLUTION
To create the Government Overview Committee; to provide for mem bership, duties, authority and power of said Committee; to provide for personnel; to provide for the issuance of subpoenas; to authorize Com mittee members to administer oaths; to provide for contempt proceed ings; to provide for funds; to provide the procedure for the submission of appointments to the Committee; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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JOURNAL OP THE SENATE,

Section 1. There is hereby created the Government Overview Com mittee. During the first twelve days of each regular session of the General Assembly, the House of Representatives shall elect five of its members, one of which shall be from the minority party, and the Senate shall elect five of its members, one of which shall be from the minority party, to serve as the Government Overview Committee for a term of one year ending on the second Monday of January of the following year. Members shall be authorized to succeed themselves on such Overview Committee.

The Committee shall elect its own chairman and such other officers as it deems desirable and shall adopt procedures for its operation. The Committee is authorized to employ such personnel as it deems are needed to assist it in the performance of its duties and to fix the compensation therefor. The members of the Committee shall receive the allowances authorized by law for members of interim legislative committees.

Section 2. The Committee is authorized to study the operations of State Government and to make reports and recommendations relative thereto. The Committee shall work with all standing committees of the Senate and House of Representatives, and in the event any such standing committee is apprised of problems in State Government, such committee shall so inform the Government Overview Committee, which shall study the matter and report back to such committee.

Section 3. The Committee, upon the affirmative vote of seven mem bers thereof, is authorized and empowered to issue subpoenas for the Committee requiring the attendance and testimony of witnesses and the production of books, material, documents, records, data, and papers relative to the pertinent study, investigation, or inquiry. Subpoenas shall be issued in the name of the Committee and signed by the chairman. Any subpoena may be served by any sheriff, any deputy sheriff, any member of the Committee, or any employee of the Committee. The Com mittee shall have the power to require any testimony given before the Committee to be under oath. Each member of the Committee is autho rized to administer oaths to witnesses appearing before the Committee.

Upon the failure of any person to comply with any subpoena of the Committee, the Committee, through its chairman, may apply to the superior court of the proper jurisdiction for an order requiring such person to show cause why he should not be held in contempt. The court may punish any person who shall fail to obey any such subpoena as for contempt of court.
Section 4. In the event the Governor needs to make an appointment during the interim '^between sessions of the General Assembly, which appointment is required to be confirmed by the Senate, he shall submit the name of such person to the Government Overview Committee prior to making such appointment and such Committee shall make a report to the Governor as to whether the Committee would favor or not favor the appointment of such person to the particular position involved. The Governor would not be bound by any recommendation of the Committee.

Section 5. The provisions of this Resolution shall become effective May 1, 1976.

MONDAY, FEBRUARY 16, 1976

983

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th offered the following substitute to SR 318:
A RESOLUTION
To create the Government Overview Committee; to provide for mem bership, duties, authority and power of said Committee; to provide for personnel; to provide for the issuance of subpoenas; to authorize Com mittee members to administer oaths; to provide for contempt proceed ings ; to provide for funds; to provide the procedure for the submission of appointments to the Committee; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created the Government Overview Com mittee. During the first twelve days of each regular session of the General Assembly, the House of Representatives shall elect five of its members, one of whom shall be from the minority party, and the Senate shall elect five of its members, one of whom shall be from the minority party, to serve as the Government Overview Committee for a term of one year ending on the second Monday of January of the following year. Members shall be authorized to succeed themselves on such Overview Committee.
The Committee shall elect its own chairman and such other officers as it deems desirable and shall adopt procedures for its operation. The Committee is authorized to employ such personnel as it deems are needed to assist it in the performance of its duties and to fix the compensation therefor. The members of the Committee shall receive the allowances authorized by law for members of interim legislative committees.
Section 2. The Committee is authorized to study the operations of State Government and to make reports and recommendations relative thereto. The Committee shall work with all standing committees of the Senate and House of Representatives, and in the event any such standing committee is apprised of problems in State Government, such committee shall so inform the Government Overview Committeee, which shall study the matter and report back to such committee.
Section 3. The Committee, upon the affirmative vote of seven members thereof, is authorized and empowered to issue subpoenas for the Committee requiring the attendance and testimony of witnesses and the production of books, material, documents, records, data, and papers, relative to the pertinent study, investigation, or inquiry. Subpoenas shall be issued in the name of the Committee and signed by the chairman. Any subpoena may be served by any sheriff, any deputy sheriff, any member of the Committee, or any employee of the Committee. The Com mittee shall have the power to require any testimony given before the

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Committee to be under oath. Each member of the Committee is autho rized to administer oaths to witnesses appearing before the Committee.

Upon the failure of any person to comply with any subpoena of the Committee, the Committee, through its chairman, may apply to the superior court of the proper jurisdiction from an order requiring such person to show cause why he should not be held in contempt. The court may punish any person who shall fail to obey any such subpoena as for contempt of court.

Section 4. The provisions of this Resolution shall become effective May 1, 1976.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McDowell of the 2nd offered the following amendment:
Amend the substitute offered by Senator Kidd of the 25th by adding after Section 3 the following:
"Any person appearing before any Committee shall be liable to prosecution under the laws for any statements to said committee which are false. And further, this committee shall have all the power given under 1612 to Code Section 40-1620 of Georgia Laws."

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

On the adoption of the committee substitute, the yeas were 0, nays 38, and the committee substitute was lost.

On the adoption of the substitute offered by Senator Kidd of the 25th, Senator Starr of the 44th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond
Brantley Brown of 47th Carter Coverdell
Dean of 6th Dean of 31st Doss

Eldridge Pincher Foster Garrard Gillis
Hamilton of 26th Hamilton of 34th Hill Holley
Hudgins Kennedy Kidd

Lester Lewis McDowell McDuffie Overby
Pearce Reynolds Robinson Russell
Shapard Stephens Stumbaugh

MONDAY, FEBRUARY 16, 1976

985

Summers Button Tate

Thompson Traylor Turner

Tysinger Warren

Those voting in the negative were Senators:

Banks Duncan Holloway Howard

Hudson Langford McGill

Riley Starr Timmons

Not voting were Senators Broun of 46th and Young.

On the adoption of the substitute, the yeas were 44, nays 10, and the substitute offered by Senator Kidd of the 25th was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie Pearce Reynolds Robinson

Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Ballard Banks Duncan Holloway

Howard Hudson Langford McGill

Overby Riley Starr Timmons

Not voting were Senators Broun of 46th and Young.

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On the adoption of the resolution, the yeas were 42, nays 12.

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

Senator Kidd of the 25th moved that SR 318 be immediately transmitted to the House.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SR 318 was immediately transmitted to the House.

HR 464. By Representative Lane of the 40th :
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt certain bingo games from the lottery provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article I, Section II, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24-hour period or $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall not be illegal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization in accordance with any applicable State law and municipal or county ordinances. No person, firm or corporation shall be deemed a nonprofit organization except a tax exempt organization within the meaning of either the Internal Revenue Code or the Georgia Income Tax Law.",
so that when so amended, Paragraph IV shall read as follows:
"Paragraph IV. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws. The operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24-hour period or $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall not be illegal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization in accordance with any applicable State law and municipal or county ordinances. No organization shall be deemed a nonprofit organization except a tax exempt organization within the meaning of the Internal Revenue

MONDAY, FEBRUARY 16, 1976

987

Code and the Georgia Income Tax Law. No organization shall be deemed a nonprofit organization within the meaning of this para graph unless such organization shall annually file with the State Revenue Department a report of audit certified by a Certified Public Accountant fully accounting for all receipts and expenditures of such organization which report shall constitute a public record subject to public inspection."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to provide that certain bingo games operated by nonprofit organiza-
( ) NO tions shall be legal in Georgia?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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 Senate Committee on Judiciary offered the following substitute to HR 464:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain bingo games operated by nonprofit organizations shall be legal in Georgia; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II, Paragraph IV of the Constitution is hereby amended by striking the period at the end thereof and inserting in lieu thereof the following:
", except that the operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24-hour period or $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall be legal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization. No organization shall be deemed a nonprofit organization except a tax exempt organization within the meaning of the Internal Revenue Code or the Georgia

JOURNAL OF THE SENATE,
Income Tax Law as such Code and such Law are now or hereafter amended. No organization shall be deemed a nonprofit organization within the meaning of this Paragraph unless such organization shall annually file with the State Revenue Department a report of an audit by a Certified Public Accountant fully accounting for all re ceipts and expenditures of such organization, which report shall constitute a public record subject to public inspection.",
so that when so amended Paragraph IV shall read as follows:
"Paragraph IV. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the operation of a nonprofit bingo game, when the prizes given do not exceed $1,100.00 in cash or gifts of equivalent value during any 24-hour period or $2,200.00 in cash or gifts of equivalent value during any calendar week, shall not be a lottery and shall be legal in this State. A nonprofit bingo game is one which is operated by a nonprofit organization. No organization shall be deemed a nonprofit organization except a tax exempt organization within the meaning of the Internal Revenue Code or the Georgia Income Tax Law as such Code and such Law are now or hereafter amended. No organization shall be deemed a nonprofit organization within the meaning of this Paragraph unless such organization shall annually file with the State Revenue Department a report of an audit by a Certified Public Accountant fully account ing for all receipts and expenditures of such organization, which report shall constitute a public record subject to public inspection."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
. "( ) YES Shall the Constitution be amended so as to provide that certain bingo games operated by nonprofit organiza-
( ) NO tions shall be legal in Georgia?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
On the adoption of the substitute, the yeas were 41, nays 1, and the sub stitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

MONDAY, FEBRUARY 16, 1976

989

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Russell Starr Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Warren

Those voting in the negative were Senators:

Barker Brown of 47th Duncan

Hill Kennedy Robinson

Shapard Thompson Traylor

Those not voting were Senators:

Fincher

Young

On the adoption of the resolution, the yeas were 45, nays 9.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted by substitute.

Senator Lewis of the 21st moved that HR 464 be immediately transmitted to tbe House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HR 464 was immediately transmitted to the House.

SB 403. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for any agent of a consumer reporting agency to go in or upon a private residence without prior invitation from the occupant thereof for the purpose of obaining infor mation regarding a consumer's character, general characteristics or mode of living in connection with the preparation of an investigative consumer report by such consumer reporting agency.

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The Senate Committee on Consumer Affairs offered the following substitute to SB 403:

A BILL
To be entitled an Act to provide that it shall be unlawful for any agent of a consumer reporting agency to go into or upon a private residence without prior invitation from the occupant thereof for the purpose of obtaining information regarding a consumer's character, general characteristics or mode of living in connection with the prepa ration of an investigative consumer report by such consumer reporting agency; to define certain terms; to provide a penalty; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It shall be unlawful for any agent of a consumer report ing agency to go in or upon a private residence without prior invitation from the occupant thereof for the purpose of obtaining information regarding a consumer's character, general characteristics or mode of living in connection with the preparation of an investigative consumer report by such consumer reporting agency.
Section 2. (a) The term "investigative consumer report" means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or as sociates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
(b) The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kennedy of the 4th offered the following amendment: Amend the substitute offered by the Committee on Consumer Affairs

MONDAY, FEBRUARY 16, 1976

991

to SB 403 by adding on Page 2, line 11 after the word "parties." A new sentence to read as follows:
"Such report shall be furnished to the person being investi gated."

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

On the adoption of the committee substitute, the yeas were 31, nays 0, and the committee substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Poster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedv Kidd Langford Lester Lewis McDuffie McGill Overby

Those not voting were Senators:

Bond Brantley Duncan

Fincher McDowell Robinson

Pearce Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Traylor Turner Tysinger Warren
Thompson Timmons Young

On the passage of the bill, the yeas were 47, nays 0.

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

SB 480. By Senator Foster of the 50th:
A bill to provide for legislative oversight of rules and regulations of executive agencies of the State government; to provide for a short title;

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to provide for a definition; to provide for review of proposed rules and regulations of executive agencies by committees of the House and Senate.

Senators Poster of the 50th, Robinson of the 27th and Eldridge of the 7th offered the following substitute to SB 480:
A BILL
To be entitled an Act to provide for legislative oversight of rules and regulations of executive agencies of the State government; to provide for a short title; to provide for a definition; to provide for review of proposed rules and regulations of executive agencies by committees of the House and Senate; to provide for certain reports; to provide that certain rules and regulations shall contain certain statements; to provide for the review of existing rules and regulations; to provide for meeting days; to provide for the construction of this Act; to provide for pro cedures and requirements relative to the foregoing; 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. Short Title. This Act shall be known and may be cited as the "Legislative Oversight Act."
Section 2. Definition. As used in this Act, unless the context clearly requires otherwise, "executive agency" means each board, bureau, commission, department, division or officer of the executive branch of the State government authorized by law to make rules and regulations.
Section 3. Proposed Rules or Regulations, (a) It shall be the duty of the chief administrative officer of each executive agency to submit a copy of any proposed rule or regulation of such agency to the Speaker of the House of Representatives and the President of the Senate. Such submission shall be made at least 20 days prior to the effective date of such proposed rule or regulation, except in the case of emergency rules or regulations which shall be submitted as soon as possible following their promulgation and adoption.
(b) The submission required by subsection (a) hereof shall include a statement from the executive agency explaining the purpose of and the need for such proposed rule or regulation and shall cite the statutory authority of the executive agency for making the rule or regulation.
Section 4. Assignment to Committee, (a) Within seven days after receiving the submission required by Section 3 of this Act, the Speaker of the House and the President of the Senate shall assign same to an appropriate standing committee, as determined by said officers, of their respective houses for review and comment. If practicable, the review and comments of each of said committees shall be submitted to the executive agency proposing such rule or regulation at least ten days prior to the effective date of such rule or regulation. In the event said

MONDAY, FEBRUARY 16, 1976

993

committees, or either of them, fail to submit such review and comments within such time, such failure shall not be construed as an approval of such proposed rule or regulation and such review and comments shall be submitted when such committees, or either of them, complete the study of such proposed rule or regulation.

(b) The executive agency proposing such rule or regulation shall not be bound by the review and comments of the committees, but shall take such reviews and comments into consideration in the evaluation of such rules and regulations.

(c) The committees to which such proposed rules and regulations are assigned, at the discretion of the chairmen of such committees, may meet jointly in their consideration of such proposed rules and regulations, but said committees shall each submit reviews and comments to the executive agencies as provided herein.

(d) If a committee determines that such rules or regulations do not comply with the legislative authority for such rules or regulations or violates the legislative intent in enacting such legislation the committee shall notify the executive agency adopting such rules or regulations and the Secretary of State. If such executive agency places such rules or regulations into effect all printed copies of such rules or regulations shall be followed by the following language: "It is the opinion of the (name of the committee) that this rule does not comply with the legisla tive authority for such rule or regulation or violates the intent of the General Assembly in enacting the statutory authority for this rule or regulation."
Section 5. Reports to the General Assembly. It shall be the duty of each of the standing committees to which proposed rules and regula tions of executive agencies are assigned to compile a report annually which shall include a copy of proposed rules and regulations considered during the immediately preceding calendar year along with the reviews and comments of said committee on said rules and regulations. Said report shall also include any recommendations the committee may make relative to statutory changes that should be made as a result of the consideration of such rules and regulations. Said reports shall be sub mitted to the Governor, the executive agencies and to each member of the General Assembly during the first week of each regular session of the General Assembly and shall cover proposed rules and regulations considered during the immediately preceding calendar year.

Section 6. Review of Existing Rules and Regulations. Each stand ing committee of the House of Representatives and the Senate is hereby authorized to meet from time to time to review existing rules and regula tions of executive agencies. The findings and recommendations of said committees shall be submitted to the Governor, the executive agencies and to each member of the General Assembly and may be submitted at any time or may be included as a part of the annual reports provided for by Section 5 of this Act.
Section 7. Number of Meeting Days. For each House committee the Speaker of the House shall designate the number of days during a calen-

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dar year such committee may meet for the purposes of this Act, and for each Senate committee the President of the Senate shall designate such number of days for such purposes.

Section 8. Construction. The provisions of this Act are hereby declared to be cumulative of and supplemental to the provisions of the Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, and not in lieu of the provisions of said Act.

Section 9. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McDowell of the 2nd offered the following amendment:
Amend the substitute offered by Senators Foster of the 50th, Robinof the 27th and Eldridge of the 7th to SB 480 by adding on line 17, Page 4, after word "purposes" the following:
"but no less than once each calendar month in addition to regu lar standing committee's called meetings on the same subject."

On the adoption of the amendment offered by Senator McDowell of the 2nd to the substitute, the yeas were 36, nays 0, and the amendment was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend the substitute offered by Senators Foster of the 50th, Robin son of the 27th and Eldridge of the 7th to SB 480 by inserting on Page 1, line 9, after the word "days", the following:
"; to provide for the employment of personnel and their powers, duties, authority and compensation";
and
by adding on Page 4, following Section 7, a new Section 8 to read as follows:
"Section 8. The Legislative Services Committee is hereby au thorized to employ such personnel as may be necessary or convenient to carry out the purposes and provisions of this Act. The compensa tion, powers, duties and authority of such personnel shall be fixed by the Legislative Services Committee or in such manner as shall be specified by the Legislative Services Committee.";
and
by renumbering Sections 8 and 9 as Sections 9 and 10, respectively.

MONDAY, FEBRUARY 16, 1976

995

On the adoption of the amendment offered by Senator Robinson of the 27th to the substitute, the yeas were 37, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren

Voting in the negative was Senator McGill.

Those not voting were Senators:

Hamilton of 34th

Thompson

Young

On the passage of the bill, the yeas were 52, nays 1.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

Senator Stephens of the 36th moved that the following bill of the Senate be committed to the Committee on Consumer Affairs:

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SB 495. By Senator McDowell of the 2nd:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that it shall be unlawful to publish, print, sell, transport, distribute, or possess certain printed material.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 495 was committed to the Committee on Consumer Affairs.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 496. By Senator Foster of the 50th:
A bill to require State agencies to perform energy consumption analyses as part of the construction or renovation of certain facilities; to provide legislative findings; to provide a declaration of policy; to provide defi nitions; to require life-cycle cost analyses and energy conservation prac tices for certain facilities.

The Senate Committee on Consumer Affairs offered the following substitute to SB 496:
A BILL
To be entitled an Act to require State agencies to require energy consumption analyses as part of the construction or renovation of certain facilities; to provide legislative findings; to provide a declaration of policy; to provide definitions; to require life-cycle cost analyses and energy conservation practices for certain facilities; to specify certain elements of such life-cycle cost analyses; to provide for certification of such life-cycle cost analyses; to provide exceptions; to provide for the selection of the design for certain facilities; to designate the responsi bility for dissemination and performance of the provisions of this Act; to provide for the compensation of design professionals; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The General Assembly hereby finds:
(1) that State-owned and assisted facilities have a significant im pact on the State's consumption of energy;
(2) that energy conservation practices adopted for the design, con struction, and utilization of these facilities will have a beneficial effect on the State's overall supply of energy;
(3) that the cost of the energy consumed by these facilities over the life of the facilities must be considered, in addition to the initial cost of constructing such facilities; and

MONDAY, FEBRUARY 16, 1976

997

(4) that the cost of energy is significant and facility designs must take into consideration the total life-cycle cost, including the initial construction cost, and the cost, over the economic life of the facility, of
the energy consumed, and of operation and maintenance of the facility as it affects energy consumption.

(b) The General Assembly declares that it is the policy of the State of Georgia to insure that energy conservation practices are employed in the design of State-owned and assisted facilities. To this end the General Assembly encourages State agencies to analyze the cost of energy con sumption of each facility constructed or each major facility constructed or renovated, over its economic life, in addition to the initial construction or renovation cost.

Section 2. For purposes of this Act the term
(a) "State agency" means the State or any board, bureau, com mission, institution, or other agency of the State;

(b) "facility" means any building or facility on which design is initiated after the effective date of this Act;

(c) "major facility" means any facility of 40,000 or more gross square feet;

(d) "State facility" means a facility constructed by a State agency;

(e) "major State facility" means a.major facility constructed or renovated by a State agency;

(f) "State-assisted facility" means a facility constructed in whole or in part with State funds or with funds guaranteed or insured by a State agency or a facility any part of the cost of which is eligible for State reimbursement;

(g) "major State-assisted facility" means a major facility con structed or renovated, in whole or in part with State funds or with funds guaranteed or insured by a State agency or a major facility any part of the cost of which is eligible for State reimbursement;

(h) "initial cost" means the required cost necessary to construct a facility or construct or renovate a major facility;

(i) "economic life" means the projected or anticipated useful life of a facility which shall not be less than twenty years;

(j) "life-cycle cost" means the cost of a facility including its initial cost, and the cost, over the economic life of the facility, of the energy consumed and of operation and maintenance of the facility as it affects energy consumption;

(k) "energy consumption analysis" means the evaluation of all energy consuming systems and components by demand and type of

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energy, including the internal energy load imposed on a facility by its occupants, equipment and components, and the external energy load imposed on the facility by climatic conditions;

(1) "renovation" means physical changes to a major facility that substantially affect the energy consumption of such facility; and

(m) "energy budget" means the energy consumption specifications that the State agency requires to be met in the design of a facility.

Section 3. (a) The construction of State facilities, the construc tion and renovation of major State facilities, and programs for the construction of State-assisted facilities and the construction and reno vation of major State-assisted facilities shall be carried out by State agencies in such a manner as to further the policy declared herein, in suring that life-cycle cost analyses and energy conservation practices are employed in new State-owned and assisted facilities and in new or renovated major State-owned and assisted facilities.
(b) Each State agency having jurisdiction over any State-owned or assisted facilities' construction program shall evaluate each project, and if consistent with good architectural, engineering, and economic practice, require life-cycle cost analysis and the issuance of an energy budget. Nothing in this Act shall deprive or limit any State agency which has review authority over design or construction plans from re quiring a life-cycle cost analysis.
(c) Such life-cycle cost analysis shall include, but not be limited to, the following:
(1) the coordination, orientation and positioning of the facility on its physical site;
(2) the amount and type of fenestration employed in the facility;
(3) thermal characteristics of the building envelope and the thermal effectiveness of insulation incorporated in the facility design;

(4) the variable occupancy and operating conditions of the facility, including illumination levels;

(5) architectural features which affect energy consumption; and

(6) an energy consumption analysis of the major facility's heating, ventilating, and air-conditioning system, lighting system, and all other energy-consuming systems. The energy consumption analysis of the operation of energy-consuming systems in the major facility should in clude, but not be limited to:
(i) the comparison of two or more system alternatives;
(ii) the simulation or engineering evaluation of each system over

MONDAY, FEBRUARY 16, 1976

999

the entire range of operation of the major facility for a year's operating period; and

(iii) the engineering evaluation of the energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs.

(d) The life-cycle cost analysis performed for each major facility shall provide, but not be limited to, the following information:

(1) the initial estimated cost of each energy-consuming system being compared and evaluated;

(2) the estimated annual operating cost of all utility requirements;

(3) the estimated annual cost of maintaining each energy-consuming system; and
(4) the average estimated replacement cost for each system ex pressed in annual terms for the economic life of the major facility.

(e) The design criteria and an energy budget for each facility shall be issued to the design consultant by the chief executive of the State agency having jurisdiction over the design of the facility. The chief executive may develop the design criteria and energy budget in con junction with the design consultant. The chief executive shall verify that there has been compliance with the design criteria and the energy budget prior to final approval of the plans and specifications. The con tract with the design consultant shall require compliance with the energy
budget.

(f) The life-cycle cost analysis shall be performed by an architect registered to practice in Georgia or a professional engineer registered to practice in Georgia to whom the Director of Facilities Management of the Office of Planning and Budget makes no exception.

(g) Provided, however, that in order to protect the integrity of historic buildings, no provision of this Act shall be interpreted to require such analysis with respect to any property eligible for, nominated to, or entered on the National Register of Historic Places, pursuant to the National Preservation Act of 1966, P.L. 89-665; any historic building which is a part of the Heritage Trust Program; nor any State-owned or State-assisted historic property.

(h) Selection of the optimum system or combination of systems to be incorporated into the design of the major facility shall be based on the life-cycle cost analysis over the economic life of the facility.

Section 4. The chief executives of all State agencies shall be re sponsible for dissemination and effective performance of the policy established by this Act.

Section 5. The State shall compensate the design professionals for

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the cost of life-cycle analysis; provided, however, that the amount of such compensation shall be approved by the Director of Facilities Man agement of the Office of Planning and Budget.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the sub stitute 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Barnes Brown of 47th

Hamilton of 34th Holloway (presiding)

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young
Hudson Thompson

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Starr of the 44th assumed the Chair.

MONDAY, FEBRUARY 16, 1976

1001

SB 504. By Senators Holloway of the 12th, Garrard of the 37th, Coverdell of the 40th and others:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended, so as to change the provisions relating to vouchers; to provide that members of the General Assembly shall certify that vouchers are true and correct and to make it a crime to certify falsely.

Senator McDowell of the 2nd offered the following amendment:
Amend SB 504 by adding a new Section 2 to read as follows:
"If any member is tried by the Judicial System of the State of Georgia and found not guilty or his case dropped by the prosecution, he shall then not be subjected to any additional charges or accusa tions by anyone.";
and renumber Section 2 as Section 3.

On the adoption of the amendment, Senator Holloway of the 12th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Dean of 6th Fincher Gillis Hamilton of 34th Hill Holley Hudgins Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill

Pearce Riley Russell Sutton Timmons Traylor Young

Those voting in the negative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 31st Doss Duncan Eldridge Foster Garrard Hamilton of 26th Holloway Howard Hudson

Overby Reynolds Robinson Shapard Stephens Stumbaugh Tate Tysinger Warren

Those not voting were Senators:

Barnes Starr (presiding)

Summers Thompson

Turner

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 22, nays 29, and the amendment offered by Senator McDowell of the 2nd to SB 504 was lost.

Senator Pearce of the 16th offered the following amendment:
Amend SB 504 by adding a new paragraph at the end of Section 1 to read as follows:
"If upon audit, expense allowances of any member of the General Assembly are questioned or found in error, then the appro priate committee of the House or Senate shall give the member whose expense allowance is questioned or found to be in error the opportunity to explain the questioned, voucher and reimburse the State of Georgia for any sums that may be questioned."

On the adoption of the amendment offered by Senator Pearce of the 16th, the yeas were 46, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th
Brown of 47th
'Carter
Coverdell
Dean of 6th Dean of 31st
Doss Duncan
Eldridge Fincher
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard
Hudgins
Hudson
Kennedy
Kidd Langford
Lester Lewis
McDowell McDuffie
McGill
Overby

Pearce Reynolds Riley Robinson Russell Shapard Stephens
Stumbaugh
Summers
Sutton
Tate Timmons
Traylor Turner
Tysinger Warren
Young

Not voting were Senators Barnes, Starr (presiding) and Thompson.

On the passage of the bill, the yeas were 53, nays 0.

MONDAY, FEBRUARY 16, 1976

1003

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

The President resumed the Chair.

SR 320. By Senators Hudgins of the 15th and Pearce of the 16th:
A resolution authorizing the conveyance of certain State-owned real property located within Muscogee County to the City of Columbus; authorizing the sale and transfer of certain State-owned surplus per sonal property to the City of Columbus.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barnes Fincher

Russell

Thompson

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
Senator Robinson of the 27th moved that the following bill of the Senate, which was passed previously today, be immediately transmitted to the House:

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JOURNAL OF THE SENATE,

SB 480. By Senator Foster of the 50th:
A bill to provide for legislative oversight of rules and regulations of executive agencies of the State government; to provide for a short title; to provide for a definition; to provide for review of proposed rules and regulations of executive agencies by committees of the House and Senate.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 480 was immediately transmitted to the House.
The following general bill of the House, favorably reported by the commit tee, was read the third time and put upon its passage:

HB 405. By Representatives McKinney of the 35th, Sheats of the 28th, Scott of the 37th and others: Senate Sponsor: Senator Brantley of the 56th.
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to authorize the sale of distilled spirits, malt beverages or wine during certain hours in certain establishments on Sundays in all municipalities in this State having populations of not less than 300,000.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Doss Eldridge

Foster Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kidd McDowell Pearce Riley

Those voting in the negative were Senators:

Ballard Brown of 47th Dean of 31st Duncan Fincher Garrard Gillis

Hill Hudson Kennedy Langford Lester Lewis McDuffie

Russell Stephens Stumbaugh Summers Sutton Tate Traylor Turner Tysinger Warren Young
Overby Reynolds Robinson Shapard Starr Timmons

MONDAY, FEBRUARY 16, 1976

1005

Not voting were Senators Barnes, McGill and Thompson.

On the passage of the bill, the yeas were 33, nays 20.

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

The President announced that the Senate would stand in recess from 12:50 o'clock P. M. until 2:00 o'clock P. M. today.

At 2:00 o'clock, P. M., Senator Holloway of the 12th, President Pro Tempore, called the Senate to order.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 490. By Representative Miles of the 86th: Senate Sponsor: Senator Starr of the 44th.
A bill to amend Section 92-3106 (a) of the Code of Georgia of 1933, as amended, particularly by Ga. Laws 1971, p. 605, 609, relating to per sonal exemptions for income tax purposes so as to provide for a more explicit explanation of the allowable personal exemptions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators Ballard and Dean of 6th.

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Barker Bond Dean of 31st Duncan

Fincher Hamilton of 34th Holloway (presiding) Hudgins

McDowell Pearce Summers Sutton

On the passage of the bill, the yeas were 42, nays 2.

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

HB 529. By Representative Knight of the 67th: Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the credit to be allowed for returned property; to provide a procedure for granting of such credit.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Robinson.

Those not voting were Senators:

Barker Bond Dean of 31st Duncan

Holloway (presiding) Hudgins McDowell

Pearce Summers Sutton

On the passage of the bill, the ayes were 45, nays 1.

MONDAY, FEBRUARY 16, 1976

1007

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

HB 1387. By Representative Adams of the 14th: Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act relating to the manufacture, sale and taxing of wine so as to provide that certain records pertaining to wine brands, ship ments and sales shall be open to public inspection.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Reynolds Riley

Those not voting were Senators:

Barker Bond Duncan

Hill Holloway (presiding) Hudgins

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young
McDowell Pearce Sutton

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1388. By Representative Adams of the 14th: Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that certain records pertaining to distilled spirits brands, shipments and sales shall be open to public inspection.

1008

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Poster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Reynolds Riley

Those not voting were Senators:

Barker Bond Dean of 31st Duncan

Fincher Hill Holloway (presiding) Hudgins

Robinson Russell Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren Young
McGill Pearce Summers Sutton

On the passage of the bill, the yeas were 44, nays 0.

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

HB 1389. By Representative Adams of the 14th: Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages so as to provide that certain records pertaining to malt beverage brands, shipments and sales shall be open to public inspection.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 16, 1976

1009

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Bond Broun of 46th Dean of 31st

Duncan Hill Holloway (presiding)

Hudgins McGill Pearce

On the passage of the bill, the yeas were 46, nays 0.

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

HB 1544. By Representatives Egan of the 25th, Walker of the 115th, Lane of the 81st and others:
Senate Sponsor: Senator Langford of the 51st.
A bill to amend an Act entitled "An Act to authorize the investment or reinvestment from time to time of the proceeds of bonds issued by any county, municipality, school district or other political subdivision of this State; to define the securities in which such funds may be invested or reinvested".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes

Bell Bond Brantley

Broun of 46th Brown of 47th Carter

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JOURNAL OF THE SENATE,

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley Robinson

Russell Shapard Starr Stephens Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Barker Hill

Holloway (presiding) Hudgins

McGill Stumbaugh

On the passage of the bill, the yeas were 49, nays 1.

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

HB 1562. By Representatives Carlisle of the 71st and Lambert of the 112th: Senate Sponsor: Senator Starr of the 44th.
A bill to amend Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1976.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond
Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss
Duncan Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th
Hill Holley

Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

MONDAY, FEBRUARY 16, 1976

1011

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Holloway (presiding)

Hudgins

McGill

On the passage of the bill, the yeas were 53, nays 0.

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

Senator Thompson of the 32nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing the following bill of the House previously today:

HB 405. By Representatives McKinney of the 35th, Sheats of the 28th, Scott of the 37th and others:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to authorize the sale of distilled spirits, malt beverages or wine during certain hours in certain establishments on Sundays in all municipalities in this State having populations of not less than 300,000.

The following general bill and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1585. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others: Senate Sponsor: Senator Garrard of the 37th.
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965" so as to change the membership of the Board of Directors of the Authority.

The Senate Committee on Transportation offered the following substitute to HB 1585:
A BILL
To be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965

1012

JOURNAL OP THE SENATE,

(Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), and an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), so as to change the membership of the Board of Directors of the Authority; to provide for time of appoint ment, compensation, terms of office, and limitations on holding other office for appointed members of the Board; to change the voting pro visions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965. p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966. p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), and an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), is hereby amended by striking subsection (a) of Section 6 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows:

"(a) The Board of Directors of the Authority shall be composed of fourteen members. Four members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; three members shall be residents of DeKalb County to be appointed by the local governing body thereof; two members shall be residents of Fulton County to be appointed by the local governing body thereof; one member shall be a resident of Clayton County to be appointed by the local governing body thereof; and one member shall be a resident of Gwinnett County to be appointed by the local governing body thereof. Three members, representing the State, shall be as follows: the Commissioner of the Department of Trans portation who shall be an ex officio member; the State Revenue Commissioner who shall be an ex officio member; and the Executive Director of the State Properties Commission who shall be an exofficio member.
The initial terms of the four members added by the above paragraph shall be as follows: the member from DeKalb County to be appointed by the local governing body of DeKalb County shall be appointed no later than sixty days after the effective date of this subsection for a term ending December 31, 1978, and shall take office immediately upon appointment; the Commissioner of the De partment of Transportation, the State Revenue Commissioner and the Executive Director of the State Properties Commission shall be come members of the Board on the effective date of this subsection and shall serve while holding their State offices.
Except as provided above, all appointments shall be for terms

MONDAY, FEBRUARY 16, 1976

1013

of four years except that a vacancy caused otherwise than by ex piration shall be filled for the unexpired portion thereof by the local governing body which made the original appointment to the vacant position, or its successor in office. A member of the Board may be appointed to succeed himself. Appointments to fill expiring terms shall be made by the local governing body prior to the expira tion of the term, but such appointments shall not be made more than thirty days prior to the expiration of the term."

Section 2. Said Act is further amended by adding at the beginning of the first sentence of Section 6(d), the following:

"Except for the ex officio members of the Board,",

so that when so amended, Section 6(d) shall read as follows:

"(d) Except for the ex officio members of the Board, no person shall be appointed as a member of the Board who holds any other public office or public employment except an office in the reserves of the armed forces of the United States or the National Guard; any member who accepts or enters upon any other public office or public employment shall be disqualified thereby to serve as a member."

Section 3. Said Act is further amended by striking in Section 6(f), the following:

"Each member",

and substituting in lieu thereof, the following:

"Each appointed member",

so that when so amended, Section 6(f) shall read as follows:

"Each appointed member of the Board shall be paid by the Au thority the sum of fifty dollars for each official meeting of the Board he attends, but he shall not be paid more than five hundred dollars for meetings attended in any one calendar month. A member of the Board shall also be reimbursed for actual expenses incurred by him in the performance of his duties as authorized by the Board. A Board member shall not be allowed employee benefits authorized
under Section 8(b)."

Section 4. Said Act is further amended by striking in Section 6(h), the following:
"The Board shall hold at least one meeting each month. The Secretary of the Board shall give written notice to each member of the Board at least two days prior to any called meeting that may be scheduled, and said Secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for his giving notice as above. One more than a majority of the total membership of the

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JOURNAL OF THE SENATE,

Board, as it may exist at the time, shall constitute a quorum. A majority of the quorum present at a meeting may exercise all the powers and perform all the duties of the Board, except as otherwise hereinafter provided or as limited by its bylaws, and no vacancy on the original membership of the Board, or thereafter, shall impair the power of the Board to act.",

and substituting in lieu thereof, the following:

"(h) The Board shall hold at least one meeting each month. The Secretary of the Board shall give written notice to each member of the Board at least two days prior to any called meeting that may be scheduled, and said Secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for his giving notice as above. One more than a majority of the total membership of the Board, as it may exist at the time, shall constitute a quorum. On any question presented, the number of members present shall be recorded. By affirmative vote of a majority of the members present, the Board may exercise all the powers and perform all the duties of the Board, except as otherwise hereinafter provided or as limited by its bylaws, and no vacancy on the original membership of the Board, or thereafter, shall impair the power of the Board to act."

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 8, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st

Doss Duncan Eldridge Pincher Poster Garrard Hamilton of 26th Hill Holley Howard Kennedy

Kidd Langford Lester Lewis McDowell Overby Reynolds Riley Russell Shapard Starr

MONDAY, FEBRUARY 16, 1976

1015

Stumbaugh Summers Sutton

Thompson Timmons Turner

Tysinger Warren Young

Those voting in the negative were Senators:

Bond Dean of 6th Gillis Hamilton of 34th

Hudgins Hudson McDuffie Pearce

Stephens Tate Traylor

Those not voting were Senators:

Holloway (presiding)

McGill

Robinson

On the passage of the bill, the yeas were 42, nays 11.

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

The President resumed the Chair.

HR 534. By Representative Cox of the 141st:
A resolution authorizing the conveyance of certain real property located in Decatur County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge Fincher Foster Garrrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson

1016
Russell Shapard Starr Stephens Stumbaugh

JOURNAL OF THE SENATE,

Summers Sutton Tate Thompson Timmons

Traylor Turner Tysinger Warren Young

Not voting were Senators Banks and Duncan.

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 583. By Representatives Kreeger and Burruss of the 21st, Wilson, Cooper and Howard of the 19th, and Harrison and Nix of the 20th:
A resolution authorizing the lease of a certain tract of State-owned property.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss
Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis
McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons
Traylor Turner Tysinger Warren Young-

Voting in the negative were Senators Banks and Duncan.

On the adoption of the resolution, the yeas were 54, nays 0.

MONDAY, FEBRUARY 16, 1976

1017

The resolution, having received the requisite constitutional majority, was adopted.

Senator Barnes of the 33rd moved that the following resolution of the Senate be tabled:

SR 257. By Representative Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a Court of Criminal Appeals and to change the jurisdiction of the Supreme Court and the Court of Appeals; to provide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SR 257 was tabled.

The following general resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 306. By Senators Broun of the 46th and Holloway of the 12th: A resolution creating the State Computers 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby
Pearce

Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
Young

1018

JOURNAL OF THE SENATE,

Those not voting were Senators:

Duncan Holley

Holloway Hudgins

Robinson

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 316. By Senator Kidd of the 25th:
A resolution commending Mr. James C. Hogan and designating the Ingram Building at Central State Hospital as the "Ingram-Hogan Building".
Senator Kidd of the 25th offered the following substitute to SR 316:
A RESOLUTION
Commending Mr. James C. Hogan and designating the Ingram Build ing at Central State Hospital as the "Ingram-Hogan Building"; and for other purposes.
WHEREAS, Mr. James C. Hogan began work in the Pood Service Department at Central State Hospital, then known as the Milledgeville State Hospital, on June 16, 1937; and
WHEREAS, Mr. Hogan later was one of the first food service employees to serve a meal in the new kitchen at Central State Hospital, and later was to serve faithfully as an attendant in the Bostick Building and the Whittle Building; and
WHEREAS, Mr. Hogan, realizing the importance of education in advancing himself in his work, subsequently enrolled in night school after having been out of school for 23 years, received his G.E.D. diploma in two years, and was thereupon promoted to Attendant II; and
WHEREAS, Mr. Hogan retired in 1972 after almost 35 years of dedicated service to Central State Hospital and the State of Georgia; and
WHEREAS, Mr. Hogan has served as President of the Harrisburg School PTA and due to his outstanding leadership the first community playground in the Harrisburg and Scottsborough Communities was organized; and
WHEREAS, Mr. Hogan was appointed in 1970 by the Grand Jury of Baldwin County to the Baldwin County Board of Education and was later elected to a full term of office on said board, where he has tirelessly worked for the best interest of his community.

MONDAY, FEBRUARY 16, 1976

1019

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Mr. James C. Hogan is hereby com mended for his significant contributions to Central State Hospital and to Baldwin County and in lasting tribute the Ingram Building at Central State Hospital is hereby named and designated as the "Ingram-Hogan Building".

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mr. James C. Hogan and to the Commissioner of the State Department of Human Resources.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st
Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd
Langford Lewis McDowell McDuffie McGill Pearce

Reynolds Riley Robinson Russell Shapard
Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Hudgins Lester

Overby

Thompson

On the adoption of the resolution, the yeas were 52, nays 0.

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

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JOURNAL OF THE SENATE,

SR 324. By Senator McGill of the 24th:
A resolution authorizing the conveyance of certain State-owned real property located within Wilkes County to the City of Washington; authorizing the sale and transfer of certain State-owned surplus personal property to the City of Washington.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill
Overby

Those not voting were Senators:

Banks Lester

Starr

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Timmons

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 329. By Senator Brown of the 47th:
A resolution authorizing the conveyance of certain State-owned real property located within Franklin County to the City of Royston; au thorizing the sale and transfer of certain State-owned surplus personal property to the City of Royston.

MONDAY, FEBRUARY 16, 1976

1021

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Foster Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Warren Young

Those not voting were Senators:

Fincher Hamilton of 34th Hudgins

Lester Overby Starr

Timmons Traylor

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the Senate, having been read the third time and passed on February 13, and previously reconsidered today, was put upon its passage:

SB 567. By Senator Duncan of the 30th:
A bill to amend an Act authorizing counties and certain municipalities to levy a local income tax under certain conditions, so as to change the provisions relative to the referendum election to authorize the levy of such tax; to provide an effective date.

1022

JOURNAL OF THE SENATE,

Senator Ballard of the 45th offered the following substitute to SB 567:

A BILL

To be entitled an Act to amend an Act authorizing counties and cer tain municipalities to levy a local income tax under certan conditions, approved March 21, 1974 (Ga. Laws 1974, p. 506), so as to change the provisions relative to the referendum election to authorize the levy of such tax; to delete a provision limiting the applicability of the tax im posed by said Act; 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 authorizing counties and certain municipalities to levy a local income tax under certain conditions, approved March 21, 1974 (Ga. Laws 1974, p. 506), is hereby amended by striking the proviso which appears at the end of Section 1 which reads as follows:

", provided, however, that any natural person whose gross in come is less than $7,500.00 in any year shall not be subject to any tax imposed hereunder for such year.",

and by inserting a period immediately following the word "amended" where the same appears immediately preceding such stricken language so that when so amended Section 1 shall read as follows:

"Section 1. Subject to the requirement of a referendum election as provided by Section 2 of this Act, the herein designated govern ing authorities of any county or municipality of this State, by ordi nance or resolution enacted pursuant to the procedure set forth in this Act, may adopt a local income tax at the rate of one percent upon the entire Georgia taxable net income, as defined in Georgia Code Section 92-3107 (Ga. Laws 1971, pp. 605, 613), of every natural person resident of such county or municipality and of every corpo ration and fiduciary, with respect to so much of its Georgia taxable net income as is reasonably attributable to property owned and business done by it within such county or municipality, to be de termined by application of the three factor ratio provided for in Georgia Code Section 92-3113 (Ga. Laws 1950, pp. 299, 300), as
amended."

Section 2. Said Act is further amended by striking from Section 2 the following: "more than 50 percent of the electors qualified to vote at such election cast a ballot therein and if", and by striking the word "Ordinary" wherever the same appears and inserting in lieu thereof the words, "election superintendent", so that when so amended Section 2
shall read as follows:

"Section 2. Whenever the governing authority of any county wishes to impose the local income tax authorized by this Act, said governing authority shall notify the election superintendent or elec tion board chairman of such county of the desire to impose such

MONDAY, FEBRUARY 16, 1976

1023

tax, and it shall be the duty of the election superintendent or elec tion board chairman to issue the call for an election for the purpose of submitting the question of the imposition of such tax to the voters of said county for approval or rejection. The election super intendent or election board chairman shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call, but in no event later than the first day of June of any calendar year. The election superintendent or election board chairman 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 said county. The ballot shall have written or printed thereon the following:

'( ) YES Shall (name of County) County levy a ( ) NO local income tax?'

All persons desiring to vote in favor of levying such tax shall vote 'Yes', and those persons opposed to levying such tax shall vote 'No'. If more than one-half of the votes cast on such question are in favor of levying such tax, then such tax may be levied in ac cordance with the provisions of this Act, otherwise such tax may not be levied, and the question of the imposition of such tax may not again be submitted to the voters of said county within 24 months immediately following the month in which such election was held. It shall be the duty of the election superintendent or election board chairman to hold and conduct such election under the same rules and regulations as govern special elections, except as otherwise provided herein. It shall be his further duty to canvass the returns and declare and certify the result of the election to certify the result thereof to the Secretary of State and to the State Revenue Commis sioner. The expense of any such election shall be borne by the county wherein the election was held."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

On the adoption of the substitute, the yeas were 40, nays 1, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Bell Bond Brantley

Brown of 47th Carter Coverdell

1024

JOURNAL OP THE SENATE,

Doss Duncan Eldridge Fincher Foster Hamilton of 26th Hamilton of 34th Holloway

Howard Langford Lester Overby Pearce Riley Shapard Stumbaugh

Summers Tate Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barnes Broun of 46th Dean of 6th Dean of 31st Garrard Gillis Hill
Holley

Hudson Kennedy Kidd Lewis McDowell McDuffie McGill

Reynolds Robinson Russell Starr Sutton Thompson Traylor

Those not voting were Senators Hudgins and Stephens.

On the passage of the bill, the yeas were 32, nays 22.

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

The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 539. By Senators Tate of the 38th, Hamilton of the 34th, Dean of the 6th and others:
A bill to amend Code Section 68A-202, relating to the meaning of traffic signal indications, as amended, so as to provide that traffic, except pedestrians, facing a steady circular red signal, after stopping, may make a left turn into a one-way street on which the traffic moves toward the driver's left, under certain conditions.

The Senate Committee on Transportation offered the following substitute to SB 539:
A BILL
To be entitled an Act to amend Code Section 68A-202, relating to the meaning of traffic signal indications, as amended, so as to provide that traffic, except pedestrians, facing a steady circular red signal, after stopping, may make a left turn from a one-way street onto a one-way

MONDAY, FEBRUARY 16, 1976

1025

street on which the traffic moves toward the driver's left, under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 68A-202, relating to the meaning of traffic signal indications, as amended, is hereby amended by adding at the end of paragraph (3) of subsection (c) of said Code Section the following:
"Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subsection (1), may make a left turn from a one-way street onto a one-way street on which the traffic moves toward the driver's left but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a left turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such left turn.",
so that when so amended, paragraph (3) of subsection (c) of Code Sec tion 68A-202 shall read as follows:
"(3) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subsection (1), may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a right turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such right turn. Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in sub section (1), may make a left turn from a one-way street onto a one way street on which the traffic moves toward the driver's left but shall yield the right-of-way to pedestrians and other traffic pro ceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a left turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such left turn."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

1026

JOURNAL OF THE SENATE,

Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Hill Holley

Holloway Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson

Russell Shapard Starr Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators :

Garrard Howard

Hudgins Pearce

Stephens

On the passage of the bill, the yeas were 51, nays 0.

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

SR 274. By Senators Holloway of the 12th, Garrard of the 37th, Coverdell of the 40th and others:
A resolution creating a committee to study and revise Code Title 47 and other laws relative to the legislative branch of government.

Senator Holloway of the 12th offered the following amendment:
Amend SR 274 by adding on Page 1, line 26, after the word "Coun sel" and before the word "shall" the following:
", the Clerk of the House of Representatives, and the Secretary of the Senate".

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

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, a roll call was taken, and the vote was as follows:

MONDAY, FEBRUARY 16, 1976

1027

Those voting in the affirmative were Senators:

Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator McDowell.

Those not voting were Senators:

Ballard Barker Fincher

Foster Hill Howard

Hudgins Pearce Russell

On the adoption of the resolution, the ayes were 46, nays 1.

The resolution having received the requisite constitutional majority, was adopted as amended.

HB 1304. By Representative Pinkston of the 100th: Senate Sponsor: Senator Duncan of the 30th.
A bill to amend Code Section 41A-1305 relating to acceptances, so as to change the time within which the acceptance of drafts shall be permitted; 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes

Bell Brantley Broun of 46th

Brown of 47th Carter Coverdell

1028

JOURNAL OF THE SENATE,

Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill
Overby Reynolds Riley Robinson Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Ballard Bond Foster

Garrard Hill Hudgins

Pearce Russell
Young

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A. M. tomorrow, and the motion prevailed.

At 3:40 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 17, 1976

1029

Senate Chamber, Atlanta, Georgia Tuesday, February 17,1976

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was called to order by the President Pro Tempore, Senator Holloway of the 12th.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

Senator Thompson of the 32nd moved that the Senate reconsider its action of February 16 in passing the following bill of the House:

HB 405. By Representatives McKinney of the 35th, Sheats of the 28th, Scott of the 37th and others:
Senate Sponsor: Senator Brantley of the 56th.
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to authorize the sale of distilled spirits, malt beverages or wine during certain hours in certain establishments on Sundays in all municipalities in this State having populations of not less than 300,000.

On the motion, Senator Thompson of the 32nd called for the yeas and nays; the call was sustained, and the vote was as follows:.

Those voting in the affirmative were Senators:

Barnes Brown of 47th Dean of 31st Garrard Gillis

Hill Hudson Kennedy Lewis McGill

Overby Robinson Shapard Thompson Traylor

Those voting in the negative were Senators:

Ballard Banks Barker Bonds Brantley Broun of 46th Carter Coverdell Doss Fincher Foster

Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Kidd Langford Lester McDowell Riley

Russell Stephens Stumbaugh Summers Button Tate Turner Tysinger Warren Young

1030

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bell Dean of 6th Duncan Eldridge

Holloway (presiding) McDuffie Pearce

Reynolds Starr Timmons

On the motion, the yeas were 15, nays 31, and the motion to reconsider was lost, and HB 405 was not reconsidered.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977; to make and provide such ap propriations 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.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 659. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A bill to provide for the management of the utilization of certain types of real property by the various agencies of the executive branch of the State government; to provide for a short title; to provide for certain powers and duties of the Department of Administrative Services and for the Commissioner of said Department.

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

HB 838. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County

TUESDAY, FEBRUARY 17, 1976

1031

so as to provide the court with authority to assess fines not to exceed the sum of $500.00 for any single offense.

HB 839. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others:
A bill to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Ga. and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County so as to change certain provisions relating to fines and punishment.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 643. By Senator Barnes of the 33rd:
A bill to amend Code Section 27-418, relating to bail, so as to provide that the tender and acceptance of bail shall not waive the right of the accused in a criminal case to a commitment hearing; to provide that the accused may waive commitment hearing. Referred to Committee on Judiciary.

SB 644. By Senator Lewis of the 21st:
A bill to amend Code Section 84-202, relating to the duties and powers of the State Board of Accountancy, so 'as to authorize the board to recommend to the Secretary of State the employment or appointment of personnel, including, but not limited to an executive director, to assist the board in exercising or performing its powers, duties and obligations.
Referred to Committee on Banking, Finance and Insurance.

SB 645. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County, as amended, so as to provide designations for the offices constituting the board of commissioners. Referred to Committee on County and Urban Affairs.

SB 646. By Senators Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating a new Charter for the City of Kennesaw, Georgia, as amended, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

SB 647. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Fair Business Practices Act of 1975", so as to declare certain practices unlawful; to provide definitions. Referred to Committee on Consumer Affairs.

1032

JOURNAL OP THE SENATE,

SB 648. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of County Commissioners for Baldwin County, as amended, so as to change the provisions relating to the chairman; to provide procedures for the removal of a chairman; to change the provisions relating to compensation. Referred to Committee on County and Urban Affairs.

SB 649. By Senator Bell of the 5th:
A bill to create a committee to be entitled the "DeKalb County Citizens' Committee for Efficient Government" for the purpose of examining into and evaluating the various and existing ordinances and State laws establishing the administrative structure of DeKalb County government for the purpose of making recommendations relative to the passage of legislation.
Referred to Committee on County and Urban Affairs.

SB 650. By Senator Stephens of the 36th:
A bill to amend Code Section 84-509, relating to the scope of the practice of chiropractors, so as to provide that certain students enrolled in an approved chiropractic college may perform chiropractic tasks under the supervision of an authorized instructor duly licensed to practice chiropractic in this State.
Referred to Committee on Human Resources.

SB 651. By Senator Stephens of the 36th:
A bill to amend Code Chapter 56-31, relating to group accident and sickness insurance policies, as amended, so as to provide for coverage for persons who are physically handicapped or who are suffering from specific diseases or disabilities. Referred to Committee on Banking, Finance and Insurance.

SB 652. By Senator Hamilton of the 34th:
A bill to amend an Act creating the Board of Commissioners of Pulton County, as amended, so as to change the composition of said Board. Referred to Committee on County and Urban Affairs.

SB 653. By Senators Brantley of the 56th and Hamilton of the 34th:
A bill to amend an Act providing certain minimum standards prerequisite to the original incorporation of a municipality, as amended. Referred to Committee on County and Urban Affairs.

SB 654. By Senators Brantley of the 56th and Hamilton of the 34th:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for the government of said city; to provide for the powers, duties

TUESDAY, FEBRUARY 17, 1976

1033

and responsibilities of the city, its officers and employees; to provide for all matters connected therewith; to provide for a referendum.
Referred to Committee on County and Urban Affairs.

SR 357. By Senator Doss of the 52nd:
A resolution designating the medical-surgical building at the Northwest Georgia Regional Hospital as the "Robert Battey Surgical Building". Referred to Committee on Human Resources.

The following bill of the House was read the first time and referred to committee:

HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977, for the operation of State government. Referred to Committee on Appropriations.

The following reports of standing committees were read by the Secretary:

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bill and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 611. Do pass by substitute. SR 346. Do pass. HR 537. Do pass.
Respectfully submitted, Senator Kidd of the 25th District, Chairman

Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education has had under consideration the following bill

1034

JOURNAL OF THE SENATE,

of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 569. Do pass.

Respectfully submitted, Senator Carter of the 14th District, Chairman

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the follow ing bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions:
SR 331. Do pass. SR 349. Do pass. SR 315. Do pass. SB 603. Do pass. SB 571. Do pass by substitute. SB 621. Do pass. HB 1249. Do pass by substitute. HB 1281. Do pass. HB 1346. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 615. Do pass. HB 588. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

TUESDAY, FEBRUARY 17, 1976

1035

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:

Mr. President:

Your Committee on Public Utilities has had under consideration the following bill and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 633. Do pass.
SR 332. Do pass.
SR 339. Do pass.
SR 343. Do pass. Respectfully submitted,
Senator Brown of the 47th District, Chairman

The following bill and resolutions of the Senate and House were read the second time:

SR 27. By Senators Hamilton of the 26th, Riley of the 1st, Sutton of the 9th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide that the people of the State of Georgia shall have the power to propose, by initiative petition, statutes and amendments to statutes and amendments to the Constitution and to enact or reject them at the polls; to provide procedures and restrictions connected therewith; to provide for initiative powers of registered voters of municipalities.
SR 336. By Senators Garrard of the 37th, Kidd of the 25th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution, so as to provide that the President Pro Tempore of the Senate shall become President of the Senate in case of the death, resignation or disability of the President of the Senate; to provide for the submission of this amend ment for ratification or rejection.
HB 784. By Representative Greer of the 43rd:
A bill to amend an Act relating to malt beverage taxes so as to make it unlawful for any person, firm or corporation to possess or transport more than 1440 fluid ounces of malt beverages upon which the taxes imposed on such beverages have not been paid.
HR 527. By Representatives Culpepper of the 98th, Walker of the 115th, Smith of the 78th and others:
A resolution designating a portion of U. S. Highway 41 and a portion of U. S. Highway 341 as the "Peach Blossom Trail".

1036

JOURNAL OF THE SENATE,

The following local, uncontested bills of the Senate and House, favorably re ported by the committee, were read the third time and put upon their passage:

SB 597. By Senator Lewis of the 21st:
A bill to amend an Act creating a new charter for the City of Millen, Georgia, as amended, so as to change the election date in said city; to change the jurisdiction of the mayor's court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1593. By Representative Crawford of the 5th:
A bill to amend an Act incorporating the Town of Menlo so as to change the corporate limits of the jurisdiction of the mayor and council 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 yeas were 52, nays 0.

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

HB 1603. By Representative Howell of the 140th:
A bill to amend an Act creating the State Court of Miller County so as to change the salary of the judge of said court; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1604. By Representatives Howell of the 140th and Cox of the 141st: A bill to amend an Act creating the small claims court of Seminole

TUESDAY, FEBRUARY 17, 1976

1037

County so as to change the jurisdiction of said court; to change certain fees.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1605. By Representatives Howell of the 140th and Cox of the 141st:
A bill to amend an Act placing the clerk of the superior court of Seminole County upon an annual salary so as to change the compen sation of said 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 yeas were 52, nays 0.

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

HB 1606. By Representatives Howell of the 140th and Cox of the 141st:
A bill to abolish the present mode of compensating the coroner of Seminole County, known as the fee system; to provide in lieu thereof a salary; to provide for the payment of the operating expenses of said office; 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 yeas were 52, nays 0.

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

HB 1609. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of McDuffie County into the office of Tax Commissioner of McDuffie County so as to change the compensation provisions relative to the deputy and other personnel.

1038

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1610. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide for cost-of-living increases for the Sheriff, the Clerk of the Superior Court and the Judge of the Probate Court 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 yeas were 52, nays 0.

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

HB 1611. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act repealing an Act creating a Commissioner of Roads and Revenues for McDuffie County and creating a three-member Board of Commissioners for McDuffie County so as to change the compensation of the chairman and members of said board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1631. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County so as to change the compensation of the Chairman of the Board of Commissioners of Clayton 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 yeas were 52, nays 0.

TUESDAY, FEBRUARY 17, 1976

1039

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

HB 1632. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act creating and establishing a Small Claims Court in and for Bacon County so as to change the residency requirements 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 yeas were 52, nays 0.

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

HB 1635. By Representative Owens of the 77th: A bill to amend Code Section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to provide for the charging and collecting of mailing fees by the clerks of the superior courts in all counties of this State having a population of not less than 22,325 and not more than 22,330 according to the U.S. 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 yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1650. By Representative Reaves of the 147th: A bill to amend an Act placing the Sheriff of Brooks County on an annual salary in lieu of the fee system of compensation so as to change the provisions relative to funds for the feeding of prisoners.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 1652. By Representative Ware of the 68th:
A bill to amend an Act creating a new charter for the City of Grantville in the County of Coweta so as to create a recorder's court; to provide for the appointment of a recorder; to provide for the term of office, qualifications and compensation of the recorder.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 354. By Senator Stephens of the 36th: A bill to amend 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 authorize the Tax Commissioner of Fulton County to issue one fi. fa. for delinquent ad valorem taxes due to the City of Atlanta and Fulton County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 553. By Senator Hudson of the 35th: A bill to repeal an Act authorizing and directing the governing author ities of all municipalities with populations of 400,000 or more, according to the 1960 or any future Federal Decennial Census, to impose a license fee, not to exceed $100.00 per annum, upon each person who practices astrology for a fee.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 17, 1976

1041

HB 1457. By Representative Crawford of the 5th:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the Town of Lyerly as one of the cities and towns to which the prohibition of said Code Section does not apply; 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 yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1617. By Representatives Beck of the 148th, Patten of the 149th, Long of the 142nd and others: A bill to provide for an investigator for the District Attorney of the Southern Judicial Circuit; to provide for the compensation and ex penses of such investigator; to provide for the term of office, duties, powers and authority of the investigator.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1653. By Representative Shanahan of the 7th: A bill to amend an Act providing for a Commissioner of Gordon County (now Board of Commissioners of Gordon County) so as to change the provisions relative to certain bonds.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1673. By Representatives Foster and Wheeler of the 152nd:
A bill to amend an Act creating the office of Commissioner of Coffee County so as to change the county auditing procedures.

1042

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0.

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

HB 1677. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary in lieu of the fee system of com pensation so as to change the compensation of the Judge of the Probate Court of Clayton 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 yeas were 52, nays 0.

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

HB 1681. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Com missioner of Clayton County so as to change the compensation of the Tax Commissioner of Clayton 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 yeas were 52, nays 0.

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

HB 1684. By Representatives Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Clayton 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 yeas were 52, nays 0.

TUESDAY, FEBRUARY 17, 1976

1043

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

HB 1443. By Representatives Burton of the 47th, Richardson of the 52nd, Davis of the 56th and others:
A bill to establish the Developmental Disabilities Planning and Co ordinating Council of DeKalb County; to provide for appointment of members of the Council and their duties, powers and authority; to provide for definitions; to provide for the receipt and expenditures of moneys.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1443 by adding following the word "elected" on line 18 of Page 1 and on line 23 of Page 1 the following:
"or appointed".

On the adoption of the amendment, the yeas were 52, nays 0, and the amend ment was adopted.

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, the yeas were 52, nays 0.

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

Senator Holloway of the 12th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Foster Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

1044

JOURNAL OF THE SENATE,

Those not answering were Senators:

Barnes Dean of 31st Eldridge

Pincher Garrard Holloway (presiding)

McDuffie Riley

Senator Kennedy of the 4th introduced the chaplain of the day, Rev. John B. Carroll, pastor of the First United Methodist Church, Claxton, Georgia.

The following resolution of the Senate was read and adopted:

SR 359. By Senator Hill of the 29th: A resolution commending Tom Mann.

The President assumed the Chair.

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 584. By Representative Owens of the 77th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Columbia County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Columbia County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following new paragraph:
"The Board of Commissioners of Columbia County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Columbia County, including any incor porated municipalities in said county; and the right and power to classify businesses and business enterprises, and to assess different fees and taxes against different classes of business, excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission. The Board of Commissioners of Columbia County shall also have the right and power to license all businesses and business enterprises (which are not subject to regulation by the State Public Service

TUESDAY, FEBRUARY 17, 1976

1045

Commission) in any area of Columbia County, including any incorporated municipalities in said county, in the interest of the welfare of the citizens of Columbia County, and to prescribe rules and regulations concerning the same, and to provide that violation of any license regulation adopted by the Board of Commissioners of Columbia County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punish able upon conviction thereof as prescribed by the general laws of the State of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to pro vide that the Board of Commissioners of Colum bia County shall have the right and power to
( ) NO assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Columbia County?"

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 Para graph 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.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard

Hudgins Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

1046
Riley Robinson Russell Shapard Starr Stephens

JOURNAL OF THE SENATE,

Stumbaugh Summers Sutton Thompson Timmons

Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Brantley Brown of 47th

Gillis Hudson

McDuffie Tate

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 592. By Representatives Watson of the 114th and Waddle of the 113th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that in Houston County in addition to the county seat, branch offices may be established by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph IX of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
Notwithstanding any other provisions of this Constitution, in Houston County in addition to the county seat at which shall be located the principal offices and permanent records of all county officers, branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing authority of the county, and branch offices for the conduct of educational matters may be established elsewhere in the county by resolution of the Board of Education of Houston County. The governing authority and the board of education shall be authorized to take official action at such branch offices. No instrument shall be deemed recorded in the county until filed at the county seat according to law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

TUESDAY, FEBRUARY 17, 1976

1047

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to pro vide that in Houston County in addition to the county seat, branch offices may be established
( ) NO by the governing authority of the county for the conduct of county business and by the board of education for the conduct of matters pertaining to education?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Hamilton of 26th

Hamilton of 34th
Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Button Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Brantley Brown of 47th

Gillis Hudson

McDuffie Tate

On the adoption of the resolution, the yeas were 49, nays 0.

1048

JOURNAL OF THE SENATE,

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 594. By Representatives Whitmire, Wood and Jackson of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a merit system or civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by law for a merit system or civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County, and the General Assembly shall be further authorized to provide by law for all matters relative to such merit system or civil service system."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a merit system or civil service system
( ) NO for any or all persons, other than elected of ficials, whose wages or salaries are paid in whole or in part from the funds of Forsyth County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

TUESDAY, FEBRUARY 17, 1976

1049

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballards Banks Barker Barnes Bell
Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Riley Robinson Russell
Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Brantley Brown of 47th

Gillis Hudson

McDuffie Tate

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 595. By Representatives Lee, Bailey, West and Johnson of the 72nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Clayton County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by providing at the end thereof the following para graph :

1050

JOURNAL OF THE SENATE,

"Provided, however, that in Clayton County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to in crease the dollar amount of civil cases over which
( ) NO the Justices of the Peace of Clayton County shall have jurisdiction from two hundred dollars to five hundred dollars?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Pincher Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford

Lester Lewis McDowell McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens

TUESDAY, FEBRUARY 17, 1976

1051

Stumbaugh Summers Sutton Thompson

Timmons Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Bond Brantley Brown of 47th

Gillis Hudson

McDuffie Tate

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.
SENATE CALENDAR
Tuesday, February 17, 1976
SB 437. State Clinical Labs--not under Act controlling (AM) HR 498. Dodge County--encourage economic development SB 594. Motor Veh. Farm Machinery, Construction, Franchise--revise laws
(AM) SR 266. Pub. Serv. Comni. Mbrs--elect from comm. district for 4 years (SUB) SB 492. Financial Institutions Code--multiple party accounts (SUB) SB 573. "Peace Officer" & "Law Enforcement Unit"--redefine SB 590. Oconee Judicial Circuit Superior Court--additional judge SB 596. Student Grants Act--redefine "approved institution" (AM) SB 598. Div. of Small Business Assis.--provide within Com. Dev. Dept. SB 606. State Employed Physicians--allowed to do outside work SB 610. Elevators, Escalators--regulate SR 313. Elec. Constitutional Exec. Officer--succession after disability (SUB) SR 326. Pay Raises for State Employees--relative to SR 337. Board of Pardons & Paroles--divide into 3 member panels (SUB) HB 88. Optometrists--prohibit discrimination state boards, other (SUB) HB 782. Income Tax Laws--amend certain sections (SUB) HB 1002. Homestead Exemption--change amount HB 1314. Firemen's Pension--increase HB 1315. Firemen's Pension Fund--powers of Board of Trustees

1052

JOURNAL OF THE SENATE,

HB 1658. Insurance Premium Finance Co.--additional qualifications for license
HB 1659. Acts Made Unlawful by Insurance Code--prohibit persons from engaging

The following bill of the Senate, previously lost on February 13, 1976 and reconsidered on February 16, 1976, was put upon its passage:

SB 437. By Senators Lester of the 23rd, Gillis of the 20th, Fincher of the 54th and others:
A bill to amend an Act providing for the control and operation of clinical laboratories, approved Mar. 20, 1970 (Ga. Laws 1970, p. 531), as amended, so as to provide that the provisions of this Act shall not apply to clinical laboratories operated by the State of Georgia.

Senator Lester of the 23rd moved that the following amendment, offered by the Committee on Human Resources, previously adopted on February 13, be reconsidered:
Amend SB 437 by striking the words "State of Georgia" on Page 1, line 9, in their entirety and inserting in lieu thereof the following:
"University of Georgia School of Medicine",
and
By striking the words "the State of Georgia or" on Page 1, line 23, in their entirety and inserting in lieu thereof the following:
"the University of Georgia School of Medicine or".

On the motion, the yeas were 40, nays 1; the motion prevailed, and the com mittee amendment was reconsidered.
Senator Lester of the 23rd moved that the following amendment offered by Senator Lester of the 23rd to the committee amendment, previously adopted on February 13, be reconsidered:
Amend the committee amendment to SB 437 by striking the words:
"University of Georgia School of Medicine",
and inserting in lieu thereof the words:
"The Medical College of Georgia."

On the motion, the yeas were 40, nays 1; the motion prevailed, and the amend ment to the committee amendment was reconsidered.

TUESDAY, FEBRUARY 17, 1976

1053

Senator Lester of the 23rd asked unanimous consent to withdraw his amend ment; consent was granted, and the amendment of Senator Lester of the 23rd to the committee amendment was withdrawn.

Senator Thompson of the 32nd offered the following amendment: Amend the amendment offered by the Senate Committee on Human
Resources to SB 437 by striking the following:
" 'University of Georgia School of Medicine' ",
and inserting in lieu thereof, the following:
" 'Medical College of Georgia, and the Emory University School of Medicine' "; and by striking the following:
" 'the University of Georgia School of Medicine or' ",
and substituting in lieu thereof, the following:
" 'the Medical College of Georgia, the Emory University School of Medicine or' ".

On the adoption of the amendment, the yeas were 44, nays 1, and the amend ment to the committee amendment was adopted.

On the adoption of the committee amendment, the yeas were 44, nays 1, and the committee amendment was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell

Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis
Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Langford Lester
Lewis

1054
McDowell McDuffie McGill Overby Reynolds Riley

JOURNAL OF THE SENATE,

Robinson Russell Starr Stephens Summers Sutton

Tate Thompson Timnions Traylor Turner Young

Those voting in the negative were Senators:

Bell Hudgins Kidd

Pearce Shapard Stumbaugh

Tysinger Warren

On the passage of the bill, the yeas were 48, nays 8.

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

Senator Lester of the 23rd moved that SB 437 be immediately transmitted to the House.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 437 was immediately transmitted to the House.
The following resolution of the House, read the third time and postponed on February 13, was put upon its adoption:
HR 498. By Representative Coleman of the 118th:
A RESOLUTION
Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of new (or the expansion of existing) manufacturing, processing, storage or trans shipment facilities by authorizing the governing authority of Dodge County or any municipal corporation within Dodge County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Dodge County in transit through Dodge County from outside the State to a final destina tion outside the State and all tangible personal property grown, har vested, manufactured, processed or refined in Dodge County and stored therein for shipment outside the State; 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:

TUESDAY, FEBRUARY 17, 1976

1055

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"In order to encourage and enhance overall economic develop ment, increase employment, promote industry and commerce, provide incentives for the location of new (or expansion of existing) manu facturing, processing, storage or transshipment facilities, the govern ing authority of Dodge County or any municipal corporation within Dodge County shall have the authority to provide for the exemption from all ad valorem taxation by such governing authority of tangible personal property transported into the territorial jurisdiction of such governing authority from outside the State and of tangible personal property grown, harvested, manufactured, processed or refined in Dodge County and stored therein for shipment outside the State. Property shall not cease to be in transit within the exemption granted pursuant to this provision by virtue of the fact that while held, or while in storage, in Dodge County such property is as sembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, packaged, labeled, repackaged or relabeled. Such tangible personal property shall not be exempt from State ad valorem tax ation."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to pro vide that in order to encourage and enhance
( ) NO overall economic development, increase employ ment, promote industry and commerce, and pro vide incentives for the location of new (and the expansion of existing) manufacturing, process ing, storage and transshipment facilities, the governing authority of Dodge County or of any municipal corporation within Dodge County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Dodge County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Dodge County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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.

1056

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Poster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce

Reynolds Riley Robinson Russell Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Duncan Fincher

Hill Overby

Shapard Stumbaugh

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 594. By Senators Lester of the 23rd, Lewis of the 21st and Gillis of the 20th:
A bill to comprehensively revise and codify the laws of this State regu lating motor vehicle franchises, farm machinery franchises, and con struction equipment franchises.

Senator Lester of the 23rd offered the following amendment:
Amend SB 594 by inserting at the end of line 6 of Page 6 the following:

TUESDAY, FEBRUARY 17, 1976

1057

"if there is no sales area or similar area identified in the fran chise agreement".

By deleting from line 8 of Page 6 the figure "5" and substituting in lieu thereof the figure "10".

By adding at the end of line 26 of Page 7 the following:

"Further, no motor vehicle dealer shall be entitled to obtain dealer tags unless proof of licensure by the Commission is submitted to the appropriate agency."

By striking from line 13 of Page 10 the following:

"$15.00",

and substituting in lieu thereof the following:

"$25.00".

By striking line 33 of Page 11 in its entirety and substituting in lieu thereof the following:

"the manufacturer thereof unless voluntarily ordered by the dealer; or".

By adding at the end of line 24 of Page 14 the following:

"or political subdivision discounts".

By inserting after the word "dealer" in line 16 of Page 15, the following:

"of the same line-make of motor vehicle, construction equip ment or farm machinery".

By deleting line 23 of Page 15 in its entirety and substituting in lieu thereof the following:

"accomplished without causing a reduction in the business of".

By renumbering paragraphs 11 through 13 of subsection (f) of Section 84-6610 as paragraphs 12 through 14, respectively.

And, by inserting between lines 24 and 25 of Page 15 the following:

"(11) For any manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative to own, operate, or control any motor vehicle dealership in any community or terri tory of this State already served by a motor vehicle dealer under a

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JOURNAL OF THE SENATE,

franchise for the same line-make from such manufacturer, dis tributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory repesentative or distributor representative, provided that this Section shall not be construed to prohibit (1) the operation by a manufacturer, distributor, whole saler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representa tive of a dealership for a temporary period (not to exceed one year) during the transition from one owner or operator, or (2) the owner ship or control of a dealership by a manufacturer, distributor, whole saler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representa tive during a period while such dealership is being sold under a bona fide contract or purchase option to the operator of the dealer ship, or (3) the ownership, operation or control of a dealership by a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory repre sentative or distributor representative if such manufacturer, dis tributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative has been engaged in the retail sale of motor vehicles through such dealership for a continuous period of three years prior to the effective date of this Section, and if the Commission deter mines, after a hearing on the matter at the request of any party, that there is no independent dealer available in that community or territory to own and operate the franchise in a manner consistent with the public interest."

On the adoption of the amendment offered by Senator Lester of the 23rd, the yeas were 35, nays 0, and the amendment was adopted.

Senator Button of the 9th offered the following amendment:
Amend SB 594 by inserting on Page 3, line 9, after the word "means", the word "motorized".

On the adoption of the amendment offered by Senator Sutton of the-9th, the yeas were 8, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes

Bell Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 31st Doss

TUESDAY, FEBRUARY 17, 1976

1059

Eldridge Pincher Foster Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Russell Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Dean of 6th

Hudgins

Kidd

Those not voting were Senators:

Bond Duncan

Hamilton of 34th Robinson

Traylor

On the passage of the bill, the yeas were 48, nays 3.

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

Senator Kidd of the 25th introduced the doctor of the day, Dr. George Green, of Sparta, Georgia.

The following resolution of the Senate was read and adopted:

SR 358. By Senators Garrard of the 37th, Coverdell of the 40th, Barnes of the 33rd and others:
A-resolution commending Mr. Bob Blackwell.

The following general bill and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SR 266. By Senators Coverdell of the 40th, Brantley of the 56th and Warren of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that members of the Public Service Commission shall be elected from com missioner districts for a term of office of four years; to provide for

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JOURNAL OF THE SENATE,

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 IV, Section IV, of the Constitution is hereby amended by inserting, preceding the first sentence of Paragraph III, the following:
"(a)",

and inserting at the end of Paragraph III the following:
"(b) Notwithstanding the provisions of subparagraph (a) of this paragraph, effective January 1, 1977, the members of the Com mission shall be elected from commissioner districts of substantially equal population. Until changed by law the commissioner districts shall be as follows: Commissioner District No. 1 shall be composed of the First and Eighth U. S. Congressional Districts; Commissioner District No. 2 shall be composed of the Second and Third U. S. Con gressional Districts; Commissioner District No. 3 shall be composed of the Fourth and Sixth U. S. Congressional Districts; Commis sioner District No. 4 shall be composed of the Fifth and Seventh U. S. Congressional Districts; and Commissioner District No. 5 shall be composed of the Ninth and Tenth U. S. Congressional Districts. One member of the Commission shall be elected from each com missioner district by the voters of the district. Commissioners shall be residents of the districts from which they are elected. The terms of office of members shall be for four years and until their suc cessors are duly elected and qualified. The members in office on January 1, 1977, whose terms of office will expire on December 31, 1978. shall continue in office until said date. The members in office on January 1, 1977, whose terms of office would have expired after January 1, 1979, shall continue in office until December 31, 1979. At the general election to be held in 1978, members shall be elected from Commissioner District No. 4 and Commissioner District No. 5. At the general election to be held in 1980, members shall be elected from Commissioner District No. 1, Commissioner "District No. 2, and Commissioner District No. 3. Members shall take office on the first day of January following their election."
so that when so amended, Paragraph III shall read as follows:

"Paragraph III. Public Service Commission as Constitutional
Officers, (a) There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A chairman shall be selected by the members of the Commission from its membership. The first Commis sion under this amendment shall consist of the Commissioners in
office at the time of the adoption of this Constitutional amendment

TUESDAY, FEBRUARY 17, 1976

1061

and they shall serve until December 31st after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifica tions, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the chairman shall be such as are now or may hereafter be provided by the General Assembly.

(b) Notwithstanding the provisions of subparagraph (a) of this paragraph, effective January 1, 1977, the members of the Commission shall be elected from commissioner districts of sub stantially equal population. Until changed by law the commissioner districts shall be as follows: Commissioner District No. 1 shall be composed of the First and Eighth U. S. Congressional Districts; Commissioner District No. 2 shall be composed of the Second and Third U. S. Congressional Districts; Commissioner District No. 3 shall be composed of the Fourth and Sixth U. S. Congressional Districts; Commissioner District No. 4 shall be composed of the Fifth and Seventh U. S. Congressional Districts; and Commissioner District No. 5 shall be composed of the Ninth and Tenth U. S. Con gressional Districts. One member of the Commission shall be elected from each commissioner district by the voters of the district. Com missioners shall be residents of the districts from which they are elected. The terms of office of members shall be for four years and until their successors are duly elected and qualified. The members in office on January 1, 1977, whose terms of office will expire on December 31, 1978, shall continue in office until said date. The members in office on January 1, 1977, whose terms of office would have expired after January 1, 1979, shall continue in office until December 31, 1979. At the general election to be held in 1978, mem bers shall be elected from Commissioner District No. 4 and Com missioner District No. 5. At the general election to be held in 1980, members shall be elected from Commissioner District No. 1, Com missioner District No. 2, and Commissioner District No. 3. Members shall take office on the first day of January following their election."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that members of the Public Service Com-
( ) NO mission shall be elected from commissioner dis tricts for a term of office of four years?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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.

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JOURNAL OF THE SENATE,

Senator Coverdell of the 40th offered the following substitute to SR 266:

A RESOLUTION

Proposing an amendment to the Constitution, so as to provide that members of the Public Service Commission shall be elected from com missioner districts for a term of office of four years; 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 IV, Section IV, of the Constitution is hereby amended by inserting, preceding the first sentence of Paragraph III, the following:
"(a)",

and inserting at the end of Paragraph III the following:

(b) Notwithstanding the provisions of subparagraph (a) of this paragraph, effective January 1, 1978, all members of the Com mission who are elected after January 1, 1978, shall be elected from commissioner districts of substantially equal population. The General Assembly shall provide by law for Commissioner Districts and shall reapportion such districts following each United States Decennial Census. The General Assembly shall provide by law for the initial election for Commission members from districts. One member of the Commission shall be elected from each commissioner district by the voters of the district. Commissioners shall be residents of the districts from which they are elected. The terms of office of members shall be for four years and until their successors are duly elected and qualified. The members in office on January 1, 1978, shall continue in office for the remainder of the terms for which they were elected. Members shall take office on the first day of January following their election.",
so that when so amended, Paragraph III shall read as follows:
"Paragraph III. Public Service Commission as Constitutional Officers, (a) There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A chairman shall be selected by the members of the Commission from its membership. The first Commis sion under this amendment shall consist of the Commissioners in office at the time of the adoption of this Constitutional amendment and they shall serve until December 31st after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifica tions, compensations, filling of vacancies, manner and time of elec-

TUESDAY, FEBRUARY 17, 1976

1063

tion, power and duties of members of the Commission, including the chairman shall be such as are now or may hereafter be provided by the General Assembly.

(b) Notwithstanding the provisions of subparagraph (a) of this paragraph, effective January 1, 1978, all members of the Com mission who are elected after January 1, 1978, shall be elected from commissioner districts of substantially equal population. The General Assembly shall provide by law for Commissioner Districts and shall reapportion such districts following each United States Decennial Census. The General Assembly shall provide by law for the initial election for Commission members from districts. One member of the Commission shall be elected from each commissioner district by the voters of the district. Commissioners shall be resi dents of the districts from which they are elected. The terms of office of members shall be for four years and until their successors are duly elected and qualified. The members in office on January 1, 1978, shall continue in office for the remainder of the terms for which they were elected. Members shall take office on the first day of January following their election."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to pro vide that members of the Public Service Com-
( ) NO mission shall be elected from commissioner districts for a term of office of four years?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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.

Senator Shapard of the 28th offered the following amendment:
Amend the substitute offered by Senator Coverdell of the 40th to SR 266 by striking the words "four years" where they appear on Page 1, line 4 and line 26 and Page 3, line 7 and line 22
and inserting in lieu thereof the words
"six years".

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JOURNAL OF THE SENATE,

On the adoption of the amendment, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bond Brantley Broun of 46th Brown of 47th Coverdell

Duncan Eldridge Foster Hill Holloway Overby

Reynolds Shapard Stumbaugh Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Barnes Bell Carter Dean of 6th Dean of 31st Doss Garrard Gillis Hamilton of 26th

Hamilton of 34th Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell

McDuffie McGill Riley Robinson Starr Summers Sutton Thompson Traylor Turner

Those not voting were Senators:

Fincher Hudson Pearce

Russell Stephens

Tate Timmons

On the adoption of the amendment offered by Senator Shapard of the 28th, the yeas were 19, nays 30, and the amendment was lost.

On the adoption of the substitute, the yeas were 26, nays 17, and the substitute was adopted.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 17, 1976

1065

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Brantley

Coverdell Howard Stumbaugh Sutton Thompson

Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Banks Barker Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie

McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Summers Young

Those not voting were Senators:

Fincher Holloway (presiding)

Hudson Tate

Timmons

On the adoption of the resolution, the yeas were 14, nays 37.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

SB 492. By Senator Warren of the 43rd:
A bill to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for multiple party ac counts; to provide for ownership and payments during lifetime; to provide for right of survivorship.

The Senate Committee on Banking, Finance and Insurance offered the following substitute to SB 492:
A BILL
To be entitled an Act to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for multiple party accounts; to provide for ownership and payments during lifetime; to provide for right of survivorship; to change the provisions relative to joint accounts of financial institutions; to change

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the provisions relative to trust; to change the provisions relative to payment of deposits of deceased depositors; to change the provisions relative to deposits applied to funeral expenses; to define certain terms; to provide for ownership as between parties and others; to provide for protection of financial institutions who make certain pay ments; to provide for effect of written notice to financial institutions; to provide that certain transfers are not testamentary; to provide for rights of creditors; to amend Code Chapter 85-10, relative . to tenancies in common, as amended, so as to provide certain exceptions; to repeal conflicting laws; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by striking in its entirety Code Section 41A-1603, relative to joint deposits, which reads as follows:

"41A-1603. Joint Deposits. When a deposit has been made or hereafter shall be made in a bank in the names of two persons, payable to either, or to either or the survivor, such deposit or any part thereof, and interest or dividend thereon may be paid to either of said persons or to their order, and the receipt or order of the party so paid shall be a valid and sufficient release to dis charge the bank from liability for payment. The foregoing right to pay either party shall not be terminated by the death or in-
competency of the other party."

Section 2. Said Code Title is further amended by striking in its entirety 'Code Section 41A-1604, relative to tentative trust, which reads as follows:

"41A-1604. Tentative Trusts. A bank may receive deposits in an account in the name of one person as trustee for another without any further notice of the existence or the terms of the trust and may, in the event of the death of the trustee, pay the balance of the account or any part thereof and interest or dividend thereon to the beneficiary."

Section 3. Said Code Title is further amended by striking from subsection (a) of Code Section 41A-1610, relative to payment of deposits of deceased depositors, the word "Whenever" and inserting in lieu thereof the following:

"Except as provided in Code Chapter 41A-38, whenever",

so that when so amended, subsection (a) shall read as follows:

"(a) Except as provided in Code Chapter 41A-38, whenever any person dies intestate having a deposit of not more than $2,500.00 in a bank, such bank shall be authorized to pay the proceeds of such deposit directly to the following persons:

TUESDAY, FEBRUARY 17, 1976

1067

(1) to the surviving spouse;

(2) if no surviving spouse, to the children pro rata;

(3) if no children or surviving spouse, to the father and mother pro rata;

(4) if none of the above, then to the brothers and sisters of the decedent pro rata."

Section 4. Said Code Title is further amended by striking from subsection (a) of Code Section 41A-3115, relative to payment of deposits of deceased depositors, the word "Upon" and inserting in lieu thereof the following:

"Except as provided in Code Chapter 41A-38, upon", so that when so amended, subsection (a) shall read as follows:

"(a) Except as provided in Code Chapter 41A-38, upon the death of any person intestate having a share and deposits in a credit union or federal credit union of not more than $2,500.00, such credit union or federal credit union shall be authorized to pay the proceeds of such share and deposits directly to the following persons:

(1) to the surviving spouse;

(2) if no surviving spouse, to the children pro rata;

(3) if no children or surviving spouse, to the father and mother pro rata;

(4) if none of the above, then to the brothers and sisters of the decedent pro rata."

Section 5. Said Code Title is further amended by striking in its entirety Code Section 41A-3521, relative to joint accounts, which reads as follows:

"41A-3521. Joint Accounts, (a) Unless otherwise provided in the deposit contract, whenever a deposit has been made, or shall hereafter be made, in any building, and loan association or savings and loan association in the names of two or more persons, payable to any one or more of them (or payable to any one or more of them or the survivor if any of them), such deposit or any part thereof, including part or all of any interest or dividend thereon, may be paid to any one or more of said persons; and the receipt or acquittance of the person or persons so paid shall be valid and sufficient release and discharge to the association for any payment so made. For the purposes of this Section, the term 'deposit' shall include a certificate of deposit, a savings account, a share account, a savings certificate, and similar deposits and

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accounts. The foregoing right to pay either party shall not be terminated by the death or incompetency of any other party.

(b) This Section shall not be construed as affecting ownership rights to such deposit as between such persons, but shall be construed as permissive and protective to the association paying such deposit. Ownership rights as between such persons shall be determined pursuant to other principles of law, including the deposit contract where same is pertinent."
Section 6. Said Code Title is further amended by striking in its entirety Code Section 41A-3523, relative to payment on death of depositor, and inserting in lieu thereof a new Code Section 41A-3523 to read as follows:
"41A-3523. Payment on Death of Depositor, (a) Except as provided in Code Chapter 41A-38, upon the death of a depositor of a building and loan association or a savings and loan association, such association may pay the amount of his deposit or any portion thereof to an executor, administrator or other fiduciary duly ap pointed and qualified pursuant to the last will and testament of the depositor or by any court of competent jurisdiction in this State, or any other state.
(b) Except as provided in Code Chapter 41A-38, in addition to the foregoing, if such depositor dies intestate, such association may, at any time thereafter, pay up to $2,500.00 of the deposit to the following persons:
(1) to the surviving spouse;
(2) if no surviving spouse, to the children pro rata;
(3) if no children or surviving spouse, to the father and mother pro rata;
(4) if none of the above, then to the brothers and sisters of the decedent pro rata.
(c) The payment to the surviving spouse or certain other family members shall operate as a complete acquittal and discharge to the building and loan association or savings and loan association of liability from any suit, claim or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. Such payment is hereby authorized to be made as provided herein, without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administration is necessary.
(d) Except as provided in Code Chapter 41A-38, in any case in which a deceased depositor has more than $2,500.00 on deposit in a building and loan association or savings and loan association, such association shall be authorized to pay any amount up to

TUESDAY, FEBRUARY 17, 1976

1069

$2,500.00 to any of the persons authorized by this Section to receive said deposit. The payment shall only act as a full and final acquit tance of liability up to the amount paid by the association and shall not act as a full and final acquittance to the association of all liability."
Section 7. Said Code Title is further amended by striking from Code Section 41A-3524, relative to deposits applied to funeral expenses, the words "If no application" and inserting in lieu thereof the following:

"Except as provided in Code Chapter 41A-38, if no application",

so that when so amended, Code Section 41A-3524 shall read as follows:

"41A-3524. Deposits Applied to Funeral Expenses. Except as provided in Code Chapter 41A-38, if no application for the deposit is made by any person named in Section 41A-3523 within ninety days from the death of a depositor, a building and loan assocation or a savings and loan association shall be authorized to apply not more than $1,000.00 of the deposit of such deceased depositor in payment of the funeral expenses of such deceased depositor upon re ceipt of an itemized statement of such expenses and the affidavit of the undertaker conducting the funeral that said statement was true and correct and had not been paid."

Section 8. Said Code Title is further amended by adding im mediately following Code Chapter 41A-37 a new Code Chapter to be designated Code Chapter 41A-38 to read as follows:

"CHAPTER 41A-38. MULTIPLE PARTY ACCOUNTS

41A-3801. Definitions. In this Chapter, unless the context other wise requires:
(a) 'Account' means a contract of deposit of funds between a depositor and a financial institution and includes a checking ac count, savings account, certificate of deposit, share account and other like arrangements.

(b) 'Beneficiary' means a person named in a trust account as one for whom a party to the account is named as trustee.

(c) 'Financial institution' means a savings and loan association as defined in Code Section 41A-102(ee) and any financial institution as defined in Code Section 41A-102(u).

(d) 'Joint account' means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship.

(e) 'Multiple-party account' is any of the following types of account: (1) a joint account, (2) a P.O.D. account or (3) a trust account. It does not include accounts established for deposit of funds of a partnership, joint venture or other association for busi-

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ness purposes or accounts controlled by one or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization or a regular fiduciary or trust account where the relationship is established other than by deposit agreement.
(f) 'Net contribution' of a party to a joint account as of anygiven time is the sum of all deposits thereto made by or for him, less all withdrawals made by or for him which have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance. The term includes, in addition, any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.
(g) 'Party' means a person who, by the terms of the account, has a present right, subject to request, to payment from a multipleparty account. A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to him by reason of his surviving the original payee or trustee. Unless the context other wise requires, it includes a guardian, conservator, personal repre sentative or assignee, including an attaching creditor, of a party. It also includes a person identified as a trustee of an account for another whether or not a beneficiary is named, but it does not in clude any named beneficiary unless he has a present right of with drawal.
(h) 'Payment' of sums on deposit includes withdrawal, payment on check or other directive of a party, and any pledge of sums on deposit by a party and any set-off, or reduction or other disposition of all or part of an account pursuant to a pledge.
(i) 'Proof of death' includes a death certificate or official record which is prima facie proof of death.
(j) 'P.O.D. account' means an account payable on request to one person during lifetime and on his death to one or more P.O.D. payees, or to one or more persons during their lifetimes and on the death of all of them to one or more P.O.D. payees.

(k) 'P.O.D. payee' means a person designated on a P.O.D. ac count as one to whom the account is payable on request after the death of one or more persons.

(1) 'Request' means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signa tures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.

(m) 'Sums on deposit' means the balance payable on a multipleparty account including interest, dividends, and in addition any de-

TUESDAY, FEBRUARY 17, 1976

1071

posit life insurance proceeds added to the account by reason of the death of a party.

(n) '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 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 payment 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 ac count arising from a fiduciary relation such as attorney-client.

(o) 'Withdrawal' includes payment to a third person pursuant to check or other directive of a party.

41A-3802. Ownership as between Parties and Others; Protec tion of Financial Institutions. The provisions of Code Sections 41A-3803 to 41A-3805 concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of Code Sections 41A-3808 to 41A-3813 govern the liability of financial institutions who make payments pursuant thereto, and their set-off rights.

41A-3803. Ownership during Lifetime, (a) A joint account belongs, during the lifetime of all parties, to the parties in propor tion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.

(b) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O.D. payee or payees; if two or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection (a) of this Section.

(c) 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 beneficial rights as between them are governed by subsection (a) of this Section. If there is an irrevocable trust, the account be longs beneficially to the beneficiary.

41A-3804. Right of Survivorship, (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different inten tion at the time the account is created. If there are two or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests under Code

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JOURNAL OF THE SENATE,

Section 41A-3803 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immedi ately before his death; and the right of survivorship continues be tween the surviving parties.

(b) If the account is a P.O.D. account, on death of the original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the P.O.D. payee or payees if surviv ing, or to the survivor of them if one or more die before the original payee; if two or more P.O.D. payees survive, there is no right of survivorship in event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.

(c) If the account is a trust account, on death of the trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them, if one or more die before the trustee, unless there is clear and convincing evidence of a con trary intent; if two or more beneficiaries survive, there is no right of survivorship in event of death of any beneficiary thereafter un less the terms of the account or deposit agreement expressly pro vide for survivorship between them.

(d) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of his estate.
(e) A right of survivorship arising from the express terms of the account or under this Section, a beneficiary designation in a trust account or a P.O.D. payee designation cannot be changed by will.
41A-3805. Effect of Written Notice to Financial Institution. The provisions of Code Section 41A-3804 as to rights of survivor ship are determined by the form of the account at the death of a party. This form may be altered by written order given by a party to the financial institution to change the form of the account or to stop or vary payment under the terms of the account. The order or request must be signed by a party, received by the financial in stitution during the party's lifetime and not countermanded by other written order of the same party during his lifetime.
41A-3806. Accounts and Transfers Nontestamentary. Any transfers resulting from the application of Code Section 41A-3804 are effective by reason of the account contracts involved and this Chapter and are not to be considered as testamentary.

41A-3807. Rights of Creditors. No multiple-party account will
be effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes and expenses of adminis tration including statutory allowances to the surviving spouse, minor children and dependent children, if other assets of the estate are insufficient. A surviving party, P.O.D. payee or beneficiary who

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receives payment from a multiple-party account after the death of a deceased party shall be liable to account to his personal repre sentative for amounts the decedent owned beneficially immediately before his death to the extent necessary to discharge the claims and charges mentioned above remaining unpaid after application of the decedent's estate. No proceeding to assert this liability shall be commenced unless the personal representative has received a written demand by a surviving spouse, a creditor or one acting for a minor or dependent child of the decedent, and no proceeding shall be commenced later than two years following the death of the decedent. Sums recovered by the personal representative shall be administered as part of the decedent's estate. This Section shall not affect the right of a financial institution to make payment on mul tiple-party accounts according to the terms thereof, or make it liable to the estate of a deceased party unless before payment the institution has been served with process in a proceeding by the personal representative.

41A-3808. Financial Institution Protection; Payment on Signa ture of One Party. Financial institutions may enter into multipleparty accounts to the same extent that they may enter ino singleparty accounts. Any multiple-party account may be paid, on re quest, to any one or more of the parties. A financial institution shall not be required to inquire as to the source of funds received for deposit to a multiple-party account, or to inquire as to the proposed application of any sum withdrawn from an account, for purposes of establishing net contributions.

41A-3809. Financial Institution Protection; Payment After Death or Disability; Joint Account. Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal repre sentative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivor
ship under Code Section 41A-3804.

41A-3810. Financial Institution Protection; Payment of P.O.D. Account. Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either
as an original payee or as P.O.D. payee.

41A-3811. Financial Institution Protection; Payment of Trust Account. Any trust account may be paid, on request, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon his surviving the trustee, payment may be made to the personal representative or

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heirs of a deceased trustee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as trustee or benefi ciary. Payment may be made, on request, to the beneficiary upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees.
41A-3812. Financial Institution Protection; Discharge. Pay ment made pursuant to Code Sections 41A-3808, 41A-3809, 41A-3810 or 41A-3811 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any party able to request present payment to the effect that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in any demand for withdrawal if the financial institution is to be protected under this Section. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided here. The protection here provided shall have no bearing on the rights of parties in disputes between themselves or their successors con cerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts.

41A-3813. Financial Institution Protection; Set-off. Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to set-off is that proportion to which the debtor is, or was immediately before his death, beneficially en titled, and in the absence of proof of net contributions, to an equal
share with all parties having present rights of withdrawal."

Section 9. Code Chapter 85-10, relative to tenancies in common, as amended, is hereby amended by striking from Code Section 85-1001 the word "Wherever" and inserting in lieu thereof the following:

"Unless otherwise specifically provided by statute, whenever", so that when so amended, Code Section 85-1001 shall read as follows:

"85-1001. Definition. Inequality of shares, effect of. Unless otherwise specifically provided by statute, whenever two or more persons, from any cause, are entitled to the possession, simultaneous ly, of any property, a tenancy in common is created. Tenants in com mon may have unequal shares; they will be held to be equal unless the contrary appears. The fact of inequality shall not give the person holding the greater interest any privileges, as to possession, superior to the person owning a lesser interest, as long as the tenancy continues."

TUESDAY, FEBRUARY 17, 1976

1075

Section 10. Said Code Chapter 85-10 is further amended by strik ing from Code Section 85-1002 the words "Joint tenancy shall" and in serting in lieu thereof the following:

"Unless otherwise specifically provided by statute, joint tenancy shall",

so that when so amended, Code Section 85-1002 shall read as follows:

"85-1002. Joint tenancies abolished. Unless otherwise specifi cally provided by statute, joint tenancy shall not exist in this State, and all such estates, under the English law, shall be held to be tenancies in common."

Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 1, nays 30, and the com mittee substitute was lost.

Senator Warren of the 43rd offered the following substitute to SB 492:
A BILL
To be entitled an Act to amend Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, so as to provide for multiple party accounts; to provide for ownership and payments during lifetime; to provide for right of survivorship; to change the provisions relative to joint accounts of financial institutions; to change the provisions relative to trust; to change the provisions relative to payment of deposits of deceased depositors; to change the provisions relative to deposits applied to funeral expenses; to define certain terms; to provide for ownership as between parties and others; to provide for protection of financial institutions who make certain payments; to provide for effect of written notice to financial institutions; to provide that certain transfers are not testamentary; to provide for rights of creditors; to amend Code Chapter 85-10, relative to tenancies in com mon, as amended, so as to provide certain exceptions; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 41A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by striking in its entirety Code Section 41A-1603, relative to joint deposits, which reads as follows:
"41A-1603. Joint Deposits. When a deposit has been made or hereafter shall be made in a bank in the names of two persons, payable to either, or to either or the survivor, such deposit or any

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part thereof, and interest or dividend thereon may be paid to either of said persons or to their order, and the receipt or order of the party so paid shall be a valid and sufficient release to discharge the bank from liability for payment. The foregoing right to pay either party shall not be terminated by the death or incompetency of the other party."

Section 2. Said Code Title is further amended by striking in its entirety Code Section 41A-1604, relative to tentative trust, which reads as follows:

"41A-1604. Tentative Trusts. A bank may receive deposits in an account in the name of one person as trustee for another without any further notice of the existence or the terms of the trust and may, in the event of the death of the trustee, pay the balance of the account or any part thereof and interest or dividend thereon to the beneficiary."

Section 3. Said Code Title is further amended by striking from subsection (a) of Code Section 41A-1610, relative to payment of deposits of deceased depositors, the word "Whenever" and inserting in lieu thereof the following:

"Except as provided in Code Chapter 41A-38, whenever",

so that when so amended, subsection (a) shall read as follows:

"(a) Except as provided in Code Chapter 41A-38, whenever any person dies intestate having a deposit of not more than $2,500.00 in a bank, such bank shall be authorized to pay the proceeds of such deposit directly to the following persons:

(1) to the surviving spouse;

(2) if no surviving spouse, to the children pro rata;

(3) if no children or surviving spouse, to the father and mother pro rata;

(4) if none of the above, then to the brothers and sisters of the decedent pro rata."

Section 4. Said Code Title is further amended by striking from subsection (a) of Code Section 41A-3115, relative to payment of de posits of deceased depositors, the word "Upon" and inserting in lieu thereof the following:

"Except as provided in Code Chapter 41A-38, upon",

so that when so amended, subsection (a) shall read as follows:

"(a) Except as provided in Code Chapter 41A-38, upon the

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1077

death of any person intestate having a share and deposits in a credit union or federal credit union of not more than $2,500.00, such credit union or federal credit union shall be authorized to pay the proceeds of such share and deposits directly to the following persons:

(1) to the surviving spouse;

(2) if no surviving spouse, to the children pro rata;

(3) if no children or surviving spouse, to the father and mother pro rata;

(4) if none of the above, then to the brothers and sisters of the decedent pro rata."

Section 5. Said Code Title is further amended by striking in its entirety Code Section 41A-3521, relative to joint accounts, which reads as follows:

"41A-3521. Joint Accounts, (a) Unless otherwise provided in the deposit contract, whenever a deposit has been made, or shall hereafter be made, in any building and loan association or savings and loan association in the names of two or more persons, payable to any one or more of them (or payable to any one or more of them or the survivor if any of them), such deposit or any part thereof, including part or all of any interest or dividend thereon, may be paid to any one or more of said persons; and the receipt or acquittance of the person or persons so paid shall be valid and suf ficient release and discharge to the association for any payment so made. For the purposes of this Section, the term 'deposit' shall include a certificate of deposit, a savings account, a share account, a savings certificate, and similar deposits and accounts. The fore going right to pay either party shall not be terminated by the death or incompetency of any other party.

(b) This Section shall not be construed as affecting ownership rights to such deposit as between such persons, but shall be con strued as permissive and protective to the association paying such deposit. Ownership rights as between such persons shall be deter mined pursuant to other principles of law, including the deposit contract where same is pertinent."

Section 6. Said Code Title is further amended by striking in its entirety Code Section 41A-3523, relative to payment on death of de positor, and inserting in lieu thereof a new Code Section 41A-3523 to read as follows:

"41A-3523. Payment on Death of Depositor, (a) Except as pro vided in Code Chapter 41A-38, upon the death of a depositor of a building and loan association or a savings and loan association, such association may pay the amount of his deposit or any portion thereof to an executor, administrator or other fiduciary duly ap-

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pointed and qualified pursuant to the last will and testament of the depositor or by any court of competent jurisdiction in this State, or any other state.
(b) Except as provided in Code Chapter 41A-38, in addition to the foregoing, if such depositor dies intestate, such association may, at any time thereafter, pay up to $2,500.00 of the deposit to the following persons:

(1) to the surviving spouse;

(2) if no surviving spouse, to the children pro rata;

(3) if no children or surviving spouse, to the father and mother pro rata;

(4) if none of the above, then to the brothers and sisters of the decedent pro rata.

(c) The payment to the surviving spouse or certain other family members shall operate as a complete acquittal and discharge to the building and loan association or savings and loan association of liability from any suit, claim or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. Such payment is hereby authorized to be made as provided herein, without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administra tion is necessary.

(d) Except as provided in Code Chapter 41A-38, in any case in which a deceased depositor has more than $2,500.00 on deposit in a building and loan association or savings and loan association, such association shall be authorized to pay any amount up to $2,500.00 to any of the persons authorized by this Section to receive said deposit. The payment shall only act as a full and final acquittance of liability up to the amount paid by the association and shall not act as a full and final acquittance to the association of all liability."

Section 7. Said Code Title is further amended by striking from Code Section 41A-3524, relative to deposits applied to funeral expenses, the words "If no application" and inserting in lieu thereof the following:

"Except as provided in Code Chapter 41A-38, if no application", so that when so amended, Code Section 41A-3524 shall read as follows:

"41A-3524. Deposits Applied to Funeral Expenses. Except as provided in Code Chapter 41A-38, if no application for the deposit is made by any person named in Section 41A-3523 within ninety days from the death of a depositor, a building and loan association or a savings and loan association shall be authorized to apply not more than $1,000.00 of the deposit of such deceased depositor in payment of the funeral expenses of such deceased depositor upon receipt of an itemized statment of such expenses and the affidavit

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1079

of the undertaker conducting the funeral that said statement was true and correct and had not been paid."

Section 8. Said Code Title is further amended by adding im mediately following Code Chapter 41A-37 a new Code Chapter to be designated Code Chapter 41A-38 to read as follows:

"CHAPTER 41A-38. MULTIPLE PARTY ACCOUNTS
41A-3801. Definitions. In this Chapter, unless the context other wise requires:
(a) 'Account' means a contract of deposit of funds between a depositor and a financial institution and includes a checking account, savings account, certificate of deposit, share account and other like arrangements.
(b) 'Beneficiary' means a person named in a trust account as one for whom a party to the account is named as trustee.
(c) 'Financial institution' means a savings and loan association as defined in Code Section 41A-102(ee) and any financial institu tion as defined in Code Section 41A-102(u).
(d) 'Joint account' means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship.
(e) 'Multiple-party account' is any of the following types of account: (1) a joint account, (2) a P.O.D. account or (3) a trust account. It does not include accounts established for deposit of funds of a partnership, joint venture or other association for business purposes or accounts controlled by one or more persons as the duly authorized agent or trustee for a corporation, unin corporated association, charitable or civic organization or a regular fiduciary or trust account where the relationship is established other than by deposit agreement.
(f) 'Net contribution' of a party to a multiple-party account as of any given time is the sum of all deposits thereto made by or for him, less all withdrawals made by or for him which have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance. The term includes, in addition, any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.
(g) 'Party' means a person who, by the terms of the account, has a present right, subject to request, to payment from a multipleparty account. A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to him by reason of his surviving the original payee or trustee. Unless the context

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JOURNAL OF THE SENATE,

otherwise requires, it includes a guardian, conservator, personal representative or assignee, including an attaching creditor, of a party. It also includes a person identified as a trustee of an account for another whether or not a beneficiary is named, but it does not include any named beneficiary unless he has a present right of withdrawal.
(h) 'Payment' of sums on deposit includes withdrawal, pay ment on check or other directive of a party, and any pledge of sums on deposit by a party and any set-off, or reduction or other disposition of all or part of an account pursuant to a pledge.

(i) 'Proof of death' includes a death certificate or official record which is prima facie proof of death.

(j) 'P.O.D. account' means an account payable on request to one person during lifetime and on his death to one or more P.O.D. payees, or to one or more persons during their lifetimes and on the death of all of them to one or more P.O.D. payees.

(k) 'P.O.D. payee' means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons.

(1) 'Request' means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.

(m) 'Sums on deposit' means the balance payable on a multipleparty account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party.
(n) '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 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 payment 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 fiduciary relation such as attorney-client.

(o) 'Withdrawal' includes payment to a third person pursuant to check or other directive of a party.

41A-3802. Ownership as between Parties and Others; Protec tion of Financial Institutions. The provisions of Code Sections

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1081

41A-3803 to 41A-3805 concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of Code Sections 41A-3808 to 41A-3813 govern the liability of financial institutions who make payments pursuant thereto, and their set-off rights.

41A-3803. Ownership during Lifetime, (a) A joint account belongs, during the lifetime of all parties, to the parties in propor tion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.

(b) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O.D. payee or payees; if two or more parties are named as original payees, 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.

(c) 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.
41A-3804. Right of Survivorship, (a) Sums remaining on de posit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests under Code Section 41A-3803 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death; and the right of survivorship con tinues between the surviving parties.
(b) If the account is a P.O.D. account, on death of the original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the P.O.D. payee or to the P.O.D. payees in equal portions if surviving, or to the survivor of them if one or more die before the original payee; if two or more P.O.D. payees survive, there is no right of survivorship in event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.

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(c) If the account is a trust account, on the death of the trustee or the survivor of two or more trustees, any sums remaining on deposit belong to such person or persons named as beneficiaries who survive the death of the trustee or the survivor of two or more trustees, unless there is clear and convincing evidence of a contrary intent. If two or more beneficiaries survive, (1) they receive equal portions of the sums contained in the trust account and (2) there is no right of survivorship in event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.

(d) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of his estate.

(e) A right of survivorship arising from the express terms of the account or under this Section, a beneficiary designation in a trust account or a P.O.D. payee designation cannot be changed by will.

41A-3805. Effect of Written Notice to Financial Institution. The provisions of Code Section 41A-3804 as to rights of survivor ship are determined by the form of the account at the death of a party. Once established, the terms of a multiple-party account can be changed only (1) by closing the account and reopening it under different terms or (2) by presentation to the financial institution of a modification agreement in a form satisfactory to the financial institution and signed by all parties with a present right of with drawal.
41A-3806. Accounts and Transfers Nontestamentary. Any transfers resulting from the application of Code Section 41A-3804 are effective by reason of the account contracts involved and this Chapter and are not to be considered as testamentary.

41A-3807. Rights of Creditors. No multiple-party account will be effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes and expenses of ad ministration including statutory allowances to the surviving spouse, minor children and dependent children, if other assets of the estate are insufficient. A surviving party, P.O.D. payee or beneficiary who receives payment from a multiple-party account after the death of a deceased party shall be liable to account to his personal representative for amounts the decedent owned beneficially im mediately before his death to the extent necessary to discharge the claims and charges mentioned above remaining unpaid after application of the decedent's estate. No proceeding to assert this liability shall be commenced unless the personal representative has received a written demand by a surviving spouse, a creditor or one acting for a minor or dependent child of the decedent, and no proceeding shall be commenced later than two years following the death of the decedent. Sums recovered by the personal repre sentative shall be administered as part of the decedent's estate. This Section shall not affect the right of a financial institution to make payment on multiple-party accounts according to the terms

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1083

thereof, or make it liable to the estate of a deceased party unless before payment the institution has been served with process in a proceeding by the personal representative.

41A-3808. Financial Institution Protection; Payment on Signature of One Party. Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request, to any one or more of the parties. A financial institution shall not be required to inquire as to the source of funds received for deposit to a multiple-party account, or to inquire as to the proposed application of any sum withdrawn from an account, for purposes of establishing net contributions.

41A-3809. Financial Institution Protection; Payment After Death or Disability; Joint Account. Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the pay ment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivor ship under Code Section 41A-3804.

41A-3810. Financial Institution Protection; Payment of P.O.D. Account. Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institu tion of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee.

41A-3811. Financial Institution Protection; Payment of Trust Account. Any trust account may be paid, on request, to any trustee. Payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that his or their decedent was the survivor of all other persons named on the account either as trustee or bene ficiary unless (1) the financial institution, with respect to a trust account as to which there is only one trustee has received written notice, in a form satisfactory to the financial institution, that the beneficiary has a vested interest not dependent upon his surviving the trustee, or (2) the financial institution, with respect to a trust account as to which there is more than one trustee, has been provided with a copy of an agreement or resolution of all trustees, in a form satisfactory to the financial institution, to the effect that the beneficiary has a vested interest not dependent upon his surviving the trustees. Payment may be made, on request, to a beneficiary or beneficiaries or the heirs or representative of a beneficiary or beneficiaries upon presentation to the financial

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institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees.

41A-3812. Financial Institution Protection; Discharge. Payment made pursuant to Code Sections 41A-3808, 41A-3809, 41A-3810 or 41A-3811 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institu tion has received written notice from any party able to request present payment to the effect that withdrawals in accordance with the terms of the account should not be permitted.

41A-3813. Financial Institution Protection; Set-off. Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to set-off is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal."

Section 9. Code Chapter 85-10, relative to tenancies in common, as amended, is hereby amended by striking from Code Section 85-1001 the word "Wherever" and inserting in lieu thereof the following:

"Unless otherwise specifically provided by statute, whenever", so that when so amended, Code Section 85-1001 shall read as follows:

"85-1001. Definition, Inequality of shares, effect of.--Unless otherwise specifically provided by statute, whenever two or more persons, from any cause, are entitled to the possession, simultane ously, of any property, a tenancy in common is created. Tenants in common may have unequal shares; they will be held to be equal unless the contrary appears. The fact of inequality shall not give the person holding the greater interest any privileges, as to posses sion, superior to the person owning a lesser interest, as long as the tenancy continues."

Section 10. Said Code Chapter 85-10 is further amended by strik ing from Code Section 85-1002 the words "Joint tenancy shall" and inserting in lieu thereof the following:

"Unless otherwise specifically provided by statute, joint tenancy shall",
so that when so amended, Code Section 85-1002 shall read as follows: .

"85-1002. Joint tenancies abolished.--Unless otherwise specifi cally provided by statute, joint tenancy shall not exist in this State,

TUESDAY, FEBRUARY 17, 1976

1085

and all such estates, under the English law, shall be held to be tenancies in common."

Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substi tute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Coverdell Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Kennedy Kidd Langford Lewis McDuffie McGill Overby Pearce

Reynolds Russell Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Bond Carter Dean of 31st Hill

Holloway (presiding) Hudson Lester McDowell

Riley Robinson Stephens Tate

On the passage of the bill, the yeas were 43, nays 1.

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

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The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following resolution of the House:

HR 464. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to exempt bingo from the lottery provisions of the Constitution.

The following resolution of the House was taken up for the purpose of con sidering House action thereto:

HR 464. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to exempt bingo from the lottery provisions of the Constitution,

Senator Kidd of the 25th moved that the Senate insist on its substitute to HR 464.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HR 464.

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 573. By Senator Reynolds of the 48th:
A bill to amend an Act approved March 10, 1970, known as the Ga. Peace Officers Standards and Training Act (Ga. Laws 1970, p. 208), as amended, so as to redefine the terms "peace officer" and "law enforce ment unit"; to provide for other matters; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Brantley

Broun of 46th Brown of 47th Coverdell

TUESDAY, FEBRUARY 17, 1976

1087

Dean of 6th Doss Duncan Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Button Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Bond Carter Dean of 31st

Fincher Hill Holloway (presiding)

Hudson Tate Tysinger

On the passage of the bill, the yeas were 47, nays 0.

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

SB 590. By Senators McDuffie of the 19th and Gillis of the 20th:
A bill to add one additional judge of the superior courts of the Oconee Judicial Circuit of Georgia; to provide for the appointment of such addi tional judge by the Governor; to provide for the election of successors to the judge initially appointed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Doss Duncan

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson Russell Shapard

1088
Starr Stephens Stumbaugh Sutton

JOURNAL OF THE SENATE,

Thompson Timmons Traylor

Turner Warren Young

Those not voting were Senators:

Bond Carter Dean of 31st Hill

Holloway (presiding) Hudson Pearce

Summers Tate Tysinger

On the passage of the bill, the yeas were 46, nays 0.

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

SB 596. By Senator Russell of the 10th:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971 (Ga. Laws 1971, p. 906), as amended, so as to change the definition of the term "approved institution".

The Senate Committee on Higher Education offered the following amendment:
Amend SB 596 by striking on Page 2, line 11, the word "if" and substituting in lieu thereof the following:
"during the first twenty-four (24) months".

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Gillis

TUESDAY, FEBRUARY 17, 1976

1089

Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Kennedy Kidd Lester Lewis McDowell

McDuffie McGill Overby Reynolds Riley Robinson Russell Shapard Starr Stephens

Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Ballard Bond Hill

Holloway (presiding) Hudson Langford

Pearce Tate Tysinger

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Russell of the 10th moved that SB 596 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 596 was immediately transmitted to the House.

The President resumed the Chair.

Senator Lester of the 23rd moved that the following bill of the Senate, passed previously today, be immediately transmitted to the House:

SB 594. By Senators Lester of the 23rd, Lewis of the 21st and Gillis of the 20th:
A bill to comprehensively revise and codify the laws of this State regu lating motor vehicle franchises, farm machinery franchises, and con struction equipment franchises.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 594 was immediately transmitted to the House.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

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JOURNAL OF THE SENATE,

SB 598. By Senator Traylor of the 3rd:
A bill to amend the Executive Reorganization Act of 1972, approved April 6, 1972, as amended, so as to provide for a Division of Small Business Assistance within the Department of Community Development; to provide for a director.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Bond Duncan

Hill Hudson

Tate Warren

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Gillis of the 20th assumed the Chair.

SB 606. By Senator Kidd of the 25th:
A bill to amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved Feb. 13, 1956 (Ga. Laws 1956, p. 60), so as to pro vide exceptions thereto under prescribed conditions; to provide for pro cedures.

TUESDAY, FEBRUARY 17, 1976

1091

Senator Kidd of the 25th offered the following substitute to SB 606:

A BILL

To be entitled an Act to amend an Act prohibiting full-time ap pointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. Laws 1956, p. 60), so as to provide exceptions thereto under prescribed condi tions; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. Laws 1956, p. 60), is hereby amended by deleting the period at the end of the first sentence of Section 1 and adding the following:

"provided, that upon compliance with the conditions and pro cedures set forth hereinafter, a full-time State employee may sell his services to another department, agency, commission or authority of the State, on a part-time basis. The exclusive procedure to be followed in such instances is as follows:

(1) The chief executive officer of the department, agency, commission or authority which desires to obtain the services of an employee employed full-time by another department, agency, com mission or authority of the State, shall certify in writing the need for the services and set forth why the best interest 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 em ployed by the State.

(2) The chief executive officer of the department, agency, com mission or authority presently employing the employee 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 full-time employment, and where appropriate, that the parttime employment of such person by the department, agency, com mission or authority desirous of obtaining the services will be in the best interest of the State.

(3) The departments, agencies, commissions or authorities, after having accomplished (1) and (2) above shall, by agreement, establish the procedures under which the employees shall perform the additional services. The agreement shall specify the means of employment, either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions or author
ities."

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JOURNAL OF THE SENATE,

so that when so amended, Section 1 shall read as follows:

"Section 1. It shall be unlawful for any full-time appointive State official or employee to contract to buy from or sell to the State of Georgia any real or personal property, goods or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit, such official or employee, provided, that upon compliance with the conditions and procedures set forth here inafter, a full-time State employee may sell his services to another department, agency, commission or authority of the State, on a parttime basis. The exclusive procedure to be followed in such instances is as follows:
(1) The chief executive officer of the department, agency, com mission or authority which desires to obtain the services of an employee employed full-time by another department, agency, com mission or authority of the State, shall certify in writing the need for the services and set forth why the best interest 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.
(2) The chief executive officer of the department, agency, commission or authority presently employing the employee 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 per formance of said person's full-time employment, and where appro priate, that the part-time employment of such person by the depart ment, agency, commission or authority desirous of obtaining the services will be in the best interest of the State.
(3) The departments, agencies, commissions or authorities, after having accomplished (1) and (2) above shall, by agreement, estab lish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of em ployment, either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the em ployment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions or au thorities."

Section 2. This Act shall in no way amend or repeal any statute or regulation promulgated pursuant thereto pertaining to the Merit System of Personnel Administration.

Section 3. This Act shall not prevent the Georgia Building Author ity from part-time employment of custodial and cleaning workers who work for other departments of State government.

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

TUESDAY, FEBRUARY 17, 1976

1093

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 33, nays 2, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Young

Those voting in the negative were Senators:

Barnes Bell

Sutton

Warren

Those not voting were Senators:

Duncan Gillis (presiding)

Hill Hudson

Langford Tate

On the passage of the bill, the yeas were 46, nays 4.

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

SB 610. By Senators Stephens of the 36th, Starr of the 44th, Holloway of the 12th and others:
A bill to provide for the regulation of elevators, dumbwaiters, escalators, moving walks, manlifts and facilities and equipment associated there-

1094

JOURNAL OF THE SENATE,

with; to provide for definitions; to provide for the creation of the Ele vator Safety Board and for the appointment of the members thereof and the powers and duties thereof.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Fincher Foster

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Eldridge

Button

Tate

Those not voting were Senators:

Duncan Garrard Gillis (presiding)

Hill Hudson

Langford Thompson

On the passage of the bill, the yeas were 46, nays 3.

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

The President resumed the Chair:

SR 313. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution to provide for the suc cession to office of any elected Constitutional Executive Officer upon a

TUESDAY, FEBRUARY 17, 1976

1095

determination of physical or mental disability by the Supreme Court of Georgia; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Article V of the Constitution is hereby amended by add ing at the end thereof a new Section to be designated Section XII to read as follows:
"Section XII.

Paragraph I. Except as otherwise provided in this Constitution, if any elected Constitutional Executive Officer is unable to per form the duties of his office because of a permanent physical or mental disability, determined by the Supreme Court of Georgia upon a petition of any four elected Constitutional Executive Officers, such office shall be declared vacant and the successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. If upon such petition, it is determined that the disability is not permanent, the Supreme Court shall determine when the disability has ended and the officer shall resume the exer cise of his powers. During the period of temporary disability the powers of such office shall be exercised as provided for by this Constitution or the laws enacted in pursuance thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to provide for the removal of disabled Executive
( ) NO Officers?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati
fying 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 Senate Committee on Economy, Reorganization and Efficiency in Govern ment offered the following substitute to SR 313:
A RESOLUTION
Proposing an amendment to the Constitution to provide for the suc cession to office of any elected Constitutional Executive Officer upon a

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JOURNAL OF THE SENATE,

determination of physical or mental disability by the Supreme Court of Georgia; 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 V of the Constitution is hereby amended by add ing at the end thereof a new Section to be designated Section XII to read as follows:

"Section XII.
Paragraph I. Except as otherwise provided in this Constitu tion, if any elected Constitutional Executive Officer is unable to per form the duties of his office because of a permanent physical or mental disability, determined, after hearing evidence including testi mony from not less than three qualified physicians in private prac tice, one of whom must be a psychiatrist, not employed in any ca pacity by State, federal or local governments, by the Supreme Court of Georgia upon a petition of any four elected Constitutional Execu tive Officers, such office shall be declared vacant and the successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. If upon such petition, it is determined that the disability is not permanent, the Supreme Court shall determine when the disability has ended and the officer shall resume the exercise of his powers. During the period of temporary disability the powers of such office shall be exercised as provided for by this Constitution or the laws enacted in pursuance thereof. As used in this Section the term 'elected constitutional executive officer' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Comptroller General, the Commissioner of Agriculture and the Commissioner of Labor."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to provide for the removal of disabled Executive
( ) NO Officers?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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.

TUESDAY, FEBRUARY 17, 1976

1097

On the adoption of the substitute, the yeas were 36, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter
Dean of 31st
Doss
Eldridge
Fincher
Foster
Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis
McDuffie
McGill
Overby
Pearce
Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson
Timmons
Turner
Tysinger
Warren
Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Coverdell Duncan Garrard

Hill Hudson Langford

McDowell Russell Traylor

On the adoption of the resolution, the yeas were 46, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

SR 326. By Senator Kidd of the 25th: A resolution relative to pay raises for State employees.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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JOURNAL OF THE SENATE,

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Fincher Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Shapard Starr Stephens Stumbaugh Summer Sutton Thompson Timmons Traylor Tysinger Warren Young

Those voting in the negative were Senators:

Bell Eldridge

Holloway

Those not voting were Senators:

Brantley Foster Hill

Hudson Langford Robinson

Turner
Russell Tate

On the adoption of the resolution, the yeas were 44, nays 4.

The resolution, having received the requisite constitutional majority, was adopted.

SR 337. By Senators Starr of the 44th, Kidd of the 25th, Langford of the 51st and Howard of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may divide the State Board of Pardons and Paroles into panels of not less than three members; to provide for the jurisdic tion of such panels and the Board; 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:

TUESDAY, FEBRUARY 17, 1976

1099

Section 1. Article V, Section I, Paragraph XI of the Constitution is hereby amended by striking the words:

", and in all cases a majority shall decide the action of the Board.",

and inserting in lieu thereof a period and the following words:

"The General Assembly may by law provide for division of the Board into panels of not less than three members and may provide for the jurisdiction of such panels. Any matter within the jurisdic tion of the Board which is not by law within the jurisdiction of a panel of the Board shall be decided by the full Board. All cases within the jurisdiction of a panel of the Board shall be decided by a majority of the panel. Action taken by the full Board shall be decided by a majority of the full Board.",

so that when amended said Paragraph shall read as follows:

"Paragraph XI. Reprieves and pardons; State Board of Par dons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed nec essary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the con vict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles to be composed of not less than five nor more than seven members, the number to be determined by the General Assembly. Until changed by the General Assembly, the Board shall consist of three members. The additional members of the Board, if added by the General As sembly, and the successors to the present members and all members of the Board who are subsequently appointed to fill vacancies shall continue to serve on the Board for a period of seven years or until they shall be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by the judgment of the Senate in a trial of impeachment. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. The present members of the Board shall serve out the terms to which they were appointed. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General As sembly, the members shall continue to receive that compensation

1100

JOURNAL OF THE SENATE,

which the present members are receiving. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons
and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State after conviction, except in cases of treason or impeach ment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such Board shall act on all applications within 90 days from the filing of same. The General Assembly may by law provide for division of the Board into panels of not less than three members and may provide for the jurisdiction of such panels. Any matter within the jurisdiction of the Board, which is not by law within the jurisdiction of a panel of the Board, shall be decided by the full Board. All cases within the jurisdiction of a panel of the Board shall be decided by a majority of the panel. Action taken by the full Board shall be decided by a majority of the full Board. If any member for any cause is unable to serve in any case involving capital punishment when the Board shall consist of three members, the Governor shall act as the third mem ber of said Board and the action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, re moval of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by
law.

Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General As sembly may enact laws in aid of, but not inconsistent with, this Paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting- the above proposed amendment shall have written or printed thereon the following:
" ( ) YES Shall the Constitution be amended so as to provide that the State Board of Pardons and
( ) NO Paroles may be divided into three member panels?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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.

TUESDAY, FEBRUARY 17, 1976

1101

Senator Kidd of the 25th offered the following substitute to SR 337:

A RESOLUTION
Proposing an amendment to the Constitution so as to divide the State Board of Pardons and Paroles into panels of not less than two members; to provide for the jurisdiction of such panels; 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 V, Section I, Paragraph XI of the Constitution is hereby amended by striking the words:
", and in all cases a majority shall decide the action of the Board.",

and inserting in lieu thereof a period and the following words:
"The Board is hereby divided into two panels of two members each when the Board shall consist of five members and the Board is hereby divided into three panels of two members each when the Board shall consist of seven members. The chairman of the Board shall not sit as a member of any two-man panel. No action shall be taken by a panel unless a third member, either the chairman or any other member of the Board, has been added to the panel. Any panel consisting of three members is hereby authorized by a majority vote of the panel to take any action vested in the Board.",

so that when amended said Paragraph shall read as follows:
"Paragraph XI. Reprieves and pardons; State Board of Par dons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Gov ernor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Gov ernor, shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faith fully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles to be composed of not less than five nor more than seven members, the

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JOURNAL OF THE SENATE,

number to be determined by the General Assembly. Until changed by the General Assembly, the Board shall consist of three members. The additional members of the Board, if added by the General Assembly, and the successors to the present members and all mem bers of the Board who are subsequently appointed to fill vacancies shall continue to serve on the Board for a period of seven years or until they shall be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by the judgment of the Senate in a trial of impeachment. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. The present members of the Board shall serve out the terms to which they were appointed. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General As sembly, the members shall continue to receive that compensation which the present members are receiving. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State after conviction, except in cases of treason or impeach ment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such Board shall act on all ap plications within 90 days from the filing of same. The Board is hereby divided into two panels of two members each when the Board shall consist of five members and the Board is hereby divided into three panels of two members each when the Board shall consist of seven members. The chairman of the Board shall not sit as a member of any two-man panel. No action shall be taken by a panel unless a third member, either the chairman or any other member of the Board, has been added to the panel. Any panel consisting of three members is hereby authorized by a majority vote of the panel to take any action vested in the Board. If any member for any cause is unable to serve in any case involving capital punishment when the Board shall consist of three members, the Governor shall act as the third member of said Board and the action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communi cate to that body in full detail each case of pardon, parole, com mutation, removal of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law.
Each year the Board shall elect one of its members to serve as chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

TUESDAY, FEBRUARY 17, 1976

1103

"( ) YES Shall the Constitution be amended so as to pro vide that the State Board of Pardons and Paroles
( ) NO may be divided into two-member panels?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

On the adoption of the substitute, the yeas were 4, nays 35, and the substitute was lost.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bond Broun of 46th Carter Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie

McGill Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens Tate Traylor Turner

Those voting in the negative were Senators:

Barnes Bell Brantley Coverdell

Doss Hamilton of 34th Stumbaugh Summers

Sutton Thompson Tysinger Warren

Those not voting were Senators:

Brown of 47th Hill Hudson

Langford Russell

Timmons Young

On the adoption of the resolution, the yeas were 37, nays 12.

1104

JOURNAL OP THE SENATE,

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Starr of the 44th gave notice that, at the proper time, he would move that the Senate reconsider it action in defeating SR 337.
HB 88. By Representatives Edwards of the 110th, Noble of the 48th, Harden of the 154th and others: Senate Sponsor: Senator Duncan of the 30th. A bill to prohibit any State board, body, agency, official, institution or other person or associations from discriminating against optometrists licensed under Code Chapter 84-11 for visual care services when the visual care services are within the scope of practice of optometrists licensed under said Chapter.
Senator McDowell of the 2nd offered the following substitute to HB 88:
A BILL
To be entitled an Act to prohibit any State health employee from discriminating against licensed physicians or licensed optometrists for refractive services; to provide remedies; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. It shall be unlawful for any State health employee to discriminate against licensed optometrists or licensed physicians in the suggestion or recommendation for refractive services.
Section 2. Nothing contained herein shall be construed to prevent persons having custodial care of other persons from referring such per sons to the practitioner of his choice for refractive services.
Section 3. Nothing contained herein shall be construed to prevent a physician from referring patients to any practitioner of his choice for eye health care.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 12, nays 35, and the substi tute was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 17, 1976

1105

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those voting in the negative were Senators:

Fincher Holley

McDowell

Tysinger

Those not voting were Senators:

Hill Hudson

Langford

Russell

On the passage of the bill, the yeas were 48, nays 4.

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

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 926. By Representative Sigman of the 74th:
A bill to amend an Act creating a Board of Commissioners for Newton County so as to update and renumber the provisions of said Act; to require the members and the chairman of the board to submit itemized statements of certain expenses.

Senator Ballard of the 45th moved the Senate adhere to the Senate sub stitute, and that a Conference Committee be appointed.

1106

JOURNAL OP THE SENATE,

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate substitute to HB 926 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Ballard of the 45th, Lewis of the 21st and Brown of the 47th.

The following- bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 353. By Senator Howard of the 42nd:
A bill to provide for the regulation of off-road vehicles; to provide a short title; to provide for declaration of policy; to provide for defini tions; to provide for exemptions; to provide for operating restrictions.

The House amendments were as follows:
1. Amend SB 353 by adding a comma and the word "counties" after the word "municipalities" on line 5, Page 1
and
on Page 3, line 13,
add the words "and counties" after the word "municipalities."
2. Amend SB 353 by striking Section 4 beginning on line 21 of Page 2 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Operating Restrictions. Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this Act and subject to the penalties provided for in Section 6:
(a) without operative brakes, or without mufflers or other silencing equipment;
(b) on any private property without the expressed written permission of the owner of the property or his agent."; and
by striking from lines 23 and 24 of Page 3 the following:
"$50.00 to $100.00, or imprisonment for up to ninety (90) days or both.",

TUESDAY, FEBRUARY 17, 1976

1107

and inserting in lieu thereof the following:

"not more than $25.00."

3. Amend SB 353 by deleting Section 4(a) in its entirety.

Senator Howard of the 42nd moved that the Senate agree to the House amendments to SB 353.

On the motion, the yeas were 34, nays 1; the motion prevailed, and the House amendments to SB 353 were agreed to.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1002. By Representatives Snow of the 1st, Hatcher of the 131st and Taggart of the 125th: Senate Sponsor: Senator Holley of the 22nd.
A bill to amend Code Section 51-101 relating to what is exempt and who may claim constitutional homesteads, so as to change the amount of such exemption.

Senator McDowell of the 2nd offered the following amendment:
Amend HB 1002 by deleting on Page 1, line 13, "$5,000.00" and inserting in lieu thereof the figure
"$10,000.00"; and
on line 25, Page 1, delete $5,000.00 and insert in lieu thereof "$10,000.00".

On the adoption of the amendment, the yeas were 7, nays 32, and the amend ment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell

Bond Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss

1108

JOURNAL OF THE SENATE,

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy

Kidd Lester Lewis McDowell McDuffie Overby Reynolds Riley Robinson Shapard Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Brantley Duncan

Hill Hudson Langford

McGill Pearce Russell

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1314. By Representatives McDonald of the 12th, Buck of the 95th, Adams of the 14th and others: Senate Sponsor: Senator Hamilton of the 34th.
A bill to amend an Act creating the Firemen's Retirement System so as to provide for an increase in the monthly pension of eligible firemen or volunteer firemen.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

TO:

The Honorable Thomas Buck, III, Chairman

House Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning and Budget Officer

DATE:

January 14, 1976

SUBJECT: FISCAL NOTE -- HOUSE BILL 1314 Firemen's Pension Fund

This Bill provides for a 11 f/< increase in retirement and disability benefits, from $125 per month to $215 per month, additionally the Bill provides for optional methods of Pension payment and examinations for disability, with 100<# vesting after 20 years.

TUESDAY, FEBRUARY 17, 1976

1109

Fund revenues are now from member contributions $5.00 per month, \'/t tax on grass fire insurance premiums paid to State licensed insurers and earnings on investments.

There is no increase proposed in revenues to the Fund, but the increase in costs and benefits will be borne, (as outlined in report of Tillinghast & Company, Actuaries) by extending the unfunded accrued liability from 6.9 to 29.5 years, which total cost will be $12,259,000.

/s/ Ernest B. Davis State Auditor
/s/ James T. Mclntyre, Jr. State Planning and Budget Officer

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative was Senator Robinson.

Those not voting were Senators:

Duncan Hill Hudson

Langford Pearce

Russell Young

On the passage of the bill, the yeas were 48, nays 1.

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

1110

JOURNAL OF THE SENATE,

HB 1315. By Representatives McDonald of the 12th and Buck of the 95th: Senate Sponsor: Senator Thompson of the 32nd.
A bill to amend an Act creating the Firemen's Retirement System so as to provide for the powers and duties of the Board of Trustees of the Georgia Firemen's Pension Fund.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

TO: FROM:
DATE: SUBJECT:

The Honorable Thomas Buck, III, Chairman House Retirement Committee
Ernest B. Davis, State Auditor James T. Mclntyre, State Planning
and Budget Officer
January 14, 1976
FISCAL NOTE -- HOUSE BILL 1315 Firemen's Pension Fund

This Bill provides for a restatement of definitional material and an exemption from taxation of assets held by the Fund.

The only financial impact from this Bill would be a savings to the Funds of about $600 annually in property tax exemption. This saving would increase as total taxable assets held increased.

/s/ Ernest B. Davis State Auditor
/s/ James T. Mclntyre State Planning and Budget Officer

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Holley Howard

Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

TUESDAY, FEBRUARY 17, 1976

1111

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Duncan Garrard

Hill Holloway Hudson

Langford Pearce Russell

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1658. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others: Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act known as the "Insurance Premium Finance Company Act" so as to provide for an additional qualification for the issuance or renewal of a license.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

1112

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Dean of 31st Duncan

Hill Hudson Langford

Pearce Riley Russell

On the passage of the bill, the yeas were 46, nays 1.

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

HB 1659. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others: Senate Sponsor: Senator Starr of the 44th.
A bill to amend Code Section 56-214 relating to enforcement by the Insurance Commissioner of the provisions of Code Title 56, the Ga. Insurance Code, so as to make clear, and provide for, authority for the Commissioner to issue orders, which prohibit persons from engaging in acts made unlawful by the Ga. Insurance Code or regulations prom ulgated thereunder.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Dean of 31st Duncan Hill

Hudson Langford Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young
Russell Thompson

TUESDAY, FEBRUARY 17, 1976

1113

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 1:20 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

1114

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Wednesday, February 18, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

Senator Starr of the 44th moved that the Senate reconsider its action of February 17 in defeating the following resolution of the Senate:

SR 337. By Senators Starr of the 44th, Kidd of the 25th, Langford of the 51st and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may divide the State Board of Pardons and Paroles into panels of not less than three members; to provide for the jurisdiction of such panels and the Board; to provide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 337 was reconsidered and placed on the Senate Calendar.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1345. By Representative Greer of the 43rd: A bill to amend the Act approved Aug. 13, 1924, as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as dis closed by the U.S. census of 1920, or any subsequent census, furnishing aid, relief and pensions to members of paid fire departments now in active service.
HB 1575. By Representative Carnes of the 43rd: A bill to amend Code Section 24-1714, pertaining to the location of the office of the judge of the Probate Court and all things belonging

WEDNESDAY, FEBRUARY 18, 1976

1115

thereto, so as to provide that in certain counties the Judge of the Probate Court may maintain more than one office location and all things belonging thereto.

HB 1576. By Representative Carnes of the 43rd:
A bill to amend Code Section 53-201, pertaining to the place, time and other matters relating to the issuance of marriage licenses, so as to provide that in certain counties marriage licenses may be granted by the Judge of the Probate Court at locations within the county other than the county courthouse at the county site.

HB 1745. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County so as to change the compensation of the chief deputy of the tax commissioner.

HB 1746. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend an Act entitled "An Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Sheriff of Floyd County; to provide duties and compensation of said chief deputies; to provide an effective date".

HB 1751. By Representative Crawford of the 5th:
A bill to amend an Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, and granting a new charter to said city.

HB 1757. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Warner Robins so as to change the provisions relative to vacancies; to change the provisions relative to contracts and purchases by the city.

HB 1758. By Representative Culpepper of the 98th:
A bill to create the Fort Valley Redevelopment Authority; to define certain terms; to provide for the compensation of the Authority, its duties and compensation of members; to provide for the purposes of the Authority; to provide for revenue bonds.

HB 1759. By Representative Russell of the 64th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary so as to provide for the determination of the number of and compensation of the employees of the Sheriff, Clerk of the Superior Court and Judge of the Probate Court.

1116

JOURNAL OF THE SENATE,

HB 1761. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend an Act creating a new charter for the City of Duluth so as to change the provisions relative to dates of elections.

HB 1766. By Representative Rush of the 121st:
A bill to amend an Act creating the Board of Commissioners of Toombs County so as to provide that members of the Board of County Com missioners must reside in their respective commissioner districts but shall be voted upon by the voters of the county.

HB 1767. By Representatives Rush of the 121st and Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Toombs County so as to change the provisions relating to the compensa tion of the chairman and members of the board of commissioners.

HB 1777. By Representatives Thomason, Harris and Johnson of the 8th:
A bill to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary, so as to authorize the appointment of an additional deputy sheriff under certain conditions and to provide for his compensation.

HB 1778. By Representatives Foster and Wheeler of the 152nd and Stone of the 138th:
A bill to amend an Act amending, consolidating, creating, revising and superseding the several Acts incorporating the City of Blackshear in the County of Pierce and State of Georgia, so as to change the jurisdiction of the recorder's court in said city.

HB 1780. By Representatives Richardson of the 52nd, Hawkins of the 50th, Russell of the 53rd and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, State of Georgia and the several Acts amendatory thereof, so as to change, enlarge and extend the corporate limits of the City of Decatur, Ga.

HB 1781. By Representatives Richardson of the 52nd, Hawkins of the 50th, Jordan of the 58th and others:
A bill to amend an Act creating a new charter for the City of Atlanta, approved Mar. 16, 1973, as amended, so as to change the corporate limits of said city; to provide an effective date.

WEDNESDAY, FEBRUARY 18, 1976

1117

HB 1782. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to require representatives of the governing authority of any county in this State which contains the smaller portion of the population of a city with a total population of 400,000 or more according to the U. S. Decennial Census of 1970, or any future such census, to meet annually with representatives of the governing authority of any such city.

HB 1785. By Representative Cox of the 141st:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of said officer shall become the property of the county.

HB 1792. By Representative Sigman of the 74th:
A bill to amend an Act providing for a new Board of Education of Newton County so as to require competitive bids for certain purchases.

HB 1793. By Representative Sigman of the 74th:
A bill to provide for the filling of vacancies which shall occur in the offices of mayor and councilman of the City of Porterdale; to provide that the mayor pro tempore shall act as the mayor in the absence, disability or inability of the mayor to serve.

HB 1804. By Representatives Lambert of the 112th and Milford, Mann and Clark of the 13th:
A bill to create and establish the Greene County Airport Authority and to authorize such authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertakings.

HB 1806. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to amend an Act placing the Sheriff of Oconee County on a salary basis of compensation so as to change the provisions relating to automobiles.

HB 1807. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Oconee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees; costs or other emoluments of said officer shall become the property of the county.

1118

JOURNAL OF THE SENATE,

HB 1808. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to amend an Act creating the Board of Commissioners of Oconee County so as to change the compensation of the Chairman of the Board of Commissioners of Oconee County.

HB 1809. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Oconee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county.

HB 1811. By Representatives Knight of the 67th and Ware of the 68th:
A bill to abolish the office of Treasurer of Coweta County; to provide that the Board of Commissioners of Coweta County shall appoint de positories for county funds.

HB 1817. By Representatives Clark, Milford, and Mann of the 13th and Russell of the 64th:
A bill to amend an Act creating the office of Tax Commissioner of Oconee County so as to change the provisions relating to the com pensation of the tax commissioner.

HB 1818. By Representative Irvin of the 10th:
A bill to amend an Act incorporating the City of Toccoa so as to clarify a provision relative to the date of an election.
HB 293. By Representatives Howard of the 19th and Edwards of the 20th:
A bill to amend an Act creating the Peace Officers Annuity and Benefit Fund so as to change certain provisions relating to disability benefits; to provide a procedure for determining eligibility for disability benefits.
HB 541. By Representative Ham of the 80th:
A bill to provide for the manner and method of disclosure of fees and reimbursable expenses paid by the city, county, municipality or municipal corporation, or by any authority, created, authorized or provided for by State law, or by any board, bureau, commission, committee, department, institution, office, retirement system, or any other agency of the State of Georgia.
HB 1042. By Representative Larsen of the 27th:
A bill to amend Code Title 61, relating to landlords and tenants, so as to change the provisions relating to the rights of tenants; to provide that a tenant for residential purposes shall have certain rights.

WEDNESDAY, FEBRUARY 18, 1976

1119

HB 1369. By Representatives Hawkins of the 50th, Ross of the 76th, Sizemore of the 136th and others:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State so as to provide for leaves of absence for maternity reasons.

HB 1385. By Representative Phillips of the 59th:
A bill to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended, so as to change the provisions relative to the amount of the penalty.

HB 1445. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Chapter 84-9 of the Code of Ga. of 1933 relating to medical practitioners, as amended, to provide that whenever a judgment of $3,000 or more in a case of malpractice of surgery and medicine is rendered against a person licensed by the Composite State Board of Medical Examiners, the Clerk of the Court in which the judgment was entered shall notify the Board.

HB 1447. By Representative Buck of the 95th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to accumulated days of forfeited annual and sick leave.

HB 1466. By Representative Adams of the 36th:
A bill to amend an Act creating the Department of Commerce, so as to provide that the Bureau of Community Affairs has authority to recom mend reversal of denials by the Office of Planning and Budget in regard to application by cities, counties, and area planning and develop ment commissions for federal funds.

HB 1533. By Representative Childers of the 15th:
A bill to amend Code Section 84-509, relating to the scope of the practice of chiropractors, so as to provide that certain students enrolled in an approved chiropractic college may perform chiropractic tasks under the supervision of an authorized instructor duly licensed to practice chiropractic in this State.
HB 1580. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 so as to change the semiannual reporting requirements of the Authority.

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JOURNAL OF THE SENATE,

HB 1371. By Representatives Irvin of the 23rd, Games of the 43rd, Evans of the 84th and others:
A bill to amend the Code of Georgia of 1933, as amended, by striking Code Title 46 relating to garnishment, as amended, in its entirety and inserting in lieu thereof a new Code Title 46 so as to provide for the right to the writ of garnishment after judgment; to provide for affidavit and bond for garnishment.

HB 1378. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A bill to amend an Act establishing the State Employees Retirement System approved Feb. 3, 1949 so as to change the retirement require ments and benefits for certain personnel of the Department of Revenue.

HB 1671. By Representatives Castleberry of the lllth, Ware of the 68th, Peters of the 2nd and others:
A bill to amend Code Title 56, relating to insurance, as amended, so as to change the provisions relating to the collection and disposition of fees, taxes and funds; to provide for refunds and credits; to provide for time limits.

HB 1672. By Representatives Castleberry of the lllth, Wood of the 9th, Parrish of the 97th and others:
A bill to amend Code Chapter 56-13, relating to fees and taxes as amended, so as to provide that certain information shall be confidential and privileged; to prohibit the disclosure of certain confidential in formation; to provide for exceptions.

HB 1763. By Representatives Walker of the 115th, Coleman of the 118th, Jessup of the 117th and Watson of the 114th:
A bill to amend an Act establishing and creating a program to provide scholarships to the children of law enforcement officers, firemen and prison guards who are permanently disabled or killed in the line of duty so as to change certain provisions relating to eligibility.

SB 425. By Senators Starr of the 44th, Riley of the 1st and Holloway of the 12th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia, as amended, so as to increase in the retirement benefits for those who become eligible to receive retirement benefits after a certain date; to repeal conflicting laws.
The House has adopted by the requisite constitutional majority the following resolutions of the House:

WEDNESDAY, FEBRUARY 18, 1976

1121

HR 586. By Representative Carnes of the 43rd:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize and empower the governing authority of Fulton County, Georgia, to enact ordinances and traffic regulations for the policing and governing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in said board and provide penalties for violation of such ordinances.

HR 597. By Representative Bray of the 70th:
A resolution authorizing the conveyance of certain State-owned real property located in Meriwether County, Georgia, to the IMLAC Com munity Club, Inc.
HR 626. By Representatives Tolbert and Davis of the 56th, Linder of the 44th and Williamson of the 45th:
A resolution proposing an amendment to the Constitution so as to create the DeKalb County Solid Waste Disposal Authority; to provide for powers, authority, funds, purposes and procedure; to provide for the submission of this amendment for ratification or rejection.

HR 665. By Representatives Peters of the 2nd and Leonard of the 3rd:
A resolution authorizing the conveyance of certain real property located in Catoosa County, Georgia.

The House has agreed to the Senate amendments to the following bills of the House:
HB 1391. By Representatives Reaves of the 147th, Long of the 142nd, Patten of the 149th and others:
A bill to regulate the distribution, sale, transportation, use and disposal of pesticides in the State of Georgia; to provide for an enforcing of ficial; to provide definitions; to describe misbranding; to specify pro hibited acts; to provide for registration.

HB 1393. By Representatives Reaves of the 147th, Collins of the 144th, Long of the 142nd and others:
A bill to regulate the application of pesticides by any means within the State of Georgia; to provide a short title; to provide an enforcing official; to provide a declaration of purpose; to provide for definitions; to provide for adoption of regulations.

The House has adopted the following resolutions of the House:

HR 769. By Representatives Murphy of the 18th, Connell of the 87th, Wood of the 9th and others:
A resolution urging the Georgia delegation to the United States Con gress to assist in the efforts to obtain direct European flight service for Atlanta.

1122

JOURNAL OF THE SENATE,

HR 770. By Representatives Lambert of the 112th and Carlisle of the 71st:
A resolution urging and requesting the Congress of the United States to amend the Federal Clean Air Act.

The House has passed by the requisite constitutional majority the follow ing bill of the House:

HB 681. By Representative Holmes of the 39th:
A bill to amend Code Section 34-609 relating to the form of registration cards so as to change the provisions relative to the form of the registra tion card.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 655. By Senator Broun of the 46th:
A bill to amend an Act creating the Georgia State Board of Nursing Homes, as amended, so as to provide that it shall be unlawful for any person not licensed under said Act to hold himself out to be a licensed nursing home administrator or to use the initials N.H.A. after his name. Referred to Committee on Human Resources.

SB 656. 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 change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

SB 657. By Senator Howard of the 42nd:
A bill to amend an Act creating the Board of Recreation Examiners, as amended, so as to change the provisions relative to certain definitions; to change the provisions relative to the qualifications of the members of the Board of Recreation Examiners. Referred to Committee on Natural Resources and Environmental Quality.

SB 658. By Senator Howard of the 42nd:
A bill to amend Code Chapter 26-21, relating to distributing obscene matter, as amended, so as to provide that the provisions of said Chapter shall not apply to certain persons; to amend an Act prohibiting the sale or delivery of certain harmful materials to minors, so as to provide that the provisions of said Act shall not apply to certain persons.
Referred to Committee on Judiciary.

SB 659. By Senator Doss of the 52nd: A bill to amend an Act creating a new charter for the City of Rome, as

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amended, so as to change the provisions relative to temporary loans made by the city.
Referred to Committee on County and Urban Affairs.

SB 660. By Senator McGill of the 24th:
A bill to amend an Act creating a small claims court in and for Wilkes County, as amended, so as to change the jurisdiction of said court; to change the fees and costs in said court; to provide an effective date. Referred to Committee on County and Urban Affairs.

SR 360. By Senator Hudson of the 35th:
A resolution proposing an amendment to the Constitution, so as to expand and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State. Referred to Committee on County and Urban Affairs.

SR 361. By Senator Sutton of the 9th:
A resolution proposing an amendment to the Constitution, so as to change the maximum interest rate on revenue bonds issued by the MoultrieColquitt County Development Authority; to authorize said Authority to borrow money from financial institutions; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

SR 362. By Senators Russell of the 10th and Timmons of the llth:
A resolution proposing an amendment to the Constitution, so as to ex empt the real and personal property of historical societies from all ad valorem taxation for State, county, municipal and school purposes. Referred to Committee on Banking, Finance and Insurance.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1345. By Representative Greer of the 43rd:
A bill to amend the Act approved Aug. 13, 1924, as amended, providing a system of pensions and other benefits for members of paid fire de partments in cities having a population of more than 150,000 as disclosed by the U. S. census of 1920, or any subsequent census, furnishing aid, relief and pensions to members of paid fire departments now in active service.
Referred to Committee on County and Urban Affairs.

HB 1575. By Representative Carnes of the 43rd:
A bill to amend Code Section 24-1714, pertaining to the location of the office of the Judge of the Probate Court and all things belonging

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thereto, so as to provide that in certain counties the Judge of the Probate Court may maintain more than one office location and all things belonging thereto.
Referred to Committee on County and Urban Affairs.

HB 1576. By Representative Games of the 43rd:
A bill to amend Code Section 53-201, pertaining to the place, time and other matters relating to the issuance of marriage licenses, so as to provide that in certain counties marriage licenses may be granted by the Judge of the Probate Court at locations within the county other than the county courthouse at the county site. Referred to Committee on County and Urban Affairs.

HB 1745. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County so as to change the compensation of the chief deputy of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1746. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend an Act entitled "An Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Sheriff of Floyd County; to provide duties and compensa tion of said chief deputies; to provide an effective date". Referred to Committee on County and Urban Affairs.

HB 1751. By Representative Crawford of the 5th:
A bill to amend an Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, and granting a new charter to said city. Referred to Committee on County and Urban Affairs.

HB 1757. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Warner Robins so as to change the provisions relative to vacancies; to change the provisions relative to contracts and purchases by the city. Referred to Committee on County and Urban Affairs.

HB 1758. By Representative Culpepper of the 98th:
A bill to create the Fort Valley Redevelopment Authority; to define certain terms; to provide for the composition of the Authority, its pow ers, duties and compensation of members; to provide for the purposes of the Authority; to provide for revenue bonds. Referred to Committee on County and Urban Affairs.

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1125

HB 1759. By Representative Russell of the 64th:
A bill to amend an Act placing1 the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary so as to provide for the determination of the number of and compensation of the employees of the Sheriff, Clerk of the Superior Court and Judge of the Probate Court.
Referred to Committee on County and Urban Affairs.

HB 1761. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend an Act creating a new charter for the City of Duluth so as to change the provisions relative to dates of elections. Referred to Committee on County and Urban Affairs.

HB 1766. By Representative Rush of the 121st:
A bill to amend an Act creating the Board of Commissioners of Toombs County so as to provide that members of the board of county commis sioners must reside in their respective commissioner districts but shall be voted upon by the voters of the county. Referred to Committee on County and Urban Affairs.

HB 1767. By Representatives Rush of the 121st and Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Toombs County so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 1777. By Representatives Thomason, Harris and Johnson of the 8th:
A bill to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary, so as to authorize the appointment of an addi tional deputy sheriff under certain conditions and to provide for his compensation.
Referred to Committee on County and Urban Affairs.

HB 1778. By Representatives Foster and Wheeler of the 152nd and Stone of the 138th:
A bill to amend an Act amending, consolidating, creating, revising and superseding the several Acts incorporating the City of Blackshear in the County of Pierce and State of Georgia, so as to change the jurisdic tion of the recorder's court in said city.
Referred to Committee on County and Urban Affairs.

HB 1780. By Representatives Richardson of the 52nd, Hawkins of the 50th, Russell of the 53rd and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur,

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in the County of DeKalb, State of Georgia, and the several Acts amenda tory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur, Ga.
Referred to Committee on County and Urban Affairs.

HB 1781. By Representatives Richardson of the 52nd, Hawkins of the 50th, Russell of the 53rd and others:
A bill to amend an Act creating a new charter for the City of Atlanta, approved Mar. 16, 1973 (Ga. Laws 1973, p. 2188), as amended, so as to change the corporate limits of said city; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1782. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to require representatives of the governing authority of any county in this State which contains the smaller portion of the population of a city with a total population of 400,000 or more according to the U. S. Decennial Census of 1970, or any future such census, to meet annually with representatives of the governing authority of any such city.
Referred to Committee on County and Urban Affairs.

HB 1785. By Representative Cox of the 141st:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of said officer shall become the property of the county. Referred to Committee on County and Urban Affairs.

HB 1792. By Representative Sigman of the 74th:
A bill to amend an Act providing for a new Board of Education of Newton County so as to require competitive bids for certain purchases. Referred to Committee on County and Urban Affairs.

HB 1793. By Representative Sigman of the 74th:
A bill to provide for the filling of vacancies which shall occur in the offices of mayor and councilman of the City of Porterdale; to provide that the mayor pro tempore shall act as the mayor in the absence, disability or inability of the mayor to serve. Referred to Committee on County and Urban Affairs.

HB 1804. By Representatives Lambert of the 112th, and Milford, Mann and Clark of the 13th:
A bill to create and establish the Greene County Airport Authority and

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1127

to authorize such authority to acquire, construct, equip, maintain, oper ate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and con venient facilities appertaining to such undertakings.
Referred to Committee on County and Urban Affairs.

HB 1806. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to amend an Act placing the Sheriff of Oconee County on a salary basis of compensation so as to change the provisions relating to auto mobiles. Referred to Committee on County and Urban Affairs.

HB 1807. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Oconee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees; costs or other emoluments of said officer shall become the property of the county.
Referred to Committee on County and Urban Affairs.

HB 1808. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to amend an Act creating the Board of Commissioners of Oconee County so as to change the compensation of the Chairman of the Board of Commissioners of Oconee County. Referred to Committee on County and Urban Affairs.

HB 1809. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to abolish the present mode of compenstating the Judge of the Probate Court of Oconee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county.
Referred to Committee on County and Urban Affairs.

HB 1811. By Representatives Knight of the 67th and Ware of the 68th:
A bill to abolish the office of Treasurer of Coweta County; to provide that the Board of Commissioners of Coweta County shall appoint deposi tories for county funds. Referred to Committee on County and Urban Affairs.

HB 1817. By Representatives Clark, Milford, and Mann of the 13th and Russell of the 64th:
A bill to amend an Act creating the office of Tax Commissioner of

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Oconee County so as to change the provisions relating to the compensa tion of the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 1818. By Representative Irvin of the 10th:
A bill to amend an Act incorporating the City of Toccoa so as to clarify a provision relative to the date of an election. Referred to Committee on County and Urban Affairs.

HB 293. By Representatives Howard of the 19th and Edwards of the 20th:
A bill to amend an Act creating the Peace Officers Annuity and Benefit Fund so as to change certain provisions relating to disability benefits; to provide a procedure for determining eligibility for disability benefits. Referred to Committee on Retirement.

HB 541. By Representative Ham of the 80th:
A bill to provide for the manner and method of disclosure of fees and reimbursable expenses paid by the city, county, municipality or municipal corporation, or by any authority, created, authorized, or provided for by State law, or by any board, bureau, commission, committee, department, institution, office, retirement system, or any other agency of the State of Ga. Referred to Committee on County and Urban Affairs.

HB 1042. By Representative Larsen of the 27th:
A bill to amend Code Title 61, relating to landlords and tenants, so as to change the provisions relating to the rights of tenants; to provide that a tenant for residential purposes shall have certain rights. Referred to Committee on Judiciary.

HB 1369. By Representatives Hawkins of the 50th, Ross of the 76th, Sizemore of the 136th and others:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State so as to provide for leaves of absence for maternity reasons. Referred to Committee on Education.

HB 1371. By Representatives Irvin of the 23rd, Carnes of the 43rd, Evans of the 84th and others:
A bill to amend the Code of Georgia of 1933, as amended, by striking Code Title 46, relating to garnishment, as amended, in its entirety and inserting in lieu thereof a new Code Title 46 so as to provide for the right to the writ of garnishment after judgment; to provide for af fidavit and bond for garnishment.
Referred to Committee on Judiciary.

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1129

HB 1378. By Representatives Miles of the 86th, Cornell of the 87th and Dent of the 85th:
A bill to amend an Act establishing the State Employees Retirement System approved Feb. 3, 1949 so as to change the retirement require ments and benefits for certain personnel of the Department of Revenue. Referred to Committee on Retirement.

HB 1385. By Representative Phillips of the 59th:
A bill to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended, so as to change the provisions relative to the amount of the penalty. Referred to Committee on Banking, Finance and Insurance.

HB 1445. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Chapter 84-9 of the Code of Ga. of 1933 relating to medical practitioners, as amended, to provide that whenever a judgment of $3,000 or more in a case of malpractice of surgery and medicine is rendered against a person licensed by the Composite State Board of Medical Examiners, the Clerk of the Court in which the judgment was entered shall notify the Board.
Referred to Committee on Judiciary.

HB 1447. By Representative Buck of the 95th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to accumulated days of forfeited annual and sick leave. Referred to Committee on Retirement.

HB 1466. By Representative Adams of the 36th:
A bill to amend an Act creating the Department of Commerce, so as to provide that the Bureau of Community Affairs has authority to recom mend reversal of denials by the Office of Planning and Budget in regard to application by cities, counties, and area planning and development commissions for federal funds. Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1533. By Representative Childers of the 15th:
A bill to amend Code Section 84-509, relating to the scope of the prac tice of chiropractors, so as to provide that certain students enrolled in an approved chiropractic college may perform chiropractic tasks under the supervision of an authorized instructor duly licensed to practice chiropractic in this State. Referred to Committee on Human Resources.

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HB 1580. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 so as to change the semiannual reporting re quirements of the Authority. Referred to Committee on County and Urban Affairs.

HB 1671. By Representatives Castleberry of the lllth, Ware of the 68th, Peters of the 2nd and others:
A bill to amend Code Title 56, relating to insurance, as amended, so as to change the provisions relating to the collection and disposition of fees, taxes and funds; to provide for refunds and credits; to provide for time limits. Referred to Committee on Banking, Finance and Insurance.

HB 1672. By Representatives Castleberry of the lllth, Ware of the 68th, Peters of the 2nd and others:
A bill to amend Code Chapter 56-13, relating to fees and taxes as amended, so as to provide that certain information shall be confidential and privileged; to prohibit the disclosure of certain confidential informa tion; to provide for exceptions. Referred to Committee on Banking, Finance and Insurance.

HB 1763. By Representatives Walker of the 115th, Coleman of the 118th, Jessup of the 117th and others:
A bill to amend an Act establishing and creating a program to provide scholarships to the children of law enforcement officers, firemen and prison guards who are permanently disabled or killed in the line of duty so as to change certain provisions relating to eligibility.
Referred to Committee on Education.

HR 586. By Representative Carnes of the 43rd:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize and empower the governing authority of Fulton County, Georgia, to enact ordinances and traffic regulations for the policing and governing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in said board and provide penalties for violation of such ordinances.
Referred to Committee on County and Urban Affairs.

HR 597. By Representative Bray of the 70th:
A resolution authorizing the conveyance of certain State-owned real property located in Meriwether County, Georgia, to the IMLAC Com munity Club, Inc. Referred to Committee on Public Utilities.

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1131

HR 626. By Representatives Tolbert and Davis of the 56th, Linder of the 44th and Williamson of the 45th:
A resolution proposing an amendment to the Constitution so as to create the DeKalb County Solid Waste Disposal Authority; to provide for powers, authority, funds, purposes and procedure; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 665. By Representatives Peters of the 2nd and Leonard of the 3rd:
A resolution authorizing the conveyance of certain real property located in Catoosa County, Georgia. Referred to Committee on Public Utilities.

HB 681. By Representative Holmes of the 39th:
A bill to amend Code Section 34-609 relating to the form of registration cards so as to change the provisions relative to the form of the registra tion card. Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 769. By Representatives Murphy of the 18th, Connell of the 87th, Wood of the 9th and others:
A resolution urging the Georgia delegation to the United States Congress to assist in the efforts to obtain direct European flight service for Atlanta. Referred to Committee on Rules.

HR 770. By Representatives Lambert of the 112th and Carlisle of the 71st:
A resolution urging and requesting the Congress of the United States to amend the federal Clean Air Act. Referred to Committee on Rules.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under considera tion the following bills of the Senate and House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
SB 638. Do pass. SB 635. Do pass.

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HB 1660. Do pass. HB 1662. Do pass. HB 1657. Do pass by substitute.

Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Stephens of the 36th District, Chairman of the Committee on Con sumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs has had under consideration the follow ing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 495. Do pass by substitute. HB 1138. Do pass. HB 1394. Do pass. HB 1395. Do pass.
Respectfully submitted, Senator Stephens of the 36th District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 612. Do pass. SB 613'. Do pass. SB 617. Do pass. SB 618. Do pass. SB 619. Do pass. SB 620. Do pass. SB 625. Do pass. SB 630. Do pass. SB 631. Do pass.

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1133

HB 1574. Do pass by substitute. HB 1586. Do pass. HB 1594. Do pass. HB 1644. Do pass. HB 1645. Do pass. HB 1646. Do pass. HB 1647. Do pass. HB 1665. Do pass. HB 1666. Do pass. HB 1689. Do pass. HB 1690. Do pass. HB 1699. Do pass. HB 1700. Do pass. HB 1711. Do pass. HB 1735. Do pass. HB 1736. Do pass. HB 1737. Do pass. HB 1738. Do pass. HB 1742. Do pass. HB 1743. Do pass. SR 342. Do pass by substitute. HR 596. Do pass by substitute. HR 615. Do pass. HR 616. Do pass. HR 620. Do pass. HR 625. Do pass.

Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills

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of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 530. Do not pass. SB 552. Do not pass. HB 797. Do pass. HB 1399. Do pass. HB 1405. Do pass. HB 1431. Do pass. HB 1526. Do pass.

Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement had had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 493. Do not pass. HB 190. Do pass. HB 312. Do pass.
Respectfully submitted, Senator Lester of the 23rd District, Chairman
The following bills and resolutions of the Senate and House were read the second time:

SB 621. By Senators Gillis of the 20th, Starr of the 44th and Doss of the 52nd:
A bill to amend Code Section 88-2005, relating to persons authorized to extract eyes from a deceased donor's body, as amended, so as to au thorize such extraction by any technician trained by and in the employ of the eye bank.

SB 633. By Senators Brantley of the 56th, Barnes of the 33rd, Thompson of the 32nd and others:
A bill to require every telephone answering service in this State to notify each of its customers who are licensed to practice dentistry and medicine

WEDNESDAY, FEBRUARY 18, 1976

1135

whenever the telephone answering service is to be suspended or termi nated for any reason; to provide the procedure connected therewith.

SR 315. By Senator Broun of the 46th: A resolution creating the Troubled Children Study Committee.

SR 331. By Senators Shapard of the 28th, Fincher of the 54th, Hudson of the 35th and others:
A resolution relative to changes in the Public Assistance Laws.

SR 332. By Senator Brown of the 47th:
A resolution authorizing- the conveyance of certain State-owned real property located within Elbert County to Elbert County; authorizing the sale and transfer of certain State-owned surplus personal property to Elbert County.

SB 569. By Senators Starr of the 44th and Langford of the 51st:
A bill to provide for the creation of a Professional Standards Commis sion to advise the State Board of Education concerning the preparation, certification, and professional growth of those persons who teach or perform educational duties in the school systems or schools of this State; to provide an effective date.

SB 571. By Senators Hudson of the 35th, Hamilton of the 34th, Doss of the 52nd and others:
A bill to provide for the regulation of practitioners of Social Work in the State of Georgia; to provide for a short title; to provide for de clared purposes; to define certain terms.

SB 603. By Senator Garrard of the 37th:
A bill to amend Code Chapter 88-31, relating to ambulance services, so as to provide for the definition, training and duties of emergency medical technicians, advanced emergency medical technicians and cardiac technicians.
SB 611. By Senator Barnes of the 33rd:
A bill to create the Georgia Fire Academy; to provide for the purposes of the Academy; to create the Georgia Fire Academy Board; to provide that the Academy shall be attached to the Department of Public Safety for administrative purposes only; to amend the Georgia Firefighter Standards and Training Act, to replace the Georgia Fire Institute with the Georgia Fire Academy.

SB 615. By Senator Langford of the 51st:
A bill to provide a method of payment to superior court judges emeritus who are requested to serve in certain counties; to provide the method of making such payments by the governing authorities of such counties.

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SR 339. By Senator Riley of the 1st:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to The Branigar Organization, Inc., an Illinois corporation authorized to do business in Georgia, an easement for the construction, operation and maintenance of a community marina.

SR 343. By Senator Brown of the 47th:
A resolution approving the Purchase Bid (and the bidder) of Crittenden, Reingold and Green, a Georgia General Partnership, composed of Edward E. Crittenden, A. General Partner, Arvin H. Reingold, a General Partner, and Thomas M. Green, Jr., a General Partner, hereinafter throughout this entire Resolution for convenience referred to as "Purchaser".

SR 346. By Senator Kidd of the 25th:
A resolution authorizing the transfer of certain real property from the Department of Human Resources to the Department of Corrections/ Offender Rehabilitation.

SR 349. By Senator Garrard of the 37th: A resolution creating the Health Laws Study Committee.

HB 588. By Representatives Hatcher of the 131st, Walker of the 115th, Evans of the 84th and others:
A bill to amend Code Section 27-2503, relating to presentence hearings for the determination of punishment to be imposed in felony cases, so as to provide for sentencing procedure in all cases in which the death penalty may be imposed and which are tried by a jury.

HB 1249. By Representative Wall of the 61st:
A bill to provide that every person who withdraws blood from an in dividual or separates blood into components by physical processes shall affix to each container of such blood or components a label indicating whether the blood was obtained by purchase or donation.

HB 1281. By Representative Greer of the 43rd:
A bill to amend Code Chapter 84-6, relative to the practice of podiatry, as amended, so as to change the provisions relative to the examination and qualifications of applicants; to change the provisions relative to the refusal or revocation of licenses.

HB 1346. By Representative Greer of the 43rd:
A bill to amend an Act creating the State Board of Dispensing Opticians and providing for the licensing of dispensing opticians so as to provide

WEDNESDAY, FEBRUARY 18, 1976

1137

for additional training of dispensing opticians; to provide the procedures connected therewith.

HR 537. By Representatives Lambert of the 112th, Carlisle of the 71st, Carr of the 105th and others:
A resolution authorizing and directing the State Personnel Board and the State Merit System of Personnel Administration to implement a Certi fied Public Management Program in the State Government of Georgia.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell MoDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Not answering to their names were Senators:

Hill Hudson

Pearce

Stephens

Senator Lewis of the 21st introduced the chaplain of the day, Rev. Kelmer Durden, pastor of the Church of God, Kite, Georgia, who offered prayer.

Senator Barker of the 18th introduced the doctor of the day, Dr. J. R. Arnall of Perry, Georgia.

SENATE CALENDAR Wednesday, February 18, 1976 HB 782. Income Tax Laws--amend certain sections (SUB/AM) SR 27. Constitutional Amendments--by initiative petition (SUB)

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SR 336. Senate President Pro Tempore-circumstances for becoming presi dent
HB 784. Malt Beverages-limit on possession, transporting non-taxed (AM)
HR 527. Portion Highway 41 and 341--"Peach Blossom Trail"

The following general bill of the House, favorably reported by the committee, read the third time on March 25, 1975, and tabled, removed from the table January 20, 1976, postponed to January 21, 1976, committed on January 22, 1976, was favorably reported by the committee and put upon its passage:

HB 782, By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78, relating to credits against income taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to HB 782:
A BILL
To be entitled an Act to repeal Georgia Laws 1937, pp. 109 and 147, relating to expenses of administering the income tax laws and the sub mission of annual budget sheets; to repeal Georgia Laws 1959, p. 7, relating to credits against income taxes for payments made to corpora tions and other organizations organized and operated exclusively for educational purposes; to repeal subsection (n) of Section 92-3002 of the Code of Georgia of 1933 (Ga. Laws 1937, pp. 109 and 112), relating to the definition of the word "sales"; to amend Section 92-3301 of the Code of Georgia of 1933, as amended, relating to installment payments and estimated tax returns; to provide for an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Georgia Laws 1937, pp. 109 and 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets, is hereby repealed in its entirety. Georgia Laws 1959, p. 7, relating to credits against income taxes for payments made to corpo rations and other organizations organized and operated exclusively for educational purposes is hereby repealed in its entirety. Subsection (n) of Section 92-3002 of the Code of Georgia of 1933, as amended, particu larly by Georgia Laws 1937, pp. 109 and 112, relating to the definition of the word "sales", is hereby repealed in its entirety; and subsections (o),and (p) of said Section 92-3002 are hereby redesignated as sub sections (n) and (o), respectively. Section 92-3301 of the Code of Georgia of 1933, as amended, is hereby further amended by striking in their entirety subsection (e), relating to the installment payment of income

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1139

taxes, and subsection (f), relating to the payment of estimated income taxes.

Section 2. This Act shall become effective immediately upon its approval, or its otherwise becoming a law, and shall apply to all taxable years beginning on or after January 1, 1976.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McDowell of the 2nd offered the following amendment:
Amend the substitute offered by the Senate Committee on Banking, Finance and Insurance to HB 782 by inserting after the word and semi colon "returns;" on line 12 of Page 1 the following:
"to amend an Act known as the 'Georgia Retailers' and Con sumers' Sales and Use Tax Act', approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), so as to change the method of distributing funds; to provide that the governing authority of the county shall grant a tax credit to certain ad valorem property tax payers as a condition precedent to the exercise of the authority to levy the tax authorized by this Act; to define 'homestead'; to provide for other matters relative to the foregoing;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By adding a new Section 2 to read as follows:
"Section 2. An Act known as the 'Georgia Retailers' and Consumers' Sales and Use Tax Act', approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act ap proved April 24, 1975 (Ga. Laws 1975, p. 984), is hereby amended by striking subsection (e) and subsection (j) of Section 26A in their entirety and inserting in lieu thereof two new subsections (e) and (j) to read as follows:
'(e) The proceeds of the tax collected by the State Revenue Commissioner under this Section shall be disbursed as soon as prac ticable after collection as follows:
(1) One percent of the amount collected shall be paid into the general funds of the State Treasury in order to defray the costs of the administration.
(2) An amount sufficient to reimburse the county for the loss of tax revenue attributable to the tax credit authorized under the provisions of subsection (j) of this Section shall be deducted and remitted to the county fiscal authority.
(3) Except for the funds provided for in paragraphs (1) and

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(2) hereof, the county levying such tax shall receive that portion of the proceeds of such tax as the population of the unincorporated areas of such county bears to the total population of such county.

(4) Except for the funds provided for in paragraphs (1) and (2) hereof, each incorporated municipality lying wholly or partially within the county levying such tax shall receive that portion of the proceeds of such tax as such municipality's population, lying wholly within the county levying such tax, bears to the total population of such county.
(5) As used in paragraphs (3) and (4) hereof, population means population as determined by the United States Decennial Census of 1970 or any future such census.'
'(j) As a condition precedent to the exercise of the authority to levy the tax authorized by this Section, the governing authority of the county shall grant a tax credit to each homestead equal to a $3,000 increase in the homestead exemption for each such ad valorem property taxpayer who qualifies for a $2,000 homestead exemption. The governing authority of the county shall grant a tax credit to each homestead equal to a $4,000 increase in the homestead exemption for each ad valorem property taxpayer who qualifies for a $4,000 homestead exemption if his net income from all sources, including the net income of his spouse, does not exceed $8,000 per annum. No credit authorized under this Section shall be granted to any taxpayer unless such taxpayer pays his then current tax liability for county ad valorem property taxes on or before the date such liability shall become due. For the purposes of this Section, "homestead" shall mean and include all that tangible property upon which an ad valorem property tax exemption was claimed and allowed.' "

On the adoption of the amendment to the committee substitute, the yeas were 23, nays 15, and the amendment to the committee substitute was adopted.

On the adoption of the committee substitute, the yeas were 30, nays 2, and the committee substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Bond

Carter Dean of 6th Dean of 31st Duncan

Eldridge Fincher Gillis Hamilton of 26th

WEDNESDAY, FEBRUARY 18, 1976

1141

Hamilton of 34th Holloway Hudson Kennedy Kidd Lester Lewis

McDowell McDuffie McGill Pearce Riley Russell Starr

Stumbaugh Sutton Timmons Traylor Turner Warren Young

Those voting in the negative were Senators:

Ballard Banks Brantley Broun of 46th Brown of 47th Coverdell Doss

Foster Garrard Hill Howard Langford Overby Reynolds

Robinson Shapard Summers Tate Thompson Tysinger

Those not voting were Senators:

Holley

Hudgins

Stephens

On the passage of the bill, the ayes were 33, nays 20.

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

The following general bill and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 27. By Senators Hamilton of the 26th, Riley of the 1st, Sutton of the 9th and Eldridge of the 7th:
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 propose, by initiative petition, statutes and amendments to statutes and amendments to the Constitution and to enact or reject them at the polls; to provide procedures and restrictions connected therewith; to provide for initiative powers of registered voters of municipalities; to provide exceptions; to provide that the provisions shall be self-executing; 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 of the Constitution of Georgia is hereby amended by adding at the end thereof a new Section, to be designated Section XII, to read as follows:

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"SECTION XII.

Paragraph I. Power Vested in the People. Notwithstanding any other provision of this Constitution, the people of Georgia re serve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to the Consti tution and to enact or reject them at the polls; provided, however, that all bills for raising revenue or appropriating money shall originate in the House of Representatives and shall not be the sub ject of an initiative petition. The people, through the initiative petition, shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
If conflicting initiative petitions submitted to the people at the same general election are approved, the petition receiving the highest number of affirmative votes shall become law as to all conflicting provisions. After an initiative petition is defeated by the people voting in a general election, an initiative petition which contains essentially the same provisions shall not be submitted to the people at the next two (2) general elections.
Each person signing an initiative petition shall affix thereto his or her signature, residence address, and the name of the county in which he or she is a registered voter. The petition may consist of more than one (1) document, but each document shall have affixed thereto an affidavit made by one (1) of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Georgia.
Paragraph II. Initiative Petitions Proposing Amendments to the Constitution. An initiative petition proposing an amendment to the Constitution shall be signed in each Congressional District by a number of registered voters equal to ten (10) percent or more of the number of voters who voted at the last preceding general election, but the total number of registered voters signing the initiative peti tion shall be equal to fifteen (15) percent or more of the voters who voted in the entire State at the last preceding general election. The initiative petition shall state the full text of the constitutional amendment and shall contain the following enacting clause: 'BE IT RESOLVED BY THE PEOPLE OF THE STATE OF GEOR GIA.' An initiative petition proposing an amendment to the Con stitution shall not refer to more than one (1) subject matter and shall not contain matter different from what is expressed in the title thereof.
Such initiative petition proposing an amendment to the Consti tution shall be filed with the Secretary of State not less than one hundred and twenty (120) days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire State. The Secretary of State shall cause the entire text of the proposed amendment to be published in a newspaper of general circulation in each Con-

WEDNESDAY, FEBRUARY 18, 1976

1143

gressional District of the State as provided by law once each week for three (3) consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. Amendments to the Constitution proposed by initiative petition shall appear on the ballots in the same form as other proposed amendments. The provisions of Article XIII, Section I, Paragraph IV of the Constitution, relating to effective dates of amendments to the Constitution, shall be applicable to amendments proposed by initiative petition.
Paragraph III. Initiative Petitions Proposing Statutes and Amendments to Statutes. An initiative petition proposing a statute or an amendment to a statute shall be signed in each Congressional District by a number of registered voters equal to ten (10) percent or more of the number of voters who voted at the last preceding general election, but the total number of registered voters signing the initiative petition shall be equal to fifteen (15) percent or more of the voters who voted in the entire State at the last preceding general election. An initiative petition proposing a statute or an amendment to a statute shall not refer to more than one (1) subject matter and shall not contain matter different from what is expressed in the title thereof. Such initiative petition shall state the full text of the statute or an amendment to a statute and shall contain the following enacting clause: 'BE IT ENACTED BY THE PEOPLE OF THE STATE OF GEORGIA.' No law or Section of the Code shall be amended or repealed by mere reference to its title or to the number of the Section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed as well as the alteration to be made.
Such initiative petition proposing a statute or an amendment to a statute shall be filed with the Secretary of State not less than thirty (30) days prior to any regular session of the legislature. The Secretary of State shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the legislature without change or amend ment within forty (40) days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the Gov ernor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law. If the statute or amend ment to a statute is rejected by the legislature or if no action is taken thereon within forty (40) days, the Secretary of State shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect on the thirtieth (30th) day following the election. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside, or suspended by the legislature within two (2) years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. An initiative measure approved by the voters shall have the same force of authority as a law enacted by the
General Assembly.

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Paragraph IV. Initiative Powers of Registered Voters of Mulnicipalities. The General Assembly shall be authorized to provide initiative powers for registered voters of municipalities by amending municipal charters through local legislation; provided, however, that initiative petitions shall be instituted by a number of registered voters equal to fifteen (15) percent or more of the voters who voted at the last preceding municipal general election.

Paragraph V. Provisions of Section Self-Executing; Legisla tive Procedures. The provisions of this Section are self-executing but the legislature may provide by law for procedures to facilitate the operation thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the people of the State of Georgia
( ) NO shall have the power to propose, by initiative petition, statutes and amendments to statutes and amendments to the Constitution and to enact or reject them at the polls; to provide procedures and restrictions connected therewith; to provide for initiative powers of registered voters of mu nicipalities; to provide exceptions; and to provide that the provisions shall be self-executing?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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 Senate Committee on Rules offered the following substitute to SR 27:
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 propose, by initiative petition, statutes and amendments to statutes and amendments to the Constitution and to enact or reject them at the polls; to provide procedures and restrictions connected therewith; to provide for initiative powers of registered voters of municipalities; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1976

1145

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section I. Article III of the Constitution of Georgia is hereby amended by adding at the end thereof a new Section, to be designated Section XII, to read as follows:

"SECTION XII.
Paragraph I. Power Vested in the People. Notwithstanding any other provision of this Constitution, the people of Georgia re serve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to the Con stitution and to enact or reject them at the polls; provided, however, that all bills for raising revenue or appropriating money shall origi nate in the House of Representatives and shall not be the subject of an initiative petition. The people, through the initiative petition, shall have the power to make all laws consistent with this Constitu tion, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
If conflicting initiative petitions submitted to the people at the same general election are approved, the petition receiving the highest number of affirmative votes shall become law as to all conflicting provisions. After an initiative petition is defeated by the people voting in a general election, an initiative petition which contains essentially the same provisions shall not be submitted to the people at the next two (2) general elections.
Each person signing an initiative petition shall affix thereto his or her signature, residence address, and the name of the county in which he or she is a registered voter. The petition may consist of more than one (1) document, but each document shall have af fixed thereto an affidavit made by one (1) of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Georgia.
Paragraph II. Initiative Petitions Proposing Amendments to the Constitution. An initiative petition proposing an amendment to the Constitution shall be signed in each Congressional District by a number of registered voters equal to ten (10) percent or more of the number of voters who cast their vote for the office of Gov ernor of this State at the last preceding general election for such office in each Congressional District, but the total number of regis tered voters signing the initiative petition shall be equal to fifteen (15) percent or more of the total number of voters who cast their vote for the office of Governor of this State at the last preceding election for such office. The initiative petition shall state the full text of the constitutional amendment and shall contain the following enacting clause: 'BE IT RESOLVED BY THE PEOPLE OF THE

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STATE OF GEORGIA.' An initiative petition proposing an amend ment to the Constitution shall not refer to more than one (1) subject matter and shall not contain matter different from what is expressed in the title thereof.

Such initiative petition proposing an amendment to the Consti tution shall be filed with the Secretary of State not less than one hundred and twenty (120) days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire State. The Secretary of State shall immediately proceed to examine and validate each petition filed with him and certify whether or not the proper number of valid signatures has been secured. The Secretary of State shall cause the entire text of the proposed amendment to be published in a newspaper of general circulation in each Congres sional District of the State as provided by law once each week for three (3) consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. Amendments to the Constitution proposed by initiative petition shall appear on the ballots in the same form as other proposed amend ments. The provisions of Article XIII, Section I, Paragraph IV of the Constitution, relating to effective dates of amendments to the Constitution, shall be applicable to amendments proposed by initia tive petition.

Paragraph III. Initiative Petitions Proposing Statutes and Amendments to Statutes. An initiative petition proposing a statute or an amendment to a statute shall be signed in each Congressional District by a number of registered voters equal to ten (10) percent or more of the number of voters who cast their vote for the office of Governor of this State at the last preceding general election for such office in each Congressional District, but the total number of registered voters signing the initiative petition shall be equal to fifteen (15) percent or more of the total number of voters who cast their vote for the office of Governor of this State at the last pre ceding election for such office. An initiative petition proposing a statute or an amendment to a statute shall not refer to more than one (1) subject matter and shall not contain matter different from what is expressed in the title thereof. Such initiative petition shall state the full text of the statute or an amendment to a statute and shall contain the following enacting clause: "BE IT ENACTED BY THE PEOPLE OF THE STATE OF GEORGIA.' No law or Section of the Code shall be amended or repealed by mere reference to its title or to the number of the Section of the Code, but the amending or repealing act shall distinctly describe the law to be amended or repealed as well as the alteration to be made.

Such initiative petition proposing a statute or an amendment to a statute shall be filed with the Secretary of State not less than thirty (30) days prior to any regular session of the legislature.
The Secretary of State shall immediately proceed to examine and validate each petition filed with him and certify whether or not the proper number of valid signatures has been secured. The Secretary of State shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take prec-

WEDNESDAY, FEBRUARY 18, 1976

1147

edence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be en acted or rejected by the legislature without change or amendment within forty (40) days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the Governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law. If the statute or amend ment to a statute is rejected by the legislature or if no action is taken thereon within forty (40) days, the Secretary of State shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect on the thirtieth (30th) day following the election. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside, or sus pended by the legislature within two (2) years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. An initiative measure approved by the voters shall have the same force of authority as a law enacted by the General Assembly.

Paragraph IV. Initiative Powers of Registered Voters of Municipalities. The General Assembly shall be authorized to provide initiative powers for registered voters of municipalities by amending municipal charters through local legislation; provided, however, that initiative petitions shall be instituted by a number of registered voters equal to fifteen (15) percent or more of the voters who cast their vote for the office of the chief executive of the municipality at the last preceding election for such office.

Paragraph V. Provisions of Section Self-Executing; Legisla tive Procedures. The provisions of this Section are self-executing but the legislature may provide by law for procedures to facilitate the operation thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
" ( ) YES Shall the Constitution be amended so as to pro vide that the people of the State of Georgia
( ) NO shall have the power to propose, by initiative petition, statutes and amendments to statutes and amendments to the Constitution and to enact or reject them at the polls; to provide procedures and restrictions connected therewith; to provide for initiative powers of registered voters of mu nicipalities; to provide exceptions; and to pro vide that the provisions shall be self-executing?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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.

Senator Bell of the 5th offered the following amendment:
Amend the substitute offered by the Committee on Rules to SR 27 by adding on Page 1, line 23, following the word "raising", the fol lowing words:
"or lowering".

On the adoption of the amendment offered by Senator Bell of the 5th to the committee substitute, the yeas were 30, nays 1, and the amendment was adopted.

Senator Hamilton of the 26th offered the following amendment:
Amend the substitute offered by the Committee on Rules to SR 27 by changing "forty (40)", line 8, Page 5, to "forty-five (45)"; and changing "forty (40)", line 14, Page 5, to "forty-five (45)".

On the adoption of the amendment offered by Senator Hamilton of the 26th to the committee substitute, the yeas were 30, nays 0, and the amendment was adopted.

On the adoption of the committee substitute, the yeas were 31, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley

Broun of 46th Carter Coverdell Dean of 31st Duncan Eldridge Fincher

Foster Garrard Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins

WEDNESDAY, FEBRUARY 18, 1976

1149

Hudson Lester McDowell Riley Robinson

Shapard Starr Stumbaugh Summers Sutton

Tate Thompson Turner Tysinger Warren

Those voting in the negative were Senators:

Brown of 47th Dean of 6th Doss Gillis Hill Holley Kennedy

Kidd Langford Lewis McDuffie McGill Overby

Pearce Reynolds Russell Timmons Traylor Young

Not voting was Senator Stephens.

On the adoption of the resolution, the yeas were 36, nays 19.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Hamilton of the 26th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 27.

SR 336. By Senators Garrard of the 37th, Kidd of the 25th, Gillis of the 20th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the President Pro Tempore of the Senate shall become President of the Senate in case of the death, resignation or disability of the President of the Senate; 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 V, Paragraph II of the Constitution, relating to the President and President Pro Tempore of the Senate, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph II, to read as follows:
"Paragraph II. President and President Pro Tempore. The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall become President in case of the death,

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resignation or permanent disability of the President or in the event of the succession of the President to the executive power. In the event the President is unable to perform the duties of his office because of temporary disability, the President Pro Tempore shall act as President during the period of temporary disability. In the event the President Pro Tempore becomes President while the General Assembly is in session, the Senate shall elect a President Pro Tem pore viva voce from the Senators. In the event the President Pro Tempore becomes President at a time when the General Assembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session, if any, during the same term, whether it be a regular session or an extraordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. When a President Pro Tempore becomes President of the Senate as provided in this Paragraph, such President shall receive the same compensa tion and allowances as the Speaker of the House of Representatives. The provisions of this Paragraph shall become effective on the first day of the regular session of the General Assembly in 1977, except in the event a vacancy occurs in the office of Lieutenant Governor prior to such date the provisions of this Paragraph shall become effective on the date such vacancy occurs. Until that time the provisions of this Paragraph as they existed prior to the rati fication of this amendment shall remain in force and effect."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to pro vide that the President Pro Tempore of the Sen-
( ) NO ate shall become President of the Senate in case of the death, resignation or permanent disability of the President of the Senate?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 18, 1976

1151

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hill.

Those not voting were Senators:

Bond Pearce

Robinson Stephens

Timmons

On the adoption of the resolution, the yeas were 50, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HB 784. By Representative Greer of the 43rd:
A bill to amend an Act relating to malt beverage taxes so as to make it unlawful for any person, firm or corporation to possess or transport more than 1440 fluid ounces of malt beverages upon which the taxes imposed on such beverages have not been paid.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing amendment:
Amend HB 784 by inserting on Page 1, line 6 and Page 2, line 18, following the word "ounces", the following:
"or five cases of twenty-four 12-ounce containers".

On the adoption of the amendment, the yeas were 0, nays 38, and the amend ment offered by the Committee on Banking, Finance and Insurance was lost.

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Senator McDuffie of the 19th offered the following amendment:

Amend HB 784 by striking the following: "1440 fluid ounces" where it appears on Page 1, line 6, and Page 1, line 26 and Page 2, line 18,

And inserting in lieu thereof the following:

"five (5) cases".

On the adoption of the amendment offered by Senator McDuffie of the 19th, the yeas were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker
Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Fincher Foster Gillis Hamilton of 26th

Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Those voting in the negative were Senators:

Barnes Dean of 6th Dean of 31st

Eldridge Hamilton of 34th

Those not voting were Senators:

Duncan Garrard

Holloway Stephens

Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Hill Hudson
Timmons

On the passage of the bill, the yeas were 44, nays 7.

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

WEDNESDAY, FEBRUARY 18, 1976

1153

HR 527. By Representatives Culpepper of the 98th, Walker of the 115th, Smith of the 78th and others:
A resolution designating a portion of U.S. Highway 41 and a portion of U.S. Highway 341 as the "Peach Blossom Trail."

Senator Starr of the 44th offered the following amendment:
Amend HR 527 by striking the period and adding on Page 2, line 8, the following: "; Provided, however, that said Department shall not have the power to change the names of any streets along such route."

On the adoption of the amendment, the yeas were 36, nays 1, and the amend ment was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th
Brown of 47th
Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Eldridge
Fincher
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy
Kidd
Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby

Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers
Sutton
Tate
Thompson
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Duncan Foster Holloway

Hudgins Pearce

Stephens Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

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The resolution, having received the requisite constitutional majority, was adopted as amended.

The following resolution of the Senate, read the third time and defeated on February 17, 1976, and reconsidered on February 18, 1976, was put upon its adoption:

SR 337. By Senators Starr of the 44th, Kidd of the 25th, Langford of the 51st and Howard of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may divide the State Board of Pardons and Paroles into panels of not less than three members; to provide for the jurisdiction of such panels and the Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph XI of the Constitution is hereby amended by striking the words:
", and in all cases a majority shall decide the action of the Board.",
and inserting in lieu thereof a period and the following words:
"The General Assembly may by law provide for division of the Board into panels of not less than three members and may provide for the jurisdiction of such panels. Any matter within the juris diction of the Board which is not by law within the jurisdiction of a panel of the Board shall be decided by the full Board. All cases within the jurisdiction of a panel of the Board shall be decided by a majority of the panel. Action taken by the full Board shall be decided by a majority of the full Board.",
so that when amended said Paragraph shall read as follows:
"Paragraph XI. Reprieves and pardons; State Board of Par dons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Gover nor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct

WEDNESDAY, FEBRUARY 18, 1976

1155

its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles to be composed of not less than five nor more than seven members, the number to be determined by the General Assembly. Until changed by the General Assembly, the Board shall consist of three members. The additional members of the Board, if added by the General Assembly, and the successors to the present members and all members of the Board who are subsequently appointed to fill vacancies shall continue to serve on the Board for a period of seven years or until they shall be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by the judgment of the Senate in a trial of impeachment. All appoint ments to the Board shall be made by the Governor and shall be sub ject to the confirmation of the Senate. The present members of the Board shall serve out the terms to which they were appointed. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General Assembly, the members shall continue to receive that compensation which the present members are receiving. The State Board of Par dons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State after conviction, except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such Board shall act on all ap plications within 90 days from the filing of same. The General Assembly may by law provide for division of the Board into panels of not less than three members and may provide for the jurisdiction of such panels. Any matter within the jurisdiction of the Board, which is not by law within the jurisdiction of a panel of the Board, shall be decided by the full Board. All cases within the jurisdiction of a panel of the Board shall be decided by a majority of the panel. Action taken by the full Board shall be decided by a majority of the full Board. If any member for any cause is unable to serve in any case involving capital punishment when the Board shall consist of three members, the Governor shall act as the third member of said Board and the action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regu lations as may be authorized by law.

Each year the Board shall elect one of its members to serve as
Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to pro
vide that the State Board of Pardons and ( ) NO Paroles may be divided into three member
panels?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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.

Senator Starr of the 44th offered the following substitute to SR 337:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may divide the State Board of Pardons and Pa roles into panels of not less than three members; to provide for the juris diction of such panels and the Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph XI of the Constitution is hereby amended by striking the words:
", and in all cases a majority shall decide the action of the Board.",
and inserting in lieu thereof a period and the following words:
"The General Assembly may by law provide for division of the Board into panels of not less than three members and may provide for the jurisdiction of such panels. Any matter within the jurisdic tion of the Board which is not by law within the jurisdiction of a panel of the Board shall be decided by the full Board. All cases within the jurisdiction of a panel of the Board shall be decided by unanimous vote of the panel. The full Board may review cases denied by a panel. Action taken by the full Board shall be decided by a majority of the full Board.",

WEDNESDAY, FEBRUARY 18, 1976

1157

so that when amended said Paragraph shall read as follows:

"Paragraph XI. Reprieves and pardons; State Board of Par dons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Gover nor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles to be composed of not less than five nor more than seven members, the number to be determined by the General Assembly. Until changed by the Gen eral Assembly, the Board shall consist of three members. The addi tional members of the Board, if added by the General Assembly, and the successors to the present members and all members of the Board who are subsequently appointed to fill vacancies shall continue to serve on the Board for a period of seven years or until they shall be removed from office for cause by the unanimous action of the Gov ernor, Lieutenant Governor and Attorney General or by the judg
ment of the Senate in a trial of impeachment. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. The present members of the Board shall serve out the terms to which they were appointed. The Gover nor shall not be a member of the State Board of Pardons and Pa roles. The General Assembly shall fix the compensation of the members of the Board, but until changed by the General Assembly, the members shall continue to receive that compensation which the present members are receiving. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State after conviction, except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such Board shall act on all applications within 90 days from the filing of same. The General Assembly may by law provide for division of the Board into panels of not less than three members and may provide for the jurisdiction of such panels. Any matter within the jurisdiction of the Board, which is not by law within the jurisdiction of a panel of the Board, shall be decided by the full Board. All cases within the jurisdiction of a panel of the Board shall be decided by unanimous vote of the panel. The full Board may review cases denied by a panel. Action taken by the full Board shall be decided by a majority of the full Board. If any member for any cause is unable to serve in any case involving capital punishment when the Board shall consist of three members,

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JOURNAL OF THE SENATE,

the Governor shall act as the third member of said Board and the action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law.

Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with this Paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to ( ) NO provide that the State Board of Pardons and Paroles may be divided into three member panels?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

On the adoption of the substitute, the yeas were 40, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes

Bell Bond Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st

WEDNESDAY, FEBRUARY 18, 1976

1159

Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson

Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Duncan

Hudgins Stephens

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, proposing an amendment to the Constitution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:10 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

1160

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, February 19, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 1421. By Representatives Hamilton of the 31st, Daughtery of the 33rd, Greer and Horton of the 43rd and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County so as to change the composition of said Board; to provide for the election of members to the Board; to provide for commissioner dis tricts; to provide for terms of office.

HB 1505. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide deferred pension benefits to those persons leaving the employment of said Board of Education after completing ten years of active service and upon subsequently attaining the age of 65 years.

HB 1506. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to change the formula for computation of the amount of retirement bene fits.
HB 1507. By Representatives Greer and Carnes of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the

THURSDAY, FEBRUARY 19, 1976

1161

Board of Education of Fulton County, and for other purposes", so as to provide for an adjustment of retirement or pension benefits for certain teachers and employees and retired persons based upon changes in the cost of living.

HB 1573. By Representative Foster of the 152nd:
A bill to provide a new charter for the City of Hoboken, Ga., in the County of Brantley; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government.

HB 1636. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved Aug. 19, 1912, so as to provide for a change in the method and manner of dismissing employees in the interest of economy in the City of East Point.

HB 1637. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912, so as to pro vide for a change in the functions and duties of the mayor and council of the City of East Point.
HB 1701. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Ga., approved Aug. 19, 1912, as amended so as to provide an additional qualification for a councilman of the City of East Point, that such councilman be a resident within the ward to which such councilman was elected.
HB 1754. By Representative Colwell of the 4th:
A bill to authorize the governing authority of any county of this State having a population of not less than 6,700 nor more than 6,825 according to the U.S. Decennial Census of 1970 or any future such census to appoint the treasurer of any such county to any other county office which such governing authority is authorized to fill by appointment.
HB 1828. By Representative Stone of the 138th:
A bill to amend an Act establishing a Small Claims Court in and for Appling County so as to change the civil jurisdiction of said court; to change the fees for filing claims in said court; to change the title of the bailiffs of said court to marshals of said court.
HB 1829. By Representative Stone of the 138th:
A bill to amend an Act providing a new charter for the City of Hazlehurst so as to change the date of city elections; to provide an effective date.

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JOURNAL OP THE SENATE,

HB 1832. By Representative Stone of the 138th:
A bill to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation so as to change the salary of said sheriff.

HB 1833. By Representative Stone of the 138th:
A bill to amend an Act creating the office of Tax Commissioner of Telfair County so as to change the salary of said tax commissioner; to pro vide for an effective date.

HB 1834. By Representative Stone of the 138th:
A bill to amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system, exclusively, so as to change the salary of said county officer.

HB 1835. By Representative Stone of the 138th:
A bill to amend an Act changing the method of compensating the judge of the probate court of Telfair County, Ga., from the fee system and salary system to the salary system exclusively so as to change the salary of the judge of the probate court.

HB 1836. By Representative Stone of the 138th:
A bill to amend an Act creating the office of commissioner of roads and revenues in and for the County of Telfair, Ga., so as to change the com pensation of said commissioner; to provide an effective date.

HB 1839. By Representatives Williamson of the 45th, Jordan of the 58th, Petro of the 46th and others:
A bill to provide the circumstances in certain counties (population 400,000-500,000) under which receipts for certain tax payments need not be furnished the taxpayer.

HB 1840. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend Code Section 92-6201 relating to the time to make tax returns so as to change the time for making tax returns in certain counties.

HB 1842. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A bill to amend an Act incorporating the Town of Watkinsville so as to authorize the mayor and council of the Town of Watkinsville to appoint a qualified person to preside over the mayor's court.

THURSDAY, FEBRUARY 19, 1976

1163

HB 1852. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act creating a new charter for the Town of Brooks so as to change the terms of office of the mayor and councilmen; to provide for the numbering of Posts on the council; to fix the date upon which the mayor and councilmen shall take office.

HB 1853. By Representative Tucker of the 73rd:
A bill to create a new Charter for the City of Locust Grove, Ga., in the county of Henry; to provide for the incorporation of said City; to pro vide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries.

HB 1854. By Representative Tucker of the 73rd:
A bill to amend an Act providing for a new Board of Commissioners of Henry County so as to provide for the recall of the members of said Board of Commissioners; to provide for recall elections and petitions; to provide for filling of vacancies created by recall.

HB 1855. By Representative Tucker of the 73rd:
A bill to amend an Act creating a new charter for the City of Hampton so as to provide for the specific repeal of the former charter of the City of Hampton.

HB 1856. By Representative Tucker of the 73rd:
A bill to amend an Act incorporating the City of McDonough so as to change the term of office for the mayor of said city.

HB 1857. By Representative Tucker of the 73rd:
A bill to create and establish a Small Claims Court in and for Henry County; to prescribe the jurisdiction of said court; to prescribe the plead ing and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.
HB 1858. By Representative Tucker of the 73rd:
A bill to amend an Act providing a new Board of Commissioners of Henry County so as to stagger the terms of office of the members of the board.
HB 1859. By Representative Tucker of the 73rd:
A bill to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for qualifications and terms of its members.

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JOURNAL OF THE SENATE,

HB 1478. By Representatives Lambert of the 112th, Carlisle of the 71st, Linder of the 44th and Marcus of the 26th:
A bill to regulate the practice of marriage and family counseling in the State of Georgia; to provide for a short title; to provide for declaration of purpose; to define certain terms; to provide for a Georgia Marriage and Family Counselor Licensing Board, the appointment of its members and its powers and duties.

HB 1566. By Representatives Hatcher of the 131st, Russell of the 53rd and Richardson of the 52nd:
A bill to amend an Act providing that the State of Georgia shall be a party to the "Interstate Compact on Juveniles" so as to provide that the Governor shall execute an amendment to said Compact providing for interstate rendition of juveniles alleged to have committed a criminal or delinquent act.

HB 1540. By Representatives Matthews of the 145th, Patten of the 146th, Culpepper of the 98th and others:
A bill to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets in this State so as to require that on or after Jan. 1, 1977 any person using the facilities or any market which charges a gate fee for the purpose of selling or offering for sale any item on the premises of such a market operated pursuant to this Act must be licensed by the Commissioner of Agriculture.

HB 1607. By Representatives Hill of the 127th, Glover of the 32nd and White of the 132nd:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia as amended, so as to provide that no increase in tuition or other fees fixed by the Board of Regents shall become effective until the expiration of a period of 60 days following the date on which the Board of Regents notifies the president of each unit of the University System of Georgia of the proposed increase in such tuition or fees.

HB 1692. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, relating to financial institutions and known as the Financial Institutions Code of Georgia so as to simplify procedures relating to receivership proceedings involving financial insti tutions with assets of not more than $150,000.00.

HB 1748. By Representative Battle of the 124th:
A bill to amend an Act known as the "Registration of Geologists Act of 1975" so as to change certain Section numbers; to change certain dates; to change the provisions relative to minimum qualifications for registered geologists.

THURSDAY, FEBRUARY 19, 1976

1165

HB 1848. By Representatives Clark, Mann and Milford of the 13th and others:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to provide that a wildlife ranger, after a minimum number of years of service, upon leaving the Department of Natural Resources under honor able conditions, may retain his weapon and badge under certain circum stances.

HB 798. By Representative Evans of the 99th:
A bill to amend an Act authorizing a stenographer to be present with the Grand Jury while witnesses are being examined by the Grand Jury in certain counties so as to change the counties to which said Act is appli cable; to change certain population and census requirements for ap plicability of said Act.

HB 1216. By Representatives Nix of the 20th, Harrison and Edwards of the 20th and others:
A bill to amend Code Section 68A-706, relative to overtaking and passing a school bus, so as to provide that after stopping to allow children to disembark from the bus, it shall be unlawful for the driver of the school bus to proceed until all children who need to cross the roadway have done so safely.

HB 1582. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965" so as to change the public meeting re quirements.

HB 1627. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-312, relating to the periods of suspen sion for drivers' licenses, so as to provide for periods for which a per son's driver's license shall be suspended upon conviction of certain crimes, accumulation of certain "points" or failure to submit to a chemical test.

SB 93. By Senators Coverdell of the 40th and Garrard of the 37th:
A bill providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act and the several Acts amendatory of said Act.

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the House:

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JOURNAL OF THE SENATE,

HR 464. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to ex-empt bingo from the lottery provisions of the Constitution.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Lane of the 40th, Beck of the 148th and Hawkins of the 50th.

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

HR 598. By Representative Harris of the 8th:
A resolution authorizing the conveyance of certain real property located in Bartow County, Ga.

HR 673. By Representatives Mullinax of the 69th and Ware of the 68th:
A resolution authorizing the conveyance of certain real property located in Troup County, Georgia, to the United States government.
HR 677. By Representatives Evans of the 84th and Owens of the 77th:
A resolution authorizing the conveyance of certain State-owned real property located within McDuffie County to the Wrightsboro Quaker Community Foundation, Inc.; authorizing the sale and transfer of certain State-owned surplus personal property to the Wrightsboro Quaker Com munity Foundation, Inc.
HR 717. By Representatives Burruss and Kreeger of the 21st and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by local act or acts for any mat ters relative to the disposition of the assets and obligations of any municipality lying wholly within Cobb County which is abolished by the repeal of the act providing a charter for such municipality.
HR 718. By Representative Tucker of the 73rd:
A resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employ ment, promote industry and commerce, provide incentives for the location of new manufacturing, processing, storage or transshipment facilities by authorizing the governing authority of Henry County to provide for the exemption from all ad valorem taxation.
HR 742. By Representative Twiggs of the 4th:
A resolution authorizing the conveyance of certain State-owned real property located within Towns County to Towns County; authorizing

THURSDAY, FEBRUARY 19, 1976

1167

the sale and transfer of certain State-owned surplus personal property to Towns County.

The House has adopted the following resolutions of the House and Senate:

HR 774. By Representatives Jones of the 126th, Triplett of the 128th, Johnson of the 72nd and Walker of the 115th:
A resolution commending and inviting the officials of the 31st State YMCA Youth Assembly.

SR 359. By Senator Hill of the 29th: A resolution commending Tom Mann.

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

HB 1265. By Representatives Richardson of the 52nd, King of the 96th, Felton of the 22nd and others:
A bill to amend Code Section 59-112 relating to persons exempt from jury duty, as amended, so as to delete the exemption for persons who are sixty-five (65) years of age or older.

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

HR 707. By Representatives Harden of the 154th and Leggettof the 153rd:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises during certain hours.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 661. By Senators Turner of the 8th and Reynolds of the 48th:
A bill to amend Code Section 95A-922, relating to application for permits for the control of outdoor advertising, as amended, so as to change the provisions relating to applications for permits; to provide an effective date. Referred to Committee on Transportation.
SB 662. By Senator Stephens of the 36th:
A bill relating to municipalities and their right to issue business licenses

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JOURNAL OF THE SENATE,

to persons or corporations who have not paid their ad valorem taxes to counties which have a population of over 500,000 persons.
Referred to Committee on County and Urban Affairs.

SB 663. By Senator Stephens of the 36th:
A bill to amend an Act providing for the regulation and numbering of water vessels; to provide for the application for such numbers; to pro vide for the submission of satisfactory evidence that ad valorem taxes have been paid when making application for numbers. Referred to Committee on Banking, Finance and Insurance.

SB 664. By Senator Stephens of the 36th:
A bill to amend Title 92 of the Code of Georgia by adding a new Chapter to be entitled Chapter 76A, pertaining to the advertisement and sale of executions, so as to provide in counties having a population of 600,000 or more, or to those municipalities lying wholly or partially within such a county, tax executions shall be advertised and sold.
Referred to Committee on County and Urban Affairs.

SB 665. By Senator McGill of the 24th:
A bill to amend an Act entitled "An Act to amend, consolidate, and supersede the several Acts incorporating the town of Camak, in the County of Warren, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same and for other purposes.", as amended, so as to change the terms of office of the mayor and councilmen.
Referred to Committee on County and Urban Affairs.

SB 666. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Municipal Home Rule Act of 1965", as amended, so as to provide that the charter of any city-county consolidated government which was in existence on a certain date may not be amended at the local level pursuant to said "Municipal Home Rule Act". Referred to Committee on County and Urban Affairs.

SR 363. By Senator Garrard of the 37th:
A resolution creating the Fulton-DeKalb Hospital Authority Study Com mittee. Referred to Committee on County and Urban Affairs.

SR 365. By Senator Tysinger of the 41st:
A resolution proposing an amendment to the Constitution, so as to pro vide that when a county exercises its power to create a county police department, the governing authority of such county shall be authorized

THURSDAY, FEBRUARY 19, 1976

1169

to apportion the duties of law enforcement between the county police department and the sheriff of such county.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1421. By Representatives Hamilton of the 31st, Daugherty of the 33rd, Greer and Horton of the 43rd and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County so as to change the composition of said Board; to provide for the election of members to the Board; to provide for commissioner districts; to provide for terms of office.
Referred to Committee on County and Urban Affairs.

HB 1505. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide deferred pension benefits to those persons leaving the employ ment of said Board of Education after completing ten years of active service and upon subsequently attaining the age of 65 years.
Referred to Committee on County and Urban Affairs.

HB 1506. By Representative Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", approved Feb. 2, 1945, as amended, so as to change the formula for computation of the amount of retirement benefits. Referred to Committee on County and Urban Affairs.
HB 1507. By Representatives Greer and Carnes of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide for an adjustment of retirement or pension benefits for certain teachers and employees and retired persons based upon changes in the cost of living. Referred to Committee on County and Urban Affairs.
HB 1573. By Representative Foster of the 152nd:
A bill to provide a new charter for the City of Hoboken, Ga., in the County of Brantley; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government. Referred to Committee on County and Urban Affairs.

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HB 1636. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved Aug. 19, 1912, so as to provide for a change in the method and manner of dismissing employees in the interest of economy in the City of East Point. Referred to Committee on County and Urban Affairs.

HB 1637. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912, so as to pro vide for a change in the functions and duties of the mayor and council of the City of East Point. Referred to Committee on County and Urban Affairs.

HB 1701. By Representative Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, Fulton County, Ga., approved Aug. 19, 1912, as amended, so as to provide an additional qualification for a councilman of the City of East Point, that such councilman be a resident within the ward to which such councilman was elected.
Referred to Committee on County and Urban Affairs.

HB 1754. By Representative Colwell of the 4th:
A bill to authorize the governing authority of any county of this State having a population of not less than 6,700 nor more than 6,825 according to the U. S. Decennial Census of 1970 or any future such census to ap point the treasurer of any such county to any other county office which such governing authority is authorized to fill by appointment.
Referred to Committee on County and Urban Affairs.

HB 1828. By Representative Stone of the 138th: A bill to amend an Act establishing a Small Claims Court in and for Appling County so as to change the civil jurisdiction of said court; to change the fees for filing claims in said court; to change the title of the bailiffs of said court to marshals of said court.
Referred to Committee on County and Urban Affairs.
HB 1829. By Representative Stone of the 138th: A bill to amend an Act providing a new charter for the City of Hazlehurst so as to change the date of city elections; to provide an effective date.
Referred to Committee on County and Urban Affairs.
HB 1832. By Representative Stone of the 138th:
A bill to amend an Act placing the sheriff of Telfair County on an annual

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salary in lieu of a fee system of compensation so as to change the salary of said sheriff.
Referred to Committee on County and Urban Affairs.

HB 1833. By Representative Stone of the 138th:
A bill to amend an Act creating the office of Tax Commissioner of Telfair County so as to change the salary of said tax commissioner; to provide for an effective date. Referred to Committee on County and Urban Affairs.

HB 1834. By Representative Stone of the 138th:
A bill to amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system, exclusively, so as to change the salary of said county officer. Referred to Committee on County and Urban Affairs.

HB 1835. By Representative Stone of the 138th:
A bill to amend an Act changing the method of compensating the judge of the probate court of Telfair County, Ga., from the fee system and salary system to the salary system exclusively so as to change the salary of the judge of the probate court. Referred to Committee on County and Urban Affairs.

HB 1836. By Representative Stone of the 138th:
A bill to amend an Act creating the office of commissioner of roads and revenues in and for the County of Telfair, Ga., so as to change the compensation of said commissioner; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1839. By Representatives Williamson of the 45th, Tolbert, Ployd and Davis of the 56th and others:
A bill to provide the circumstances in certain counties (population 400,000 - 500,000) under which receipts for certain tax payments need not be furnished the taxpayer. Referred to Committee on County and Urban Affairs.

HB 1840. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend Code Section 92-6201 relating to the time to make tax returns so as to change the time for making tax returns in certain counties. Referred to Committee on County and Urban Affairs.

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HB 1842. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A bill to amend an Act incorporating the Town of Watkinsville so as to authorize the mayor and council of the Town of Watkinsville to ap point a qualified person to preside over the mayor's court. Referred to Committee on County and Urban Affairs.

HB 1852. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act creating a new charter for the Town of Brooks so as to change the terms of office of the mayor and councilmen; to provide for the numbering of Posts on the council; to fix the date upon which the mayor and councilmen shall take office. Referred to Committee on County and Urban Affairs.

HB 1853. By Representative Tucker of the 73rd:
A bill to create a new Charter for the City of Locust Grove, Ga., in the county of Henry; to provide for the incorporation of said City; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries. Referred to Committee on County and Urban Affairs.

HB 1854. By Representative Tucker of the 73rd:
A bill to amend an Act providing for a new Board of Commissioners of Henry County so as to provide for the recall of the members of said Board of Commissioners; to provide for recall elections and petitions; to provide for filling of vacancies created by recall. Referred to Committee on County and Urban Affairs.

HB 1855. By Representative Tucker of the 73rd:
A bill to amend an Act creating a new charter for the City of Hampton so as to provide for the specific repeal of the former charter of the City of Hampton. Referred to Committee on County and Urban Affairs.

HB 1856. By Representative Tucker of the 73rd:
A bill to amend an Act incorporating the City of McDonough so as to change the term of office of the mayor of said city. Referred to Committee on County and Urban Affairs.

HB 1857. By Representative Tucker of the 73rd:
A bill to create and establish a Small Claims Court in and for Henry County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment,

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duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.
Referred to Committee on County and Urban Affairs.

HB 1858. By Representative Tucker of the 73rd:
A bill to amend an Act providing a new Board of Commissioners of Henry County so as to stagger the terms of office of the members of the board. Referred to Committee on County and Urban Affairs.
HB 1859. By Representative Tucker of the 73rd:
A bill to provide for a board of elections in certain counties (population 23,600 - 25,000) ; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for qualifications and terms of its members. Referred to Committee on County and Urban Affairs.
HB 798. By Representative Evans of the 99th:
A bill to amend an Act authorizing a stenographer to be present with the Grand Jury while witnesses are being examined by the Grand Jury in certain counties so as to change the counties to which said Act is applicable; to change certain population and census requirements for applicability of said Act. Referred to Committee on County and Urban Affairs.
HB 1216. By Representatives Nix, Harrison and Edwards of the 20th and others:
A bill to amend Code Section 68A-706, relative to overtaking and pass ing a school bus, so as to provide that after stopping to allow children to disembark from the bus, it shall be unlawful for the driver of the school bus to proceed until all children who need to cross the roadway have done so safely. Referred to Committee on Transportation.
HB 1478. By Representatives Lambert of the 112th, Carlisle of the 71st, Linder of the 44th and others:
A bill to regulate the practice of marriage and family counseling in the State of Georgia; to provide for a short title ("Marriage and Family Counselor Licensing Act") ; to provide for declaration of purpose; to define certain terms; to provide for a Georgia Marriage and Family Counselor Licensing Board, the appointment of its members and its powers and duties. Referred to Committee on Human Resources.
HB 1540. By Representatives Matthews of the 145th, Patten of the 146th, Culpepper of the 98th and others:
A bill to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets in this State so as to require that on or

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after Jan. 1, 1977 any person using the facilities of any market which charges a gate fee for the purpose of selling or offering for sale any item on the premises of such a market operated pursuant to this Act, must be licensed by the Commissioner of Agriculture.
Referred to Committee on Agriculture.

HB 1566. By Representatives Hatcher of the 131st, Russell of the 53rd and Richardson of the 52nd:
A bill to amend an Act providing that the State of Georgia shall be a party to the "Interstate Compact on Juveniles" so as to provide that the Governor shall execute an amendment to said Compact providing for interstate rendition of juveniles alleged to have committed a criminal or delinquent act.
Referred to Committee on Judiciary.

HB 1582. By Representatives Jordan of the 58th, Adams of the 36th, Russell of of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965" so as to change the public meeting requirements. Referred to Committee on Transportation.

HB 1607. By Representatives Hill of the 127th, Glover of the 32nd and White of the 132nd:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia, as amended, so as to provide that no increase in tuition or other fees fixed by the Board of Regents shall become effective until the expiration of a period of 60 days following the date on which the Board of Regents notifies the president of each unit of the University System of Georgia of the proposed increase in such tuition or fees. Referred to Committee on Higher Education.
HB 1627. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-312, relating to the periods of suspension for drivers' licenses, so as to provide for periods for which a person's driver's license shall be suspended upon conviction of certain crimes, accumulation of certain "points" or failure to submit to a chemical test. Referred to Committee on Transportation.
HB 1692. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, relating to financial institutions and known as the "Financial Institutions Code of Georgia" so as to simplify procedures relating to receivership proceedings involving financial in stitutions with assets of not more than $150,000.00. Referred to Committee on Banking, Finance and Insurance.

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HB 1748. By Representative Battle of the 124th:
A bill to amend an Act known as the "Registration of Geologists Act of 1975" so as to change certain Section numbers; to change certain dates; to change the provisions relative to minimum qualifications for registered geologists. Referred to Committee on Natural Resources and Environmental Quality.

HB 1848. By Representatives Clark, Mann and Milford of the 13th and others:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, so as to provide that a wildlife ranger, after a minimum number of years of service, upon leaving the Dept. of Natural Resources under honorable conditions, may retain his weapon and badge under certain circumstances.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1265. By Representatives Richardson of the 52nd, King of the 96th, Felton of the 22nd and others:
A bill to amend Code Section 59-112 relating to persons exempt from jury duty, so as to delete the exemption for persons who are sixty-five years of age. Referred to Committee on Judiciary.

HR 598. By Representative Harris of the 8th:
A resolution authorizing the conveyance of certain real property located in Bartow County, Georgia. Referred to Committee on Public Utilities.

HR 673. By Representatives Mullinax of the 69th and Ware of the 68th:
A resolution authorizing the conveyance of certain real property located in Troup County, Georgia, to the United States government. Referred to Committee on Public Utilities.

HR 677. By Representatives Evans of the 84th and Owens of the 77th:
A resolution authorizing the conveyance of certain State-owned real property located within McDuffie County to the Wrightsboro Quaker Community Foundation, Inc.; authorizing the sale and transfer of cer tain State-owned surplus personal property to the Wrightsboro Quaker Community Foundation, Inc.
Referred to Committee on Public Utilities.

HR 717. By Representatives Burruss and Kreeger of the 21st, Cooper, Howard and Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to

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authorize the General Assembly to provide by local act or acts for any matters relative to the disposition of the assets and obligations of any municipality lying wholly within Cobb County which is abolished by the repeal of the act providing a charter for such municipality.
Referred to Committee on County and Urban Affairs.

HR 718. By Representative Tucker of the 73rd:
A resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employ ment, promote industry and commerce, provide incentives for the loca tion of new manufacturing, processing, storage or transshipment facili ties by authorizing the governing authority of Henry County to provide for the exemption from all ad valorem taxation.
Referred to Committee on County and Urban Affairs.

HR 742. By Representative Twiggs of the 4th:
A resolution authorizing the conveyance of certain State-owned real property located within Towns County to Towns County; authorizing the sale and transfer of certain State-owned surplus personal property to Towns County. Referred to Committee on Public Utilities.

HR 707. By Representatives Harden of the 154th and Leggett of the 153rd:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises during certain hours. Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:
Senator McGill of the 24th District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 738. Do pass. HB 1329. Do pass. HB 1330. Do pass. HB 1422. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman

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Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:

Mr. President:

Your Committee on Banking, Finance & Insurance has had under considera tion the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1301. Do pass.
HB 1337. Do pass.
HB 1376. Do pass.
HB 1377. Do pass.
HB 1656. Do pass.
Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 347. Do not pass. SB 593. Do pass. SB 604. Do pass by substitute. SB 608. Do pass. HB 1310. Do pass by substitute. HB 1336. Do pass.
Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education has had under consideration the following bill and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 348. Do pass.

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SB 350. Do pass. HB 1270. Do pass.

Respectfully submitted, Senator Carter of the 14th District, Chairman

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 607. Do pass. Respectfully submitted, Senator Ballard of the 45th District, Chairman

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 488. Do pass as amended. HB 1367. Do pass by substitute.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 643. Do pass. HB 593. Do pass. HB 1148. Do pass. HB 1326. Do pass. HB 1433. Do pass.

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HB 1486. HB 1727. HR 462.

Do pass as amended. Do pass. Do pass as amended.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Gillis of the 20th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources and Environmental Quality has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 325. Do pass. HB 1491. Do pass. HB 1536. Do pass. HB 1651. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Senator Kennedy of the 4th District, Chairman of the Committee on Offender Rehabilitation, submitted the following report:
Mr. President:
Your Committee on Offender Rehabilitation has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 632. Do pass. HB 1250. Do pass.
Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 179. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

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Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. President:

Your Committee on Transportation has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1493. Do pass.
HE 1622. Do pass by substitute.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 612. By Senator Traylor of the 3rd: A bill to amend an Act placing the Sheriff, Deputy Sheriff and Clerk of the Superior Court of Bryan County upon an annual salary, as amended, so as to change the provisions relative to the employment of deputies.
SB 613. By Senator Traylor of the 3rd: A bill to amend an Act creating a Board of Commissioners for Effingharn County to be elected by the qualified voters thereof, as amended, so as to change the terms of office of members of the board.
SB 617. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appointment and terms of office of certain city officials.
SB 618. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the term of office of the mayor; to change the date on which the mayor, aldermen and other elected officials take office.
SB 619. By Senator Kidd of the 25th: A bill to amend an Act creating a new charter for the City of Milledge ville, as amended, so as to authorize and direct the election superinten dent of the City of Milledgeville to conduct an election on certain questions.

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SB 620. By Senator McGill of the 24th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to abolish the mayor's court; to create a recorder's court; to provide the jurisdiction, power and authority of said court.

SB 625. By Senator Kidd of the 25th:
A bill to provide for fees and cost in proceedings in small claims courts in counties having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970 or any such future census; to provide for practices and procedures.

SB 630. By Senator Traylor of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill in the County of Bryan and granting a new charter to said city, as amended, so as to change the corporate limits of said city; to provide an effective date; to provide for a referendum.

SB 631. By Senator Traylor of the 3rd:
A bill to amend an Act placing the Sheriff of Effingham County on an annual salary in lieu of the fee system of compensation, as amended, so as to authorize the sheriff to hire seven full-time deputies; to pro vide for their compensation.
HB 1574. By Representative Foster of the 152nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Camden County into the office of Tax Commissioner of Camden County approved Mar. 21, 1970 (Ga. Laws 1970, p. 3278), as amended, so as to change the compensation of the tax commissioner.
HB 1586. By Representative Foster of the 152nd:
A bill to amend an Act incorporating the City of Kingsland so as to provide for the numbering of positions of membership on the council; to stagger the terms of office of the councilmen; to provide for annual elections.
HB 1594. By Representative Hanner of the 130th:
A bill to amend an Act creating a new charter for the City of Dawson so as to reduce the maximum millage rate which may be levied annually for general purposes.
HB 1644. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act consolidating the offices and duties of the Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County so as to change the compensation of the Tax Commissioner of Heard County.

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HB 1645. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff.

HB 1646. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Judge of the Probate Court of Heard County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the compensation of the Judge of the Probate Court of Heard County.

HB 1647. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Clerk of Superior Court of Heard County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the Clerk of Superior Court.

HB 1665. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia so as to repeal the provisions relating to primary elections.

HB 1666. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia so as to remove certain restrictions placed on the mayor and council relative to the granting of franchises, permits, easements and rights-ofway.

HB 1689. By Representative Keyton of the 143rd:
A bill to provide a new charter for the City of Coolidge, Ga., in the County of Thomas; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government.

HB 1690. By Representative Smith of the 78th:
A bill to amend an Act entitled "An Act to provide for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900; to provide for deputy sheriffs and their compensation".

HB 1700. By Representatives Chance of the 129th, Taggart of the 125th, Triplett of the 128th and others:
A bill to create a new Charter for the Town of Pooler; to provide for

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the government of said Town and its corporate powers; to provide for the governing authority of said Town and for the election, terms of office and powers and duties of the members thereof; to provide for all matters relative to the foregoing.

HB 1711. By Representatives Childs of the 51st, Jordan of the 58th, Davis, Tolbert and Floyd of the 56th and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County so as to change the provisions relative to court costs.

HB 1735. By Representatives Taggart of the 125th, Hill of the 127th, Blackshear of the 123rd and others:
A bill to amend an Act creating the State Court of Chatham County so as to change the provisions relating to the salary of the judge of said court; to change the provisions relating to the salary of the clerk of said court.

HB 1736. By Representatives Taggart of the 125th, Triplett of the 128th, Hill of the 127th and others:
A bill to amend an Act creating the State Court of Chatham County so as to provide for an additional judge of the State Court of Chatham County; to provide for the powers, duties, jurisdiction, privileges, im munities and compensation of said additional judge.

HB 1737. By Representatives Cole and Foster of the 6th:
A bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved Feb. 24, 1874, as amended, so as to change the compensation of the recorder of said city; to provide an effective date.

HB 1738. By Representatives Cole and Foster of the 6th:
A bill to amend an Act amending the charter of the City of Dalton approved Jan. 30, 1946, establishing the corporate limits of the City of Dalton and Acts amendatory of said charter by incorporating in said city, parts of land lots in the 12th District and 3rd Section of Whitfield County, Georgia.

HB 1742. By Representative Adams of the 79th:
A bill to amend Code Section 24-1801, relating to clerks of the judges of the probate courts, as amended, so as to authorize the judge of the probate court in all counties whose population is not less than 23,450 nor more than 23,550, to appoint a clerk whose salary shall be paid from county funds, which salary shall not exceed the sum approved, by the board of commissioners of any such county.

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HB 1699. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act establishing a Small Claims Court for Spalding County, Georgia, so as to change the jurisdiction of said court; to change the provisions relative to cost in certain actions.

HB 1743. By Representative Adams of the 79th:
A bill to amend an Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation so as to strike therefrom the word "ordinary" in every instance in which it appears and to insert in lieu thereof the phrase "judge of the probate court".

SR 342. By Senator Shapard of the 28th:
A resolution proposing an amendment to the Constitution, so as to authorize and empower the Board of Commissioners of Spalding County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County and to other wise regulate and exercise police powers over businesses, operated within the unincorporated areas of said County.

HR 596. By Representatives Carlisle and Mostiler of the 71st, and Johnson, Lee, West and Bailey of the 72nd:
A resolution proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Fayette County, Ga., to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Fayette County and to other wise regulate and exercise police powers over businesses operated within the unincorporated areas of said County.
HR 615. By Representatives Beck of the 148th and Patten of the 149th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a public authority and vest in such authority the power to operate a system of telephonic com munications in the City of Hahira and those areas now served by the Hahira exchange.
HR 616. By Representatives Adams of the 14th, Childers of the 15th and Toles of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Floyd County to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50 c/c thereof, is paid from the funds of Floyd County.
HR 620. By Representatives Foster and Wheeler of the 152nd and Harris and Stone of the 138th:
A resolution proposing an amendment to the Constitution so as to in-

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crease the dollar amount of civil cases over which the Justices of the Peace of Pierce County shall have jurisdiction; to provide for costs in certain cases; to provide for the submission of this amendment for ratification or rejection.

HR 625. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to autho rize the Board of Education of the City of Thomaston and the Board of Education of Upson County to contract with each other to create a joint secondary board of education to jointly and equally educate high school students of the City of Thomaston and Upson County.

SB 635. By Senator Traylor of the 3rd:
A bill to amend an Act providing for the granting of funds to a county in which is located land belonging to the State consisting of at least twenty thousand (20,000) acres from which such county receives no taxes, so as to authorize the Department of Natural Resources to grant such funds.

SB 638. By Senator Lewis of the 21st:
A bill to amend Code Title 22, relating to corporations, as amended, so as to delete therefrom requirements that corporations mail certain docu ments to shareholders upon request; to provide for other matters relative to the foregoing; to provide an effective date.

HB 190. By Messrs. Buck of the 95th and Snow of the 1st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to include additional persons as members of the System.

HB 312. By Messrs. Adams of the 14th, Walker of the 115th, Shanahan of the 7th and others:
A bill to amend an Act establishing the Employees' Retirement System so as to provide that certain periods of service shall be deemed as fulltime State employment for certain members.

HB 797. By Representative Evans of the 99th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide for special purpose grand juries in certain additional counties.

HB 1138. By Representatives Dixon of the 151st and Thompson of the 93rd:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide the mini mum container size which a retailer may sell.

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HB 1394. By Representatives Dixon of the 151st and Miles of the 86th:
A bill to amend an Act relating to malt beverage taxes so as to provide for the authorization of distribution or sale of malt beverages in various container sizes by certain common carriers.

HB 1395. By Representatives Dixon of the 151st and Miles of the 86th:
A bill to amend an Act relating to the manufacture, sale and taxing of wine so as to provide for the authorization of distribution or sale of wine in various container sizes by certain common carriers.

HB 1399. By Representatives Sweat of the 150th and Dixon of the 151st:
A bill to amend an Act providing the procedure for the impaneling of alternate jurors in felony cases in the superior courts of this State so as to provide for the appointment of alternate jurors in certain cases.

HB 1405. By Representatives Hudson of the 137th, Murphy of the 18th, Carnes of the 43rd and Davis of the 56th:
A bill to amend an Act providing that every parent or other persons in loco parentis having in custody and control over a minor child or children under the age of seventeen shall be liable for the willful and wanton acts of said minor child or children resulting in injury or damage to the person or property, or both, so as to change the age provisions relative to minor children.

HB 1431. By Representative McDonald of the 12th:
A bill to amend an Act establishing the qualifications for agents of the Ga. Bureau of Investigation, so as to provide that special contract investigators retained by the Director of the Georgia Bureau of Investi gation shall be considered employees of the Ga. Bureau of Investigation and shall have all the rights and privileges of such employees with certain exceptions.

HB 1526. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the Georgia Peace Officer Standards and Training Act, as amended, so as to redefine terms; to expand the power of the Georgia Peace Officer Standards and Training Council to provide technical assistance to law enforcement units; to define the class of persons subject to the certification provisions of the Act; to provide an effective date.

HB 1657. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend Code Chapter 56-5, relating to rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, so as to provide that nothing contained within said Code Chapter shall

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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.

HB 1660. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
A bill to amend Code Chapter 56-8A, relating to agents and counselors of life, accident, and sickness insurance, as amended, so as to provide for Agents' Certificates of Authority; to require insurers to obtain certificates for each agent representing such insurers in certain matters; to provide for renewal of certificates.

HB 1662. By Representatives Castleberry of the lllth, Ware of the 68th, Wood of the 9th and others:
A bill to amend Code Chapter 56-14, relating to rehabilitation and liquidation of insurers so as to change the provisions relating to grounds of conservation, so as to provide grounds for conservation of domestic insurers.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Doss Eldridge Pincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Broun of 46th Dean of 6th Dean of 31st

Duncan Riley Robinson

Summers Timmons

Senator Eldridge of the 7th introduced the chaplain of the day, Mr. F. J. Beverly, Jr., of Waycross, Georgia, who offered prayer.

The following resolutions of the Senate were read and adopted:

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SR 366. By Senator McDuffie of the 19th:
A resolution commending the Dodge County High School Cumbancheros Band.

SR 367. By Senator Kennedy of the 4th:
A resolution welcoming the Sixth National Forum on Volunteers in Criminal Justice of the State of Georgia.

SR 368. By Senators Tate of the 38th, Bond of the 39th, Barker of the 18th and 53 other Senators:
A resolution expressing sympathy at the passing of Mrs. Ruth LeFlore Ward.

SR 364. By Senators Lester of the 23rd and Tate of the 38th: A resolution honoring Liz Carmichael Jones.

Senator Garrard of the 37th moved that the following bill of the House be withdrawn from the Committee on County and Urban Affairs and committed to the Committee on Economy, Reorganization and Efficiency in Government:

HB 1528. By Representatives Murphy of the 18th, Collins of the 144th, Shanahan of the 7th and others:
A bill to provide for the recall of elected officials of each county and municipality within this State; to provide for petitions; to provide for the conduct of such recall elections; to provide for practices, procedures and requirements in conection with such recall elections.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1528 was withdrawn from the Committee on County and Urban Affairs and committed to the Committee on Economy, Reorganization and Efficiency in Government.
The following resolution of the House was taken up for the purpose of con sidering House action thereto:

HR 464. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to exempt bingo from the lottery provisions of the Constitution.

Senator Kidd of the 25th moved that the Senate recede from its substitute to HR 464.

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

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1189

Those voting in the affirmative were Senators:

Banks Barnes Bond Brantley Dean of 6th Doss Hamilton of 26th

Hamilton of 34th Holley Hudgins Hudson Kidd Lester Lewis

McDowell Pearce Russell Stephens Stumbaugh Sutton

Those voting in the negative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Duncan Eldridge Foster Garrard

Gillis Hill Holloway Howard Kennedy Langford McDuffie McGill Overby Reynolds Robinson

Shapard Starr Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bell Fincher

Riley Summers

On the motion to recede from the Senate substitute, the yeas were 20, nays 32; the motion, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Kidd of the 25th moved that the Senate substitute to HR 464 be adhered to and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate substitute to HR 464 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Lewis of the 21st, Garrard of the 37th and Kidd of the 25th.

SENATE CALENDAR
Thursday, February 19, 1976
SB 495. Fraudulent Documents--sale, use (SUB) SB 569. Professional Standards Com. to Advise Board of Education--
create

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SB 571. Practitioners of Social Work--regulation (SUB) SB 603. Emergency Medical Technicians--definition, training, duties SB 611. Georgia Fire Academy--create (SUB) SB 615. Blue Ridge Jud. Cir. Sup. Ct. Judge--payment serv. cert,
counties SB 621. Eye Bank Technician--may extract eyes from donor's body SB 633. Telephone Answering Serv.--notification of suspension of
services SR 315. Troubled Children Study Committee--create SR 331. Public Assistance Laws--relative to changes SR 332. Elbert County--conveyance of certain State-owned property SR 339. Branigar Org. Inc.--State Properties Comm. grant easement to SR 343. State-Owned Property, Chattanooga, Tennessee--approve
purchase bid SR 346. Hum. Res. Dept--transfer real prop, to Cor./Offen. Rehab. Dept. SR 349. Health Laws Study Committee--create HB 588. Cases Where Death Penalty may be imposed--sentencing
Procedure HB 1249. Blood Donation or Purchase--label accordingly (SUB) HB 1281. Podiatry--examination and qualifications of applicants HB 1346. Dispensing Opticians--additional training HR 537. Personnel Bd. & Merit Sys.--implement Cert. Pub. Mgmt.
Program

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 495. By Senator McDowell of the 2nd:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that it shall be unlawful to publish, print, sell, transport, distribute, or possess certain printed material.

The Senate Committee on Consumer Affairs offered the following substitute to SB 495:
A BILL
To be entitled an Act to amend Code Chapter 26-17, relating to de ceptive practices, as amended, so as to provide that it shall be unlawful knowingly to publish, print, sell, transport, distribute, or possess certain printed material; to provide that it shall be unlawful to use any docu-

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1191

ment with the intent to deceive another as to any person's identity or any other fact which is material to any transaction, application, or the eligibility or qualifications of any person to receive any money, benefit, credit, goods, property or service; to provide for penalties; to provide for exceptions and construction; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 26-17, relating to deceptive practices, as amended, is hereby amended by adding at the end thereof a new Code Section 26-1710, to read as follows:

"26-1710. Fraudulent documents; sale; use.-- (a) It shall be unlawful for any person knowingly to publish, print, sell, transport, distribute, or possess any printed material describing, in detail, any method or procedure for obtaining fraudulent documents for the purpose of fraudulently obtaining any money, benefit, credit, goods, property or service from any person, partnership, company, corpo ration, entity or any governmental department, board or entity. Any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by a fine of $25,000 and by imprisonment for not less than 5 nor more than 10 years.
(b) It shall be unlawful for any person knowingly to use any fraudulent document with the intent to deceive another as to any person's identity or any other fact which is material to any trans action, application, or the eligibility or qualifications of any person to receive any money, benefit, credit, goods, property or service, when such person would otherwise be ineligible to receive any money, benefit, credit, goods, property or service, but for the de ceptive use of such document. Any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than 2 nor more than 5 years.

(c) The provisions of this Section shall not be construed as repealing, amending or otherwise modifying any other provision of law existing and in effect on July 1, 1976. The provisions of this Section shall not apply to any person who uses a document with the intent to deceive another only as to the user's age in any trans action for which the user pays such consideration as would normally be paid by the purchaser of goods, property or services in such a
transaction."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substi tute was adopted.

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The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators Bond and Tate.

Those not voting were Senators:

Bell Brown of 47th

Hill Holloway

Riley Summers

On the passage of the bill, the yeas were 48, nays 2.

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

SB 569. By Senators Starr of the 44th and Langford of the 51st:
A bill to provide for the creation of a Professional Standards Commis sion to advise the State Board of Education concerning the preparation, certification, and professional growth of those persons who teach or perform educational duties in the school systems or schools of this State; to provide an effective date.

Senator Warren of the 43rd offered the following amendment:
Amend SB 569 by striking on Page 4, lines 5 through 7 the language:
"Appointments shall be made by the Governor from panels of at least three nominees for each position submitted by statewide professional education organizations."

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1193

and inserting in lieu thereof:

"Appointments shall be made by the Governor. Panels of at least three nominees for each position may be submitted by statewide professional education organizations."

On the adoption of the amendment, the yeas were 9, nays 34, and the amend ment was lost.

Senator Starr of the 44th offered the following amendment:
Amend SB 569 by striking from line 18 on Page 6, the word, "ap point" and inserting in lieu thereof the word, "employ".
By striking from lines 20 through 22 on Page 6 the following sentence:
"A staff member of the Georgia Department of Education may bo designated or a qualified person may be employed to serve in such capacity.".
By adding at the end of Section 8, beginning in line 25 on Page 6, the following sentence:
"Personnel of the State Department of Education may be uti lized by the Commission subject to the approval of the State Super intendent of Schools."

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment was adopted.

Senator Holloway of the 12th offered the following amendment:
Amend SB 569 by adding at the end of Section 3-A a new sentence to read as follows:
"All members of the Commission are to be confirmed by the Senate."

On the adoption of the amendment, the yeas were 41, nays 0, and the amendement was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 24th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Not voting were Senators Hudgins and Summers.

On the passage of the bill, the yeas were 54, nays 0.

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

Senator Kidd of the 25th introduced the doctor of the day, Dr. James Baugh.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 571. By Senators Hudson of the 35th, Hamilton of the 34th, Doss of the 52nd and others:
A bill to provide for the regulation of practitioners of Social Work in the State of Georgia; to provide for a short title; to provide for declared purposes; to define certain terms.

The Senate Committee on Human Resources offered the following substitute to SB 571:

A BILL
To be entitled an Act to provide for the regulation of practitioners of Social Work in the State of Georgia; to provide for a short title; to provide for declared purposes; to define certain terms; to provide for establishment of the State Social Work Licensing Board of Georgia, the composition of its membership, the appointment of its members, their terms of office, the powers, duties and limitations of the Board;

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1195

to provide for application, licensing and classification of Social Workers; to provide for fees and authorize examinations for licensing; to provide for licensing by reciprocity; to provide for refusal, suspension or revocation and reinstatement of licenses or any combination thereof; to authorize and prohibit certain activities; to provide for enforcement; to authorize certain exemptions; to authorize certain communications to be privileged; to provide for administration by the Joint-Secretary, State Examining Boards; to provide for administrative procedures and for penalties; to provide for effective dates; to provide for severability; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title. This Act shall be known and may be cited as the "Social's Workers' Licensing Act".

Section 2. Declared Purpose. Practitioners of social work in the State of Georgia are hereby declared to affect the public health, public welfare and public interest, and to be subject to regulation and control in the public interest in order to protect the public interest by setting standards of qualifications, education, training and experience for those who seek to engage in the practice of social work and by promoting high standards of professional performance for those engaged in the practice of social work.

Section 3. Definition of Terms. As used in this Act, the following terms shall have the following meanings, unless their use in context clearly indicates otherwise:

(a) "Board" means the State Social Work Licensing Board of Georgia.

(b) "Social Worker" means a person who describes or offers to render or renders professional services for the application of principles, methods and procedures of the profession of social work within the State of Georgia.

(c) "Social Work" means the professional activity of helping indi viduals, groups or communities enhance or restore their capacity for social functioning and creating societal conditions favorable to this goal. Social Work practice consists of the disciplined and knowledgeable application of social work values, principles and techniques.
(d) "The Council on Social Work Education" is the national ac crediting agency for social work education as recognized by the U.S. Office of Education and National Commission on Accrediting.
(e) "Joint-Secretary" means the Joint-Secretary, State Examining Boards.
(f) "Person" means an individual, and the word shall have its nautral and usual signification as an individual person.

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Section 4. Certain Acts Prohibited, (a) On and after the effective date of this Act, except as otherwise provided by Section 5 of this Act, no person, except those persons who are licensed under this Act, shall engage in, perform or practice social work.

(b) On and after the effective date of this Act, except as otherwise provided in this subsection, no person, except those persons who are licensed under this Act, shall represent himself or herself to be a social worker or hold himself or herself out to the public by title or description as a social worker or as being engaged in the practice or performance of social work or incorporate the words "social worker" or "social work" in his or her title or description. The prohibitions of this subsection shall not apply to a person whose application for licensing under this Act is duly and properly pending before the Board until such time as the Board has acted upon such application.

Section 5. Certain Social Work Activities Excepted. (a) This Act shall not be construed to limit or prohibit the following persons, who shall not be required to be licensed under this Act, from engaging in the activities which are normally within the accepted standards and practices of their professions or within the normal scope of their em ployment :

(1) Licensed physicians, attorneys at law, psychiatrists, psycholo gists and nurses.

(2) Members of the clergy and marriage and family counselors.

(3) Students, interns or persons preparing for the practice of social work under qualified supervision or under a training program in an institution or facility recognized by the Board, provided that any such person is designated by such title as "social worker intern", or such other designation as clearly indicates such training status.

(b) This Act shall not be construed to limit or prohibit persons, without the necessity of licensing under this Act, from providing services or performing activities within the scope of their employment when such persons are employed by the following institutions, agencies or
entities:

(1) An accredited academic institution; a federal, state, county, municipal or local governmental institution or agency; or a research facility.

(2) An organization which is nonprofit and which is, in the opinion of the Board, a bona fide community agency, including but not limited to, community action programs.

Section 6. State Social Work Licensing Board of Georgia Created, (a) There is hereby created the State Social Work Licensing Board of Georgia which shall consist of nine members who are residents of the State of Georgia, seven of whom shall be practicing social workers.

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(b) Each of the seven members of the Board, who are practicing social workers, shall meet the educational and experience requirements for licensing under Section 10 of this Act. In addition thereto, the mem bership of the Board shall comply with the following requirements:

(1) Two members of the Board shall have rendered service as a Social Worker in a public or private agency for at least five years.

(2) One member of the Board shall have rendered service as a Graduate Social Worker in a public or private agency for at least five years.

(3) Two members of the Board shall have rendered service in social work education for at least five years.

(4) Two members of the Board shall be Graduate Social Workers who meet the requirements under the provisions of this Act to engage in the private practice of social work.

(5) Two members of the Board shall be residents of the State of Georgia and shall be appointed from the citizenry at large.

(c) After the establishment of the initial Board, all members of the Board, with the exception of the citizens at large, shall be licensed under the provisions of this Act.

Section 7. Board Members' Terms and Appointment, (a) The Board shall be appointed by the Governor of the State of Georgia in the manner hereinafter prescribed.
(b) For each position on the Board, any interested person or organization may submit to the Governor names of nominees who meet the eligibility requirements set forth in Section 6 of this Act. Within thirty days after the receipt of the names of said nominees, the Governor shall select and appoint from the names thus submitted, one person for each position on the initial Board. The initial appointees to the Board shall be subject to confirmation by the Senate. For the initial Board, the Governor shall make appointments for terms as follows: two appointments shall be for terms of one year; three appointments shall be for terms of two years; the remaining four appointments shall be for terms of three years. The terms of all such members shall begin from the date of their appointment and such members shall serve until their successors are appointed and qualified. Thereafter, successors shall be appointed for terms of three years and until their successors are ap pointed and qualified.
(b) For the purpose of appointment of successors to the initial Board and for future successors, the Board shall receive from any interested person or organization the names of proposed nominees for membership on the Board. At least sixty days prior to the expiration of the term of a member, or whenever any vacancy occurs on the Board for any reason, the Board shall submit to the Governor the names of three qualified persons as nominees for each position on the Board to be filled. Within thirty days after receipt of the names of said nominees,

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when the appointment is to fill a vacancy, or upon the expiration of the term when the appointee is the successor to a member whose term is expiring, the Governor shall select and appoint from the names thus submitted one person for each position to be filled on the Board. When any appointment is made to fill a vacancy, the appointment shall be for the unexpired term.

(c) No person shall be nominated or appointed to more than two complete consecutive terms on the Board. Any person having served two complete consecutive terms shall not be a member of the Board for a minimum of one year before such person shall become eligible for mem bership on the Board.

(d) The Governor, after notice and hearing, shall have power to remove from office any member of the Board for incompetence, neglect of duty, unprofessional conduct or conviction of a crime involving moral turpitude.

Section 8. Organization of Board; Oath of Members; Offices; Quorum and Compensation, (a) Each of the members of the Board shall take an oath of office before the Governor to faithfully perform the duties of office. The Joint-Secretary, State Examining Boards, shall be the Secretary of said Board and shall keep the minutes, books and other records and files of the Board.

(b) The Joint-Secretary shall issue a call for the initial meeting of the Board to be held within thirty days after its appointment. The Board shall elect from its members such officers as it may deem necessary for such terms as it may designate in its rules and regulations. The Board shall hold at least one regular annual meeting, but additional meetings may be held upon the call of the Chairman or at the written request of four members of the Board or upon the call of the JointSecretary. The presence of five members of the Board at a properly called meeting shall constitute a quorum and no action at any meeting shall be taken without at least a majority vote of those present voting in accord.
(c) The Board shall adopt and amend from time to time such rules and regulations as it may deem necessary to enable it to perform its duties and to carry into effect the provisions of this Act. The Board shall examine and pass upon the qualifications of all applicants for licensing or certification or for licensing and certification under this Act and shall issue a license or certificate or both to each qualified successful applicant therefor attesting to his or her professional quali fications to engage in the practice of Social Work. The Board shall see to the administration and enforcement of the provisions and pur poses of this Act and is vested with such authority as may be reasonably necessary to adopt and amend from time to time such rules and regula tions as it deems proper to attain the purposes and provisions of this Act, including but not limited to, an ethical code of practice for Social Workers licensed or certified or licensed and certified under this Act.
(d) Board members shall serve without compensation but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties as members of the Board.

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1199

(e) In accordance with the provisions of Section 16 of this Act, the Board shall, from time to time, set fees in such amounts as it may deem necessary to defer the expenses of the provisions of this Act.

Section 9. Applications. Each person desiring to obtain a license or a certificate or a license and a certificate as provided for under this Act shall make application to the Joint-Secretary upon such forms and in such manner as the Board shall prescribe and shall furnish evidence satisfactory to the Board that such person:

(a) Is of good moral character;

(b) Is not engaged in any practice or conduct which could be grounds for refusing to issue or renew, or for suspending or revoking a license or certificate issued pursuant to this Act; and

(c) Qualifies for licensing or certification or both, as the case may be, by examination of his or her credentials or for admission by having successfully passed such examination as the Board shall prescribe uniformly to all candidates.

Section 10. Licenses. The Board is hereby authorized and instructed to establish the following licenses and standards as minimal standards for issuance of said licenses and may from time to time as it deems necessary establish such other special licenses and standard and rules and regulations for licensure as it may deem necessary. The following licenses and qualifications therefor are prescribed only as minimal standards to wit:

(a) Social Worker. The Board shall issue a license as a Social Worker to any applicant who meets all other requirements of this Act and who qualifies under all other criteria as may from time to time be established and required by the Board and who:

(1) has a baccalaureate degree in a course of study in Social Work approved by the Board, and

(2) has passed an examination approved by the Board.

(b) Graduate Social Worker. The Board shall issue a license as a Graduate Social Worker to any applicant who meets all other require ments of this Act and who qualifies under all other criteria as may from time to time be established and required by the Board and who:

(1) has a Master's Degree from a School of Social Work accredited by the Council on Social Work Education, or

(2) has a Doctorate Degree in Social Work from an accredited college or university, and

(3) has passed an examination approved by the Board.

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Section 11. Certification for Private Practice, (a) The Board shall issue a certificate of permit to engage in Private Practice--Clinical Social Work to any applicant who meets all other requirements of this Act and who qualifies under all other criteria as may from time to time be established and required by the Board and who:

(1) is licensed as a Graduate Social Worker, and

(2) has a minimum of four years' full-time work experience, under good and appropriate supervision, acceptable to the Board in the uses of methods and measures to be employed in private practice--clinical social work or an equivalency of a combination of full-time and parttime post-master's experience approved by the Board, and

(3) has passed an examination approved and established by the Board for this purpose.

(b) A licensed Graduate Social Worker training for the certificate of Private Practice--Clinical Social Work or any other specialty certificate established by the Board may engage in private practice only under the supervision of a duly qualified person, as may be de termined by the Board, and only for such period of time as is pre scribed for qualification to take the examination for such area of practice and not thereafter, except upon successful completion of the examination and proper certification thereunder.

(c) No person shall engage as a social worker in private practice in any specialty established by the Board without first obtaining a certificate of permit as established by the Board or otherwise authorized by this Act.

Section 12. Temporary Exemption from Examination. For six months following the effective date of this Act all examinations for licensure or certification or licensure and certification shall be waived.

Section 13. Temporary Waiver Educational Requirements. For a period of six months following the effective date of this Act the Board shall:

(a) Issue a Social Worker license to any applicant who meets the qualifications of subsections (a) and (b) of Section 9 of this Act and who:

(1) has obtained a baccalaureate degree from an accredited college or university, and

(2) has been employed in the delivery of social services by a recog nized social agency for a period of four years, and

(3) has been certified by his or her supervisor to be competent in providing social work services as defined in this Act.

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(b) Issue a Graduate Social Worker license to any applicant who meets the qualifications of subsections (a) and (b) of Section 9 of this Act and who is a member of the Academy of Certified Social Workers.

Section 14. Reciprocity. The Board may grant such licenses or certification permits or licenses and certification permits without ex amination to any person who, at the time of application, is licensed in a state which, in the determination of the Board, has equivalent standards to those established by this Act or by the Board pursuant to this Act.

Section 15. Examinations. The Board shall conduct standardized examinations with written, oral or practical components, which are free of cultural bias, for licensure or certification or licensure and certifica tion under this Act at times and places to be designated by the Board.

Section 16. Pees. The Board is empowered to establish and charge reasonable fees for the administration of applications, examinations, issuance of licenses and certificates, and renewals of licenses and certifi cates. These fees shall be not less than five dollars nor more than fifty dollars. Such fees shall be commensurate with the cost of carrying out the provisions of this Act.

Section 17. Renewals of License and Certificate. The Board shall establish such qualifications and requirements for continuing education as it may deem necessary and appropriate for continuation and renewal of a license or a certificate or a license and a certificate. Every qualified holder of a license or a certificate or both, at a time prescribed by the Joint-Secretary, shall apply to the Joint-Secretary for renewal of his or her license or certificate or both and pay a renewal fee to be ascertained by the Board. The Joint-Secretary shall determine the expiration, renewal and penalty dates with respect to licensing and cer tification. The Board shall provide for penalty fees and extend a lapsed license or certificate or both upon the payment of all past unpaid renewal fees and penalties.

Section 18. Privileged Communications. No communications with a person or persons licensed under this Act may be disclosed when such communications were acquired by the licensed person under this Act in his or her professional capacity and when such communications were necessary for such social worker to enable him or her to render services in his or her professional capacity to those persons, except:

(a) With written consent of the communicant, or in the case of his or her death or disability, by a person duly authorized or by his or her personal representative;

(b) A communication that reveals the commission or contempla tion of a crime or other dangerous or harmful act;

(c) When the communicant waives the privilege by bringing charges against a person licensed under this Act;
(d) When the license holder is the defendant in a civil, criminal or disciplinary action;

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(e) When a person is a minor under the laws of this State, and the information acquired by the license holder indicates that the minor was the victim or subject of a crime, the license holder may be required to testify fully in an examination, trial, or other proceeding which the commission of such crime is the subject of inquiry.

Section 19. Reprimands, Suspensions and Revocations, (a) After a proper determination of same, the Board may reprimand, suspend, revoke or refuse to renew the license or certificate or license and cer tificate of any applicant, license holder, certificate holder or license and certificate holder found to be under the following disabilities or to have committed any of the following prohibited acts:

(1) Been adjudged by any court to be mentally incompetent or have had a guardian appointed.

(2) Been convicted of a felony or any other crime involving moral turpitude.

(3) Sworn falsely under oath or affirmation.

(4) Obtained a license or certificate or both by fraud, deceit or other misrepresentation.

(5) Engaged in conduct of social work in a grossly negligent or incompetent manner.

(6) Intentionally violated any provision of this Act.

(7) Violated any rules or regulations of the Board prescribing standards of conduct or ethics.

(8) Aided or assisted another in falsely obtaining a license or certificate of permit or both under this Act.

(b) No license, certificate of permit granted under this Act may be suspended or revoked, or the issuance or renewal thereof denied, or other action of reprimand taken against a license holder under this Act, without notice of such proposed action and an opportunity for a hearing thereon unless otherwise waived by such licensee or certificate holder, or licensee and certificate holder, or applicant for issuance or renewal. Any such action taken hereunder by the Board shall be subject to the pro visions of the Act known as the "Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended.

(c) The Board may reissue any license, certificate of permit or both to any qualified person at any time it deems appropriate. Replace ment licenses, certificates of permits or both may be issued by the Board subject to its adoption of rules and fees pertaining thereto.

Section 20. Penalties. Any person violating any provision of this

THURSDAY, FEBRUARY 19, 1976

1203

Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

Section 21. Monies Paid to Joint-Secretary. All fees, fines, penalties or other monies derived from the operation of this Act shall be paid to the Joint-Secretary and remitted to the State Treasury.

Section 22. Administrative Procedures. This Act shall be adminis tered in accordance with the Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), and as now or hereafter amended.

Section 23. Effective Dates. For the purposes of the appointment of the initial Board under this Act and for the purposes of administra tively preparing for the implementation of this Act, this Act shall be come effective on July 1, 1976. For all other purposes this Act shall become effective on January 1, 1977.

Section 24. Severability. In the event any section, subsection, sen tence, 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, sen tence, clause or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereof. The General Assembly hereby 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 25. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Garrard of the 37th offered the following amendment:

Amend the substitute offered by the Senate Committee on Human Resources to SB 571 by striking on Page 3, line 32 Section 5 the words "recognized by the Board," and adding, "approved by the University";
and
by striking the words, "in the opinion of the Board," from line 16, Page 4.

Senator Tysinger of the 41st offered the following amendment:

Amend the substitute offered by the Senate Committee on Human Resources to SB 571 by adding a new sentence in line 18, Page 6 after the word "Board", "The appointments shall be subject to confirmation by the Senate."

Senator McDuffie of the 19th moved that SB 571 be committed to the Com mittee on Human Resources.

Senator Hudson of the 35th moved the previous question on SB 571.

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JOURNAL OF THE SENATE,

Senator McDuffie of the 19th moved that SB 571 be tabled.

The President ruled that the motion to table takes precedence over the other two stated motions.

On the motion to table, the yeas were 25, nays 20; the motion prevailed, and SB 571 was tabled.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 547. By Senators Hudgins of the 15th, McDuffie of the 19th and Langford of the 51st:
A bill to amend an Act known as the "Georgia Industrial Loan Act" so as to require the Insurance Commissioner to review credit insurance rates to determine if such rates meet certain minimum standards; to repeal conflicting laws.

The President announced that the Senate would stand in recess from 12:10 o'clock P. M. until 1:45 o'clock P. M. today.

The President called the Senate to order at 1:45 o'clock P. M.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 621. By Senators Gillis of the 20th, Starr of the 44th and Doss of the 52nd:
A bill to amend Code Section 88-2005, relating to persons authorized to extract eyes from a deceased donor's body, as amended, so as to authorize such extraction by any technician trained by and in the employ of the eye bank.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks

Ba,rnes Bell

Bond Brantley

THURSDAY, FEBRUARY 19, 1976

1205

Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Garrard Gillis Hamilton of 34th Holley Holloway

Howard Hudgins Kennedy Langford Lester Lewis McDowell McGill Overby Pearce Riley Robinson

Shapard Starr Stumbaugh Button Tate Thompson Turner Tysinger Warren Young

Those not voting were Senators:

Barker Broun of 46th Dean of 6th Fincher Foster Hamilton of 26th

Hill Hudson Kidd McDuffie Reynolds Russell

Stephens Summers Timmons Traylor

On the passage of the bill, the yeas were 40, nays 0.

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

SB 633. By Senators Brantley of the 56th, Barnes of the 33rd, Thompson of the 32nd and others:
A bill to require every telephone answering service in this State to notify each of its customers who are licensed to practice dentistry and medicine whenever the telephone answering service is to be suspended or termi nated for any reason; to provide the procedure connected therewith.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 31st Doss

Duncan Eldridge Fincher Garrard Gillis Hamilton of 34th Holley Holloway Howard Hudgins

Kennedy Langford Lester Lewis McDowell McGill Overby Pearce Reynolds Riley

1206

JOURNAL OF THE SENATE,

Robinson Shapard Starr Stumbaugh

Summers Sutton Tate Turner

Tysinger Warren Young

Those not voting were Senators:

Barker Bond Broun of 46th Dean of 6th Foster

Hamilton of 26th Hill Hudson Kidd McDuffie

Russell Stephens Thompson Timmons Traylor

On the passage of the bill, the yeas were 41, nays 0.

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

SR 331. By Senators Shapard of the 28th, Fincher of the 54th, Hudson of the 35th and others:
A resolution relative to changes in the Public Assistance Laws.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Langford Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Barker Bond Broun of 46th Dean of 6th

Hamilton of 26th Hill Kidd Lester

Russell Starr Stephens Traylor

THURSDAY, FEBRUARY 19, 1976

1207

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 332. By Senator Brown of the 47th:
A resolution authorizing the conveyance of certain State-owned real property located within Elbert County to Elbert County; authorizing the sale and transfer of certain State-owned surplus personal property to Elbert County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Barker Brantley Dean of 6th Hamilton of 26th

Hill Hudson Kidd Russell

Pearce Reynolds Riley Robinson Starr Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Warren Young
Shapard Stephens Thompson Traylor

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

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JOURNAL OP THE SENATE,

SR 339. By Senator Riley of the 1st:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to The Branigar Organization, Inc., an Illinois corporation authorized to do business in Georgia, an easement for the construction, operation and maintenance of a community marina.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators :

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 34th Hill Holley Howard Hudgins Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Brantley Dean of 6th Duncan Hamilton of 26th

Holloway (presiding) Hudson Kidd Robinson

Pearce Reynolds Riley Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young
Russell Stephens Traylor

On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 343. By Senator Brown of the 47th:
A resolution approving the Purchase Bid (and the bidder) of Crittenden, Reingold and Green, a Georgia General Partnership, composed of Ed ward E. Crittenden, A General Partner, Arvin H. Reingold, a General Partner, and Thomas M. Green, Jr., a General Partner, hereinafter throughout this entire Resolution for convenience referred to as "Pur chaser".

THURSDAY, FEBRUARY 19, 1976

1209

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster

Gillis Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds

Those voting in the negative were Senators:

Bell

Doss

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Warren Young
Tysinger

Those not voting were Senators:

Broun of 46th Garrard Hamilton of 26th

Hill Holloway (presiding) Kidd

McDowell Riley Traylor

On the adoption of the resolution, the yeas were 44, nays 3.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1346. By Representative Greer of the 43rd:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act creating the State Board of Dispensing Opticians and providing for the licensing of dispensing opticians so as to provide for additional training of dispensing opticians; to provide the proced ures connected therewith.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1210

JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Fincher

Foster Gillis Hamilton of 26th Hamilton of 34th Hill Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce

Those voting in the negative were Senators:

Dean of 6th Eldridge

Hudgins Robinson

Those not voting were Senators:

Garrard Holley Holloway (presiding)

Hudson McGill Riley

Reynolds Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren
Young
Traylor

On the passage of the bill, the yeas were 44, nays 5.

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

HR 537. By Representatives Lambert of the 112th, Carlisle of the 71st, Carr of the 105th and others:
Senate Sponsor: Senator Starr of the 44th.
A resolution authorizing and directing the State Personnel Board and the State Merit System of Personnel Administration to implement a Certified Public Management Program in the State Government 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, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 19, 1976

1211

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Holloway (presiding)

Riley Traylor

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 603. By Senator Garrard of the 37th:
A bill to amend Code Chapter 88-31, relating to ambulance services, so as to provide for the definition, training and duties of emergency medical technicians, advanced emergency medical technicians and cardiac tech nicians.

Senator Barnes of the 33rd offered the following amendment:
Amend SB 603 by striking Section 10 on Page 6, lines 24-32 and Page 7 lines 1-5 in their entirety.

On the adoption of the amendment, the yeas were 40, nays 1 and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger
Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Bond Holloway (presiding)

Stephens Traylor

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 611. By Senator Barnes of the 33rd:
A bill to create the Georgia Fire Academy; to provide for the purposes of the Academy; to create the Georgia Fire Academy Board; to provide that the Academy shall be attached to the Department of Public Safety for administrative purposes only; to amend the Georgia Firefighter Standards and Training Act, to replace the Georgia Fire Institute with the Georgia Fire Academy.

The Senate Committee on Economy, Reorganization and Efficiency in Govern ment offered the following substitute to SB 611:
A BILL
To be entitled an Act to create the Georgia Fire Academy; to pro vide for a short title; to provide for the purposes of the Academy; to create the Georgia Fire Academy Board; to provide that the Board shall establish general policy to be followed by the Academy; to provide for an advisory council; to provide that the Board shall select the Superinten dent of the Academy and establish the compensation for the Superinten-

THURSDAY, FEBRUARY 19, 1976

1213

dent; to provide that the Superintendent shall be responsible for the selection of the staff and shall administer the policies and programs of the Board; to provide for the administration and funds; to provide that the Academy shall be attached to the Department of Public Safety for administrative purposes, only; to amend the Georgia Firefighter Stan dards and Training Act, approved April 10, 1971 (Ga. Laws 1971, p. 693), to replace the Georgia Fire Institute with the Georgia Fire Academy; to provide that any other reference in Georgia Laws to the Georgia Fire Institute shall mean the Georgia Fire Academy; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short Title. This Act shall be known as and may be cited as the "Georgia Fire Academy Act".
Section 2. There is hereby created the Georgia Fire Academy, the purposes of which shall be, through training and research:
(a) to reduce the costs in suffering and property loss resulting from fire;
(b) to provide paid, volunteer, and other publicly or privately em ployed firemen professional training at a minimum cost to them and their employers;
(c) to assist the State, its county, municipal and other political subdivisions and officers thereof in the investigation and determination of the causes of fires;
(d) to develop new methods of fire prevention and fire fighting;

(e) to provide facilities for testing fire fighting and prevention equipment.

(f) to assist the State, its counties, municipalities and other political subdivisions in the training and operations of the fire department related EMS and rescue services.

Section 3. Georgia Fire Academy Board, (a) There is hereby created the "Georgia Fire Academy Board" to be composed of six (6) members, as follows:

(1) the Chairman of the Training Committee of the Georgia State Firemen's Association;

(2) a fire chief appointed by the Executive Board of the Georgia Association of Fire Chiefs;

(3) a member of the Georgia State Firemen's Association ap-

1214

JOURNAL OP THE SENATE,

pointed by the Executive Board of the Georgia State Firemen's Associa tion;

(4) a member appointed by the Georgia Safety Fire Commissioner;

(5) a member appointed by the Governor from the Industrial Fire Service;

(6) a member at large appointed by the Governor.

(b) The ex-officio member shall serve on the Board while holding office. The remaining five (5) members shall serve initial terms, as follows: The members appointed in subsections (2) and (3) shall serve for four (4) years; the member appointed in subsection (4) shall serve for three (3) years; the member appointed in subsection (5) shall serve for two (2) years; and the member appointed in subsection (6) shall serve for one (1) year. Thereafter, all appointments shall be for four (4) years. In the event a vacancy occurs on the Board, a new member shall be appointed by the appointing authority for that position to fill the unexpired term. Members shall be eligible to succeed themselves.

(c) The members of the Board shall elect a Chairman, a ViceChairman and such other officers as deemed advisable by the Board. The Board shall provide for a quorum and shall provide for meetings. The Board shall adopt such procedures as it deems necessary and ad visable for its operation. The members of the Board shall receive no compensation or per diem for their services, but shall be reimbursed for the expenses incurred in the performance of their duties.

Section 4. Duties, Power and Authority of the Board, (a) The Board is hereby authorized and empowered to establish, operate and maintain the Georgia Fire Academy for the purposes enumerated in Section 2 of this Act. The Board is hereby authorized and empowered to do all things and take whatever action necessary to accomplish these purposes, including, but not limited to, the establishment and conduct of training programs, and the promulgation of rules and regulations relative thereto. The Board shall select the Superintendent of the Academy and establish the compensation for the Superintendent.

(b) The Board is hereby authorized and directed to create an ad visory council to advise and assist it in carrying out its duties and re sponsibilities under this Act. The membership of said advisory council shall be as the Board shall determine except that such membership shall include at least one representative from each of the following organiza tions: Association County Commissioners of Georgia, the Georgia Munic ipal Association, and the Insurance Services Office. The Director of the Georgia Firefighter Training and Standards Council shall also be a member of such advisory council. The members of the advisory council shall serve without compensation but they may be reimbursed for travel and other expenses actually incurred by them in carrying out their duties as members of the council in the same manner as State officials and employees.
Section 5. Superintendent. The Superintendent shall be responsible

THURSDAY, FEBRUARY 19, 1976

1215

for the selection of a staff and shall be responsible for the execution of all policies, programs, directives and decisions promulgated by the Board, and for the direction of the staff and the daily operation of the Georgia Fire Academy.

Section 6. Administration and Funds, (a) The Georgia Fire Academy is assigned to the Department of Public Safety for adminis trative purposes, only, as described in Section 3 of the Executive Re organization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015).

(b) The Board is hereby authorized to accept gifts, grants and donations for the purposes of carrying out the provisions of this Act. The Board is also authorized to accept property, both real and personal, and services, for the purposes of carrying out the provisions of this Act.

Section 7. Training Program. Subject to the rules and regulations prescribed by the Board, the training program of the Academy shall be made available to all firefighters and may also be made available to other persons who evidence interest in entering the fire fighting profes sion. The Board is hereby authorized to prescribe fees to cover all or a part of the cost furnishing such training under such rules and regula tions as the Board shall prescribe. The State, municipalities, and counties are hereby authorized to expend funds for the purpose of paying the above fees. The Board is hereby given full authority to decide who shall be allowed to enroll in the training program of the Academy.

Section 8. Act Permissive. It is not the intention of this Act that it be mandatory that any firefighter be required to attend the Academy. The training program established at the Academy shall not supersede any training program for firefighters now in existence or hereafter established, but shall be separate and apart from any other training programs for firefighters.

Section 9. Georgia Firefighter Standards and Training Act Amend ed. An Act known as the Georgia Firefighter Standards and Training Act, approved April 10, 1971 (Ga. Laws 1971, p. 693), is hereby amend ed by striking from subsection (b) of Section 3 and subsection (b) of Section 4, the words "Georgia Fire Institute" wherever they appear, and substituting in lieu thereof the words "Georgia Fire Academy". Any other reference in Georgia Laws to the Georgia Fire Institute means the Georgia Fire Academy.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

1216

JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Turner Tysinger Warren Young

Voting in the negative was Senator Hill.

Those not voting were Senators:

Holloway (presiding) Stumbaugh

Timmons Traylor

On the passage of the bill, the ayes were 51, nays 1.

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

The President resumed the Chair.

SB 615. By Senator Langford of the 51st:
A bill to provide a method of payment to superior court judges emeritus who are requested to serve in certain counties; to provide the method of making such payments by the governing authorities of such counties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes

Bell Bond Brantley

Broun of 46th Brown of 47th Carter

THURSDAY, FEBRUARY 19, 1976

1217

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway

Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Stephens Summers Tate Thompson Turner Tysinger Warren Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Ballard Hill

Starr Stumbaugh

Timmons Traylor

On the passage of the bill, the yeas were 49, nays 1.

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

SR 315. By Senator Broun of the 46th: A resolution creating the Troubled Children 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Gillis Hill Holley Holloway Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

1218

JOURNAL OF THE SENATE,

Robinson Russell Shapard Stephens

Summers Tate Thompson Timmons

Turner Warren Young

Those not voting were Senators:

Ballard Brantley Hamilton of 26th

Hamilton of 34th Starr Stumbaugh

Sutton Traylor Tysinger

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 346. By Senator Kidd of the 25th:
A resolution authorizing the transfer of certain real property from the Department of Human Resources to the Department of Corrections/ Offender Rehabilitation.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond
Broun of 46th Brown of 47th Carter
Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher
Garrard

Gillis Hill Holley Holloway Howard
Hudgins Hudson Kennedy
Kidd Langford Lester Lewis McDowell McDuffie McGill
Overby

Pearce Reynolds Riley Robinson Russell
Shapard Stephens Summers
Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Brantley Foster

Hamilton of 26th Hamilton of 34th Starr

Stumbaugh Sutton Traylor

THURSDAY, FEBRUARY 19, 1976

1219

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

SR 349. By Senator Garrard of tha 37th: A resolution creating the Health Laws 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Pincher Garrard

Gillis Hamilton of 26th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Those not voting were Senators:

Ballard Bond Duncan Foster

Hamilton of 34th Holloway (presiding) Starr Stumbaugh

Overby Pearce Reynolds Riley Robinson Russell Shapard Stephens Summers Sutton Tate Thompson Turner Warren Young
Timmons Traylor Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

1220

JOURNAL OF THE SENATE,

HB 588. By Representatives Hatcher of the 131st, Walker of the 115th, Evans of the 84th and others:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend Code Section 27-2503, relating to presentence hearings for the determination of punishment to be imposed in felony cases, so as to provide for sentencing procedure in all cases in which the death penalty may be imposed and which are tried by a jury.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Ballard Broun of 46th Duncan

Hamilton of 34th Holloway (presiding) Starr

Pearce Reynolds Riley Robinson Russell Shapard Stephens Summers Sutton Tate Thompson Timmons Turner Warren Young
Stumbaugh Traylor Tysinger

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1249. By Representative Wall of the 61st:
Senate Sponsor: Senator Kidd of the 25th.
A bill to provide that every person who withdraws blood from an in dividual or separates blood into components by physical processes shall affix to each container of such blood or components a label indicating whether the blood was obtained by purchase or donation.

THURSDAY, FEBRUARY 19, 1976

1221

The Senate Committee on Human Resources offered the following substitute to HB 1249:

A BILL

To be entitled an act to provide that every person who withdraws blood from an individual or separates blood into components by physical processes shall affix to each container of such blood or components a label indicating whether the blood was obtained by purchase or donation; to provide a short title; to define certain terms; to provide for the with drawal of blood only from qualified donors; to provide for the labeling of blood received from blood banks in other states; to require certain in formation concerning blood transfusions in medical records; to provide for the transfer of blood and blood components for industrial use; to provide for administration; to provide a penalty; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short Title. This Act shall be known and may be cited as "The Blood Labeling Act".

Section 2. Definitions. For the purposes of this Act:

(a) "Person" means any individual, blood bank, clinical laboratory, hospital, firm, corporation or any other entity.

(b) "Blood" means whole human blood, packed red blood cells, blood platelets, concentrated leukocytes, and blood plasma. It does not include blood derivatives manufactured or processed for industrial use.

(c) "Donation" means any transaction involving the person from whom blood is withdrawn, whether he presents himself for the with drawal of blood on his own initiative or on the initiative of another per son, in which he receives no consideration other than credit through blood assurance programs or other intangible benefits.

(d) "Purchase" means any transaction involving the person from whom blood is withdrawn, whether he presents himself for the with drawal of blood on his own initiative or on the initiative of another per son, in which he receives a monetary consideration in any form. Time off from work granted by an employer for the purpose of giving blood shall not be considered a direct monetary consideration.

(e) "Industrial use" means a use of blood in which the blood is modified by physical or chemical means to produce derivatives for therapeutic or pharmaceutic biologicals and laboratory reagents or con
trols.

(f) "Transfusion" means a use of blood in which the blood is ad ministered to a human being for treatment of sickness or injury.

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JOURNAL OF THE SENATE,

Section 3. Withdrawal of Blood from Qualified Donors Only. No blood may be withdrawn from any individual in this State for transfusion or industrial uses unless he qualifies to be a blood donor under the laws of this State.

Section 4. Containers of Blood to be Labeled, (a) Every person who withdraws blood from an individual or separates blood into com ponents by physical processes shall affix to each container of such blood or components a label in a form specified by the Department of Human Resources which shall include an indication of whether the blood was obtained by purchase or donation.

(b) The director of any blood bank who obtains blood in this State from a federally licensed blood bank in another state may label such blood as donated blood if he can legally certify to that fact. If he cannot make such certification, he shall label the blood as blood acquired by purchase.

Section 5. Unlabeled Blood; Medical Record; Removal of Label, (a) No person may administer blood by transfusion in this State or transfer or offer to transfer blood for transfusion purposes by any type of transaction unless the container of such blood is labeled as required by Section 4.

1 (b) When blood is administered by transfusion in this State, the identification number of the unit of blood shall be recorded in the pa tient's medical record, and the label on the container of such blood may not be removed before or during the administration of that blood by transfusion.

Section 6. Transfer of Blood and Blood Components for Industrial Use. Blood and blood components, including salvage plasma, may be used and transferred for industrial uses without regard to whether its original acquisition was by purchase or donation.

Section 7. Administration of Act. The Department of Human Re sources shall administer this Act as a part of, and using the procedures of, the Clinical Laboratories Licensure Act.

Section 8. Penalty. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

Section 9. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

THURSDAY, FEBRUARY 19, 1976

1223

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Pincher Garrard

Gillis Hamilton of 34th Hill Holley Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Ballard Barker Bond Duncan Foster

Hamilton of 26th Holloway (presiding) Howard Hudgins Hudson

Reynolds Riley Russell Shapard Starr Summers Sutton Tate Thompson Timmons Turner Warren Young
Robinson Stephens Stumbaugh Traylor Tysinger

On the passage of the bill, the yeas were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1281. By Representative Greer of the 43rd:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend Code Chapter 84-6, relative to the practice of podiatry, as amended, so as to change the provisions relative to the examination and qualifications of applicants; to change the provisions relative to the refusal or revocation of licenses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Carter

Coverdell Dean of 31st
Doss Eldridge

1224

JOURNAL OF THE SENATE,

Fincher Foster Garrard Gillis Hamilton of 34th Hill Holley Howard Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Russell Shapard

Starr Stephens Summers Button Tate Timmons Turner Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Ballard Barker Duncan Hamilton of 26th

Holloway (presiding) Hud gins Hudson Robinson

Stumbaugh Thompson Traylor Tysinger

On the passage of the bill, the yeas were 43, nays 1.

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

Senator Young of the 13th, Chairman of the Enrolling and Journals Sub committee, submitted the following report:
Mr. President:
Your Subcommittee on Enrolling and Journals has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 206. Respectfully submitted, Senator Young of the 13th District, Chairman

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:10 o'clock P.M., the President Pro Tempore, Senator Holloway of the 12th, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 20, 1976

1225

Senate Chamber, Atlanta, Georgia

Friday, February 20, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1508. By Representatives Greer and Carnes of. the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide that teachers and employees with 30 years of service may retire upon attaining 55 years of age.

HB 1615. By Representative Carnes of the 43rd:
A bill to provide certain counties with authority to adopt procedures for disposal of abandoned automobiles; to define terms; to provide for an effective date.

HB 1718. By Representatives Parkman and Glanton of the 66th:
A bill to amend an Act placing the Coroner of Carroll County on an annual salary in lieu of fees so as to change the compensation of the Coroner; to provide a mileage allowance for the Coroner.

HB 1719. By Representatives Glanton and Parkman of the 66th:
A bill to amend an Act creating the Office of Tax Commissioner of Carroll County so as to change the compensation of the Tax Commis sioner; to change the mileage allowance of the Tax Commissioner.

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JOURNAL OF THE SENATE,

HB 1810. By Representatives Triplett of the 128th, Chance of the 129th, Taggart of the 125th and others:
A bill to amend an Act incorporating the City of Port Wentworth, approved Feb. 6, 1957, so as to change the corporate limits of said city.

HB 1860. By Representative Hudson of the 137th:
A bill to amend an Act creating the Board of Commissioners for Irwin County and prescribing and defining their powers, duties and compen sation so as to change the compensation of the chairman of the board of commissioners.

HB 1862. By Representative Collins of the 144th:
A bill to amend an Act creating the City Court of Camilla so as to change the salary to be paid to the Judge and Solicitor of said Court.

HB 1863. By Representatives Logan of the 62nd, Russell of the 64th and Mat thews of the 63rd:
A bill to amend an Act creating a new Board of Commissioners of Clarke County so as to change the provisions relating to the purchase of supplies, equipment, services and other materials; to provide an effective date.

HB 1864. By Representatives Harden of the 154th and Leggett of the 153rd:
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 Feb. 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned", so as to create education districts from which members of the Board of Education of Glynn County shall be elected.

HB 1865. By Representative Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary so as to change the compensation of the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County; to provide an effective date.

HB 1866. By Representative Collins of the 144th:
A bill to amend an Act entitled "An Act to incorporate the City of Sale City in the County of Mitchell, State of Georgia, and for other pur poses" so as to provide for the collection and disposition of garbage, rubbish, refuse; to provide for charges or fees to cover the cost of such services.

HB 1869. By Representative Fraser of the 139th: A bill to provide for a board of elections in each county in this State

FRIDAY, FEBRUARY 20, 1976

1227

having a population of not less than 7,330 nor more than 7,550 according to the U. S. Decennial Census of 1970- or any future such census; to define its powers and duties concerning primaries and elections.

HB 1870. By Representative Carr of the 105th:
A bill to amend an Act creating a Small Claims Court in Washington County so as to change the civil jurisdiction of said court; to change the term of office of the judge of said court; to change the fee for filing claims in said court.

HB 1872. By Representative Karrh of the 106th:
A bill to amend an Act establishing a Board of Commissioners for Jenkins County so as to change the provisions relative to the election of the chairman of said board.

HB 1873. By Representative Karrh of the 106th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county.

HB 1874. By Representative Karrh of the 106th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county.

HB 1875. By Representative Karrh of the 106th:
A bill to amend an Act creating the office of Tax Commissioner of Jenkins County, Ga., so as to change the compensation of the Tax Commissioner of Jenkins County.

HB 1876. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to provide a new Charter for the Town of Euharlee, Ga., in the county of Bartow.

HB 1878. By Representatives Russell of the 53rd, Noble of the 48th, Richardson of the 52nd and others:
A bill to amend an Act fixing, prescribing and establishing compensa tion of the elective county officials of DeKalb County so as to change the provisions relating to the compensation of the Judge of the Probate Court of DeKalb County.

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JOURNAL OP THE SENATE,

HB 1273. By Representatives Mullinax of the 69th, Adams of the 14th, Ware of the 68th and others:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974, as amended, so as to change the date on which the provisions of said Act become effective.

HB 1548. By Representatives Smith of the 78th and Jessup of the 117th:
A bill to repeal an Act relating to the sale of used motor vehicles by nonresidents; to provide an effective date.

HB 1572. By Representatives Shanahan of the 7th and Pinkston of the 100th:
A bill to amend an Act entitled "An Act to Classify Property for Taxation", approved Dec. 27, 1937, as amended, so as to provide for the taxation of franchises and all shares of certain financial institutions and moneyed capital in the hands of individual citizens.

HB 1783. By Representatives Pinkston of the 100th and Logan of the 62nd:
A bill to amend an Act establishing the Georgia Higher Education Assistance Corporation so as to change the amount of premium that may be charged for insurance on loans guaranteed.

HB 1791. By Representatives Glanton of the 66th, Horton of the 43rd, McDonald of the 12th and others:
A bill to create the Economic Development Council; to provide for the membership, appointment, terms, powers, duties, authority and re sponsibilities of the Council; to provide for other matters relative to the foregoing.

HB 1795. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend Code Section 26-3001, relating to unlawful eavesdropping and surveillance so as to provide that certain activities shall not be unlawful; to authorize the use of surveillance cameras and equipment in prisons, penitentiaries, jails, correctional institutions and certain other facilities.

HB 1822. By Representatives Howell of the 140th and Hawkins of the 50th:
A bill to amend Code Section 34-1107, relating to the number of ballots to be printed, so as to provide that the superintendent shall provide for the number of ballots equal to the number of registered electors in each election district; to provide an effective date.
HB 1258. By Representatives Russell of the 53rd, Bray of the 70th, Karrh of the 106th and Evans of the 84th:
A bill to amend Code Chapter 26-18, relating to theft, as amended, so as to- prohibit the use, with intent to defraud, of proceeds of any pay-

FRIDAY, FEBRUARY 20, 1976

1229

ment made on account of improvement of real property for any other purpose than payment for labor or services performed or material furnished.

HB 1366. By Representatives White of the 132nd, Phillips of the 120th, Adams of the 14th and others:
A bill to amend an Act.authorizing and empowering the State Board of Education on behalf of the State of Georgia to set up, locate, maintain and operate area trade, vocational and industrial schools, so as to provide for sick leave for teachers, supervisors, directors and other employees of area trade schools.

HB 1446. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act comprehensively and exhaustively revising, superceding and modernizing pretrial, trial and certain post trial pro cedures in civil cases, known as the "Georgia Civil Practice Act"; to provide for an effective date.

HB 1464. By Representative Adams of the 36th:
A bill to amend an Act known as the Urban Redevelopment Law, so as to empower municipalities and counties to make loans and grants from funds received from the federal government, as well as from funds received from the repayment of such loans and interest thereon, to owners of private housing for the purpose of financing the rehabilitation of such housing.

HB 1465. By Representative Adams of the 36th:
A bill to amend an Act creating the State Planning Programming Bureau so as to delete authority for planning activities of local govern ments.

HB 1467. By Representative Adams of the 36th:
A bill to create within the Bureau of Community Affairs a State Office of Housing Section; to provide for the appointment of the Director of said Section; to provide for the duties and functions of said Section.

HB 1480. By Representatives Lambert of the 112th, Carlisle of the 71st, Bolster of the 30th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consum ers' Sales and Use Tax Act", so as to exempt from the tax imposed by said Act the sale or use of machines and equipment which are to be used directly in the conversion of solar energy for certain purposes and are to be attached to certain types of property; to repeal con flicting laws.

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JOURNAL OF THE SENATE,

HB 1490. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish, as amended, so as to provide that as of a certain date rules and regulations issued by the State Board of Natural Resources relating to game and fish laws shall be adopted and promul gated in accordance with the provisions of the Act known as the "Ga. Administrative Procedure Act".

HB 1515. By Representatives Elliott of the 49th, Childs of the 51st and Jordan of the 58th:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for the creation and revision of jury lists in counties utilizing mechanical or electronic means for the selection of jurors; to provide in such counties for permanent jury boxes and their replacement if lost or damaged.

HB 1661. By Representatives Ware of the 68th, Leonard of the 3rd, Parrish of the 97th and others:
A bill to amend an Act known as the "Ga. Motor Vehicle Accident Reparations Act", so as to provide that certain insurers which issue policies or contracts providing motor vehicle liability insurance coverage, or any other similar coverage, shall include in such policies or contracts of insurance at least certain minimum coverage.

HB 1750. By Representatives Buck of the 95th and Ware of the 68th:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide a new Chapter relating to comprehensive health care plans; to adopt a Health Care Plan Act; to provide for a short title and the scope of the Act; to define certain terms; to provide for the organization of health care corporations.

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

HR 81. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term "homestead" as that term is used for purposes of determining certain exemptions from taxation in Pulton County.

HR 302. By Representative Brown of the 34th:
A resolution proposing an amendment to the Constitution of the State of Georgia to authorize the City of Atlanta under certain circumstances to guarantee to levy an ad valorem tax for paying the principal of and interest on certain future revenue obligations.

FRIDAY, FEBRUARY 20, 1976

1231

HR 721. By Representative Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to estab lish the Downtown Camilla Development Authority and to provide for the powers, duties, and responsibilities of said authority; to provide for the submission of this amendment for ratification or rejection.

HR 733. By Representatives Cooper, Wilson and Howard of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from the city ad valorem taxation to resident homeowners in the City of Powder Springs who are under the age of 65 in an amount of two thousand dollars.

HR 751. By Representative Jones of the 126th:
A resolution authorizing the Governor for and on behalf of the State of Georgia to convey to Union Camp Corp., a Virginia corporation, domesticated in Georgia, its successors and assigns, easements for the construction, in, on, over, across or under certain State-owned or claimed property situate in the Savannah River, Chatham County.

HR 672. By Representative McDonald of the 12th:
A resolution authorizing the conveyance of certain State-owned real property located within Jackson County to the City of Jefferson; au thorizing the sale and transfer of certain State-owned surplus personal property to the City of Jefferson.

HR 710. By Representatives Battle of the 124th, Triplett of the 128th, Hill of the 127th and others:
A resolution creating a joint legislative committee to study HB 1555 and other matters related thereto.

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

HB 1443. By Representatives Burton of the 47th, Richardson of the 52nd, Davis of the 56th and others:
A bill to establish the Developmental Disabilities Planning and Co ordinating Council of DeKalb County; to provide for the appointment of members of the Council and their duties, powers and authority; to provide for definitions; to provide for the receipt and expenditures of moneys.
The House has agreed to the Senate substitute to the following bill of the House:

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JOURNAL OF THE SENATE,

HB 1585. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965" so as to change the membership of the Board of Directors of the Authority.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 667. By Senator Pearce of the 16th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", as amended, so as to provide for the mailing or delivery of certifi cates of title to the commissioner for cancellation on all vehicles which were manufactured less than five years prior to the then current model year. Referred to Committee on Transportation.
SB 668. By Senator Kidd of the 25th:
A bill to provide that State standards of care for certain persons in skilled and intermediate care nursing facilities shall not exceed certain minimum federal standards. Referred to Committee on Human Resources.
SB 669. By Senator Reynolds of the 48th:
A bill to add one additional judge of the superior courts of the Gwinnett Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of suc cessors to the judge initially appointed. Referred to Committee on Judiciary.
SB 670. By Senator Pearce of the 16th:
A bill to provide that all door-to-door sales in Georgia shall be made in compliance with Federal Trade Commission trade regulations; to provide for a definition of "door-to-door sales"; to provide for penalties. Referred to Committee on Consumer Affairs.

SB 671. By Senator Pearce of the 16th:
A bill to amend Code Chapter 88-17, relative to vital records, as amended, so as to provide for birth certificates for adopted persons born outside of the United States; to provide for procedures and re quirements relative thereto; to provide an effective date. Referred to Committee on Judiciary.

SB 672. By Senator Foster of the 50th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, Georgia, as amended, so as to provide that the governing au-

FRIDAY, FEBRUARY 20, 1976

1233

thority of Rabun County may in its discretion become a self-insurer as to all insurance and surety bonds acquired by said county.
Referred to Committee on County and Urban Affairs.

SB 673. By Senators Bell of the 5th, Stumbaugh of the 55th, Holloway of the 12th and others:
A bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to change the provisions relating to carrying a concealed weapon; to change the provisions relating to penalties; to provide for exceptions.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 370. By Senators Tate of the 38th, Bond of the 39th, Hudgins of the 15th and others:
A resolution directing the State Board of Education to reinstate the sixth-year certificate program. Referred to Committee on Education.

The following bills and resolutions of the House were read the first time and referred to the committees:

HB 1508. By Representatives Greer and Carnes of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes", so as to provide that teachers and employees with 30 years of service may retire upon attaining 55 years of age.
Referred to Committee on County and Urban Affairs.

HB 1615. By Representative Carnes of the 43rd:
A bill to provide certain counties with authority to adopt procedures for disposal of abandoned automobiles; to define terms; to provide for an effective date. Referred to Committee on County and Urban Affairs.

HB 1718. By Representatives Parkman and Glanton of the 66th:
A bill to amend an Act placing the Coroner of Carroll County on an annual salary in lieu of fees so as to change the compensation of the Coroner; to provide a mileage allowance for the Coroner. Referred to Committee on County and Urban Affairs.

HB 1719. By Representatives Glanton and Parkman of the 66th: A bill to amend an Act creating the Office of Tax Commissioner of

1234

JOURNAL OF THE SENATE,

Carroll County so as to change the compensation of the Tax Commis sioner; to change the mileage allowance of the Tax Commissioner.
Referred to Committee on County and Urban Affairs.

HB 1810. By Representatives Triplett of the 128th, Chance of the 129th, Taggart of the 125th and others:
A bill to amend an Act incorporating the City of Port Wentworth, ap proved Feb. 6, 1957, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 1860. By Representative Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners for Irwin County and prescribing and defining their powers, duties and compensa tion so as to change the compensation of the chairman of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 1862. By Representative Collins of the 144th:
A bill to amend an Act creating the City Court of Camilla (subsequently renamed the State Court of Mitchell County) so as to change the salary to be paid to the Judge and Solicitor of said Court. Referred to Committee on County and Urban Affairs.

HB 1863. By Representatives Logan of the 62nd, Russell of the 64th and Mat thews of the 63rd:
A bill to amend an Act creating a new Board of Commissioners of Clarke County so as to change the provisions relating to the purchase of sup plies, equipment, services and other materials; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1864. By Representatives Harden of the 154th and Leggett of the 153rd:
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 Feb. 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned", so as to create education districts from which members of the Board of Education of Glynn County shall be elected. Referred to Committee on County and Urban Affairs.

HB 1865. By Representative Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary so as to change the compensation of the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County; to provide an effective date. Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 20, 1976

1235

HB 1866. By Representative Collins of the 144th:
A bill to amend an Act entitled "An Act to incorporate the City of Sale City in the County of Mitchell, State of Georgia, and for other purposes" so as to provide for the collection and disposition of garbage, rubbish, refuge; to provide for charges or fees to cover the cost of such services. Referred to Committee on County and Urban Affairs.

HB 1869. By Representative Fraser of the 139th:
A bill to provide for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550 according to the U. S. Decennial Census of 1970 or any future such census; to define its powers and duties concerning primaries and elections. Referred to Committee on County and Urban Affairs.

HB 1870. By Representative Carr of the 105th:
A bill to amend an Act creating a Small Claims Court in Washington County so as to change the civil jurisdiction of said court; to change the term of office of the judge of said court; to change the fee for filing claims in said court. Referred to Committee on County and Urban Affairs.

HB 1872. By Representative Karrh of the 106th:
A bill to amend an Act establishing a Board of Commissioners for Jenkins County so as to change the provisions relative to the election of the chairman of said board. Referred to Committee on County and Urban Affairs.

HB 1873. By Representative Karrh of the 106th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county. Referred to Committee on County and Urban Affairs.

HB 1874. By Representative Karrh of the 106th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county. Referred to Committee on County and Urban Affairs.

HB 1875. By Representative Karrh of the 106th: A bill to amend an Act creating the office of Tax Commissioner of

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JOURNAL OP THE SENATE,

Jenkins County, Ga., so as to change the compensation of the Tax Commissioner of Jenkins County.
Referred to Committee on County and Urban Affairs.

HB 1876. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to provide a new Charter for the Town of Euharlee, Ga., in the county of Bartow. Referred to Committee on County and Urban Affairs.

HB 1878. By Representatives Russell of the 53rd, Noble of the 48th, Richardson of the 52nd and others:
A bill to amend an Act fixing, prescribing and establishing compen sation of the elective county officials of DeKalb County so as to change the provisions relating to the compensation of the Judge of the Probate Court of DeKalb County.
Referred to Committee on County and Urban Affairs.

HB 1258. By Representatives Russell of the 53rd, Bray of the 70th, Karrh of the 106th and Evans of the 84th:
A bill to amend Code Chapter 26-18, relating to theft, as amended, so as to prohibit the use, with intent to defraud, of proceeds of any payment made on account of improvement of real property for any other purpose than payment for labor or services performed or material furnished.
Referred to Committee on Judiciary.

HB 1273. By Representatives Mullinax of the 69th, Adams of the 14th, Ware of the 68th and others:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. Laws 1974, p. 200) as amended, so as to change the date on which the provisions of said Act become effective.
Referred to Committee on Human Resources.

HB 1366. By Representatives White of the 132nd, Phillips of the 120th, Adams of the 14th and others:
A bill to amend an Act authorizing and empowering the State Board of Education on behalf of the State of Georgia to set up, locate, maintain and operate area trade, vocational and industrial schools, so as to pro vide for sick leave for teachers, supervisors, directors and other em ployees of area trade schools.
Referred to Committee on Education.

HB 1446. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act comprehensively and exhaustively revising, superceding and modernizing pretrial, trial and certain post trial procedures

FRIDAY, FEBRUARY 20, 1976

1237

in civil cases, known as the "Georgia Civil Practice Act"; to provide for an effective date.
Referred to Committee on Human Resources.

HB 1464. By Representative Adams of the 36th:
A bill to amend an Act known as the Urban Redevelopment Law, so as to empower municipalities and counties to make loans and grants from funds received from the federal government, as well as from funds received from the repayment of such loans and interest thereon, to owners of private housing for the purpose of financing the rehabilitation of such housing.
Referred to Committee on County and Urban Affairs.

HB 1465. By Representative Adams of the 36th:
A bill to amend an Act creating the State Planning Programming Bureau so as to delete authority for planning activities of local governments. Referred to Committee on County and Urban Affairs.
HB 1467. By Representative Adams of the 36th:
A bill to create within the Bureau of Community Affairs a State Office of Housing Section; to provide for the appointment of the Director of said Section; to provide for the duties and functions of said Section. Referred to Committee on County and Urban Affairs.
HB 1480. By Representatives Lambert of the 112th, Carlisle of the 71st, Bolster of the 30th and others :
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt from the tax imposed by said Act the sale or use of machines and equipment which are to be used directly in the conversion of solar energy for certain purposes and are to be attached to certain types of property. Referred to Committee on Banking, Finance and Insurance.
HB 1490. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish, as amended, so as to provide that as of a certain date rules and regulations issued by the State Board of Natural Resources relating to game and fish laws shall be adopted and promul gated in accordance with the provisions of the Act known as the "Ga. Administrative Procedure Act". Referred to Committee on Natural Resources and Environmental Quality.
HB 1515. By Representatives Elliott of the 49th, Childs of the 51st and Jordan of the 58th:
A bill to amend Code Title 59, relating to juries, as amended, so as to

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JOURNAL OP THE SENATE,

provide for the creation and revision of jury lists in counties utilizing mechanical or electronic means for the selection of jurors; to provide in such counties for permanent jury boxes and their replacement if lost or damaged.
Referred to Committee on Judiciary.

HB 1548. By Representatives Smith of the 78th and Jessup of the 117th:
A bill to repeal an Act relating to the sale of used motor vehicles by nonresidents; to provide an effective date. Referred to Committee on Transportation.

HB 1572. By Representatives Shanahan of the 7th and Pinkston of the 100th:
A bill to amend an Act entitled "An Act to Classify Property for Taxa tion", approved Dec. 27, 1937, as amended, so as to provide for the taxa tion of franchises and all shares of certain financial institutions and moneyed capital in the hands of individual citizens. Referred to Committee on Banking, Finance and Insurance.

HB 1661. By Representatives Ware of the 68th, Leonard of the 3rd, Parrish of the 97th and others:
A bill to amend an Act known as the "Ga. Motor Vehicle Accident Reparations Act", so as to provide that certain insurers which issue policies or contracts providing motor vehicle liability insurance coverage, or any other similar coverage, shall include in such policies or contracts of insurance at least certain minimum coverage.
Referred to Committee on Banking, Finance and Insurance.

HB 1750. By Representatives Buck of the 95th and Ware of the 68th:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide a new Chapter relating to comprehensive health care plans; to adopt a Health Care Plan Act; to provide for a short title ("Health Care Plan") and the scope of the Act; to define certain terms; to pro vide for the organization of health care corporations.
Referred to Committee on Banking, Finance and Insurance.

HB 1783. By Representatives Pinkston of the 100th and Logan of the 62nd:
A bill to amend an Act establishing the Georgia Higher Education Assistance Corporation so as to change the amount of premium that may be charged for insurance on loans guaranteed. Referred to Committee on Banking, Finance and Insurance.

HB 1791. By Representatives Glanton of the 66th, Horton of the 43rd, McDonald of the 12th and others:
A bill to create the Economic Development Council; to provide for the membership, appointment, terms, powers, duties, authority and respon-

FRIDAY, FEBRUARY 20, 1976

1239

sibilities of the Council; to provide for other matters relative to the foregoing.
Referred to Committee on Industry, Labor and Tourism.

HB 1795. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend Code Section 26-3001, relating to unlawful eavesdropping and surveillance, so as to provide that certain activities shall not be unlawful; to authorize the use of surveillance cameras and equipment in prisons, penitentiaries, jails, correctional institutions and certain other facilities.
Referred to Committee on Offender Rehabilitation.

HB 1822. By Representatives Howell of the 140th and Hawkins of the 50th:
A bill to amend Code Section 34-1107, relating to the number of ballots to be printed, so as to provide that the superintendent shall provide for the number of ballots equal to the number of registered electors in each election district; to provide an effective date. Referred to Committee on Economy, Reorganization and Efficiency in Government.
HR 81. By Representative Bolster of the 30th:
A resolution proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term "home stead" as that term is used for purposes of determining certain exemptions from taxation in Fulton County. Referred to Committee on County and Urban Affairs.
HR 302. By Representative Brown of the 34th:
A resolution proposing an amendment to the Constitution of the State of Georgia to authorize the City of Atlanta under certain circumstances to guarantee to levy an ad valorem tax for paying the principal of and interest on certain future revenue obligations. Referred to Committee on County and Urban Affairs.
HR 672. By Representative McDonald of the 12th:
A resolution authorizing the conveyance of certain State-owned real property located within Jackson County to the City of Jefferson; au thorizing the sale and transfer of certain State-owned surplus personal property to the City of Jefferson. Referred to Committee on Public Utilities.

HR 710. By Representatives Battle of the 124th, Triplett of the 128th, Hill of 127th and others:
A resolution creating a joint legislative committee to study HB 1555 and other matters related thereto. Referred to Committee on Industry, Labor and Tourism.

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JOURNAL OP THE SENATE,

HR 721. By Representative Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to establish the Downtown Camilla Development Authority and to pro vide for the powers, duties, and responsibilities of said authority; to provide for the submission of this amendment for ratification or rejec tion.
Referred to Committee on County and Urban Affairs.

HR 733. By Representatives Cooper, Wilson and Howard of the 19th and others:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from the city ad valorem taxation to resident homeowners in the City of Powder Springs who are under the age of 65 in an amount of two thousand dollar ($2,000.00). Referred to Committee on County and Urban Affairs.

HR 751. By Representative Jones of the 126th:
A resolution authorizing the Governor for and on behalf of the State of Georgia to convey to Union Camp Corp., a Virginia corporation, domesticated in Georgia, its successors and assigns, easements for the construction, in, on, over, across or under certain State-owned or claimed property situate in the Savannah River, Chatham County. Referred to Committee on Public Utilities.

The following reports of standing committees were read by the Secretary:

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 521. Do pass as amended. SB 645. Do pass. SB 646. Do pass. SB 648. Do pass. SB 656. Do pass. SB 659. Do pass. SB 660. Do pass. HB 1131. Do pass by substitute. HB 1454. Do pass as amended.

FRIDAY, FEBRUARY 20, 1976

1241

HB 1710. Do pass. HB 1745. Do pass. HB 1746. Do pass. HB 1758. Do pass. HB 1761. Do pass. HB 1766. Do pass as amended. HB 1767. Do pass. HB 1777. Do pass. HB 1778. Do pass. HB 1785. Do pass. HB 1793. Do pass. HB 1804. Do pass. HB 1806. Do pass. HB 1807. Do pass. HB 1808. Do pass. HB 1809. Do pass. HB 1811. Do pass. HB 1817. Do pass. HB 1818. Do pass. SR 361. Do pass. HR 311. Do pass. HR 622. Do pass.
Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the fol lowing resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 333. Do pass. SR 357. Do pass.
Respectfully submitted, Senator Fincher of the 54th District, Chairman

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Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following- recommendations:
HB 1214. Do pass.
HB 1344. Do pass by substitute.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the following resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 597. Do pass. HR 665. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 308. Do pass by substitute. Respectfully submitted, Senator Lester of the 23rd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 488. By Senators Warren of the 43rd, Coverdell of the 40th, Garrard of the 37th and others:
A bill to amend an Act known as the "Unemployment Compensation

FRIDAY, FEBRUARY 20, 1976

1243

Law" (now Employment Security Law), as amended, so as to change the provisions relative to disqualification for benefits.

SB 593. By Senators Hamilton of the 34th, Stephens of the 36th, Hudson of the 35th and others:
A bill to provide the circumstances and procedures under which certain provisions of Acts providing for the extension of corporate limits of municipalities shall become effective; to provide the procedures con nected therewith.

SB 604. By Senators Garrard of the 37th, Hamilton of the 34th and Coverdell of the 40th:
A bill to amend an Act granting to incorporated municipalities of this State certain basic powers, as amended, so as to provide for contracts relative to public works; to provide for bids and procedures connected therewith; to provide for rejection of bids.

SB 607. By Senators Warren of the 43rd, Doss of the 52nd, Lester of the 23rd and others:
A bill to amend Code Section 84-1411, relating to qualifications of real estate brokers and salesmen, as amended, so as to change the provisions relative to such qualifications.

SB 608. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to provide that no county, municipality, school district, authority, division, instrumentality, political subdivision or public body corporate of this State shall be authorized to file a petition for relief from or com position of its debts under any federal statute providing for such relief or composition.

SB 632. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Georgia Special Adult Offender Act of 1975", so as to change the effective date of said Act; to provide an effective date.

SB 643. By Senator Barnes of the 33rd:
A bill to amend Code Section 27-418, relating to bail, so as to provide that the tender and acceptance of bail shall not waive the right of the accused in a criminal case to a commitment hearing; to provide that the accused may waive commitment hearing.

SR 325. By Senators Lewis of the 21st and Gillis of the 20th:
A resolution designating Parrish's Pond and certain surrounding land located in Emanuel County as "The George L. Smith II Park".

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SR 348. By Senators Traylor of the 3rd, Carter of the 14th, Timmons of the llth and others:
A resolution relative to instruction in the public schools on the essentials and benefits of the free enterprise system.

SR 350. By Senator Hudgins of the 15th:
A resolution proposing an amendment to the Constitution, so as to add public and independent school districts and systems of the several counties and municipalities of the State as determined by the State Board of Education to need State aid for capital outlay funds as an eligible purpose for which general obligation debt of the State may be incurred.

HB 179. By Messrs. Buck of the 95th and Childs of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide that certain members of the Employees Retirement System of Georgia not now eligible for group term life in surance may become eligible for same under certain conditions.

HB 593. By Representatives Snow of the 1st, Sams of the 90th and Walker of the 115th:
A bill to amend Code Section 68A-903, relating to homicide by a vehicle, so as to redefine the offense of homicide by a vehicle in the first degree; to redefine the offense of homicide by a vehicle in the second degree.

HB 738. By Representatives Sweat of the 150th, Reaves of the 147th, Dixon of the 151st and others:
A bill to provide that the State shall be liable for damages to beehives caused by bears under certain conditions; to provide that the owner of the beehive shall have the right to destroy bears under certain con ditions ; to provide the procedures connected therewith.

HB 1148. By Representatives Howell of the 140th, Keyton of the 143rd, Tolbert of the 56th and Sizemore of the 136th:
A bill to amend Code Section 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court so as to require that in cases where a sentence of death is imposed the transcript shall be pre pared within a certain length of time; to authorize the Chief Justice of the Supreme Court of Georgia to grant an extension of time in such cases.
HB 1250. By Representatives Wall of the 61st, Harris of the 60th, Russell of the 53rd and others:
A bill to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to com mit a felony, so as to provide that upon conviction of such felony, the

FRIDAY, FEBRUARY 20, 1976

1245

sentence of such person shall run consecutively to any other sentence which such person has received.

HB 1270. By Representatives Tolbert, Davis and Floyd of the 66th and others:
A bill to provide that it shall be unlawful for any parent or guardian of any school child to provide false information in order to obtain free school lunches or such lunches at a reduced price.

HB 1301. By Representatives Pinkston of the 100th and Shanahan of the 7th:
A bill to amend Code Section 41A-1401, relating to powers of a trust company to act as fiduciary and in other representative capacities, so as to provide that every bank, building and loan association, and credit union operating pursuant to the provisions of the Financial Institutions Code of Ga. shall possess all of the rights, privileges, powers and re sponsibilities conferred upon trust companies.

HB 1310. By Representatives Murphy of the 18th, Wilson and Howard of the 19th and others:
A bill to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area.

HB 1326. By Representatives Snow of the 1st, Walker of the 115th, Games of the 43rd and others:
A bill to amend Code Chapter 113-6, relating to the probate and establishment of wills, as amended, so as to provide additional pro cedures for taking the testimony of witnesses to wills; to provide a form of affidavit to be used.

HB 1329. By Representative Carr of the 105th:
A bill to regulate the distribution and sale of soil amendments within the State of Georgia; to provide a short title; to provide an enforcing official; to provide definitions; to provide for labeling; to define misbranding; to provide for tonnage reports.

HB 1330. By Representative Carr of the 105th:
A bill to be known as the "Georgia Liming Materials Act of 1976"; to regulate the distribution and sale of agricultural limestone and other liming materials; to provide for a short title; to provide for definitions; to provide for standards for certain materials.

HB 1336. By Representatives Knight of the 67th, Mullinax of the 69th, Johnson of the 72nd and others:
A bill to amend an Act known as the "Development Authorities Law"

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approved March 28, 1969, as amended, so as to include in the definition of the word "Project" the acquisition, construction, design, engineering, improvement, leasing, maintenance, modification, rebuilding and repair of any property utilized in connection with a community antenna television system.

HB 1337. By Representatives Castleberry of the lllth, Ware of the 68th, McCollum of the 134th and others:
A bill to amend an Act known as the "Ga. Motor Vehicle Accident Reparations Act" so as to provide that in cases in which a person is convicted of knowingly operating or knowingly authorizing another to operate, a motor vehicle without effective insurance thereon, the Depart ment of Public Safety shall send a notification to such person that the Department has been informed of the fact of such conviction.

HB 1367. By Representatives Mullinax of the 69th, Richardson of the 52nd, Carr of the 105th and others:
A bill to amend an Act approved March 29, 1937, known as the "Unem ployment Compensation Law" (now Employment Security Law), so as to replace present benefit table by adding a formula effective Apr. 1, 1976; to require claimant to show his or her availability.

HB 1376. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so as to provide that the Chief Appraiser shall be an ex officio nonvoting mem ber of the board of tax assessors in all counties.

HB 1377. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
A bill to amend Code Section 92-6912, relating to county boards of equalization so as to change the time within which a notice of appeal must be filed with the local board of tax assessors by residents of the county.

HB 1422. By Representative Nessmith of the 82nd:
A bill to provide for the licensing and bonding of Grain Dealers; to provide for definitions; to provide for exceptions; to provide for licenses and applications and fees for such licenses; to provide for requirements for licensees; to provide for certified public weighers.

HB 1433. By Representatives Irvin of the 23rd, Nix of the 20th, Karrh of the 106th and others:
A bill to amend Code Section 29-407 relating to recording deeds, mort gages, bonds for title or other registrable instruments in one county

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1247

when the execution is before an officer of another county without jurisdiction, so as to provide for a definition.

HB 1486. By Representative Evans of the 99th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits having more than one superior court judge, so as to change the provisions relating to the compensation of assistant district attorneys.

HB 1491. By Representative Rainey of the 135th:
A bill to amend an Act to authorize the Commissioner of the Department of Natural Resources to appoint conservation rangers, so as to provide a short title ("Conservation Ranger Act").

HB 1493. By Representatives Carr of the 105th, Whitmire of the 9th, Dent of the 85th and others:
A bill to amend an Act creating the Department of Public Safety so as to establish the eligibility requirements for appointment to the Uniform Division of the Department of Public Safety.

HB 1536. By Representative Carr of the 105th:
A bill to amend an Act known as the "Georgia Surface Mining Act of 1968" so as to provide additional powers and duties of the Board of Natural Resources; to provide for the issuance of orders; to change certain provisions relative to licenses and bonds.

HB 1622. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-305, relating to mandatory suspension of licenses, so as to provide that conviction for failure to stop, render aid, identify themselves, hit and run, or leaving the scene of an accident shall require the mandatory suspension of a motor vehicle operator's license.

HB 1651. By Representative Harden of the 154th:
A bill to amend the "Jekyll Island-State Park Authority Act" to change the definition of "project"; to define the terms condominium and con dominium unit.

HB 1656. By Representatives Hudson of the 137th, Collins of the 144th, Rainey of the 135th and others:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" so as to exempt sales, fees and charges for services by the Rock Eagle 4-H Center.

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HB 1727. By Representatives Miles of the 86th, Sams of the 90th, Dent of the 85th and Connell of the 87th:
A bill to authorize persons appointed by the State Revenue Commis sioner as special agents or enforcement officers of the Revenue Depart ment to enforce the laws of this State relating to the licensing and registration of motor vehicles and to endow them with all the powers of a police officer of this State when engaged in the enforcement of said laws.

HR 462. By Representatives Murphy of the 18th, Snow of the 1st, Bray of the 70th and others:
A resolution to provide for a new Constitution of the State of Georgia.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Bond Broun of 46th Carter
Coverdell
Dean of 6th
Doss
Duncan
Eldridge
Fincher
Foster Garrard
Hamilton of 26th

Hamilton of 34th Hill Holley Howard Hudgins Kennedy
Kidd
Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Starr
Stumbaugh Summers
Thompson
Timmons
Traylor
Turner
Warren
Young

Those not answering to their names were Senators:

Barnes Bell Brantley Brown of 47th

Dean of 31st Gillis Holloway Hudson

Stephens Sutton Tate Tysinger

Senator Garrard of the 37th introduced the chaplain of the day, Dr. Robert Ozment, pastor of the First Methodist Church of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Riley of the 1st introduced the doctor of the day, Dr. Thomas German, of Savannah, Georgia.

The following local, uncontested bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

FRIDAY, FEBRUARY 20, 1976

1249

SB 612. By Senator Traylor of the 3rd:
A bill to amend an Act placing the Sheriff, Deputy Sheriff and Clerk of the Superior Court of Bryan County upon an annual salary, as amended, so as to change the provisions relative to the employment of deputies.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

SB 613. By Senator Traylor of the 3rd:
A bill to amend an Act creating a Board of Commissioners for Effingham County to be elected by the qualified voters thereof, as amended, so as to change the terms of office of members of the board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

SB 617. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the provisions relating to the powers of the mayor and aldermen; to change the provisions relating to the appointment and terms of office of certain city officials.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 618. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the term of office of the mayor; to change the date on which the mayor, aldermen and other elected officials take office.

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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 yeas were 48, nays 0.

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

SB 619. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Milledgeville, as amended, so as to authorize and direct the election superinten dent of the City of Milledgeville to conduct an election on certain questions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

SB 620. By Senator McGill of the 24th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to abolish the mayor's court; to create a recorder's court; to provide the jurisdiction, power and authority 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 yeas were 48, nays 0.

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

SB 625. By Senator Kidd of the 25th:
A bill to provide for fees and cost in proceedings in small claims courts in counties having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970 or any such future census; to provide for practices and procedures.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

FRIDAY, FEBRUARY 20, 1976

1251

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

SB 630. By Senator Traylor of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill in the County of Bryan and granting a new charter to said city, as amended, so as to change the corporate limits of said city; to provide an effective date; 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 yeas were 48, nays 0.

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

SB 631. By Senator Traylor of the 3rd:
A bill to amend an Act placing the Sheriff of Effingham County on an annual salary in lieu of the fee system of compensation, as amended, so as to authorize the sheriff to hire seven full-time deputies; to provide for their compensation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1586. By Representative Foster of the 152nd:
A bill to amend an Act incorporating the City of Kingsland so as to provide for the numbering of positions of membership on the council; to stagger the terms of office of the councilmen; to provide for annual 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 yeas were 48, nays 0.

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

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HB 1594. By Representative Hanner of the 130th:
A bill to amend an Act creating a new charter for the City of Dawson so as to reduce the maximum millage rate which may be levied annually for general 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 yeas were 48, nays 0.

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

HB 1644. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act consolidating the offices and duties of the Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County so as to change the compensation of the Tax Commissioner of Heard 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 yeas were 48, nays 0.

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

HB 1645. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation so as to change the 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 yeas were 48, nays 0.

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

HB 1646. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Judge of the Probate Court of Heard

FRIDAY, FEBRUARY 20, 1976

1253

County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the compensation of the Judge of the Probate Court of Heard 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 yeas were 48, nays 0.

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

HB 1647. By Representatives Glanton and Parkman of the 66th and Ware of the 68th:
A bill to amend an Act placing the Clerk of Superior Court of Heard County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the Clerk of 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 yeas were 48, nays 0.

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

HB 1665. By Representative Phillips of the 120th:
A bill to amend an Act creating a new charter for the City of Vidalia so as to repeal the provisions relating to primary 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 yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1666. By Representative Phillips of the 120th: A bill to amend an Act creating a new charter for the City of Vidalia so as to remove certain restrictions placed on the mayor and council relative to the granting of franchises, permits, easements and rightsof-way.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1689. By Representative Keyton of the 143rd:
A bill to provide a new charter for the City of Coolidge, Ga., in the County of Thomas; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city 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 yeas were 48, nays 0.

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

HB 1690. By Representative Smith of the 78th:
A bill to amend an Act entitled "An Act to provide for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900; to provide for deputy sheriffs and their compensation".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1699. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act establishing a Small Claims Court for Spalding County, Georgia, so as to change the jurisdiction of said court; to change the provisions relative to cost in certain actions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1976

1255

HB 1700. By Representatives Chance of the 129th, Taggart of the 125th, Triplett of the 128th and others:
A bill to create a new Charter for the Town of Pooler; to provide for the government of said Town and its corporate powers; to provide for the governing authority of said Town and for the election, terms of office and powers and duties of the members thereof; to provide for all matters relative to the foregoing.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1711. By Representatives Childs of the 51st, Jordan of the 58th, Davis of the 56th and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County so as to change the provisions relative to court 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 yeas were 48, nays 0.

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

HB 1735. By Representatives Taggart of the 125th, Hill of the 127th, Blackshear of the 123rd and others:
A bill to amend an Act creating the State Court of Chatham County so as to change the provisions relating to the salary of the judge of said court; to change the provisions relating to the salary of the clerk 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 yeas were 48, nays 0.

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

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HB 1736. By Representatives Taggart of the 125th, Triplett of the 128th, Hill of the 127th and others:
A bill to amend an Act creating the State Court of Chatham County so as to provide for an additional judge of the State Court of Chatham County; to provide for the powers, duties, jurisdiction, privileges, im munities and compensation of said additional 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 yeas were 48, nays 0.

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

HB 1737. By Representatives Cole and Foster of the 6th:
A bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved Feb. 24, 1874, as amended, so as to change the compensation of the recorder of said city; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1738. By Representatives Cole and Foster of the 6th:
A bill to amend an Act amending the charter of the City of Dalton ap proved Jan. 30, 1946, establishing the corporate limits of the City of Dalton and Acts amendatory of said charter by incorporating in said city, parts of land lots in the 12th District and 3rd Section of Whitfield County, Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1742. By Representative Adams of the 79th: A bill to amend Code Section 24-1801, relating to clerks of the judges

FRIDAY, FEBRUARY 20, 1976

1257

of the probate courts, as amended, so as to authorize the judge of the probate court in all counties whose population is not less than 23,450 nor more than 23,550, to appoint a clerk whose salary shall be paid from county funds, which salary shall not exceed the sum approved, by the board of commissioners of any such county.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1743. By Representative Adams of the 79th:
A bill to amend an Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation so as to strike therefrom the word "ordinary" in every instance in which it appears and to insert in lieu thereof the phrase "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 yeas were 48, nays 0.

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

HB 1574. By Representative Foster of the 152nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Camden County into the office of Tax Commissioner of Camden County approved Mar. 21, 1970 (Ga. Laws 1970, p. 3278), as amended, so as to change the compensation of the tax commissioner.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1574:

A BILL
To be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Camden County into the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. Laws 1970, p. 3278), as amended, so as to change the compensation of the tax commissioner; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Camden County into the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. Laws 1970, p. 3278), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"Section 3. The tax commissioner shall receive for his services as such an annual salary of $12,200.00 payable in equal monthly installments from the funds of Camden County."

Section 2. The provisions of Section 1 shall become effective on January 1, 1977, provided that this Act is approved at the referendum election held pursuant to the provisions of Section 3.

Section 3. It shall be the duty of the Election Superintendent of Camden County to issue the call for an election for the purpose of submitting this Act to the electors of Camden County for approval or rejection. The superintendent shall set the date of such election for the date of the general election in November, 1976, and shall issue the call for such election at least 30 days prior to the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Camden County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act increasing the salary of the Tax Com missioner of Camden County from $10,000 to $12,000,
( ) NO effective January 1, 1977, be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect.

The expense of such election shall be borne by Camden County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

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

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

FRIDAY, FEBRUARY 20, 1976

1259

On the passage of the bill, the yeas were 48, nays 0.

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

SR 342. By Senator Shapard of the 28th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Spalding County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County and to otherwise regulate and exercise police powers over businesses operated within the unin corporated areas of said County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The Board of Commissioners of Spalding County, Georgia, as the governing authority of said County, is hereby authorized and empowered to levy, assess and collect license fees and taxes from all persons, firms and corporations doing business in the unin corporated areas of said County and is further authorized and empowered to classify all such businesses and business enterprises and to assess different fees and taxes against different classes of business being conducted in the unincorporated areas of said County and in order to provide for the public welfare, health and security of the people of Spalding County, the governing authority of said County is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unincorporated areas of said County, and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Spalding County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Spalding County to levy, as-

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( ) NO sess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Spalding County, and to other wise regulate and exercise police powers over any such businesses?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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 Senate Committee on County and Urban Affairs offered the following substitute to SR 342:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Spalding County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission and to otherwise regulate and exercise police powers over businesses operated within the unin corporated areas of said County except those businesses regulated by the Public Service Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The Board of Commissioners of Spalding County, Georgia, as the governing authority of said County, is hereby authorized and empowered to levy, assess and collect license fees and taxes from all persons, firms and corporations doing business in the unincorporated areas of said County except those businesses regu lated by the Public Service Commission and is further authorized and empowered to classify all such businesses and business enter prises and to assess different fees and taxes against different classes of business being conducted in the unincorporated areas of said County except those businesses regulated by the Public Service Commission, and in order to provide for the public welfare, health and security of the people of Spalding County, the governing authority of said County is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unincorporated areas of said County except those businesses regulated by the Public Service Commission and to prescribe and enforce such rules and regulations as may be necessary

FRIDAY, FEBRUARY 20, 1976

1261

to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Spalding County shall coonstitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Spalding County to levy,
( ) NO assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Spalding County except those businesses regulated by the Public Service Commission, and to otherwise regulate and exercise police powers over any such businesses?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Bond
Broun of 46th Brown of 47th Carter Coverdell
Dean of 6th Dean of 31st Doss
Duncan

Eldridge Fincher Foster
Gillis Hamilton of 26th Hamilton of 34th Hill
Holley Holloway Hudgins
Hudson

Kennedy Langford Lester
Lewis McDowell McDuffie McGill
Overby Pearce Reynolds
Riley

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Russell Shapard Stephens

Stumbaugh Summers Sutton

Timmons Turner Warren

Those not voting were Senators:

Banks (excused conferee) Barker Barnes (excused conferee) Brantley

Garrard Howard (excused conferee) Kidd Robinson Starr

Tate Thompson Tray lor Tysinger Young

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

HR 596. By Representatives Carlisle and Mostiler of the 71st, Johnson of the 72nd and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Payette County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Fayette County and to otherwise regulate and exercise police powers over businesses operated within the unin corporated areas of said County; to provide for the submission of this amendment for ratification or rejection, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The Board of Commissioners of Fayette County, Georgia, as the governing authority of said County, is hereby authorized and empowered to levy, assess and collect license fees and taxes from all persons, firms and corporations doing business in the unin corporated areas of said County and is further authorized and empowered to classify all such businesses and business enterprises and to assess different fees and taxes against different classes of business being conducted in the unincorporated areas of said County and in order to provide for the public welfare, health and security of the people of Fayette County, the governing authority of said County is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unincorporated areas of said County, and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted

FRIDAY, FEBRUARY 20, 1976

1263

by said governing authority of Fayette County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Fayette County to levy,
( ) NO assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Fayette County, and to otherwise regulate and exercise police powers over any such businesses?"

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 Senate Committee on County and Urban Affairs offered the following substitute to HR 596:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Fayette County, Georgia, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Fayette County, except those businesses regulated by the Public Service Commission, and to otherwise regulate and exercise police powers over businesses operated within the unin corporated areas of said County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The Board of Commissioners of Fayette County, Georgia, as the governing authority of said County, is hereby authorized and empowered to levy, assess and collect license fees and taxes from all persons, firms and corporations doing business in the unin-

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corporated areas of said County, except those businesses regulated by the Public Service Commission, and is further authorized and empowered to classify all such businesses and business enterprises and to assess different fees and taxes against different classes of business being conducted in the unincorporated areas of said County and in order to provide for the public welfare, health and security of the people of Fayette County, the governing authority of said County is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unincorporated areas of said County, except those businesses regulated by the Public Service Commission, and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Fayette County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Fayette County to levy,
( ) NO assess and collect business licenses and taxes from all persons, firms and corporations doing business in the unincorporated areas of Fayette County, except those businesses regulated by the Public Service Com mission, and to otherwise regulate and exercise police powers over any such businesses?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

FRIDAY, FEBRUARY 20, 1976

1265

Those voting in the affirmative were Senators:

Ballard Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Langford Lester Lewis McDowell McDuffie

McGill Overby Pearce Reynolds Riley Russell Shapard Stephens Stumbaugh Summers Sutton Timmons Turner Warren

Those not voting were Senators:

Banks (excused conferee) Barker Barnes (excused conferee) Brantley

Garrard Howard (excused conferee) Kidd Robinson Starr

Tate Thompson Traylor Tysinger Young

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

HR 615. By Representatives Beck of the 148th and Patten of the 149th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to create a public authority and vest in such authority the power to operate a system of telephonic communications in the City of Hahira and those areas now served by the Hahira exchange; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly shall be authorized to create a public authority and vest in such authority the power to acquire, construct, operate, extend and improve a system of telephonic communications in the City of Hahira and those areas now served by the Hahira

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exchange. The authority shall have the authority to issue revenue bonds in order to finance the projects of the authority authorized by the provisions of this paragraph. The authority shall have such other powers, duties and responsibilities as the General Assembly shall provide."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to create a public authority
( ) NO and vest in it the authority to operate a system of telephonic communications in the City of Hahira and those areas now served by the Hahira exchange?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Langford Lester Lewis McDowell McDuffie

McGill Overby Pearce Reynolds Riley Russell Shapard Stephens Stumbaugh Summers Sutton Timmons Turner Warren

FRIDAY, FEBRUARY 20, 1976

1267

Those not voting were Senators:

Banks (excused conferee) Barker Barnes (excused conferee) Brantley

Garrard Howard (excused conferee) Kidd Robinson Starr

Tate Thompson Traylor Tysinger Young

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 616. By Representatives Adams of the 14th, Childers of the 15th and Toles of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Floyd County to include within any retire ment system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XV, Section II, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The governing authority of Floyd County is hereby authorized to include within any retirement system or plan heretofore or here after created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County, and such governing authority shall be further authorized to provide for such matters as may be reasonably necessary for the inclusion of such persons within such retirement system or plan."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Floyd County to include
( ) NO within any retirement system or plan heretofore or

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JOURNAL OF THE SENATE,

hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st
Doss
Duncan
Eldridge
Fincher
Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy
Langford
Lester
Lewis
McDowell
McDuffie

Those not voting were Senators:

Banks (excused conferee) Barker Barnes (excused conferee) Brantley

Garrard Howard (excused conferee) Kidd Robinson Starr

McGill Overby Pearce Reynolds Riley Russell Shapard Stephens Stumbaugh Summers Sutton Timmons Turner Warren
Tate Thompson Traylor Tysinger Young

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

FRIDAY, FEBRUARY 20, 1976

1269

HR 620. By Representatives Foster of the 152nd, Wheeler of the 152nd, Harris of the 138th and Stone of the 138th:

A RESOLUTION

Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Pierce County shall have jurisdiction; to provide for costs in certain cases; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"Provided, however, that in Pierce County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed $1,000.00 and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regulations as may be prescribed by law. In any case in which the principal sum exceeds $200.00 the justice of the peace shall receive as his total fees for his services in such case an amount equal to three percent of the principal amount and the constable shall receive as his total fees in any such case an amount equal to two percent of such principal amount. The fees of the justice of the peace and the constable in any case in which the principal amount does not exceed $200.00 shall remain as now or hereafter provided by the general laws of this State."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the
( ) NO Justices of the Peace in Pierce County shall have juris diction from $200.00 to $1,000.00?"

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.

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The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Langford Lester Lewis McDowell McDuffie

Those not voting were Senators:

Banks (excused conferee) Barker Barnes (excused conferee) Brantley

Garrard Howard (excused conferee) Kidd Robinson Starr

McGill Overby Pearce Reynolds Riley Russell Shapard Stephens Stumbaugh Summers Sutton Timmons Turner Warren
Tate Thompson Traylor Tysinger Young

On the adoption of the resolution, the yeas were 42, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 625. By Representative Adams of the 79th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education of the City of Thomaston and the Board of Edu cation of Upson County to contract with each other to create a joint secondary board of education to jointly and equally educate high school students of the City of Thomaston and Upson County; to authorize said boards to delegate to any such joint board any and all powers possessed by them relative to educating such students except those powers relative to taxation and to further contract with each other relative to real and personal property, expenditures therefor and thereon and pro rata ownership interest therein, whether acquired by purchase

FRIDAY, FEBRUARY 20, 1976

1271

or by gift, in furtherance of such joint educational endeavor and to make conveyances pursuant thereto, the term of any of which contracts may extend for periods of up to 50 years; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"In addition to and supplementary of any powers now possessed or hereafter conferred upon the City of Thomaston Board of Edu cation and the Board of Education of Upson County by law or by this Constitution, each of them shall have the unlimited power to contract with each other so as to create from their own members a joint Thomaston-Upson County Secondary Board of Education for the purpose of Jointly educating the high school students of the City of Thomaston and the County of Upson. Each of said boards of education shall have the unlimited authority to delegate to a joint Thomaston-Upson County Secondary Board of Education by any such contract all or any portion of the powers and authority possessed by it to operate and maintain educational facilities for high school students; provided, however, that neither the City of Thomaston Board of Education nor the Board of Education of Upson County may delegate any of the powers either of them may possess relative to taxation for educational purposes. Said boards shall likewise have plenary power to provide, by such contract or any mutually acceptable amendments to any such contract, for the funding of such joint educational undertaking, the number of members of any such joint board, the officers thereof, the voting powers of officers, meeting dates, terms of members and for all other matters or things needful, necessary or incidental to the creation, organization and orderly operation of such joint board. The said City of Thomaston Board of Education and the Board of Education of Upson County shall further have the right, without limitation, to contract with each other relative to the pro rata ownership, use, acquisition, maintenance, improvement or disposi tion of property, either real or personal, whether acquired by purchase or donation, to be used by either of them or by said joint Thomaston-Upson County Secondary Board of Education in educat ing high school students. Contracts entered into pursuant to the powers herein conferred may extend for periods of time up to 50 years. The Thomaston-Upson County Secondary Board of Education and its members shall be clothed with all governmental immunity enjoyed by either the Upson County Board of Education or the City of Thomaston Board of Education."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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"( ) YES Shall the Constitution be amended so as to authorize the Board of Education of the City of Thomaston
( ) NO and the Board of Education of Upson County to con
tract with each other for periods up to 50 years to create a joint secondary board of education to jointly and equally educate high school students of ThomastonUpson County, to authorize said boards to delegate to any such joint board any powers possessed by them relative to educating such students except those powers relative to taxation, and to further contract with each other relative to the pro rata ownership of property, real and personal, whether acquired by purchase or by donation, including expenditures there for and thereon, and to make conveyances pursuant thereto in furtherance of such educational endeavor?"

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

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th
Dean of 31st Doss Duncan Eldridge Fincher
Foster

Gillis
Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson
Kennedy Langford Lester Lewis McDowell
McDuffie

McGill
Overby Pearce Reynolds Riley Russell Shapard Stephens
Stumbaugh Summers Sutton Timmons Turner
Warren

Those not voting were Senators:

Banks (excused conferee) Barker BarneS (excused conferee) Brantley

Garrard Howard (excused conferee) Kidd Robinson Starr

Tate Thompson Traylor Tysinger Young

FRIDAY, FEBRUARY 20, 1976

1273

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following resolutions of the Senate and House were read and adopted:

SR 369. By Senator Young of the 13th:
A resolution commending Irwin County High School football and base ball teams.

SR 373. By Senator Traylor of the 3rd: A resolution commending Dr. W. E. Smith.

HR 774. By Representatives Jones of the 126th, Triplett of the 128th, Johnson of the 72nd and others: A resolution commending and inviting the officials of the 31st State YMCA Youth Assembly.
SENATE CALENDAR
Friday, February 20, 1976
SB 635. County with State-Owned Land--granting of funds SB 638. Corporations--not required to mail cert, documents to shareholders HB 190. Employees' Retirement System--include additional persons HB 312. Employees' Retirement--certain periods of service full time HB 797. Act Authorizing Special Purpose Grand Juries--additional
counties HB 1138. Alcoholic Beverage Sale--minimum container size HB 1394. Malt Bev.--sale in various container size by cert, common carriers HB 1395. Wine--sale in various container size by certain common carriers HB 1399. Felony Case Jury--alternate jurors certain cases HB 1405. Minor Children--change age provisions HB 1431. GBI Special Contract Investigator--considered GBI employees HB 1526. Peace Officer Standards and Training Act--redefine terms HB 1657. Casualty, Veh., Prop., Marine & Transp. Ins.--rates on risk (SUB) HB 1660. Insurance Agents' Certificate of Authority--provide HB 1662. Rehab, and Liquidation of Insurers--grounds of conservation

1274

JOURNAL OF THE SENATE,

Senator Holloway of the 12th moved that the following bill of the Senate be postponed until 11:00 o'clock A.M. today.

SB 635. By Senator Tray lor of the 3rd:
A bill to amend an Act providing for the granting of funds to a county in which is located land belonging to the State consisting of at least twenty thousand (20,000) acres from which such county receives no taxes, so as to authorize the Department of Natural Resources to grant such funds.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 635 was postponed until 11:00 o'clock A.M.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 638. By Senator Lewis of the 21st:
A bill to amend Code Title 22, relating to corporations, as amended, so as to delete therefrom requirements that corporations mail certain documents to shareholders upon request; to provide for other matters relative to the foregoing; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell
Dean of 6th Dean of 31st Doss Duncan
Eldridge Pincher Poster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd
Langf ord Lester Lewis McDowell
McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Sutton Thompson Traylor Turner
Young

FRIDAY, FEBRUARY 20, 1976

1275

Voting in the negative was Senator Warren.

Those not voting were Senators:

Banks Holloway

Hudgins Tate

Timmons Tysinger

On the passage of the bill, the yeas were 49, nays 1.

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

Senator Lewis of the 21st moved that SB 638 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 1; the motion prevailed, and SB 638 was immediately transmitted to the House.

HB 190. By Representatives Buck of the 95th and Snow of the 1st:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to include additional persons as members of the System.

The following fiscal note, as required by law, was read by the Secretary:

EMPLOYEES' RETIREMENT SYSTEM February 3, 1976

MEMORANDUM

TO: FROM: SUBJECT:

Mr. Norman Terrell Deputy State Auditor
Abe Domain Director
HB 190 (Committee Substitute)

This amendment provides that any retiree who at retirement elected to receive a reduced benefit throughout his lifetime and upon his death the beneficiary named at retirement would receive one-half of his benefit throughout her lifetime if living could by written declaration of waiver with the Board of Trustees waive such payments to the named bene ficiary, meaning that there would be no further payments made to any one after his death. This waiver, however, would in no way serve to in crease or decrease the retirement allowance payable during the life of the retired member.

1276

JOURNAL OF THE SENATE,

There would not be any cost to the System for this type of legisla tion; in fact, it would advantage the System by the amount that would have been payable to the named living beneficiary throughout her life time.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Banks

Reynolds

Tysinger

On the passage of the bill, the yeas were 53, 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 House action thereto:
HB 659. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
Senate Sponsor: Senator Broun of the 46th.
A bill to provide for the management of the utilization of certain types of real property by the various agencies of the executive branch of the State government; to provide for a short title ("State Buildings Manage ment Act of 1975"); to provide for certain powers and duties of the Department of Administrative Services and for the Commissioner of said Department.

FRIDAY, FEBRUARY 20, 1976

1277

Senator Broun of the 46th moved that the Senate recede from the Senate amendments to HB 659.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate receded from the Senate amendments to HB 659.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 312. By Messrs. Adams of the 14th, Walker of the 115th, Shanahan of the 7th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act establishing the Employees' Retirement System so as to provide that certain periods of service shall be deemed as fulltime State employment for certain members.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334
February 26, 1975

MEMORANDUM

TO:

The Honorable Thomas Buck, Chairman

House Retirement Committee

FROM:

Ernest B. Davis, State Auditor

SUBJECT: Fiscal Note HB 312 (Committee Substitute)

This substitute would permit former members of the General As sembly who are now members of the Employees' Retirement System as well as Tax Collectors, Tax Receivers and Tax Commissioners and em ployees of any such Tax Officials to purchase service for the period January 1, 1954 to their date of membership in the Retirement System provided such payment is made to the Retirement System before January 1, 1976. Attached please find copy of fiscal note from Abe Domain, Director, Employees' Retirement System which we feel is self-explana tory.
/s/ E. B. Davis State Auditor

1278

JOURNAL OF THE SENATE,

MEMORANDUM

TO:

The Honorable Thomas Buck, Chairman

House Retirement Committee

FROM:

Abe Domain, Director

SUBJECT: Fiscal Note HB 312 (Committee Substitute)

This substitute would permit former members of the General As sembly who are now members of the Employees' Retirement System as well as Tax Collectors, Tax Receivers and Tax Commissioners and em ployees of any such Tax Officials to purchase service for the period January 1, 1954 to their date of membership in the Retirement System upon the payment by the member of the employee contributions, em ployer contributions plus regular interest thereon that would have been made had these individuals been members of the System and contributing to the System from January 1, 1954 to date of membership. The pur chase of such service must be made before January 1, 1976.
The funding provisions provided in the bill would not generate any material amount of liability to the System.

/s/ Abe Domain Director Employees' 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
Fincher
Foster
Garrard
Gillis

Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce
Reynolds

Voting in the negative was Senator Holloway.

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton
Tate
Thompson
Timmons
Traylor
Turner
Warren
Young

FRIDAY, FEBRUARY 20, 1976

1279

Those not voting were Senators:

Ballard Banks

Bond Hill

Tysinger

On the passage of the bill, the yeas were 50, nays 1.

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

Senator Robinson of the 27th moved that the following bill of the House be postponed until Monday, February 23:

HB 797. By Representative Evans of the 99th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide for special purpose grand juries in certain additional counties.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 797 was postponed until Monday, February 23.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1138. By Representatives Dixon of the 151st and Thompson of the 93rd:
Senate Sponsor: Senator Robinson of the 27th.
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide the minimum container size which a retailer may sell.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley

Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie

1280

JOURNAL OF THE SENATE,

McGill Overby Pearce Reynolds Riley Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor Turner Young

Those not voting were Senators:

Ballard Banks Bond

Broun of 46th Langford Tysinger

Warren

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1394. By Representatives Dixon of the 151st and Miles of the 86th:
Senate Sponsor: Senator Robinson of the 27th.
A bill to amend an Act relating- to malt beverage taxes so as to provide for the authorization of distribution or sale of malt beverages in various container sizes by certain common carriers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 31st
Doss Duncan Eldridge Fincher
Foster
Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard
Hudgins Kennedy
Kidd
Langford
Lester Lewis
McDowell McDuffie McGill
Overby

Pearce Reynolds Riley Robinson Russell Shapard
Starr Stephens
Stumbaugh Summers
Tate Thompson
Timmons
Traylor Turner Young

FRIDAY, FEBRUARY 20, 1976

1281

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Ballard Banks Bond

Dean of 6th Hudson Tysinger

Warren

On the passage of the bill, the yeas were 48, nays 1.

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

HB 1395. By Representatives Dixon of the 151st and Miles of the 86th:
Senate Sponsor: Senator Robinson of the 27th.
A bill to amend an Act relating to the manufacture, sale and taxing of wine so as to provide for the authorization of distribution or sale of wine in various container sizes by certain common carriers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Warren Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Banks Bond

Brown of 47th Hudgins

Hudson Tysinger

On the passage of the bill, the yeas were 49, nays 1.

1282

JOURNAL OF THE SENATE,

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

HB 1399. By Representatives Sweat of the 150th and Dixon of the 151st:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend an Act providing the procedure for the impaneling of alternate jurors in felony cases in the superior courts of this State so as to provide for the appointment of alternate jurors in certain cases.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren

Those not voting were Senators :

Bond Brantley Dean of 31st

Fincher Hamilton of 34th Holloway

Riley Tysinger Young

On the passage of the bill, the yeas were 47, nays 0.

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

The following resolution of the House was taken up for the purpose of con sidering House action thereto:
HR 69. By Representatives Murphy of the 18th, Lee of the 72nd, Vaughn of of the 57th and others: A resolution proposing an amendment to the Constitution so as to

FRIDAY, FEBRUARY 20, 1976

1283

provide that the members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.

Senator Dean of the 31st moved that the Senate recede from the Senate amend ment to HR 69.

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

Those voting in the affirmative were Senators:

Banks Barker Brantley Broun of 46th Brown of 47th Carter
Dean of 6th
Dean of 31st
Doss
Duncan
Fincher
Foster

Gillis Hamilton of 26th Holley Hudgins Hudson Kennedy
Kidd
Langford
Lester
Lewis
McDowell
McDuffie

Those voting in the negative were Senators:

Ballard Barnes Bell Bond Coverdell Eldridge

Garrard Hill Holloway Howard Russell Stumbaugh

Those not voting were Senators:

Hamilton of 34th

Robinson

McGill Overby Pearce Reynolds Riley Shapard Starr Stephens Summers Thompson Traylor
Sutton Tate Timmons Turner Warren Young
Tysinger

On the motion to recede from the Senate amendment, the yeas were 35, nays 18; the motion, having failed to receive the requisite two-thirds constitutional ma jority, was lost.

The following resolution of the Senate was read and adopted:

SR 371. By Senators Shapard of the 28th and Duncan of the 30th:
A resolution honoring Thomas J. Bohannon, Joe P. Bohannon, Jr., Dr. Robert Lee, John W. McMillian and Jackie Pate for leadership in the nationwide "Stop Drugs at the Source" petition drive.

1284

JOURNAL OF THE SENATE,

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1405. By Representatives Hudson of the 137th, Murphy of the 18th, Games of the 43rd and Davis of the 56th:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend an Act providing that every parent or other persons in loco parentis having in custody and control over a minor child or children under the age of seventeen shall be liable for the willful and wanton acts of said minor child or children resulting in injury or damage to the person or property, or both, so as to change the age provisions relative to minor children.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell
Dean of 6th
Dean of 31st
Doss
Eldridge
Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Kennedy Kidd Langford
Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Sutton Tate Thompson
Timmons
Turner
Warren
Young

Those not voting were Senators:

Broun of 46th Duncan Holloway Hudgins

Hudson Lester Shapard Summers

Traylor Tysinger

On the passage of the bill, the yeas were 46, nays 0.

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

FRIDAY, FEBRUARY 20, 1976

1285

HB 1431. By Representative McDonald of the 12th:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend an Act establishing the qualifications for agents of the Ga. Bureau of Investigation, so as to provide that special contract in vestigators retained by the Director of the Georgia Bureau of Investiga tion shall be considered employees of the Ga. Bureau of Investigation and shall have all the rights and privileges of such employees with certain exceptions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Ballard Fincher

Holloway Hudson

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young
Tysinger

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1526. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend an Act known as the Georgia Peace Officer Standards and Training Act, as amended, so as to redefine terms; to expand the power of the Georgia Peace Officer Standards and Training Council to provide technical assistance to law enforcement units; to define the

1286

JOURNAL OF THE SENATE,

class of persons subject to the certification provisions of the Act; 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge
Fincher
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell
McDuffie
McGill
Overby

Reynolds Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner
Warren
Young

Those not voting were Senators:

Banks Dean of 31st Duncan

Holloway Hudson Pearce

Riley Stumbaugh Tysinger

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1657. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Chapter 56-5, relating to rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, so as to provide that nothing contained within said Code 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.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to HB 1657:

FRIDAY, FEBRUARY 20, 1976

1287

A BILL

To be entitled an Act to amend Code Chapter 56-5, relating to rates for casualty, surety, vehicle, property, marine and transportation in surance, as amended, so as to provide that nothing contained within said Code Chapter shall be deemed to prohibit an insurer and its in sured from contracting to use a rate on a specific risk or risks, which is in excess of, or lower than, that otherwise applicable, under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 56-5, relating to rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, is hereby amended by adding, following Code Section 56-522.1, a new Code Section 56-522.2, to read as follows:

"56-522.2. Consent to Rate.--Nothing contained in this Chapter shall be deemed to prohibit an insurer and its insured from contract ing to use a rate on a specific risk or risks which is in excess of, or lower than, that otherwise applicable, provided that such contract and rate deviation by consenting parties have been filed with the Commissioner prior to the use of such rate in accordance with such procedures, conditions and limitations as may be established by the Commissioner."

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 hereby repealed.

On the adoption of the substitute, the ayes were 30, nays 0, and the sub stitute 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher
Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard
Hudgins Kennedy

1288

JOURNAL OF THE SENATE,

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Duncan Hudson

Riley

Tysinger

On the passage of the bill, the ayes were 52, nays 0.

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

The following resolution of the House was taken up for the purpose of con sidering House action thereto:

HR 69. By Representatives Murphy of the 18th, Lee of the 72nd, Vaughn of the 57th and others:
A resolution proposing an amendment to the Constitution so as to provide that the members of the General Assembly shall receive such compen sation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.

Senator Dean of the 31st moved that the Senate insist on the Senate amend ment to HR 69.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted on the Senate amendment to HR 69.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1660. By Representatives Castleberry of the lllth, Ware of the 68th, Parrish of the 97th and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Chapter 56-8A, relating to agents and counselors of life, accident, and sickness insurance, as amended, so as to provide for Agents' Certificates of Authority; to require insurers to obtain

FRIDAY, FEBRUARY 20, 1976

1289

certificates for each agent representing such insurers in certain mat ters; to provide for renewal of certificates.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter
Dean of 6th
Dean of 31st
Doss
Eldridge
Fincher
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Kennedy Kidd Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce
Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate
Thompson
Timmons
Traylor
Turner
Warren
Young

Those not voting were Senators:

Coverdell Duncan Hill

Hudgins Hudson Riley

Tysinger

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1662. By Representatives Castleberry of the lllth, Ware of the 68th, Wood of the 9th and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Chapter 56-14, relating to rehabilitation and liquidation of insurers so as to change the provisions relating to grounds of conservation, so as to provide grounds for conservation of domestic insurers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1290

JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st
Doss
Eldridge
Foster
Garrard
Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson
Timmons
Traylor
Turner
Warren
Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Ballard Duncan Fincher

Hill Hudson Riley

Tysinger

On the passage of the bill, the yeas were 48, nays 1.

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

The President stated that at this time the Senate would consider in open ses sion the appointments submitted by His Excellency, Governor George Busbee, in a communication to the Senate on February 13, 1976, which is included in the journal of February 13.

Senator Starr of the 44th moved that the reading of the appointments he dispensed with since they had been printed and distributed by the Secretary to each Senator and that one roll call suffice on all appointments unless any Senator designated any appointee be deleted from the list and voted on individually.

On the motion, the yeas were 47, nays 0; the motion prevailed, and the reading of the appointments was dispensed with.

No Senator requested that a confirmation be voted on separately.

FRIDAY, FEBRUARY 20, 1976

1291

The Senate Committee on Education submitted the following reports which were read by the Secretary:

February 19, 1976

Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. McWhorter:
The Senate Education Committee met on February 19, 1976, to consider the Governor's appointees to the State Board of Education.
The Senate Education Committee voted unanimously to recommend the confirmation of Mr. James F. Smith of Bartow County as a member of the State Board of Education for a term of office beginning February 11, 1976, and ending January 1, 1983.
Sincerely,
f&l Hugh Carter

February 19, 1976

Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. McWhorter:
The Senate Education Committee met on February 19, 1976, to con sider the Governor's appointees to the State Board of Education.
The Senate Education Committee voted unanimously to recommend the confirmation of Mrs. Saralyn B. Oberdorfer of Fulton County as a member of the State Board of Education for a term of office beginning February 11, 1976, and ending January 1, 1983.
Sincerely,
/si Hugh Carter

February 19, 1976

Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. McWhorter:
The Senate Education Committee met on February 19, 1976, to con sider the Governor's appointees to the State Board of Education.

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The Senate Education Committee voted unanimously to recommend the confirmation of Mr. A. J. McClung, of Muscogee County as a member of the State Board of Education for a term of office beginning February 11, 1976, and ending January 1, 1983.
Sincerely,
/s/ Hugh Carter

February 19, 1976

Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. McWhorter:
The Senate Education Committee met on February 19, 1976, to consider the Governor's appointees to the State Board of Education.
The Senate Education Committee voted unanimously to recommend the confirmation of Mr. Thomas K. Vann, Jr., of Thomas County, as a member of the State Board of Education for a term of office beginning February 11, 1976, and ending January 1, 1983.
Sincerely,
/s/ Hugh Carter

The President stated that one roll call would be taken on all appointments listed in the hereinabove mentioned communication from His Excellency, Governor George Busbee.

The President ordered a roll call on all appointments, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Warren Young

FRIDAY, FEBRUARY 20, 1976

1293

Those not voting were Senators:

Ballard Barker Brantley

Duncan Fincher Hill

Hudson Riley Tysinger

On the confirmation of the appointees, the yeas were 47, nays 0, and all of the appointments were confirmed.

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor George Busbee:
OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334
February 20, 1976
Honorable George Busbee Governor State Capitol Atlanta, Georgia
Dear Governor:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 13, 1976, were acted upon by the Georgia State Senate in session on February 20, 1976, with the following results:
Honorable Edward D. Dunn of DeKalb County as Commissioner of Banking and Finance for the term of office beginning February 10, 1976, and ending January 20, 1980. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
Honorable James F. Smith of Bartow County as a member of the State Board of Education for the term of office beginning February 11, 1976, and ending January 1, 1983. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
Mrs. Saralyn B. Oberdorfer of Fulton County as a member of the State Board of Education for the term of office beginning February 11, 1976, and ending January 1, 1983. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
Honorable A. J. McClung of Muscogee County as a member of the State Board of Education for the term of office beginning February

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11, 1976, and ending January 1, 1983. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.

Honorable Thomas K. Vann, Jr. of Thomas County as a member of the State Board of Education for the term of office beginning Feb ruary 11, 1976, and ending January 1, 1983. The vote on this confirma tion was yeas 47, nays 0, and the nominee was confirmed.

Honorable Sam Gofer of Glynn County as a member of the Board of Natural Resources for the term of office beginning February 12, 1976, and ending January 1, 1983. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.

Respectfully submitted,

/s/ Hamilton McWhorter, Jr. Secretary of the Senate

The following resolution of the Senate was read and put upon its adoption:

SR 372. By Senator Broun of the 46th: A resolution relative to adjournment from February 20 to February 23.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds

Voting in the negative was Senator Hill.

Those not voting were Senators:

Barker Bond Brantley Duncan

Fincher Holloway Hudson McDowell

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren
Riley Russell Tysinger Young

FRIDAY, FEBRUARY 20, 1976

1295

On the adoption of the resolution, the yeas were 43, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

At 11:38 o'clock A.M., the President announced the Senate would stand in recess until 4:00 o'clock P.M.

The President called the Senate to order.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1282. By Representative Greer of the 43rd:
A bill to amend an Act providing for the administration of estates of persons who are missing and for the probate of wills of such persons, approved March 27, 1947, so as to provide a procedure for the adminis tration of estates and the probate of wills of persons who are missing under circumstances which would lead to the conclusion that said persons are dead.

HB 1277. By Representatives Matthews of the 63rd, Logan of the 62nd, Evans of the 99th and Triplett of the 128th:
A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the definition of the offense of armed robbery; to change the penalty for the offense of armed robbery.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 1009. By Representatives Beckham of the 89th, Sams of the 90th and Calhoun of the 88th:
A bill to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide govern ment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County".

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

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JOURNAL OF THE SENATE,

SR 372. By Senator Broun of the 46th: A resolution relative to adjournment.

Senator Young of the 13th, Chairman of the Enrolling and Journals Sub committee, submitted the following report:
Mr. President:
Your Subcommittee on Enrolling and Journals has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 53. Respectfully submitted, Senator Young of the 13th District, Chairman

At 4:05 o'clock P.M., the President announced the Senate adjourned pursuant to SR 372 until 10:00 o'clock A.M. Monday, February 23.

MONDAY, FEBRUARY 23, 1976

1297

Senate Chamber, Atlanta, Georgia Monday, February 23, 1976

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of Friday's proceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1732. By Representatives Long of the 142nd and Keyton of the 143rd:
A bill to provide a new Charter for the City of Meigs, Georgia, in the County of Thomas.

HB 1882. By Representatives Gignilliat of the 122nd, Battle of the 124th, Triplett of the 128th and others:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries in any county of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census.

HB 1883. By Representative Dover of the llth:
A bill to amend an Act entitled "An Act to provide for a secretary for Solicitor of the State Court of Habersham County", so as to change the maximum compensation of the secretary of the Solicitor of the State Court of Habersham County.

HB 1884. By Representatives Cooper, Howard and Wilson of the 19th and others:
A bill to amend an Act providing a new charter for the City of Powder Springs, so as to provide a method for the repeal of the charter of the City of Powder Springs; to provide for a petition and a referendum in connection therewith.

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JOURNAL OF THE SENATE,

HB 1890. By Representative Ross of the 76th:
A bill to authorize and direct the election superintendent of Warren County to hold an election on the question of establishing a multi-member Board of Commissioners in Warren County.

HB 1891. By Representative Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Buchanan so as to provide for certain additional powers which may be exercised by the governing authority of the City of Buchanan.

HB 1893. By Representative Stone of the 138th:
A bill to amend an Act providing for a new charter for the City of Baxley so as to change the corporate limits of said city.

HB 1900. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to create the Chatham County Water and Sewer Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the dis tribution and sale of water and related facilities to individuals and private concerns.

HB 1904. By Representative Crawford of the 5th:
A bill to reincorporate the Town of Lyerly in the County of Chattooga; to create a new charter for said town; to provide for the name, powers and corporate limits of said town.

HB 1905. By Representative Stone of the 138th:
A bill to amend an Act amending, consolidating and renewing the charter of the City of Patterson so as to change the terms of office of certain aldermen and the manner of electing the mayor and certain aldermen for certain elections.

HB 1908. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to create and establish a Small Claims Court for Jefferson County to be known as the Small Claims Court of Jefferson County.

HB 1909. By Representative Culpepper of the 98th:
A bill to provide a new Charter for the City of Roberta, Georgia, in the County of Crawford.

HB 1910. By Representative Castleberry of the lllth: A bill to amend an Act increasing the compensation of the Tax Commis-

MONDAY, FEBRUARY 23, 1976

1299

sioner of Stewart County so as to change the compensation of the tax commissioner.

HB 1911. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Stewart County so as to change the compensation of the commissioner.

HB 1912. By Representatives Johnson, Harris and Thomason of the 8th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act;" so as to change the membership of the Au thority; to expand the definition of "projects" to include sewerage projects.

HB 1913. By Representatives Johnson, Harris, and Thomason of the 8th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to increase the salaries of em ployees of such officers.

HB 1914. By Representative Smith of the 78th:
A bill to amend an Act creating a new charter for the City of Jackson so as to eliminate the requirement that the mayor examine and audit all accounts of the city and approve all bills and vouchers; to change the compensation of the mayor and councilmen.

HB 1915. By Representative Ross of the 76th:
A bill to amend an Act providing compensation for the Treasurer of Lincoln County.

HB 1916. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide for a supplemental expense or housing allowance to be paid to the sheriff at the discretion of the board of commissioners.
HB 1917. By Representatives Ross of the 76th, Evans of the 84th, Owens of the 77th and Carr of the 105th:
A bill to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the District Attorney of the Toombs Judicial Circuit so as to create the office of Assistant District Attorney of the Toombs Judicial Circuit.
HB 1922. By Representative McDonald of the 12th:
A bill to amend an Act creating a new charter for the Town of Maysville

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JOURNAL OF THE SENATE,

so as to authorize the mayor and council to make certain contracts with out having to obtain voter approval.

HB 1925. By Representatives Mostiler and Carlisle of the 71st:
A bill to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000.

HB 1926. By Representative Dover of the llth:
A bill to provide for the appointment of the County School Superinten dent of Habersham County by the Board of Education of Habersham County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing; to provide for a referendum.

HB 1929. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Small Claims Court in Troup County so as to change the jurisdiction of the judge of said court.

HB 1930. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County) so as to change the qualifications of the judge of said court.

HB 1932. By Representatives Blackshear of the 123rd, Triplett of the 128th, Battle of the 124th and others:
A bill to amend an Act entitled "An Act to create and organize com missioners of Chatham County, who shall be ex officio judges, to de fine their jurisdiction and duties, and for other purposes", so as to change the provisions relative to the compensation of the commissioners of Chatham County and ex officio judges.

HB 1933. By Representative Vaughn of the 57th:
A bill to amend an Act creating and establishing a new charter for the City of Lithonia so as to change the amount of fines which may be imposed by the recorder's court.

HB 1341. By Representatives Culpepper of the 98th, Long of the 142nd, Foster of the 6th and Matthews of the 145th: A bill to provide that the owner of a soybean, apple or peach crop, or his immediate family, or one of his employees shall have the right to destroy deer under certain conditions.
HB 1302. By Representative Lane of the 31st: A bill to amend an Act establishing the Teachers' Retirement System

MONDAY, FEBRUARY 23, 1976

1301

so as to change the provisions relative to creditable service for leaves of absence.

HB 1412. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to provide that the tangible, intangible, real, personal or mixed property investments or assets of the Retirement System are public property and exempt from taxation and from levy and sale, garnishment, attachment or any other process whatsoever.

HB 1584. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965, so as to provide for the election of a secretary and a treasurer of the Board of Directors of the Authority from the membership of the Board.

HB 1583. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, so as to prohibit certain acts in public transit buses, rapid rail cars and stations; to provide for punishments.

HB 1670. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change the provisions relating to subrogation; to provide that insurers and self-insurers shall be subrogated only in certain events and only to certain extents.

HB 1771. By Representative Pinkston of the 100th:
A bill to amend an Act relating to authorized investments by executors and trustees.

HB 1821. By Representatives Coleman of the 118th, Whitmire of the 9th, Miles of the 86th and others:
A bill to create the Georgia Fire Academy; to provide for the purposes of the Academy; to create the Georgia Fire Academy Board; to provide that the Academy shall be attached to the Department of Public Safety for administrative purposes only; to amend the Georgia Firefighter Standards and Training Act, to replace the Georgia Fire Institute with the Georgia Fire Academy.

HB 326. By Representative Buck of the 95th: A bill to amend an Act establishing the Employees' Retirement System

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JOURNAL OF THE SENATE,

of Georgia so as to change the provisions relating to the duties of the Actuary.

HB 1271. By Representatives Tolbert, Davis and Floyd of the 56th and others:
A bill to amend an Act providing that it shall be unlawful for any per son to loiter and remain upon the premises of any public or private school when such person has no legitimate need to be present thereon.

HB 1362. By Representative Clark of the 55th:
A bill to authorize the deduction of insurance premiums from the salary, wages, or compensation of public employees; to authorize the payment of such insurance premiums by the appropriate fiscal officer.

HB 1494. By Representatives Marcus of the 26th, Hudson of the 137th and McKinney of the 35th:
A bill to amend Code Title 79A, as amended, relating to pharmacists, pharmacies and drugs, so as to provide that all regulatory fees shall be set by the Georgia State Board of Pharmacy by regulation; to provide an effective date.

HB 1554. By Representatives Colwell of the 4th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved Feb. 20, 1956, as amended, so as to add to section 24 a new subsection to provide that said Section shall apply only to those entering the State penal system prior to July 1, 1976.

HB 1599. By Representatives Pinkston of the 100th and Evans of the 99th:
A bill to amend Code Chapter 61-3, relating to proceedings against tenants holding over and dispossessory warrants, as amended, so as to provide that the judge or clerk of the superior court or the judge or clerk of the State court, civil court, or small claims court or any justice of the peace may receive an oath to the facts to issue a dispossessory warrant.

HB 1601. By Representatives Lambert of the 112th and Carlisle and Mostiler of the 71st:
A bill to provide for the orderly transition of the law enforcement power of the several counties of this State upon the expiration of the term of office of the Sheriff and the taking of office of a newly elected Sheriff; to provide for a comprehensive training course for the Sheriffs of the several counties of this State who are newly elected.

MONDAY, FEBRUARY 23, 1976

1303

HB 1685. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to amend Code Section 56-204, relating to annual reports of the insurance commissioner, so as to provide that such reports shall be compiled and made available for public inspection; to eliminate the requirement that such report be delivered to certain persons; to provide for copies for such report.

HB 1716. By Representatives Richardson of the 52nd, Cox of the 141st, Russell of the 53rd and Davis of the 56th:
A bill to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to provide for annual reports.

HB 1717. By Representatives Richardson of the 52nd, Cox of the 141st, Russell of the 53rd and Davis of the 56th:
A bill to amend an Act providing for the creation and establishment of a Department of Labor so as to provide for an annual report and recommendation as to legislation needed by the Commissioner of Labor.

HB 1753. By Representatives Matthews of the 63rd, Carrell of the 75th, Logan of the 62nd and Milford of the 13th:
A bill to amend Code Section 88-1802, relating to definitions, as amended, so as to clarify the meaning of the term "project".

HB 1927. By Representative Knight of the 67th:
A bill to amend an Act providing that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services, approved April 25, 1975, so as to clarify the language relating to the avoidance or the attempt to avoid payment for telecommunication services.
HB 1987. By Representative Howell of the 140th:
A bill to amend Code Chapter 34-6, relating to the registration of elec tors, so as to provide that whenever a special primary or election is held on the same day as the Georgia Presidential Preference Primary, voter registration deadlines for the special primary or election shall be the same as that for the Presidential Preference Primary.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 304. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the penalty provisions relating to such offense; to provide for cases in which serious bodily injury is inflicted on a per son; to repeal conflicting laws.

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JOURNAL OF THE SENATE,

SB 452. By Senators Lester of the 23rd, Tate of the 38th and Summers of the 53rd:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as amended, so as to change the provi sions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; to repeal conflicting laws.

SB 568. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to change the provisions relating to costs; to include suits, actions and cases filed in certain courts within the provisions of said Act; to repeal conflicting laws.

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

HR 496. By Representatives Matthews of the 145th and Patten of the 146th: A resolution compensating Mr. Floyd M. Hilley.

HR 518. By Representative Logan of the 62nd: A resolution compensating Dr. Richard E. Wooley.

HR 593. By Representative Toles of the 16th: A resolution compensating Mr. Hugh M. Toles.

HR 525. By Representative Kilgore of the 65th: A resolution compensating Mr. and Mrs. S. M. Lynch.

HR 609. By Representative Reaves of the 147th: A resolution compensating Brooks County.

HR 621. By Representative Culpepper of the 98th: A resolution compensating Mr. Tim Byrd.

HR 662. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A resolution authorizing the conveyance of certain State-owned real property located within Oconee County to the Oconee County Board of Commissioners; authorizing the sale and transfer of certain Stateowned surplus personal property to the Oconee County Board of Com missioners.

MONDAY, FEBRUARY 23, 1976

1305

HR 664. By Representative Miles of the 86th: A resolution compensating Mr. Thomas Dale Meador.

HR 666. By Representative Cox of the 141st:
A resolution authorizing the conveyance of certain State-owned real property located within Decatur County to the City of Bainbridge; authorizing the sale and transfer of certain State-owned surplus per sonal property to the City of Bainbridge.

HR 705. By Representative Adams of the 79th: A resolution compensating Mr. Grover McSwain.

HR 706. By Representatives Carlisle and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Spalding County, Ga., to license and regulate businesses and levy a license fee on busi nesses in the unincorporated areas of Spalding County and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of said County.

HR 743. By Representative Wood of the 9th: A resolution compensating Mr. Daniel Wall.

HR 746. By Representatives Lane of the 81st and Nessmith of the 82nd:
A resolution authorizing the Governor to lease certain State-owned property located in Bulloch County.

HR 749. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A resolution proposing an amendment to the Constitution so as to re quire the governing authority of DeKalb County to adopt a budget; to limit the amount of such budget.

The House has agreed to the Senate substitute to the following bill of the House:
HB 1249. By Representative Wall of the 61st: A bill to provide that every person who withdraws blood from an in dividual or separates blood into components by physical processes shall affix to each container of such blood or components a label indicating whether the blood was obtained by purchase or donation.
The House has passed by the requisite constitutional majority the following bill of the Senate:

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JOURNAL OF THE SENATE,

SB 597. By Senator Lewis of the 21st:
A bill to amend an Act creating a new charter for the City of Millen, Georgia, as amended, so as to change the election date in said city; to change the jurisdiction of the mayor's court.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 674. By Senator Doss of the 52nd:
A bill to amend Code Section 23-203, relating to residents of militia districts, so as no longer to require residents constituting a militia district to be males. Referred to Committee on Judiciary.

SB 675. By Senator Doss of the 52nd:
A bill to amend Code Section 23-1401, relating to appointment, number and age of county police, so as no longer to require members of the county police force to be men. Referred to Committee on Judiciary.
SB 676. By Senator Doss of the 52nd:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to provide that any person, without regard to sex, may be guilty of committing the offenses of pandering, pandering by compulsion, and satutory rape of any other person, without regard to sex. Referred to Committee on Judiciary.
SB 677. By Senator Doss of the 52nd:
A bill to amend Code Section 26-2610, relating to abusive or obscene language, as amended, so as to provide that a person may be guilty of certain prohibited communicating to, harassing of, or conduct in the presence of, any other person without regard to sex of said other person. Referred to Committee on Judiciary.
SB 678. By Senator Doss of the 52nd:
A bill to amend an Act to license and regulate the operation of road houses, cabin camps, tourist camps, and public dance halls, so as to provide that any person may be guilty of committing the offense of persuading, inducing or enticing any other person, without regard to sex, to enter certain establishments for immoral purposes. Referred to Committee on Judiciary.
SB 679. By Senator Doss of the 52nd:
A bill to amend Code Chapter 66-1, relating to employment and wages in master and servant relationships, as amended, so as to provide that

MONDAY, FEBRUARY 23, 1976

1307

certain wages shall be paid over to any spouse, without regard to sex, and that such payment shall operate as a release from certain claims of such spouse.
Referred to Committee on Judiciary.

SB 680. By Senator Doss of the 52nd:
A bill to amend Code Section 79-207, relating to citizenship rights of females, as amended, so as no longer to exempt females from the liability to discharge military, police, patrol or road duty. Referred to Committee on Judiciary.

SB 681. By Senator Doss of the 52nd:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System in General, as amended, by striking in its entirety Code Section 32-123, relating to females admitted to branch col leges. Referred to Committee on Judiciary.

SB 682. By Senator Thompson of the 32nd:
A bill to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, as amended. Referred to Committee on County and Urban Affairs.

SB 683. By Senator McDuffie of the 19th:
A bill to provide for the election of the members of the Board of Educa tion of Dodge County; to provide for other matters relative to the foregoing; to provide for a referendum. Referred to Committee on County and Urban Affairs.

SB 684. By Senator McDuffie of the 19th:
A bill to amend Code Chapter 113-1, relating to wills, their nature and general essentials, so as to provide for the time when wills take effect and that statutes passed subsequent to the date of execution of a will shall not be considered in the construction or legality of a will unless otherwise specified. Referred to Committee on Judiciary.

SB 685. By Senator Traylor of the 3rd:
A bill to provide for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550, accord ing to the United States Decennial Census of 1970, or any future such census; to define its powers and duties concerning primaries and elec tions. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

SB 686. By Senator Sutton of the 9th:
A bill to provide that the minimum value of any college or university degree shall be $10,000. Referred to Committee on Higher Education.

SB 687. By Senator Foster of the 50th:
A bill to amend an Act placing the Sheriff of Dawson County upon an annual salary, as amended, so as to change the provisions relative to the personnel and expenses of the Sheriff's office; to provide for a budget for said officer. Referred to Committee on County and Urban Affairs.

SB 688. By Senator Traylor of the 3rd:
A bill to amend an Act creating a Board of Commissioners of Glynn County, Georgia, as amended, so as to change the composition and method of election of members of the board of commissioners; to provide for the election and terms of members of the board of commissioners. Referred to Committee on County and Urban Affairs.

SB 689. By Senator Reynolds of the 48th:
A bill to amend an Act establishing the State Court of Gwinnett County, as amended, so as to provide for the use of jurors from a jury pool selected either by the judges of the Superior Court of the Gwinnett Judicial Circuit or the judges of the State Court of Gwinnett County. Referred to Committee on County and Urban Affairs.
SR 374. By Senator Hill of the 29th:
A resolution authorizing the conveyance of certain State-owned real property located in Harris County, Georgia, to the Ida Cason Callaway Foundation and the acceptance of certain property owned by the Ida Cason Callaway Foundation, located in Harris County, Georgia, in con sideration therefor. Referred to Committee on Public Utilities.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1277. By Representatives Matthews of the 63rd, Logan of the 62nd, Evans of the 99th and others:
A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the penalty for the offense of armed robbery. Referred to Committee on Offender Rehabilitation.
HB 1282. By Representative Greer of the 43rd:
A bill to amend an Act providing for the administration of estates of persons who are missing and for the probate of wills of such persons

MONDAY, FEBRUARY 23, 1976

1309

so as to provide a procedure for the administration of estates and the probate of wills of persons who are missing under circumstances which would lead to the conclusion that said persons are dead.
Referred to Committee on Judiciary.

HB 1732. By Representatives Long of the 142nd and Keyton of the 143rd:
A bill to provide a new Charter for the City of Meigs, Georgia, in the County of Thomas. Referred to Committee on County and Urban Affairs.

HB 1882. By Representatives Gignilliat of the 122nd, Battle of the 124th, Triplett of the 128th and others:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries in any county of this State having a population of not less than 180,000 nor more than 190,000 ac cording to the United States Decennial Census of 1970 or any future such census.
Referred to Committee on County and Urban Affairs.

HB 1883. By Representative Dover of the llth:
A bill to amend an Act entitled "An Act to provide for a secretary for the Solicitor of the State Court of Habersham County. .", so as to change the maximum compensation of the secretary of the Solicitor of the State Court of Habersham County. Referred to Committee on County and Urban Affairs.

HB 1884. By Representatives Cooper, Howard and Wilson of the 19th, Kreeger and Burruss of the 21st, Edwards and Nix of the 20th:
A bill to amend an Act providing a new charter for the City of Powder Springs, so as to provide a method for the repeal of the charter of the City of Powder Springs; to provide for a petition and a referendum in connection therewith.
Referred to Committee on County and Urban Affairs.

HB 1890. By Representative Ross of the 76th:
A bill to authorize and direct the election superintendent of Warren County to hold an election on the question of establishing a multimember Board of Commissioners in Warren County. Referred to Committee on County and Urban Affairs.

HB 1891. By Representative Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Buchanan so as to provide for certain additional powers which may be exercised by the governing authority of the City of Buchanan. Referred to Committee on County and Urban Affairs.

1310

JOURNAL OP THE SENATE,

HB 1893. By Representative Stone of the 138th:
A bill to amend an Act providing for a new charter for the City of Baxley so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 1900. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to create the Chatham County Water and Sewer Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the dis tribution and sale of water and related facilities to individuals and private concerns.
Referred to Committee on County and Urban Affairs.

HB 1904. By Representative Crawford of the 5th:
A bill to reincorporate the Town of Lyerly in the County of Chattooga: to create a new charter for said town; to provide for the name, powers and corporate limits of said town. Referred to Committee on Countv and Urban Affairs.

HB 1905. By Representative Stone of the 138th:
A bill to amend an Act amending, consolidating and renewing the charter of the City of Patterson so as to change the terms of office of certain aldermen and the manner of electing the mayor and certain aldermen for certain elections. Referred to Committee on County and Urban Affairs.

HB 1908. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to create and establish a Small Claims Court for Jefferson County to be known as the Small Claims Court of Jefferson County. Referred to Committee on County and Urban Affairs.

HB 1909. By Representative Culpepper of the 98th:
A bill to provide a new Charter for the City of Roberta, Ga., in the County of Crawford. Referred to Committee on County and Urban Affairs.

HB 1910. By Representative Castleberry of the lllth:
A bill to amend an Act increasing the compensation of the Tax Com missioner of Stewart County so as to change the compensation of the tax commissioners. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 23, 1976

1311

HB 1911. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Stewart County so as to change the compensation of the commissioner. Referred to Committee on County and Urban Affairs.

HB 1912. By Representatives Johnson, Harris and Thomason of the 8th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act"; so as to change the membership of the Authority; to expand the definition of "projects" to include sewerage projects. Referred to Committee on County and Urban Affairs.

HB 1913. By Representatives Johnson, Harris and Thomason of the 8th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to increase the salaries of em ployees of such officers. Referred to Committee on County and Urban Affairs.

HB 1914. By Representative Smith of the 78th:
A bill to amend an Act creating a new charter for the City of Jackson so as to eliminate the requirement that the mayor examine and audit all accounts of the city and approve all bills and vouchers; to change the compensation of the mayor and councilmen. Referred to Committee on County and Urban Affairs.

HB 1915. By Representative Ross of the 76th:
A bill to amend an Act providing compensation for the Treasurer of Lincoln County. Referred to Committee on County and Urban Affairs.

HB 1916. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide for a supplemental expense or housing allowance to be paid to the sheriff at the discretion of the board of commissioners. Referred to Committee on County and Urban Affairs.
HB 1917. By Representatives Ross of the 76th, Evans of the 84th, Owens of the 77th and others:
A bill to amend an Act abolishing the fee system of compensation and providing in lieu thereof an annual salary for the District Attorney of the Toombs Judicial Circuit so as to create the office of Assistant District Attorney of the Toombs Judicial Circuit. Referred to Committee on County and Urban Affairs.

1312

JOURNAL OF THE SENATE,

HB 1922. By Representative McDonald of the 12th:
A bill to amend an Act creating a new charter for the Town of Maysville so as to authorize the mayor and council to make certain contracts without having to obtain voter approval. Referred to Committee on County and Urban Affairs.

HB 1925. By Representatives Mostiler and Carlisle of the 71st:
A bill to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a popula tion of not less than 35,000 nor more than 44,000. Referred to Committee on County and Urban Affairs.

HB 1926. By Representative Dover of the llth:
A bill to provide for the appointment of the County School Superin tendent of Habersham County by the Board of Education of Habersham County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing; to provide for a referendum. Referred to Committee on County and Urban Affairs.

HB 1929. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Small Claims Court in Troup County so as to change the jurisdiction of the judge of said court. Referred to Committee on County and Urban Affairs.

HB 1930. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County) so as to change the qualifications of the judge of said court. Referred to Committee on County and Urban Affairs.

HB 1932. By Representatives Blackshear of the 123rd, Triplett of the 128th, Battle of the 124th and others:
A bill to amend an Act entitled "An Act to create and organize com missioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes", so as to change the provisions relative to the compensation of the commissioners of Chatham County and ex officio judges.
Referred to Committee on County and Urban Affairs.

HB 1933. By Representative Vaughn of the 57th:
A bill to amend an Act creating and establishing a new charter for the City of Lithonia so as to change the amount of fines which may be im posed by the recorder's court. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 23, 1976

1313

HB 326. By Mr. Buck of the 95th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to the duties of the Actuary. Referred to Committee on Retirement.

HB 1271. By Representatives Tolbert, Davis and Floyd of the 56th, Williamson of the 45th and others:
A bill to amend an Act providing that it shall be unlawful for any person to loiter and remain upon the premises of any public or private school when such person has no legitimate need to be present thereon. Referred to Committee on Education.
HB 1302. By Representative Lane of the 31st:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to creditable service for leaves of absence. Referred to Committee on Retirement.
HB 1341. By Representatives Culpepper of the 98th, Long of the 142nd, Foster of the 6th and others:
A bill to provide that the owner of a soybean, apple or peach crop, or his immediate family, or one of his employees shall have the right to de stroy deer under certain conditions. Referred to Committee on Agriculture.
HB 1362. By Representative Clark of the 55th:
A bill to authorize the deduction of insurance premiums from the salary, wages, or compensation of public employees; to authorize the payment of such insurance premiums by the appropriate fiscal officer. Referred to Committee on Banking, Finance and Insurance.
HB 1412. By Representative Buck of the 95th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia so as to provide that the tangible, intangible, real, personal or mixed property investments or assets of the Retirement System are public property and exempt from taxation and from levy and sale, garnishment, attachment or any other process whatsoever. Referred to Committee on Retirement.
HB 1494. By Representatives Marcus of the 26th, Hudson of the 137th and McKinney of the 35th:
A bill to amend Code Title 79A, as amended, relating to pharmacists, pharmacies and drugs, so as to provide that all regulatory fees shall be set by the Georgia State Board of Pharmacy by regulation; to provide an effective date. Referred to Committee on Human Resources.

1314

JOURNAL OF THE SENATE,

HB 1554. By Representatives Colwell of the 4th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved Feb. 20, 1956, as amended, so as to add to Section 24 a new subsection to provide that said Section shall apply only to those entering the State penal system prior to July 1,1976.
Referred to Committee on Offender Rehabilitation.

HB 1583. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53'rd and others:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, so as to prohibit certain acts in public transit buses, rapid rail cars and stations; to provide for punishments. Referred to Committee on Transportation.

HB 1584. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965, so as to pro vide for the election of a secretary and a treasurer of the Board of Directors of the Authority from the membership of the Board. Referred to Committee on Transportation.
HB 1599. By Representatives Pinkston of the 100th, and Evans of the 99th:
A bill to amend Code Chapter 61-3, relating to proceedings against tenants holding over and dispossessory warrants, as amended, so as to provide that the judge or clerk of the superior court or the judge or clerk of the State court, civil court, or small claims court or any justice of the peace may receive an oath to the facts to issue a dispossessory warrant. Referred to Committee on Judiciary.
HB 1601. By Representatives Lambert of the 112th, and Carlisle and Mostiler the 71st:
A bill to provide for the orderly transition of the law enforcement power of the several counties of this State upon the expiration of the term of office of the Sheriff and the taking of office of a newly elected Sheriff; to provide for a comprehensive training course for the Sheriffs of the several counties of this State who are newly elected. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 1670. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change the provisions relating to subroga-

MONDAY, FEBRUARY 23, 1976

1315

tion; to provide that insurers and self-insurers shall be subrogated only in certain events and only to certain extents.
Referred to Committee on Banking, Finance and Insurance.

HB 1685. By Representatives Davis, Tolbert and Floyd of the 56th, Smith of the 42nd, Adams of the 36th and others:
A bill to amend Code Section 56-204, relating to annual reports of the insurance commissioner, so as to provide that such reports shall be compiled and made available for public inspection; to eliminate the requirement that such report be delivered to certain persons; to provide for copies for such report.
Referred to Committee on Banking, Finance and Insurance.

HB 1716. By Representatives Richardson of the 52nd, Cox of the 141st, Russell of the 53rd and others:
A bill to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to provide for annual reports. Referred to Committee on Education.
HB 1717. By Representatives Richardson of the 52nd, Cox of the 141st, Russell of the 53rd and others:
A bill to amend an Act providing for the creation and establishment of a Department of Labor so as to provide for an annual report and recom mendation as to legislation needed by the Commissioner of Labor. Referred to Committee on Industry, Labor and Tourism.
HB 1753. By Representatives Matthews of the 63rd, Carrell of the 75th, Logan of the 62nd and others:
A bill to amend Code Section 88-1802, relating to definitions, as amend ed, so as to clarify the meaning of the term "project". Referred to Committee on Human Resources.
HB 1771. By Representative Pinkston of the 100th:
A bill to amend an Act relating to authorized investments by executors and trustees. Referred to Committee on Banking, Finance and Insurance.
HB 1821. By Representatives Coleman of the 118th, Whitmire of the 9th, Miles of the 86th and others:
A bill to create the Georgia Fire Academy; to provide for the purposes of the Academy; to create the Georgia Fire Academy Board; to provide that the Academy shall be attached to the Department of Public Safety for administrative purposes only; to amend the Georgia Firefighter Standards and Training Act, to replace the Georgia Fire Institute with the Georgia Fire Academy. Referred to Committee on Economy, Reorganization and Efficiency in Government.

1316

JOURNAL OF THE SENATE,

HB 1927. By Representative Knight of the 67th:
A bill to amend an Act providing that it shall be unlawful for any per son to avoid or attempt to avoid the payment for telecommunication services, approved April 25, 1975, so as to clarify the language relating to the avoidance or the attempt to avoid payment for telecommunication services.
Referred to Committee on Judiciary.

HB 1987. By Representative Howell of the 140th:
A bill to amend Code Chapter 34-6, relating to the registration of elec tors, so as to provide that whenever a special primary or election is held on the same day as the Georgia Presidential Preference Primary, voter registration deadlines for the special primary or election shall be the same as that for the Presidential Preference Primary.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HR 662. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A resolution authorizing the conveyance of certain State-owned real property located within Oconee County to the Oconee County Board of Commissioners; authorizing the sale and transfer of certain State-owned surplus personal property to the Oconee County Board of Commissioners. Referred to Committee on Public Utilities.

HR 666. By Representative Cox of the 141st:
A resolution authorizing the conveyance of certain State-owned real property located within Decatur County to the City of Bainbridge; au thorizing the sale and transfer of certain State-owned surplus personal property to the City of Bainbridge. Referred to Committee on Public Utilities.

HR 706. By Representatives Carlisle and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to au thorize and empower the Board of Commissioners of Spalding County, Ga., to license and regulate businesses and levy a license fee on busi nesses in the unincorporated areas of Spalding County and to otherwise regulate and exercise police powers over businesses operated within the unincorporated areas of said County.
Referred to Committee on County and Urban Affairs.

HR 746. By Representatives Lane of the 81st and Nessmith of the 82nd: A resolution authorizing the Governor to lease certain State-owned property located in Bulloch County.
Referred to Committee on Public Utilities.

MONDAY, FEBRUARY 23, 1976

1317

HE 749. By Representatives Davis, Tolbert, and Floyd of the 56th, Jordan of the 58th and others:
A resolution proposing an amendment to the Constitution so as to require the governing authority of DeKalb County to adopt a budget; to limit the amount of such budget; to provide for a working reserve. Referred to Committee on County and Urban Affairs.

HR 496. By Representatives Matthews of the 145th and Patten of the 146th:
A resolution compensating Mr. Floyd M. Hilley. Referred to Committee on Appropriations.

HR 518. By Representative Logan of the 62nd:
A resolution compensating Dr. Richard E. Wooley. Referred to Committee on Appropriations.

HR 525. By Representative Kilgore of the 65th:
A resolution compensating Mr. and Mrs. S. M. Lynch. Referred to Committee on Appropriations.

HR 593. By Representative Toles of the 16th:
A resolution compensating Mr. Hugh M. Toles. Referred to Committee on Appropriations.

HR 609. By Representative Reaves of the 147th:
A resolution compensating Brooks County. Referred to Committee on Appropriations.

HR 621. By Representative Culpepper of the 98th:
A resolution compensating Mr. Tim Byrd. Referred to Committee on Appropriations.

HR 664. By Representative Miles of the 86th:
A resolution compensating Mr. Thomas Dale Meador. Referred to Committee on Appropriations.

HR 705. By Representative Adams of the 79th:
A resolution compensating Mr. Grover McSwain. Referred to Committee on Appropriations.

1318

JOURNAL OF THE SENATE,

HR 743. By Representative Wood of the 9th:
A resolution compensating Mr. Daniel Wall. Referred to Committee on Appropriations.

The following reports of standing committees were read by the Secretary:

Senator Hudgins of the 15th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs has had under considera tion the following bill and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions:
SB 438. Do pass.
SR 251. Do pass.
Respectfully submitted, Senator Hudgins of 15th District, Chairman

Senator Doss of the 52nd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. President:
Your Committee on Higher Education has had under consideration the follow ing resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 555. Do pass. Respectfully submitted, Senator Doss of 52nd District, Chairman

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor & Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1791. Do pass. Respectfully submitted, Senator Ballard of 45th District, Chairman

MONDAY, FEBRUARY 23, 1976

1319

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. President:

Your Committee on Retirement has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 272. Do pass.
HB 1378. Do pass by substitute.
Respectfully submitted, Senator Lester of 23rd District, Chairman

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 453. Do pass. SB 629. Do pass. HB 972. Do pass as amended. HR 517. Do pass. SR 341. Do pass by substitute. SB 609. Do pass by substitute.
Respectfully submitted, Senator Eldridge of 7th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SR 333. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A resolution urging Congress to amend Public Law 92-603, known as Title XVI of the Social Security Act--Supplemental Security Income for the Aged, Blind and Disabled, in order to strengthen and clarify eligi bility requirements under the Act.
SR 357. By Senator Doss of the 52nd:
A resolution designating the medical-surgical building at the Northwest Georgia Regional Hospital as the "Robert Battey Surgical Building".

1320

JOURNAL OF THE SENATE,

HE 597. By Representative Bray of the 70th:
A resolution authorizing the conveyance of certain State-owned real property located in Meriwether County, Georgia, to IMLAC Com munity Club, Inc.

HE 665. By Representatives Peters of the 2nd and Leonard of the 3rd:
A resolution authorizing the conveyance of certain real property located in Catoosa County, Georgia.

HB 308. By Representatives Snow of the 1st, Buck of the 95th, Lambert of the 112th and others:
A bill to create the Superior Court Judges Retirement System.

HB 1214. By Representatives Hutchinson of the 133rd and Irwin of the 130th:
A bill to amend Code Chapter 67-99, relating to the wrongful sale or removal of mortgaged property, so as to increase the punishment for the wrongful sale or removal of motor vehicles.

HB 1344. By Representatives Davis and Tolbert of the 56th, Richardson of the 52nd and others:
A bill to amend Code Section 9-401, relating to the definition of the practice of law, as amended, so as to authorize corporations, voluntary associations, and individuals which are parties to a dispossessory warrant or distress warrant proceeding to prepare and file the necessary docu ments and to prosecute such proceedings without an attorney.
SB 521. By Senators Hudson of the 35th and Hamilton of the 34th:
A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, as amended, so as to provide a minimum pension payment for certain former officers and employees.
SB 645. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County, as amended, so as to provide designations for the offices constituting the board of commissioners.
SB 646. By Senators Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating a new Charter for the City of Kennesaw, Georgia, as amended, so as to change the corporate limits of said city.
SB 648. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of County Commissioners for Baldwin County, as amended, so as to change the provisions relating to

MONDAY, FEBRUARY 23, 1976

1321

the chairman; to provide procedures for the removal of a chairman; to change the provisions relating to compensation.

SB 656. 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 change the corporate limits of said city.

SB 659. By Senator Doss of the 52nd:
A bill to amend an Act creating a new charter for the City of Rome, as amended, so as to change the provisions relative to temporary loans made by the city.

SB 660. By Senator McGill of the 24th:
A bill to amend an Act creating a small claims court in and for Wilkes County, as amended, so as to change the jurisdiction of said court; to change the fees and costs in said court; to provide an effective date.

SR 361. By Senator Button of the 9th:
A resolution proposing an amendment to the Constitution, so as to change the maximum interest rate on revenue bonds issued by the MoultrieColquitt County Development Authority; to authorize said Authority to borrow money from financial institutions; to provide for the submission of this amendment for ratification or rejection.

HB 1131. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the sheriff of Towns County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff; to provide for the employment of personnel.

HB 1454. By Representative Karrh of the 106th:
A bill to create and establish a Small Claims Court in and for Jenkins County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.

HB 1710. By Representatives Childs of the 51st, Jordan of the 58th, Davis of the 56th and others:
A bill to amend an Act creating the State Court of DeKalb County formerly known as the Civil and Criminal Court of DeKalb County, approved Feb. 14, 1951 (Ga. Laws 1951, p. 2401), as amended, so as to add a judge to said court; to provide for the election and term of office of said additional judge.

1322

JOURNAL OF THE SENATE,

HR 622. By Representatives Harden of the 154th and Leggett of the 153rd:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Glynn County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Glynn County in transit through Glynn County from outside the State to a final destination outside the State.

HB 1745. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County so as to change the compensation of the chief deputy of the tax commissioner.

HB 1746. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend an Act entitled "An Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Sheriff of Floyd County; to provide duties and com pensation of said chief deputies; to provide an effective date."

HB 1758. By Representative Culpepper of the 98th:
A bill to create the Fort Valley Redevelopment Authority; to define certain terms; to provide for the composition of the Authority, its powers, duties and compensation of members; to provide for the pur poses of the Authority; to provide for revenue bonds.

HB 1761. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend an Act creating a new charter for the City of Duluth so as to change the provisions relative to dates of elections.

HB 1766. By Representative Rush of the 121st:
A bill to amend an Act creating the Board of Commissioners of Toombs County so as to provide that members of the board of county commis sioners must reside in their respective commissioner districts but shall be voted upon by the voters of the county.
HB 1767. By Representatives Rush of the 121st and Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Toombs County so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners.
HB 1777. By Representatives Thompson, Harris and Johnson of the 8th:
A bill to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu

MONDAY, FEBRUARY 23, 1976

1323

thereof an annual salary, so as to authorize the appointment of an addi tional deputy sheriff under certain conditions and to provide for his compensation.

HB 1778. By Representatives Foster and Wheeler of the 152nd and Stone of the 138th:
A bill to amend an Act amending, consolidating, creating, revising and superseding the several Acts incorporating the City of Blackshear in the County of Pierce and State of Georgia, so as to change the juris diction of the recorder's court in said city.

HB 1785. By Representative Cox of the 141st:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of said officer shall become the property of the county.

HB 1793. By Representative Sigman of the 74th:
A bill to provide for the filling of vacancies which shall occur in the offices of mayor and councilman of the City of Porterdale; to provide that the mayor pro tempore shall act as the mayor in the absence, dis ability or inability of the mayor to serve.

HB 1804. By Representatives Lambert of the 112th, and Milford, Mann and Clark of the 13th:
A bill to create and establish the Greene County Airport Authority and to authorize such authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of air craft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertakings.

HB 1806. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to amend an Act placing the Sheriff of Oconee County on a salary basis of compensation so as to change the provisions relating to automobiles.

HB 1807. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Oconee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees; costs or other emolu ments of said officer shall become the property of the county.

1324

JOURNAL OF THE SENATE,

HB 1808. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to amend an Act creating the Board of Commissioners of Oconee County so as to change the compensation of the Chairman of the Board of Commissioners of Oconee County.

HB 1809. By Representatives Clark, Milford and Mann of the 13th, and Russell of the 64th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Oconee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county.

HB 1811. By Representatives Knight of the 67th and Ware of the 68th:
A bill to abolish the office of Treasurer of Coweta County; to provide that the Board of Commissioners of Coweta County shall appoint de positories for county funds.

HB 1817. By Representatives Clark, Milford, and Mann of the 13th and Russell of the 64th:
A bill to amend an Act creating the office of Tax Commissioner of Oconee County so as to change the provisions relating to the compensa tion of the tax commissioner.

HB 1818. By Representative Irvin of the 10th:
A bill to amend an Act incorporating the City of Toccoa so as to clarify a provision relative to the date of an election.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langf ord Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

MONDAY, FEBRUARY 23, 1976

1325

Those not answering were Senators:

Bond

Duncan

Senator Dean of the 31st introduced the chaplain of the day, Rev. N. Wesley Forrister, pastor of the Church of God, Rockmart, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 375. By Senator Riley of the 1st:
A resolution commending the Governor's Bicentennial Youth Congress and its President, Christie L. Williams.

Lieutenant Governor Zell Miller, President of the Senate, introduced Christie Williams who addressed the Senate.

SENATE CALENDAR Monday, February 23, 1976
HB 797. Act Authorizing Special Purpose Grand Juries--additional counties SB 635. County with State-Owned Land--granting of funds (AM) SB 488. Unemployment Compensation--disqualification for benefits (AM) SB 593. City Corporate Limit Ext.--circumstances to become effective (SUB) SB 604. Basic Powers of Cities--contracts relating to public works (SUB) SB 607. Real Estate Brokers--qualifications SB 608. Petition for Relief from Debts--cities, counties, other, not auth. SB 632. Special Adult Offender Act -- change effective date SB 643. Tender of Bail--not waiver right of accused to commit hearing SR 325. Parrish's Pond, Emanuel Co.--George L. Smith, II State Park SR 348. Board of Education--urge courses on benefits of free enterprise sys. SR 350. School Districts and Systems--State aid HB 179. Employees' Ret.--certain members eligible for group term life (SUB) HB 593. Homicide by Vehicle in First Degree--redefine HB 738. Damage to Beehives Caused by Bears--State liable HB 1148. Minutes of Court Where Death Sent. Imposed-time for transcript prep. HB 1250. Possession of Firearm in Felony--sentence consecutive to other sent. HB 1270. Free School Lunch--false information unlawful

1326

JOURNAL OP THE SENATE,

HB 1301. Bank, Loan Assoc., other--powers of Trust Companies HB 1310. Street Annexation--no signature of owners (SUB) HB 1326. Wills--procedures for testimony of witnesses HB 1329. Soil Amendments--distribution and sale HB 1330. Agricultural Limestone Sale--regulation HB 1336. "Dev. Auth. Law"--"project" include community antenna TV system HB 1337. Motor Vehicle--operating without proper insurance HB 1367. Unemployment Compensation Law--benefit table (SUB) HB 1376. Property Taxation--qualification of chief appraiser HB 1377. Boards of Equalization--filing notice of appeal HB 1422. Grain Dealers--licensing and bonding HB 1433. Recording Deeds, Mortgages, Bonds--amend certain Code Section HB 1486. Assistant District Attorney--compensation (AM) HB 1491. Conservation Ranger Act--provide HB 1493. Pub. Safety Dept. Uniform Div.--eligibility requirements HB 1536. Natural Resources Board--additional powers and duties HB 1622. Hit and Run--suspension of driver's license (SUB) HB 1651. Jekyll Island--State Park Authority--redefine "project" HB 1656. Rock Eagle 4-H Center--exempt from sales tax HB 1727. Motor Vehicle Licensing--Rev. Dept. Agents enforce laws HR 462. New State Constitution--provide (AM)

The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:
HB 797. By Representative Evans of the 99th:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide for special purpose grand juries in certain additional counties.

Senators Pearce of the 16th and Hudgins of the 15th offered the following amendment:
Amend HB 797 by adding after the period on line 24, Page 1, the following:
"The provisions of this Act shall not apply to consolidated city-- county governments."

MONDAY, FEBRUARY 23, 1976

1327

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Hudgins Hudson Langford Lester McDowell Overby Pearce Reynolds Riley

Those voting in the negative were Senators:

Bond Doss Holley Kennedy

Kidd Lewis McDuffie McGill

Those not voting were Senators :

Pincher Gillis

Holloway Howard

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Warren Young
Tate Traylor
Tysinger

On the passage of the bill, the yeas were 41, nays 10.

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

SB 488. By Senators Warren of the 43rd, Coverdell of the 40th, Garrard of the 37th and others: A bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), as amended, so as to change the provisions relative to disqualification for benefits.
Senator Riley of the 1st moved that SB 488 be tabled.

1328

JOURNAL OF THE SENATE,

On the motion to table, Senator Warren of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Bond Brown of 47th Carter Dean of 6th Eldridge Fincher Gillis

Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Lewis McDowell McDuffie Pearce

Riley Robinson Starr Stephens Summers Tate Timmons Traylor Young

Those voting in the negative were Senators:

Ballard Barker Brantley Broun of 46th Coverdell Dean of 31st Doss Duncan Foster

Garrard Hamilton of 26th Holley Kidd Langford Lester McGill Overby Reynolds

Russell Shapard Stumbaugh Sutton Thompson Turner Tysinger Warren

Not voting was Senator Howard.

On the motion to table, the yeas were 29, nays 26; the motion prevailed, and SB 488 was tabled.

SB 593. By Senators Hamilton of the 34th, Stephens of the 36th, Hudson of the 35th and others:
A bill to provide the circumstances and procedures under which certain provisions of Acts providing for the extension of corporate limits of municipalities shall become effective; to provide the procedures con nected therewith.
Senator Hamilton of the 34th offered the following substitute to SB 593:
A BILL
To be entitled an Act to provide the circumstances and procedures under which certain provisions of Acts providing for the extension of corporate limits of municipalities shall become effective; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, FEBRUARY 23, 1976

1329

Section 1. No provisions of any Act of the General Assembly extending the corporate limits of any municipality shall become effec tive until the 180th day subsequent to approval of the Act by the Governor, or the 180th day subsequent to that date upon which the Act became law without the Governor's approval. If, within 90 days prior to any such annexation provisions becoming effective, 30% of the number of electors who were eligible to participate in the last general election of the municipality, or 30% of the number of electors who were eligible to participate in the last general election in which member of the General Assembly were elected and who reside within the territory proposed to be incorporated within the corporate limits, shall file with the chief executive officer of the particular municipality concerned a petition calling for an election upon the question of whether such annexation provisions shall become effective, such question shall be submitted to the electors of the municipality and the territory proposed to be annexed at the next general election of the municipality. If, in said election, a majority of those electors of the municipality voting therein shall approve of such annexation and a majority of those electors residing within the territory proposed to be annexed voting therein shall approve of such annexation, the annexation pro visions of any such Act shall become effective on the first day of January following said election, otherwise such provisions shall be null and void.

Section 2. No provision of any Act of the General Assembly ex tending the corporate limits of any municipality into a county other than the county of the legal situs of the municipality shall become effective unless such annexation provisions shall be approved by a majority of the electors residing within that area of the county into which the corporate limits are proposed to be extended who vote in a referendum election thereon. The General Assembly shall provide in the Act for the holding of such an election.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Brantley of the 56th offered the following amendment:

Amend the substitute offered by Senator Hamilton of the 34th to SB 593 by adding on line 8 after the word "municipality" the following words: "having populations of 300,000 or more acccording to the U.S. Decennial Census of 1970".

Senator Garrard of the 37th moved that SB 593 be committed to the Com mittee on County and Urban Affairs.

Senator Hamilton of the 34th moved the previous question.

Senator Garrard of the 37th moved to table SB 593.

On the motion to table, Senator Garrard called for the yeas and nays; the call was not sustained.

1330

JOURNAL OF THE SENATE,

On the motion, the yeas were 11, nays 28, and the motion to table SB 593 was lost.

The previous question was ordered.

On the adoption of the amendment offered by Senator Brantley of the 56th to the substitute offered by Senator Hamilton of the 34th, Senator Holloway of the 12th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Banks Barker Brantley Broun of 46th
Brown of 47th
Carter Dean of 6th
Dean of 31st
Doss Duncan
Eldridge

Fincher Foster Gillis Holley Holloway Kennedy
Langford
Lester Lewis
McDowell
McDuffie McGill

O/verby Reynolds Riley Robinson Russell Starr
Stumbaugh Summers Timmons
Traylor
Turner Young

Those voting in the negative were Senators:

Barnes Bell Bond Coverdell Garrard Hamilton of 26th Hamilton of 34th

Hill Hudgins Hudson Kidd Pearce Shapard Stephens

Sutton Tate Thompson Tysinger Warren

Not voting was Senator Howard.

On the adoption of the amendment, the yeas were 36, nays 19, and the amendment to the substitute was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend the substitute offered by Senator Hamilton of the 34th to SB 593 by changing the period to a semicolon on Page 2, line 15, and by adding the following:
"However, nothing contained in this Act shall be construed to require more than one referendum on any question of annexation, unification, or merger."

MONDAY, FEBRUARY 23, 1976

1331

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment offered by Senator Robinson of the 27th to the substitute offered by Senator Hamilton of the 34th was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Fincher Foster Gillis

Hamilton of 34th Hill Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Those voting in the negative were Senators:

Bond Coverdell

Eldridge Garrard

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young
Hamilton of 26th

Those not voting were Senators:

Holloway

Howard

Tate

On the passage of the bill, the yeas were 48, nays 5.

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

Senator Garrard of the 37th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 593.

SB 604. By Senators Garrard of the 37th, Hamilton of the 34th and Coverdell of the 40th:
A bill to amend an Act granting to incorporated municipalities of this

1332

JOURNAL OF THE SENATE,

State certain basic powers, as amended, so as to provide for contracts relative to public works; to provide for bids and procedures connected therewith; to provide for rejection of bids.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 604:
A BILL
To be entitled an Act to amend an Act granting to incorporated municipalities of this State certain basic powers, approved February 27, 1962 (Ga. Laws 1962, p. 140), as amended, so as to provide for contracts relative to public works; to provide for bids and procedures connected therewith; to provide for rejection of bids; to provide for notice and advertisement; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act granting to incorporated municipalities of this State certain basic powers, approved February 27, 1962 (Ga. Laws 1962, p. 140), as amended, is hereby amended by adding between Sections 4 and 5 a new Section to be designated Section 4A to read as follows:
"Section 4A. Mode of Contracting in Certain Cases, (a) Whenever it becomes necessary for a municipality to build or repair any bridge, road, public building or other public project, the govern ing authority of such municipality shall cause the same to be built or repaired by letting out the contract or contracts therefor to the lowest bidder after having advertised the letting of said contracts as provided in subsection (b) ; provided, however, that such municipal authorities shall have authority to reject all bids if they determine that the public interest and economy require it, but no action shall be taken which is designed to result in a contract being let to other than the lowest bidder who provides the per formance and payment bonds required by law.
(b) The proper officer of the municipality shall give notice of the contract to be let in the newspaper of largest circulation located in the municipality, once a week for four weeks prior to the opening of bids, and by posting a written notice at the site of the municipal government for a like time, which notice and ad vertisement shall embrace such details and specifications as will enable the public to know the general extent and character of the work to be done and the terms and time of payment. Such officer shall make available in his office complete and minute specifications of the proposed public work, which shall be open to the inspection of the public."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

MONDAY, FEBRUARY 23, 1976

1333

On the adoption of the substitute, the ayes were 34, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hill Holloway Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Bond

Stephens

Tate

Those not voting were Senators:

Ballard Hamilton of 34th Holley

Howard Hudgins Langford

Russell Timmons

On the passage of the bill, the yeas were 45, nays 3.

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

Senator McDuffie of the 19th moved that the following bill of the Senate be withdrawn from consideration of the Senate:

SB 683. By Senator McDuffie of the 19th:
A bill to provide for the election of the members of the Board of Education of Dodge County; to provide for other matters relative to the foregoing; to provide for a referendum.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 683 was withdrawn from consideration of the Senate.

1334

JOURNAL OF THE SENATE,

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

SB 568. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act authorizing counties to establish and maintain law libraries, as amended, so as to change the provisions relating to costs; to include suits, actions and cases filed in certain courts within the provisions of said Act.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. Laws 1971, p. 180), as amended by an Act approved April 10, 1973 (Ga. Laws 1973, p. 430), so as to change the provisions relating to costs; to include suits, actions and cases filed in certain courts within the provisions of said Act; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. Laws 1971, p. 180), as amended by an Act approved April 10>, 1973 (Ga. Laws 1973, p. 430), is hereby amended by adding following the first sentence of Section 6 of said Act the following:
"In addition to such sum, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each civil suit, action or case in which the principal sum exceeds $500.00 and in all criminal or quasi-criminal actions, cases or proceedings filed in any Municipal Court within any county of this State having a population of not less than 168,000' and not more than 195,000, according to the United States Decennial Census of 1970, or any future such census.",
so that when so amended, Section 6 shall read as follows:
"Section 6. For the purpose of providing funds for the purpose of purchasing law books, reports, texts and periodicals for such library, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each suit, action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceed ings of civil or criminal or quasi-criminal nature, filed in the Superior and State Courts and in traffic cases tried in the Probate

MONDAY, FEBRUARY 23, 1976

1335

Court in and for said counties. In addition to such sum, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each civil suit, action or case in which the principal sum exceeds $500.00 and in all criminal or quasi-criminal actions, cases or proceedings filed in any Municipal Court within any county of this State having a population of not less than 168,000 and not more than 195,000, acccording to the United States Decen nial Census of 1970, or any future such census. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the senior judge of the Superior Court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless said senior judge shall first determine that a need exists for a law library in such county. The clerks of each and every such court in such counties in which such a law library shall be established shall collect such fees and remit same to the treasurer of the Board of Trustees of the County Law Library of the county in which said case was brought on the first day of each month. Where the costs in criminal cases are not collected, the costs herein provided for shall be paid from the fines or forfeitures fund of such court in which the case is filed before any other disbursement or distribution of such fines or forfeitures shall
be made."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McDowell of the 2nd moved that the Senate agree to the House substitute to SB 568.

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudson Kennedy Kidd
Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate
Thompson
Traylor
Turner
Tysinger
Warren
Young

1336

JOURNAL OP THE SENATE,

Those not voting were Senators:

Howard Hudgins

Russell

Timmons

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 568.

The following general bills and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 607. By Senators Warren of the 43rd, Doss of the 52nd, Lester of the 23rd and others:
A bill to amend Code Section 84-1411, relating to qualifications of real estate brokers and salesmen, as amended, so as to change the provisions relative to such qualifications.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Fincher Poster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

McGill Overby Pearce Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Hill Robinson

Tate

Those not voting were Senators:

Howard Hudgins

Russell

Young Timmons

On the passage of the bill, the yeas were 48, nays 4.

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

MONDAY, FEBRUARY 23, 1976

1337

SB 608. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A bill to provide that no county, municipality, school district, authority, division, instrumentality, political subdivision or public body corporate of this State shall be authorized to file a petition for relief from or composition of its debts under any federal statute providing for such relief or composition.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
Fincher
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate
Thompson
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Bond

Howard

Timmons

On the passage of the bill, the yeas were 53, nays 0.

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

SB 632. By Senator Robinson of the 27th:
A bill to amend an Act known as the "Georgia Special Adult Offender Act of 1975", so as to change the effective date of said Act; to provide an effective date.

The report of the committee, which -was favorable to the passage of the bill, was agreed to.

1338

JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter 'Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Brantley Holley

Howard

Young

On the passage of the bill, the yeas were 52, nays 0.

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

SB 643. By Senator Barnes of the 33rd:
A bill to amend Code Section 27-418, relating to bail, so as to provide that the tender and acceptance of bail shall not waive the right of the accused in a criminal case to a commitment hearing; to provide that the accused may waive commitment hearing.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th

Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Eldridge

Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Hill

MONDAY, FEBRUARY 23, 1976

1339

Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Brantley Carter

Duncan Foster Holley

Howard Stephens

On the passage of the bill, the yeas were 48, nays 0.

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

SR 325. By Senators Lewis of the 21st and Gillis of the 20th:
A resolution designating Parrish's Pond and certain surrounding land located in Emanuel County as "The George L. Smith II Park".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 34th Hill Holley Holloway
Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

1340

JOURNAL OP THE SENATE,

Those not voting were Senators:

Duncan

Hamilton of 26th

Howard

On the adoption of the resolution, the yeas were 53, 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 House substitute thereto:

SB 304. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the penalty provisions relating to such offense; to provide for cases in which serious bodily injury is inflicted on a person.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 26-1902, relating to armed robbery, as amended, particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 810), so as to change the penalty for the offense of armed robbery; to provide for mandatory sentences; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 26-1902, relating to armed robbery, as amended, particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 810), is hereby amended by striking in the last sentence of said Code Section, the following:
"not less than one",
and substituting in lieu thereof, the following:
"not less than five (5)",
and by adding a new sentence at the end of said Code Section, to read as follows:
"Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred or withheld.",

MONDAY, FEBRUARY 23, 1976

1341

so that when so amended, Code Section 26-1902 shall read as follows:

"26-1902. Armed Robbery. A person commits armed robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A person convicted of armed robbery shall be punished by death or imprisonment for life, or by imprisonment for not less than five (5) nor more than twenty (20) years. Adjudication of guilt or im position of sentence shall not be suspended, probated, deferred or withheld."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate disagree to the House substitute to SB 304.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the House substitute to SB 304 was disagreed to.

The following bill and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 348. By Senators Traylor of the 3rd, Carter of the 14th, Timmons of the llth and others:
A resolution relative to instruction in the public schools on the essentials and benefits of the free enterprise system.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill

Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

1342

JOURNAL OF THE SENATE,

McGill Overby Reynolds Riley Robinson Russell Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan

Howard

Pearce

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 350. By Senator Hudgins of the 15th:
A RESOLUTION
Proposing an amendment to the Constitution so as to add public and independent school districts and systems of the several counties and municipalities of the State as determined by the State Board of Education to need State aid for capital outlay funds as an eligible purpose for which general obligation debt of the State may be incurred; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Subparagraph (c) of Paragraph I, of Section III, of Article VII of the Constitution is hereby amended by striking therefrom the following paragraph:
"(c) The State may incur public debt of two types for public purposes pursuant to this Paragraph: (1) general obligation debt and (2) guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, ex tend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, depart ments, institutions, and those State Authorities which were created and activated prior to the Amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I (a) of this Constitution. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or sys tems or water or sewage treatment facilities or systems or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes. No debt may be incurred under this subparagraph (c) at any time when the highest

MONDAY, FEBRUARY 23, 1976

1343

aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force to which the provisions of Article VII, Section VI, Para
graph I (a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; provided, however, no guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service
requirements for the then current year or any subsequent fiscal year of the State for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems, exceed one percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; and provided, further, that the aggregate amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $18 million dollars, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans to citizens of the State for educational purposes that may be outstand ing at any time shall not exceed $72 million dollars. For the purposes of this Paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided, however, with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date.",

and substituting in lieu thereof the following paragraph:

"(c) The State may incur public debt of two types for public purposes pursuant to this Paragraph: (1) general obligation debt and (2) guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, de partments, institutions, and those State Authorities which were created and activated prior to the Amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I (a) of this Constitu tion, and those local units of school administration of the State as determined by the State Board of Education to need State aid for capital outlay funds. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transporta tion facilities or systems or water or sewage treatment facilities or systems or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate annual debt service requirements for the

1344

JOURNAL OF THE SENATE,

then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force to which the provisions of Article VII,
Section VI, Paragraph I (a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred: provided, however, no guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the State for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems, exceed one percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; and provided, further, that the aggregate amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $18 million dollars, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $72 million dollars. For the purposes of this Paragraph, annual debt service require ments shall mean the total principal and interest coming due in any fiscal year of the State; provided, however, with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to permit the issuance of general obligation debt of the State
( ) NO for the purpose of constructing, acquiring, improving, extending and enlarging buildings and facilities for public and independent school systems?"

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.

MONDAY, FEBRUARY 23, 1976

1345

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan

Howard

Overby

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HB 179. By Representatives Buck of the 95th and Childs of the 51st:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to provide that certain members of the Employees Retirement System of Georgia not now eligible for group term life insurance may become eligible for same under certain conditions.

The following fiscal note, as required by law, was read by the Secretary:

1346

JOURNAL OF THE SENATE,

February 16,1976

MEMORANDUM

TO:

Mr. Norman Terrell

Deputy State Auditor

FROM:

Abe Domain, Director Employees' Retirement System

SUBJECT: Senate Retirement Committee Substitute to HB 179

The Senate Retirement Commitee Substitute to HB 179 would provide Group Term Life Insurance coverage to any current member of the Retirement System who heretofore was not so covered either because of a non-election of membership in the Employees' Retirement System or those who because of their membership in the Retirement System were given an opportunity to either elect or decline Group Term Life Insurance and did decline Group Term Life Insurance coverage.

There are approximately 132 current members not covered for life insurance due to their non-election of membership and some 440 current members who declined life insurance coverage.

This Senate Retirement Committee Substitute provides an op portunity for the approximate 572 members to now elect to be covered for life insurance provided they were less than age 51 at the time they declined membership in the Retirement System or at the time they declined Group Term Life Insurance coverage. Further, this Substitute requires that these members must successfully pass a physical examination to determine insurability subject to the approval of the Board of Trustees. The Substitute further provides for a transfer of contributions withheld from such members, which are now credited to the annuity savings accounts of these individuals, to represent the premium payments that would have been paid had these members been covered for Group Term Life Insurance retroactive to the date they became members of the System and/or declined Group Term Life Insurance coverage.

Our fiscal note of January 30, 1976 was written based on the coverage of approximately 132 members. However, this current Sub stitute involves approximately 572 members. It is felt that to secure a cost for this legislation an actuarial study should be ordered pursuant to Act 725, Georgia Laws 1975.

The Senate Committee on Retirement offered the following substitute to HB 179:
A BILL
To be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 323), as amended, so as to provide that certain members of the Employees' Retirement System of

MONDAY, FEBRUARY 23, 1976

1347

Georgia currently not considered eligible for Group Term Life Insurance may be declared eligible for same under certain conditions; to change the duties of the Board of Trustees; to change the provisions relative to creditable service with respect to members who have previously withdrawn contributions; to change the provisions relative to creditable service with respect to members whose membership has heretofore been terminated; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 323), as amended, is hereby amended by adding a new paragraph at the end of subsection (2) of Section 17 of the Act, to read as follows:

"All laws to the contrary notwithstanding, any person who is a member of this Retirement System on the effective date of this amendment who elected non-membership in the Employees' Retire ment System and who, subsequently to such election of non-member ship has become a member of the Employees' Retirement System of Georgia or any person who declined Survivors' Benefits (Group Term Life Insurance) and who by regulation is considered ineligible for Group Term Life Insurance coverage shall become eligible for and shall be allowed Group Term Life Insurance coverage under provisions of the Employees' Retirement System Act and State Employees' Assurance Department Act, computed on the basis of the member's attained age at the time of election of Retirement System membership or the attained age at the time of declining Survivor's Benefits (Group Term Life Insurance) provided, how ever, that the attained age of the member at the time of election of Retirement System membership or the attained age at the time of declining Survivor's Benefits (Group Term Life Insurance) must have been less than fifty-one (51) years of age. Any member made eligible by the provisions of this amendment who desires Group Term Life Insurance coverage under this Act must elect coverage by written notice filed with the Board of Trustees not later than ninety (90) days following the effective date of this amendment. The Board of Trustees is authorized and directed to undertake all administrative duties necessary to transfer the con tributions withheld from such member or on such member's behalf from any account within the Retirement System to any other account necessary to facilitate the extension of life insurance coverage to any such member made eligible by the provisions of this amendment for Group Term Life Insurance. The Board of Trustees shall give written notice to each affected member of the System regarding their rights as afforded under this paragraph."

Section 2. Said Act is further amended by striking the word and figure "five (5)" as it appears in subsection (12) of Section 4 and substituting in lieu thereof the word and figure "two (2)", so that when so amended subsection (12) of Section 4 shall read as follows:

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JOURNAL OF THE SENATE,

"(12) Any current member having previously withdrawn his contributions not more than three times from the Employees' Retire ment System and/or the Teachers' Retirement System of Georgia, may, after two (2) years' active service as a contributing member, reestablish such creditable service as he would have been eligible for as a member of either System had he not withdrawn his con tributions, upon his payment into the System a sum equal to the amount withdrawn from either System, plus regular interest at the rate of four and one-fourth percent (4 1/4%) per annum from the date of his withdrawal to the date of repayment, and such in terest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System con tributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retirement System, plus accrued interest thereon, upon receipt of notice from the System."

Section 3. Said Act is further amended by striking the word and figure "five (5)" as it appears in subsection (16) of Section 4 and sub stituting in lieu thereof the word and figure "one (1)" so that when amended, subsection (16) of Section 4 shall read as follows:

"(16) Any current member who, having been previously a member with creditable service, and whose membership has hereto fore been terminated on account or less than one year of service in a period of five consecutive years as herein provided for, and who has never withdrawn his contributions made during such prior creditable service, may, after one (1) year active service as a contributing member, reestablish such creditable service as he would have been eligible for had his membership not been so terminated, upon his payment into the System a sum equal to four and one-fourth percent (4%%) interest on the total amount of his contribu tions during such prior creditable service from the date of the termination of his membership to the date of payment, and such sum shall be placed in the Pension Accumulation Fund."

Section 4. This Act shall take effect immediately upon its ap proval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coverdell of the 40th offered the following amendment:
Amend the substitute offered by the Senate Committee on Retire ment to HB 179 by inserting new sentences between the word and period, "age." and the word, "Any", where the same appear in line 18 on Page 2, to read as follows:
"Provided further that, except as hereinafter provided, any such member who specifically declined Survivors' Benefits (Group Term Life Insurance) and who by regulation is considered in eligible for Group Term Life Insurance coverage must successfully

MONDAY, FEBRUARY 23, 1976

1349

pass a physical examination, the results of which must be approved by the Board, prior to the member being allowed such Group Term Life Insurance coverage, and such physical examination must be conducted by a physician selected by the Board and the cost of such physical examination shall be paid by the member; provided further that the Board is authorized to require that the results of such physical examination accompany the written notice which must be filed with the Board by the member who desires such Group Term Life Insurance coverage. Notwithstanding the foregoing, the physical examination provided for above shall not be required if 50 percent or more of such members who specifically declined Survivors' Bene fits (Group Term Life Insurance) elect to obtain such coverage as hereinafter provided."

On the adoption of the amendment to the committee substitute, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, nays 1, and the sub stitute was adopted as amended.
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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Pincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Holloway

Howard Hudgins

Kidd Riley

1350

JOURNAL OP THE SENATE,

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Starr of the 44th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:46 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 24, 1976

1351

Senate Chamber, Atlanta, Georgia Tuesday, February 24, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by Senator Holloway of the 12th, President Pro Tempore.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

Senator Garrard of the 37th moved that the Senate reconsider its action of February 23 in passing the following bill of the Senate:

SB 593. By Senators Hamilton of the 34th, Stephens of the 36th, Hudson of the 35th and others:
A bill to provide the circumstances and procedures under which certain provisions of Acts providing for the extension of corporate limits of municipalities shall become effective; to provide the procedures con nected therewith.

On the motion, the yeas were 19, nays 15; the motion prevailed, and SB 593 was placed on the Senate General Calendar.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1731. By Representative Ross of the 76th: A bill to amend Code Section 92-2902, relating to annual fees for operating motor vehicles, so as to change the provisions relating to trucks transporting forest products.
HB 1564. By Representatives Hatcher of the 131st, Russell of the 53rd and Richardson of the 52nd: A bill to amend an Act known as the "Children and Youth Act", so as to provide that a child committed to the Dept. of Human Resources who has escaped from one of its institutions or who has broken the conditions of a conditional release shall be taken into custody by a sheriff, probation officer or parole officer upon written request of an employee of the Department.

1352

JOURNAL OF THE SENATE,

HB 1698. By Representatives Lambert of the 112th, Carlisle and Mostiler of the 71st and others:
A bill to create an energy resources council to be known as the Georgia Council for Energy Resources; to declare the legislative intent of this Act; to provide for its members and their tenure; to provide for the powers and duties of the Council; to provide for employees thereof.

HB 1841. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Title 95A, the Georgia Code of Public Transporta tion, so as to provide for the acquisition, operation and maintenance of special-purpose aircraft by the Georgia Forestry Commission, Depart ment of Natural Resources and the Department of Public Safety.

HB 1308. By Representatives Murphy of the 18th, Vaughn of the 57th, Parrish of the 97th and Harrison of the 20th:
A bill to declare the intent of the General Assembly to encourage train ing and service in the military by authorizing tuition grants under certain conditions to students in the State-supported military college; to provide definitions; to provide for application for and administration of said grants.
HB 1353. By Representatives Lambert of the 112th, Carlisle of the 71st and Knight of the 67th:
A bill to amend an Act authorizing counties and certain municipalities to levy a local sales tax under certain conditions, approved April 24, 1975; to provide an effective date.
HB 1744. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in the State which are not branches of the University System of Georgia, approved April 14, 1971, as amended, so as to change the amount of grants to be made to students.
SB 441. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Chapter 100-1, relating to State Depositories, as amended, so as to change the frequency of meetings of the State De pository Board from at least once each thirty days to at least once every ninety days; to change certain titles; to repeal conflicting laws.
The House has agreed to the Senate substitutes to the following bill and resolution of the House:
HB 1657. By Representatives Castleberry of the lllth, Wood of the 9th, Ware of the 68th and others:
A bill to amend Code Chapter 56-5, relating to rates for casualty, surety,

TUESDAY, FEBRUARY 24, 1976

1353

vehicle, property, marine and transportation insurance, as amended, so as to provide that nothing contained within said Code 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.

HR 596. By Representatives Carlisle and Mostiler of the 71st and others:
A resolution proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Fayette County, to license and regulate businesses and levy a license fee on businesses in the unincorporated areas of Fayette County and to otherwise regulate and exercise police powers over businesses operated within the unin corporated areas of said County.

The House insists on its position in substituting the following bill of the Senate:

SB 304. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the penalty provisions relating to such offense; to provide for cases in which serious bodily injury is inflicted on a person; to repeal conflicting laws.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 782. By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78, relating to credits against in come taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes.

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

HR 722. By Representatives Howard, Cooper and Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to ex clude certain retirement survivor or disability benefits in determining eligibility for the homestead exemption of $6,000 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000 for the immediately preceding taxable year.

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JOURNAL OF THE SENATE,

HR 490. By Representatives Murphy of the 18th, Wilson, Howard and Cooper of the 19th and Burruss and Kreeger of the 21st:
A resolution proposing an amendment to the Constitution so as to pro vide that counties, municipalities and other political subdivisions shall not be authorized to acquire real property inside the boundaries of any other county, for airport purposes unless a majority of the qualified voters of the county in which the airport is proposed to be located voting in a referendum thereon shall approve the location of the airport.

HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that appointments to fill vacancies on the State Board of Pardons and Paroles for any reason other than the expiration of terms of the office shall be filled for the unexpired term; to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 690. By Senator Banks of the 17th:
A bill to amend Code Title 26, the Criminal Code of Georgia, as amended, so as to provide that prosecution is net barred if the former prosecution was before a court which lacked jurisdiction or if subsequent proceed ings resulted in the invalidation, setting aside, reversing or vacating of the conviction unless the accused was thereby adjudged not guilty.
Referred to Committee on Judiciary.

SB 691. By Senator Kidd of the 25th:
A bill to amend an Act creating a new Board of Commissioners of Jones County, so as to change the compensation of the Chairman and members of the Board of Commissioners of Jones County; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 692. By Senator Sutton of the 9th:
A bill to provide that in certain counties the local tax officials shall cease receiving tax returns on the first day of March. Referred to Committee on County and Urban Affairs.

SB 693. By Senator Stephens of the 36th:
A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, as amended, so as to provide for changes in certain Senatorial Districts; to provide for other matters relative thereto. Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 24, 1976

1355

SB 694. By Senator Warren of the 43rd:
A bill to amend Code Chapter 26-12, relating to abortion, as amended, so as to repeal said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter relative to abortion; to provide for intent; to define certain terms; to provide the conditions under which an abortion may be performed prior to the end of the first twelve weeks of pregnancy.
Referred to Committee on Judiciary.

SB 695. By Senator Stumbaugh of the 55th:
A bill to create the DeKalb County Airport Authority; to declare the need for such Airport Authorities; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of each such Authority; to provide for the terms of office of each such Authority. Referred to Committee on County and Urban Affairs.

SR 376. By Senators Gillis of the 20th and Kennedy of the 4th:
A resolution urging and requesting the Congress of the United States to amend the Federal Clean Air Act. Referred to Committee on Natural Resources and Environmental Quality.

SR 377. By Senator McDuffie of the 19th:
A resolution proposing an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Dodge County by the qualified voters of said County and to provide for education districts in connection therewith; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.
SR 378. By Senator Thompson of the 32nd:
A resolution creating a Materialmen's Lien Laws Study Committee. Referred to Committee on Rules.

SR 379. By Senator Thompson of the 32nd:
A resolution creating a Welfare Programs Study Committee. Referred to Committee on Rules.

SR 380. By Senators Starr of the 44th and Langford of the 51st:
A resolution endorsing the State of Georgia's attempt to seek authority from the United States Department of Health, Education and Welfare to test alternatives to nursing home care for Medicaid-eligible aged Georgians who do not require institutional care arrangements. Referred to Committee on Human Resources.

1356

JOURNAL OF THE SENATE,

SR 381. By Senator Traylor of the 3rd:
A resolution proposing an amendment to the Constitution, so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

SR 382. By Senator Lester of the 23rd:
A resolution creating the Consumer Debt Collection Study Committee. Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1308. By Representatives Murphy of the 18th, Vaughn of the 57th, Parrish of the 97th and others:
A bill to declare the intent of the General Assembly to encourage train ing and service in the military by authorizing tuition grants under certain conditions to students in the State-supported military college; to provide definitions; to provide for application for and administra tion of said grants. Referred to Committee on Higher Education.

HB 1353. By Representatives Lambert of the 112th, Carlisle of the 71st and Knight of the 67th:
A bill to amend an Act authorizing counties and certain municipalities to levy a local sales tax under certain conditions, approved April 24, 1975 (Ga. Laws 1975, p. 984; Act No. 598); to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

HB 1564. By Representatives Hatcher of the 131st, Russell of the 53rd and Richardson of the 52nd:
A bill to amend an Act known as the "Children and Youth Act", so as to provide that a child committed to the Dept. of Human Resources who has escaped from one of its institutions or who has broken the conditions of a conditional release shall be taken into custody by a sheriff, probation officer or parole officer upon written request of an employee of the Department.
Referred to Committee on Judiciary.

HB 1698. By Representatives Lambert of the 112th, Carlisle and Mostiler of the 71st, Bolster of the 30th and others:
A bill to create an energy resources council to be known as the Georgia Council for Energy Resources; to declare the legislative intent of this

TUESDAY, FEBRUARY 24, 1976

1357

Act; to provide for its members and their tenure; to provide for the powers and duties of the Council; to provide for employees thereof.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1731. By Representative Ross of the 76th:
A bill to amend Code Section 92-2902, relating to annual fees for op erating motor vehicles, so as to change the provisions relating to trucks transporting forest products. Referred to Committee on Transportation.

HB 1744. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971, as amended, so as to change the amount of grants to be made to students. Referred to Committee on Higher Education.

HB 1841. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Title 95A, the Georgia Code of Public Transporta tion, so as to provide for the acquisition, operation and maintenance of special-purpose aircraft by the Georgia Forestry Commission, Dept. of Natural Resources and the Dept. of Public Safety. Referred to Committee on Transportation.

HR 196. By Representatives Jones of the 126th, Colwell of the 4th, Irvin of the 10th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that appointments to fill vacancies occurring on the State Board of Pardons and Paroles for any reason other than the expiration of terms of office shall be filled for the unexpired term, and to provide that when a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person and that such person shall not become eligible for parole at any time.
Referred to Committee on Judiciary.

HR 490. By Representatives Murphy of the 18th, Wilson, Howard and Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide that counties, municipalities and other political subdivisions shall not be authorized to acquire real property inside the boundaries of any other county, for airport purposes unless a majority of the qualified voters of the county in which the airport is proposed to be located voting in a referendum thereon shall approve the location of the airport.
Referred to Committee on Judiciary.

HR 722. By Representatives Howard, Cooper and Wilson of the 19th and others: A resolution proposing an amendment to the Constitution so as to ex-

1358

JOURNAL OF THE SENATE,

elude certain retirement, survivor or disability benefits in determining eligibility for the homestead exemption of $6,000 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000 for the immediately preceding taxable year.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under con sideration the following bills and resolution of the Senate & House and has in structed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 362. Do pass.
HB 986. Do pass.
HB 1311. Do pass.
HB 1480. Do pass.
HB 1572. Do pass.
HB 1671. Do pass.
HB 1692. Do pass.
HB 1783. Do pass. Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the fol lowing recommendations:
SB 673. Do pass by substitute.
HB 681. Do pass.
HB 1601. Do pass.

TUESDAY, FEBRUARY 24, 1976

1359

HB 1602. Do pass. HB 1822. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 671. Do pass. HB 955. Do not pass. HB 1229. Do pass as amended. HB 1319. Do not pass. HB 1445. Do not pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the following bill and resolutions of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 627. Do pass. HR 598. Do pass. HR 672. Do pass. HR 673. Do pass. HR 677. Do pass. HR 742. Do pass. HR 751. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:

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Mr. President:

Your Committee on Rules has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1456. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. President:

Your Committee on Transportation has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 661. SB 667. HB 1216. HB 1548. HB 1582.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 438. By Senators Russell of the 10th, Hudgins of the 15th, Robinson of the 27th and others:
A bill to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, as amended, so as to provide for the issuance of permanent honorary hunting and fishing licenses to wartime veterans.

SB 453. By Senator Banks of the 17th:
A bill to amend Code Section 47-107, relating to the salary and al lowances of members of the General Assembly, as amended, so as to change the provisions relating to travel by members of interim com mittees; to provide an effective date.

SB 609. By Senator Holloway of the 12th:
A bill to amend the Campaign and Financial Disclosure Act, as amended, so as to change certain of the provisions thereof relating to the filing

TUESDAY, FEBRUARY 24, 1976

1361

of campaign disclosure reports; to provide for additional content of such reports.
SB 629. By Senator Holloway of the 12th:
A bill to amend Code Chapter 84-1, relating to the office of JointSecretary of State Examining Boards and the administration of the several examining boards administratively assigned to that office, as amended, so as to provide that each examining board assigned to that office which adopts a standard examination, shall have the power to require an applicant for examination to remit the cost of the examina tion to the providers of the standard examination.
SR 251. By Senators Lewis of the 21st, Hudgins of the 15th, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution, so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia.

SR 341. By Senators Broun of the 46th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to provide for annual sessions of 45 days for the General Assembly and to provide for periods of adjournment during each session; to provide for the submission of this amendment for ratification or rejection.

HB 272. By Mr. Phillips of the 120th:
A bill to amend an Act creating the Public School Employees' Retirement System so as to authorize the retirement of members with 31 years or more of creditable service regardless of their age.

HB 972. By Representative Noble of the 48th:
A bill to provide for a code of ethics for members of all boards, com missions and authorities of State government created by general statue; to provide for the removal of members who violate said code of ethics; to provide procedures connected therewith; to provide for hearings; to provide for vacancies.

HB 1378. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A bill to amend an Act establishing the State Employees Retirement System approved Feb. 3, 1949 so as to change the retirement require ments and benefits for certain personnel of the Department of Revenue.

HB 1791. By Representatives Glanton of the 66th, Horton of the 43rd, McDonald of the 12th and others:
A bill to create the Economic Development Council; to provide for the

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membership, appointment, terms, powers, duties, authority and responsi bilities of the Council; to provide for other matters relative to the foregoing.

HR 517. By Representatives Cooper, Howard and Wilson of the 19th:
A resolution designating staurolite as the official State mineral, the shark tooth as the official State fossil, quartz as the official State gem and marble as the official State rock.

HR 555. By Representatives Coleman of the 118th, Matthews of the 63rd, Baugh of the 108th and others:
A resolution proposing an amendment to the Constitution so as to in crease the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships.

The following local, uncontested bills of the Senate and House, favorably re ported by the committee, were read the third time and put upon their passage:

SB 645. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County, as amended, so as to provide designations for the offices constituting 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 yeas were 50, nays 0.

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

SB 646. By Senators Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating a new Charter for the City of Kennesaw, Georgia, as amended, so as to change the corporate limits of said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

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1363

SB 656. 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 change the corporate limits of said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

SB 659. By Senator Doss of the 52nd:
A bill to amend an Act creating a new charter for the City of Rome, as amended, so as to change the provisions relative to temporary loans made by 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 yeas were 50, nays 0.

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

SB 660. By Senator McGill of the 24th:
A bill to amend an Act creating a small claims court in and for Wilkes County, as amended, so as to change the jurisdiction of said court; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1710. By Representatives Childs of the 51st, Jordan of the 58th, Davis of the 56th and others: A bill to amend an Act creating the State Court of DeKalb County formerly known as the Civil and Criminal Court of DeKalb County, ap proved Feb. 14, 1951 (Ga. Laws 1951, p. 2401), as amended, so as to add a judge to said court; to provide for the election and term of office of said additional judge.

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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 yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1745. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County so as to change the compensation of the chief deputy 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 yeas were 50, nays 0.

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

HB 1746. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend an Act entitled "An Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Sheriff of Floyd County; to provide duties and compensation of said chief deputies; 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 yeas were 50, nays 0.

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

HB 1758. By Representative Culpepper of the 98th:
A bill to create the Fort Valley Redevelopment Authority; to define certain terms; to provide for the composition of the Authority, its powers, duties and compensation of members; to provide for the pur poses of the Authority; to provide for 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 yeas were 50, nays 0.

TUESDAY, FEBRUARY 24, 1976

1365

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

HB 1761. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to amend an Act creating a new charter for the City of Duluth so as to change the provisions relative to dates of 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 yeas were 50, nays 0.

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

HB 1767. By Representatives Rush of the 121st and Phillips of the 120th:
A bill to amend an Act creating the Board of Commissioners of Toombs County so as to change the provisions relating to the compensation of the chairman and 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 yeas were 50, nays 0.

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

HB 1777. By Representatives Thomason, Harris and Johnson of the 8th:
A bill to amend an Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary, so as to authorize the appointment of an additional deputy sheriff under certain conditions and to provide for his compensation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1778. By Representatives Poster and Wheeler of the 152nd and Stone of the 138th:
A bill to amend an Act amending, consolidating, creating, revising and

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superseding the several Acts incorporating the City of Blackshear in the County of Pierce and State of Georgia, so as to change the jurisdiction of the recorder's court in 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 yeas were 50, nays 0.

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

HB 1785. By Representative Cox of the 141st:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Decatur County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of said officer shall become the property 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 yeas were 50, nays 0.

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

HB 1793. By Representative Sigman of the 74th:
A bill to provide for the filling of vacancies which shall occur in the offices of mayor and councilman of the City of Porterdale; to provide that the mayor pro tempore shall act as the mayor in the absence, dis ability or inability of the mayor to serve.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1804. By Representatives Lambert of the 112th, and Milford, Mann and Clark of the 13th:
A bill to create and establish the Greene County Airport Authority and to authorize such authority to acquire, construct, equip, maintain, operate,

TUESDAY, FEBRUARY 24, 1976

1367

own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertakings.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1806. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to amend an Act placing the Sheriff of Oconee County on a salary basis of compensation so as to change the provisions relating to automobiles.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1807. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th: A bill to abolish the present mode of compensating the Clerk of Superior Court of Oconee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees; costs or other emoluments of said officer shall become the property of the county.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1808. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th: A bill to amend an Act creating the Board of Commissioners of Oconee County so as to change the compensation of the Chairman of the Board of Commissioners of Oconee County.

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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 yeas were 50, nays 0.

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

HB 1809. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Oconee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1811. By Representatives Knight of the 67th and Ware of the 68th:
A bill to abolish the office of Treasurer of Coweta County; to provide that the Board of Commissioners of Coweta County shall appoint de positories for county 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 yeas were 50, nays 0.

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

HB 1817. By Representatives Clark, Milford, and Mann of the 13th and Russell of the 64th: A bill to amend an Act creating the office of Tax Commissioner of Oconee County so as to change the provisions relating to the compen sation 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 yeas were 50, nays 0.

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1369

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

HB 1818. By Representative Irvin of the 10th:
A bill to amend an Act incorporating the City of Toccoa so as to clarify a provision relative to the date of an election.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

SB 521. By Senators Hudson of the 35th and Hamilton of the 34th:
A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, as amended, so as to provide a minimum pension payment for certain former officers and employees.

The following fiscal note, as required by law, was read by the Secretary:

February 3, 1976

Mr. Ernest Davis State Capitol Atlanta, Georgia
Dear Sir:

Re: Senate Bill No. 521 Cost Factor

We estimate there are 500 retired employees who would benefit from the above listed bill. Estimating an approximate cost of $50.00 per person, would cost $25,000. per month, or an annual cost of $300,000.

Yours truly,
/s/ Lula B. Carson Secretary Employees Pension Board Fulton County, Georgia

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 521 by inserting a new sentence at the end of quoted Section 4A of Section 1 to read as follows:

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"The pension payments provided for herein shall be paid from the pension fund created pursuant to the provisions of this Act."

On the adoption of the amendment, the yeas were 0, nays 50, and the amend ment was lost.

Senator Hudson of the 35th offered the following substitute to SB 521:
A BILL
To be entitled an Act to amend an Act authorizing the Commission ers of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, so as to provide a minimum pension payment for certain former officers and employees; to provide for the payment of such minimum pension payment from certain funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, is hereby amended by adding following Section 4 a new Section to be designated Section 4A, to read as follows:
"Section 4A. A minimum monthly pension payment for former officers and employees who are entitled to pension payments under this Act and who retired prior to January 1, 1964, shall be computed by multiplying the number of years of creditable service by ten dollars. Any former officer or employee who is entitled to pension payments under this Act and who retired prior to January 1, 1964, shall receive a minimum monthly pension payment provided in this Section or the monthly pension payment the employee is pres ently receiving, whichever is greater, beginning with the effective date of this Section. The pension payments provided for herein shall be paid from the pension fund created pursuant to the provisions of this Act."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

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, the yeas were 50, nays 0.

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1371

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

SB 648. By Senator Kidd of the 25th: A bill to amend an Act creating a Board of County Commissioners for Baldwin County, as amended, so as to change the provisions relating to the chairman; to provide procedures for the removal of a chairman; to change the provisions relating to compensation.
Senator Kidd of the 25th offered the following amendment:
Amend SB 648 by adding on Page 2, line 33, after the word "strik ing" the following:
"in its entirety",
and
By striking on Page 3, line 8, the following:
"in its entirety".

On the adoption of the amendment, the yeas were 50, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1131. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the sheriff of Towns County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff; to provide for the employment of personnel.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1131:
A BILL
To be entitled an Act to amend an Act placing the Sheriff of Towns County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2216), so as to

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provide for the employment of personnel; to change the provisions rela tive to operating expenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act placing the Sheriff of Towns County on an an nual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2216), is hereby amended by striking Sections 4 and 5 in their entirety and substituting in lieu there of new Sections 4 and 5 to read as follows:
"Section 4. (a) The sheriff shall be authorized to employ a chief deputy and fix his compensation at not less than $550.00 nor more than $650.00 per month. The sheriff shall also be authorized to employ an additional deputy, who may also serve as secretary or clerk to the sheriff, and fix his compensation at not less than $450.00 nor more than $550.00 per month. The governing authority of Towns County, with the approval of the sheriff, shall be authorized to increase the compensation of such personnel, notwithstanding the limitations provided for herein, to such amount as the govern ing authority shall determine. The compensation of such personnel shall be paid from the funds of Towns County.

(b) In addition to the personnel provided for by subsection (a) hereof, the sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The sheriff shall, from time to time, recom mend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Towns County to fix the compensation to be received by each employee in said office, except as otherwise provided by subsection (a) hereof.

(c) It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.

Section 5. (a) The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, uniforms, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. When any deputy is first employed by the sheriff and remains employed for a minimum of six consecutive months, the

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1373

governing authority of Towns County shall be required to reim burse such deputy for the cost of two complete uniforms. The determination of such requirements, except as herein provided and except as provided by subsection (b) hereof, shall be at the sole discretion of the governing authority of Towns County.

(b) The governing authority of Towns County shall furnish the sheriff with one police-equipped automobile and shall provide for the repair and maintenance of said automobile. The governing authority shall purchase a replacement for said automobile annually and may replace said automobile at any time if said automobile is damaged or otherwise becomes unserviceable. The sheriff and his deputies shall furnish their own handguns."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 50, nays 0, and the 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, the yeas were 50, nays 0.

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

HB 1454. By Representative Karrh of the 106th:
A bill to create and establish a Small Claims Court in and for Jenkins County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1454 by striking Section 19 in its entirety and inserting in lieu thereof a new Section 19 to read as follows:
"Section 19. All office space, courtroom facilities, forms, stationery, typewriters and adding machines shall be furnished by the Board of Commissioners of Jenkins County. They shall also provide a suitable room in the courthouse for the holding of said court."
By renumbering Sections 20 through 25 as Sections 21 through 26, respectively.

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By adding a new Section 20 to read as follows:

"Section 20. The State Librarian is hereby authorized and directed to furnish all available volumes of the Georgia Laws to the Small Claims Court of Jenkins County without cost to the court or the county."

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
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, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 1766. By Representative Rush of the 121st:
A bill to amend an Act creating the Board of Commissioners of Toombs County so as to provide that members of the board of county com missioners must reside in their respective commissioner districts but shall be voted upon by the voters of the county.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1766 by adding in the title before the words "to repeal conflicting laws", the words "to provide an effective date;" and
by adding a new Section to be known as Section 2 to read as follows:
"Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval." and by renumbering present Section 2 as Section 3.

On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.

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, the ayes were 50, nays 0.

TUESDAY, FEBRUARY 24, 1976

1375

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

Senator Holloway of the 12th, President Pro Tempore, called for the morn ing roll call, and the following Senators answered to their names:

Ballard
Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Doss Duncan Eldridge Pincher Poster Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering to their names were Senators:

Coverdell Dean of 6th Dean of 31st

Gillis Holloway (presiding) Howard

Hudgins McDuffie Russell

Senator Lester of the 23rd introduced the chaplain of the day, Rev. William T. Hammond, pastor of Fleming Baptist Church, Augusta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:
SR 383. By Senators Gillis of the 20th, Kennedy of the 4th, Kidd of the 25th and others: A resolution commending Mr. Mel Blount.

SR 384. By Senators Kennedy of the 4th, Gillis of the 20th and McGill of the 24th:
A resolution commending and congratulating Harry Guyton DeLoach.
SENATE RULES CALENDAR
Tuesday, February 24, 1976
SR 333 Title XVI of Social Security Act -- urge Congress to amend SR 357 Northwest Georgia Regional Hospital -- designating surgical building

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HB 1493 Public Safety Dept. Uniform Div. -- eligibility requirements HB 1377 Boards of Equalization -- filing notice of appeal HB 1656 Rock Eagle 4-H Center -- exempt from sales tax HB 738 Damage to Beehives Caused by Bears -- State liable HB 1330 Agricultural Limestone Sale -- regulation HB 1491 Conservation Ranger Act -- provide HB 1301 Bank, Loan Association, other -- powers of Trust Companies HB 1336 "Dev. Auth. Law" -- "project" include community antenna TV system HB 593 Homicide by Vehicle in First Degree -- redefine HB 1486 Assistant District Attorney -- compensation (AM) HB 1270 Free School Lunch -- false information unlawful HB 1329 Soil Amendments -- distribution and sale HB 1422 Grain Dealers -- licensing and bonding HB 308 Superior Court Judges' Retirement System -- create (SUB (AM)

Respectfully submitted,

/s/ Frank Eldridge, Jr. of the 7th Chairman, Senate Rules Committee

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SR 333. By Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st:
A resolution urging Congress to amend Public Law 92-603, known as Title XVI of the Social Security Act -- Supplemental Security Income for the Aged, Blind and Disabled, in order to strengthen and clarify eligibility requirements under the Act.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Bell Bond Broun of 46th

Brown of 47th Carter Coverdell

TUESDAY, FEBRUARY 24, 1976

1377

Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Stephens Stumbaugh Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barnes Brantley Holloway (presiding)

Howard Russell Starr

Summers Button Timmons

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 357. By Senator Doss of the 52nd:
A resolution designating the medical-surgical building at the Northwest Georgia Regional Hospital as the "Robert Battey Surgical Building".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren Young

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Those not voting were Senators:

Bond Brantley Broun of 46th Holley Holloway (presiding)

Howard Hudgins Hudson Pearce Russell

Shapard Starr Summers Sutton

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1493. By Representatives Carr of the 105th, Whitmire of the 9th, Dent of the 85th and others:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend an Act creating the Department of Public Safety so as to establish the eligibility requirements for appointment to the Uniform Division of 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss
Duncan
Eldridge
Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Hudson Kennedy Kidd Langford Lester Lewis McDowell
McDuffie
McGill
Overby

Reynolds Riley Robinson Shapard Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger
Warren
Young

Those not voting were Senators:

Banks Holley Holloway (presiding)

Howard Hudgins Pearce

Russell Starr Summers

TUESDAY, FEBRUARY 24, 1976

1379

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1656. By Representatives Hudson of the 137th, Collins of the 144th, Rainey of the 135th and others:
Senate Sponsor: Senator Carter of the 14th.
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to exempt sales, fees and charges for serv ices by the Rock Eagle 4-H Center.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Broun of 46th Duncan Holley

Holloway (presiding) Howard Riley

Robinson Russell Starr

On the passage of the bill, the yeas were 46, 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 House action thereto:

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JOURNAL OF THE SENATE,

HB 782. By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78, relating to credits against in come taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes.

Senator McDowell of the 2nd moved that the Senate insist on its substitute to HB 782.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate substitute to HB 782 was insisted upon.

The following general bill of the House, favorably reported by the commit tee, was read the third time and put upon its passage:

HB 738. By Representatives Sweat of the 150th, Reaves of the 147th, Dixon of the 151st and others:
A bill to provide that the State shall be liable for damages to beehives caused by bears under certain conditions; to provide that the owner of the beehive shall have the right to destroy bears under certain condi tions; to provide the procedures connected therewith.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Brown of 47th
Carter Coverdell
Dean of 6th
Doss
Duncan Eldridge
Fincher
Foster
Garrard

Gillis Hamilton of 26th Hill Hudson Kennedy Kidd
Langford Lester
Lewis
McDowell
McDuffie McGill
Overby
Pearce
Riley

Robinson Russell Shapard Stephens Stumbaugh Summers
Sutton Thompson
Timmons
Traylor
Turner Tysinger
Warren
Young

Voting in the negative was Senator Ballard.

TUESDAY, FEBRUARY 24, 1976

1381

Those not voting were Senators:

Bond Broun of 46th
Dean of 31st Hamilton of 34th

Holley Holloway (presiding)
Howard Hudgins

Reynolds Starr Tate

On the passage of the bill, the yeas were 44, nays 1.

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

The following local resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their adoption:

SR 361. By Senator Sutton of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the maximum interest rate on revenue bonds issued by the Moultrie-Colquitt County Development Authority; to authorize said Authority to borrow money from financial institutions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution, as amended particularly by resolution (Ga. Laws 1960, p. 1402) ratified November 8, 1960, and a resolution (Ga. Laws 1964, Extra Sess., p. 403) ratified November 3, 1964, is hereby amended by striking the following:
"I. The Authority is hereby authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from what ever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued may include all costs relative to the issuance thereof as well as engineer ing, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding six per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may con tain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All

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JOURNAL OP THE SENATE,

bonds and the interest thereon so issued by said Authority are here by declared to be nontaxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of munici palities are validated as provided in Code Sections 87-815 et seq. of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the supreme court or the court of appeals, the judg ment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority.",

and substituting in lieu thereof, the following:
"I. The Authority is hereby authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from what ever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued may include all costs relative to the issuance thereof as well as engineer ing, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding eight percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may con tain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are here by declared to be nontaxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of munici palities are validated as provided in Code Sections 87-815 et seq. of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the supreme court or the court of appeals, the judgment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. In addition, the Au thority is hereby authorized to borrow funds from financial institu tions at a rate of interest not to exceed eight percent per annum."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

TUESDAY, FEBRUARY 24, 1976

1383

"( ) YES Shall the Constitution be amended so as to change the maximum interest rate on revenue bonds
( ) NO issued by the Moultrie-Colquitt County Develop ment Authority and to authorize said Authority to borrow money from financial institutions?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing 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.

Senator Sutton of the 9th offered the following amendment:

Amend SR 361 by deleting on Page 1, line 8, in its entirety and inserting in lieu thereof the following:

"BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:"

On the adoption of the amendment, the yeas were 48, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47th Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 3'4th Hill Holley Hudgins Hudson
Kennedy
Kidd
Langford
Lester
Lewis
McDowell
McDuffie
McGill

Overby Pearce Reynolds Robinson Russell Shapard Stephens Stumbaugh
Summers
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

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JOURNAL OF THE SENATE,

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Bell Bond Holloway (presiding)

Howard Riley

Starr Tate

On the adoption of the resolution, the yeas were 48, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

HR 311. By Representatives Kreeger of the 21st, Howard of the 19th, Nix of the 20th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of the said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the governing authority of the City of Marietta is hereby authorized to provide from time to time for the increase of retirement benefits of those persons who have retired under the pro visions of any retirement system covering any employees of said city, as well as those employees who retire in the future. Any funds available to the governing authority of the City of Marietta may be utilized for the purpose provided herein."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to au thorize the governing authority of the City of
( ) NO Marietta to provide for an increase in retirement benefits of retired employees of said city?"

TUESDAY, FEBRUARY 24, 1976

1385

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Button.

Those not voting were Senators:

Bell Bond Holloway (presiding)

Howard Riley

Starr Tate

On the adoption of the resolution, the yeas were 48, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 622. By Representatives Harden of the 154th and Leggett of the 153rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Glynn County or any municipal corporation

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JOURNAL OF THE SENATE,

within Glynn County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Glynn County in transit through Glynn County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Glynn County and stored therein for shipment outside the State; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following para graph :

"The governing authority of Glynn County or any municipal corporation within Glynn County shall have the authority to provide for the exemption from all ad valorem taxation by such governing authority of tangible personal property transported into the terri torial jurisdiction of such governing authority from outside the State in transit to a final destination outside the State and of tangible personal property grown, harvested, manufactured, pro cessed or refined in Glynn County and stored therein for shipment outside the State. Property shall not cease to be in transit within the exemption granted pursuant to this provision by virtue of the fact that while held, or while in storage, in Glynn County such property is assembled, bound, joined, processed, disassembled, divid ed, cut, broken in bulk, packaged, labeled, repackaged or relabeled. Such tangible personal property shall not be exempt from State ad valorem taxation by this paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to au thorize the governing authority of Glynn County or of any municipal corporation within Glynn
( ) NO County to exempt from all ad valorem taxation by such governing authority tangible personal property in transit from without the State through Glynn County to a destination outside the State and tangible personal property grown, harvested, manufactured, processed or refined in Glynn County and stored therein for shipment outside the State?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

TUESDAY, FEBRUARY 24, 1976

1387

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.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard

Gillis

Hamilton of 26th

Hamilton of 34th

Hill

Holley

Hudgins

'

Hudson

Kennedy

Kidd

Langford

Lester

Lev/is

McDowell

McDuffie

McGill

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Bell Bond Holloway (presiding)

Howard Riley

Overby Pearce Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Thompson Timmons Traylor Turner Tysinger Warren Young
Starr Tate

On the adoption of the resolution, the yeas were 48, nays 1.
The resolution, having received the requisite two-thirds constitutional major ity, was adopted.
The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:
HB 1330. By Representative Carr of the 105th: Senate Sponsor: Senator Sutton of the 9th. A bill to be known as the "Georgia Liming Material^ Act of 1976"; to regulate the distribution and sale of agricultural limestone and other

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JOURNAL OF THE SENATE,

liming materials; to provide for a short title; to provide for definitions; to provide for standards for certain materials.

Senator Sutton of the 9th offered the following amendment:

Amend HB 1330 by adding at the end of Section 13 ending on line 30 of Page 9 the following:

"Such rules and regulations shall not become effective until 30 days after a copy of such rules and regulations has been mailed by certified mail to each member of the House and Senate Agriculture Committees."

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Stephens Stumbaugh Summers
Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Coverdell Garrard

Holloway (presiding) Howard

Starr Tate

On the passage of the bill, the yeas were 49, nays 0.

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

TUESDAY, FEBRUARY 24, 1976

1389

HB 1491. By Representative Rainey of the 135th:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend an Act to authorize the Commissioner of the Depart ment of Natural Resources to appoint conservation rangers, so as to provide a short title ("Conservation Ranger Act").

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
Fincher
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kennedy Kidd Langford Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Bond Broun of 46th Foster

Holloway (presiding) Howard

Starr Tate

On the passage of the bill, the yeas were 48, nays 1.

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

HB 1301. By Representatives Pinkston of the 100th and Shanahan of the 7th:
Senate Sponsor: Senator Duncan of the 30th.
A bill to amend Code Section 41A-1401, relating to powers of a trust company to act as fiduciary and in other representative capacitias, so as to provide that every bank, building and loan association, and credit

1390

JOURNAL OF THE SENATE,

union operating pursuant to the provisions of the Financial Institutions Code of Ga. shall possess all of the rights, privileges, powers and re sponsibilities conferred upon trust companies.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Bond Broun of 46th Dean of 31st

Foster Hill Holloway (presiding)

Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young
Howard Starr Tate

On the passage of the bill, the yeas were 47, nays 0.

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

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

SB 356. By Senator Fincher of the 54th :
A bill to amend an Act providing for the participation of certified registered nurse anesthetists in the administration of anesthesia, ap proved March 12, 1973, so as to change the provisions relating to the professional and educational standards of said nurses.

The House substitute was as follows:

TUESDAY, FEBRUARY 24, 1976

1391

A BILL

To be entitled an Act to amend an Act providing for the participa tion of nurse anesthetists in the administration of anesthesia, approved April 12, 1973 (Ga. Laws 1973, p. 433), so as to change the provisions relating to the professional and educational standards of certified regis tered nurse anesthetists; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing for the participation of nurse anes thetists in the administration of anesthesia, approved April 12, 1973 (Ga. Laws 1973, p. 433), is hereby amended by striking in Section 1 the fol lowing :
"a registered nurse as defined in Code Section 84-9916",
and substituting in lieu thereof the following:
"authorized by Code Chapter 84-10, as now or hereafter amend ed, to practice nursing as a registered professional nurse in Geor gia",
and by striking the following:
"accredited by the National League of Nursing",
and substituting in lieu thereof the following:
"approved by the Georgia Board of Nursing in accordance with Code Chapter 84-10 or has successfully completed an educational program outside the State of Georgia or the United States which meets criteria similar to and not less stringent than those establish ed by the Georgia Board of Nursing",
so that when so amended, Section 1 shall read as follows:
"Section 1. For the purposes of this Act, a 'certified registered nurse anesthetist' shall mean any person who is authorized by Code Chapter 84-10, as now or hereafter amended, to practice nursing as a registered professional nurse in Georgia, who has successfully completed the education program of a school of nursing approved by the Georgia Board of Nursing in accordance with Code Chapter 84-10 or has successfully completed an educational program outside the State of Georgia or the United States which meets criteria similar to and not less stringent than those established by the Geor gia Board of Nursing, who has successfully completed the educa tional program of a school for nurse anesthetists accredited by the American Association of Nurse Anesthetists and who either is

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JOURNAL OF THE SENATE,

certified as a registered nurse anesthetist by the American Associa tion of Nurse Anesthetists or has an application for certification pending within the American Association of Nurse Anesthetists."

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 hereby repealed.

Senator Fincher of the 54th moved that the Senate agree to the House substi tute to SB 356.

On the motion, the yeas were 32, nays 1; the motion prevailed, and the House substitute to SB 356 was agreed to.

Senator Foster of the 50th introduced the doctor of the day, Dr. Thomas Lumsden, of Clarkesville, Georgia.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 593. By Representatives Snow of the 1st, Sams of the 90th and Walker of the 115th:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend Code Section 68A-903, relating to homicide by a vehicle, so as to redefine the offense of homicide by a vehicle in the first degree; to redefine the offense of homicide by a vehicle in the second degree.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell
Bond
Brantley
Broun of 46th
Brown of 47th
Carter

Coverdell Dean of 6th Dean of 31st Doss Eldridge
Fincher
Foster
Garrard
Gillis
Hamilton of 26th

Hamilton of 34th Hill Hudgins Kennedy Kidd
Langford
Lester
Lewis
McDowell
McDuffie

TUESDAY, FEBRUARY 24, 1976

1393

McGill Overby Pearce Reynolds Riley Robinson

Russell Shapard
Stephens Stumbaugh Summers Sutton

Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative was Senator Holley.

Those not voting were Senators:

Duncan Holloway (presiding) Howard

Hudson Starr

Tate Young

On the passage of the bill, the yeas were 48, nays 1.

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

HB 1486. By Representative Evans of the 99th: Senate Sponsor: Senator Overby of the 49th. A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits having more than one superior court judge, so as to change the provisions relating to the compensation of assistant district attorneys.
The Senate Committee on Judiciary offered the following amendment:
Amend HB 1486 by deleting the word "assistant" on Page 1, line 12.

On the adoption of the amendment, the yeas were 38, nays 1, and the amend ment was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th
Hamilton of 34th Hill Holley Hudgins Kennedy Kidd

1394

JOURNAL OF THE SENATE,

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Holloway (presiding) Howard

Hudson Starr

Young

On the passage of the bill, the ayes were 51, nays 0.

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

HB 1270. By Representatives Tolbert, Davis and Floyd of the 56th and others:
Senate Sponsor: Senator Warren of the 43rd.
A bill to provide that it shall be unlawful for any parent or guardian of any school child to provide false information in order to obtain free school lunches or such lunches at a reduced price.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

TUESDAY, FEBRUARY 24, 1976

1395

Those voting in the negative were Senators:

Hudgins

Pearce

Those not voting were Senators:

Duncan Holloway (presiding)

Howard

Young

On the passage of the bill, the yeas were 50, nays 2.

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

HB 1329. By Representative Carr of the 105th:
Senate Sponsor: Senator Sutton of the 9th.
A bill to regulate the distribution and sale of soil amendments within the State of Georgia; to provide a short title; to provide an enforcing official; to provide definitions; to provide for labeling; to define misbranding; to provide for tonnage reports.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley
Broun of 46th
Brown of 47th
Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Eldridge
Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Hudgins Hudson
Kennedy
Kidd
Langford
Lester
Lewis
McDuffie
McGill
Overby
Pearce
Reynolds

Those not voting were Senators:

Duncan Hill

Holloway (presiding) Howard

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
McDowell

1396

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1422. By Representative Nessmith of the 82nd:
Senate Sponsor: Senator Russell of the 10th.
A bill to provide for the licensing and bonding of Grain Dealers; to provide for definitions; to provide for exceptions; to provide for licenses and applications and fees for such licenses; to provide for requirements for licensees; to provide for certified public weighers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Voting in the negative was Senator Barker.

Those not voting were Senators:

Broun of 46th Doss

Holloway (presiding)

On the passage of the bill, the yeas were 51, nays 1.

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Howard

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

The President assumed the Chair.

TUESDAY, FEBRUARY 24, 1976

1397

HB 308. By Representatives Snow of the 1st, Buck of the 95th, Lambert of the 112th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to create the Superior Court Judges Retirement System.

The following fiscal notes, as required by law, were read by the Secretary:

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning and Budget Officer

DATE:

February 23, 1976

SUBJECT: Fiscal Note--House Bill 308 Committee Substitute

The attached summary from Mr. John L. Glenn reflects a first year cost for fiscal year 1977 of $97,317 plus additional administrative cost of $11,760 as authorized by Section 28 of the Bill.

On an annualized basis the cost of the proposed changes would be as follows:

Annual Increase ADD: Cost of other benefits for 1975 Act to
fund State share of prior service ADD: Administrative cost Section 21
Administrative cost Section 28
Total Annual Cost
LESS : Administrative cost currently paid Section 21 LESS: Administrative cost currently paid Section 28 LESS: Cost of other benefits from 1975 Act
Net Additional Annual State Cost

$ 66,625
64,000 26,975 23,520 $181,120 (--) 26,975 (--) 11,760 (--) 64,000 $ 78,385

The Bill increases Senior Judges per diem from $50 to $100. It is unknown how many Judges will qualify for the additional amount.
/s/ E. B. Davis State Auditor
/s/ J. T. Mclntyre State Planning & Budget Officer

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January 19, 1976

The Judicial Council of Georgia Suite 335, 2220 Parklake Dr., N.E. Atlanta, Georgia 30345

RE: Cost of the Committee Substitute Version of HB #308, the "Act Creating the Superior Court Judges Retirement System"

Gentlemen:

At your request, and in accordance with our contract, I have deter mined the additional costs to the State of the Committee Substitute Version of House Bill #308, based on the draft furnished by Mr. Bill Harper. The assumptions used in determining these costs are those out lined in my letter of February 3, 1975, which dealt with the cost of the 1975 Version of this Act.

A. Cost of Changes Made in 1968 Act. The Committee Substitute basically deals with those becoming Judges on or after June 30, 1968; that is, it primarily modifies the existing 1968 Act. As compared to the provisions of last year's version of HB #308, only two changes made with respect to those becoming Superior Court Judges on or after June 30, 1968 modify the cost figures in the February 3, 1975 report with respect to the 1968 Act.

1. The early retirement benefit is limited to a maximum of 75% of the normal retirement benefit. This change eliminates any additional cost for early retirement.

2. The required contribution rate for Judges has been changed from 7Mi% of salary to 1%.

First Year Costs. The estimated State contribution required for the first year to fund the benefits provided by the Committee Substitute for those becoming Superior Court Judges on or after June 30, 1968 is $229,000, or 22% of the salaries of the Judges involved. The present State contribution under the '68 Act is 10%. The additional State con tribution that would result from the Committee Substitute is therefore 12% of salary.

Of the above contributions, 77% are for basic benefits provided to Judges and 23% are for the benefits provided to surviving spouses.

B. Cost of Changes Made in 1945 Act. The Committee Substitute would make the following changes in the 1945 Act as it now stands.
1. Judges Barrow, Geer and Vining, who are not now covered by the 1945 Act, would be made eligible to be covered for the benefits pro vided for those becoming Superior Court Judges after June 30, 1968, subject to payment of required future contributions and of back con tributions of 7% of salary for all of their Superior Court Judge service, accumulated at 6% interest.

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1399

2. Fifteen married Judges who have not elected Widow's Benefits under the 1945 Act would be allowed to elect the Survivor's Benefits provided for those becoming Superior Court Judges on or after June 30, 1968. This Survivor's Benefit is 50% of the amount which the Judge was receiving at the time of death or would have been eligible to receive, as compared to 100% under the 1945 Act. This election requires payment of back contributions of 2% of salary for prior Superior Court Judge service, and 2% of future salary.

First Year Cost. Present benefits for those covered under the 1945 Act are paid out of current appropriations. The two changes described above, however, would be funded in advance as part of the State contri bution made to fund benefits for the revised '68 Act.

The estimated required first year State contribution to fund the two changes described above is $64,000. Of this amount, $27,000 is for the addition of the three Judges and $37,000 is for making available the Survivor's Benefits.

C. Comments.
1. The provision to fund the changes in the 1945 Act in advance is a much better approach from the standpoint of financial soundness.
2. The required first year total State contribution for the amended '68 Act is 22% of the salaries involved. This is higher than the employer contribution for most retirement plans. There are two reasons for this. The first is that Superior Court Judges start their service at a much higher age than does the average employee under the typical retirement plan, and hence there are fewer years of State contributions to fund the benefits. The second reason is that the funding method used, which was to determine the contribution on the basis of providing for full funding of benefits by retirement, is a conservative one. This is partic ularly true by comparison with the funding approach used for many governmental plans.

With regard to the funding method, it would, in my opinion, be actuarially sound to fund the benefits over 20 years, rather than by retirement. Under this method, the required first year total State contribution would be $189,000, which is 18% of salaries involved. The additional cost; that is, the excess over the 10% State contribution under the present 1968 Act, would be 8%.

3. With respect to anticipated future contributions for the revised '68 Act, as the number of Judges in this category increases, the dollar amount of State contribution will increase. Whether the contribution will increase or decrease as a percentage of payroll involved will depend on how emerging experience compares with the assumptions used, for example the 6% interest rate assumed to be earned on contributions. It will also depend on how the average age of new Judges compares with the present average age of those to be covered initially. Overall, in my opinion, the contribution as a percentage of payroll is more likely to decrease than to increase.

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D. Conclusion. I will be happy to meet with you to discuss this report.
Yours very truly,
John L. Glenn

January 19, 1976
The Judicial Council of Georgia Suite 335, 2220 Parklake Dr., N.E. Atlanta, Georgia 30345
RE: Cost of the Committee Substitute Version of HB #308, the "Act Creating the Superior Court Judges Retirement System"
Gentlemen:
In my other letter of this same date, I point out in Paragraph C 2, that with 20 year funding the required total first year State contribu tion for those becoming Superior Court Judges on or after June 30, 1968 would be 18% of salaries involved. It is my understanding that considera tion is being given to amending the Committee Substitute Version of HB #308 by changing the required basic Judge's contribution from 1% back to the original 7%%, and also to requiring an additional 2%% contribution from those Judges who want the Survivor's Benefit.
If these changes were made, they would for practical purposes reduce the required first year total State contribution by 3%; that is, from 18% to 15%, under 20 year funding. The additional first year State contribution would then be 5%.
Yours very truly, John L. Glenn

The Senate Committee on Retirement offered the following substitute to HB308:
A BILL
To be entitled an Act to create the Superior Court Judges Retirement System; to provide a short title; to provide for a declaration of purpose; to provide for definitions; to provide for a Board of Trustees and its members, powers, duties and authority; to provide for a Superior Court Judges Retirement System Fund; to provide for the deposit and expendi ture of funds; to provide for the investment and reinvestment of funds; to authorize the Board of Trustees to employ an agent or agents and enter into certain contracts; to provide for hearings; to provide for the adoption of tables; to provide for the payment of retirement and dis ability benefits; to provide for rules and regulations; to provide for the determination of eligibility for benefits; to provide for refunds and repayments; to provide for records and books; to provide for the preparation and presentation of annual financial statements; to

TUESDAY, FEBRUARY 24, 1976

1401

provide for the acceptance of gifts, grants or bequests, and the use, sale or investment thereof; to require certain persons becoming superior court judges to make certain contributions into the Fund; to provide for Senior Judges and their qualifications, powers, duties and authority; to provide for the appointment of certain persons as Senior Judges of the Superior Courts; to prohibit certain Senior Judges from being eligible for election or appointment to certain other offices, or to practice law while receiving certain retirement pay; to provide for matters relative to service of senior judges; to provide for employee and employer con tributions and the basis for such contributions; to provide for payroll deductions and the practices, procedures, qualifications and restrictions connected therewith; to provide for retirement benefits and the practices, procedures and methods for calculating such benefits; to provide for the withdrawal of certain funds; to provide for spouses' benefits; to provide for the transfer of employer and employee contributions from the Trial Judges and Solicitors Retirement Fund to the Superior Court Judges Retirement System Fund; to provide that the State Attorney General shall be the legal advisor of the Board of Trustees; to provide that persons knowingly making false statements or falsifying or permitting to be falsified any record or records of the System shall be guilty of a misdemeanor in certain cases; to provide for penalties; to provide for the correction of errors and the adjustment of benefits; to provide for the payment of the administrative expense of the Fund from funds appro priated or available for the operation of the superior courts; to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, so as to remove judges of the superior courts from membership in said Retire ment Fund; to correct certain references in said Act; to change certain references in the laws of this State; to amend an Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. Laws 1946, p. 228), an Act approved February 16, 1950 (Ga. Laws 1950, p. 341), an Act approved February 21, 1951 (Ga. Laws 1951, p. 493), an Act approved February 15, 1952 (Ga. Laws 1952, p. 293), an Act approved December 11, 1953 (Ga. Laws 1953, Nov.Dec. Sess., p. 108), an Act approved February 8, 1955 (Ga. Laws 1955, p. 152), an Act approved February 28, 1956 (Ga. Laws 1956, p. 380), an Act approved February 21, 1957 (Ga. Laws 1957, p. 82), an Act approved March 13, 1957 (Ga. Laws 1957, p. 486), an Act approved March 25, 1958 (Ga. Laws 1958, p. 318), an Act approved March 17, 1959 (Ga. Laws 1959, p. 301), an Act approved March 3, 1960 (Ga. Laws 1960, p. 161), an Act approved April 5, 1961 (Ga. Laws 1961, p. 429), an Act approved March 18, 1964 (Ga. Laws 1964, p. 720), an Act approved March 2, 1965 (Ga. Laws 1965, p. 102), an Act approved March 11, 1968 (Ga. Laws 1968, p. 275), an Act approved March 11, 1970 (Ga. Laws 1970, p. 249), an Act approved April 17, 1973 (Ga. Laws 1973, p. 785), so as to create the office of Senior Judge of the Superior Courts; to provide for the redesignation of certain persons as Senior Judges of the Superior Courts; to change the provisions relative to eligibility for appointment; to change the provisions relative to compensation of
Senior Judges while serving as judges of the superior courts; to correct certain references; to amend an Act providing the duties and expenses
of the judges emeritus of the superior courts, approved March 5, 1962 (Ga. Laws 1962, p. 547), as amended, so as to change the provisions
relative to compensation of judges emeritus while serving as judgas of
the superior courts; to provide for the redesignation of certain judges

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as Chief Judges; to provide that this Act shall not deny or abridge any right, benefit, option, credit, or election to which any person was here tofore entitled; to provide that any action taken pursuant to the provi sions of this Act shall not constitute any waiver of rights heretofore existing; to provide for severability; to provide effective dates; to provide for other matters relative to the foregoing; to repeal conflict
ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
PART I
Section 1. This Part shall be known and may be cited as the "Act Creating the Superior Court Judges Retirement System."
The General Assembly hereby recognizes that it is in the public interest to encourage the best, most experienced attorneys to serve as judges of the superior courts of this State. The General Assembly recognizes that these attorneys will be forty to fifty years of age at the time they become judges of the superior courts. Recognizing the fact that such persons are older than the average government employee at the time of first assuming office, the General Assembly is providing for a shorter period of actual service on the bench in order to qualify for benefits under the provisions of this Act. Because of this shorter period of required service it is the intention of the General Assembly to make no provision for credit for service other than actual service as a judge of the superior courts. It is, therefore, the purpose of this Act to reward those citizens of Georgia for their actual service as members of the judicial branch of State government.

Section 2. Definitions. As used in this Act: (a) "System" or "Re tirement System" means the Superior Court Judges Retirement System created by this Act.

(b) "Fund" means the Superior Court Judges Retirement System Fund provided for by Section 4 of this Act.

(c) "Board" means the Board of Trustees provided for in Section 3 of this Act.

(d) "Creditable Service" means:

(1) Service performed as a superior court judge after December 31, 1976, when such judge is a member of the Retirement System created by this Act; and

(2) Creditable service obtained pursuant to subsections (c), (d) and (e) of Section 8 of this Act; and

(3) Creditable service obtained pursuant to Section 18 of this Act.

(e) "Employer" shall mean the State of Georgia.

TUESDAY, FEBRUARY 24, 1976

1403

Section 3. There is hereby created the Superior Court Judges Re tirement System which shall be administered by a Board of Trustees composed of the Governor, the Attorney General and the Director of the Fiscal Division of the State Department of Administrative Services.

Section 4. (a) The board shall have control of the funds provided for in this Act, and all funds received by the Board shall be deposited in a special account to the credit of the Superior Court Judges Retirement System Fund. The benefits provided for in this Act and all administra tive expenses shall be paid from said special account. The Board shall have authority to expend the funds in accordance with the provisions of this Act.

(b) The Board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the Fund.

(c) The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes.

Section 5. The Board is hereby given the following authority, powers and duties: to contract with proper Federal authorities for Old Age, Survivors' and Disability Insurance coverage under the Social Security Act; to provide for the collection of all money provided for in this Act; to provide for the payment of all administrative expenses; to hear and decide all applications for retirement and disability benefits provided for under this Act; to adopt such tables as it shall deem desirable in connection with the proper operation of the System; to provide for the payment of all retirement and disability benefits that may be determined to be due under the rules and regulations as adopted by the Board; to make and promulgate all necessary rules and regula tions not inconsistent with the laws of the State of Georgia to carry out the provisions of this Act; to determine eligibility of persons to receive retirement benefits, and disability benefits under the provisions of this Act; to make provisions for refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings; and all other powers necessary for the proper administration of the provi sions of this Act.

Section 6. The Board shall keep permanent records of all its ac counts in granting retirement and disability benefits, and shall keep proper records and books concerning the operation of the Board. The Board shall present each year at the beginning of the regular session of the General Assembly an annual financial statement of the System.

Section 7. The Board may take by gift, grant or bequest, any

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money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said System in accor dance with the provisions of this Act.

Section 8. (a) Any person, except as otherwise provided by sub section (b) of this Section, becoming a superior court judge for the first time after December 31, 1976, shall be a member of the Retirement System created by this Act and shall make employee contributions into the Fund as provided for hereinafter. Any judge of the superior court holding office as such on December 31, 1976, who is transferred from the Trial Judges and Solicitors Retirement Fund Act by Section 18 of this Act shall be a member of the Retirement System created by this Act and shall make employee contributions into the Fund as provided
for hereinafter.

(b) Any member of the Superior Court Judges Retirement System created by this Act shall not be eligible to make contributions to the Employees' Retirement System of Georgia created by an Act approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, or to the Superior Court Judges Retirement Fund of Georgia created by the Act creating the Office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended; nor shall any such mem ber be eligible for appointment as Senior Judge pursuant to said Act.

(c) Any judge of the superior court who took office for the first time subsequent to June 30, 1968, and who did not become a member of the Trial Judges and Solicitors Retirement Fund created by the Act ap proved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, shall be a member of the Retirement System created by this Act, and upon the payment of employee contributions into the Fund created by this Act that would have been paid under said Act had he been a member of said retirement fund, plus interest on such contributions at the rate of 6% per annum, shall receive creditable service under this Act for all service as a judge of the superior court.

(d) Any superior court judge holding office on July 1, 1976, who is a member of the Employees' Retirement System of Georgia may elect to become a member of the Retirement System created by this Act. Such election shall be made by not later than December 31, 1976, and any judge so electing shall be required to pay to the Board, on or before December 31, 1976, the employee contributions required by this Act plus interest at the rate of 6% per annum for each full year he has served as a superior court judge. The employee contributions required herein shall be based on the State salary paid to superior court judges at the time the service was rendered. No service for a portion of a calendar year shall be eligible for creditable service under this subsection. Upon making such payments, such service shall be creditable service for the purposes of this Act. Any such superior court judge failing to make the election provided for herein by December 31, 1976, shall not at any time thereafter be eligible to become a member of the Retirement System created by this Act.

(e) Any superior court judge holding office on July 1, 1976, who was eligible for membership in the Superior Court Judges Retirement

TUESDAY, FEBRUARY 24, 1976

1405

Fund of Georgia created by the Act creating the office of Judge of the Superior Courts, Emeritus, but who elected not to become a member of said Retirement Fund, may elect to become a member of the Retirement System created by this Act. Such election shall be made by not later than December 31, 1976, and any judge so electing shall be required to pay to the Board, on or before December 31, 1976, the employee contributions required by this Act plus interest at the rate of 6% per annum for each full year he has served as a superior court judge. The employee contri butions required herein shall be based on the State salary paid to superior court judges at the time the service rendered. No service for a portion of a calendar year shall be eligible for creditable service under this subsection. Upon making such payments, such service shall be creditable service for the purposes of this Act. Any such superior court judge failing to make the election provided for herein by December 31, 1976, shall not at any time thereafter be eligible to become a member of the Retirement System created by this Act.

Section 9. (a) There is hereby created the office of Senior Judge of the Superior Courts, and any judge of the superior courts who retires pursuant to the provisions of this Act shall be a Senior Judge of the Superior Courts, effective on the effective date of his retirement. Any Senior Judge of the Superior Courts, while receiving retirement or disability pay, shall not be eligible for election or appointment to any other office in this State, and such Senior Judges may not practice law while receiving such retirement or disability pay.

(b) Senior Judges may be called upon to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Any such Senior Judge may be subject to designation and assign ment, with his consent, either as additional or substitute judge. Such Senior Judges shall be compensated, in addition to the retirement pay provided for herein, in the amount of $100 per day for such services. In addition to such compensation such judges shall receive their actual expenses and shall receive mileage at the same rate as other State em ployees for such services. Said compensation, expenses and mileage shall be paid from State funds appropriated or otherwise available for the operation of the superior courts upon a certificate by the judge as to the number of days served and the expenses and mileage. Such com pensation shall be in lieu of all other compensation for such services, but shall not affect, diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such judge.

Section 10. (a) The basis for employee contributions to the Fund created by this Act shall be the salaries from State funds provided by law for judges of the superior courts. The Department of Administra tive Services is hereby authorized and directed to deduct monthly from the salary of each judge of the superior court who is a member of the Retirement System created by this Act, seven and one-half percent of such salary to cover the employee contributions to the Fund created by this Act. The Department of Administrative Services is also authorized to make an additional deduction from such salaries to cover any required employee tax for Social Security coverage. The Department of Ad ministrative Services is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, any required employer contribution for

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Social Security coverage on said judges. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the Retirement Fund created by this Act employer contributions, including contributions to fund any creditable service authorized by this Act, which, together with employee contributions and the earnings of the Fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for by this Act.

(b) The deductions from State salaries and allowances payable to judges of the superior courts shall be made notwithstanding that the compensation and allowances fixed by law for such judges shall be re duced thereby. Such judges shall be deemed to consent and agree to the deductions made, and payment of the salary and compensation and al lowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges during the period covered by such payment.

Section 11. (a) Except as otherwise provided herein, any member who has attained the age of seventy years who fails to retire effective on the first day of the calendar month next succeeding that in which he attains the age of seventy years shall forfeit his right to receive any retirement or disability benefits under the provisions of this Act. Not withstanding the foregoing provisions of this subsection, a member who held office as a judge of the superior court on July 1, 1976, shall not be required to retire, regardless of his age, until such member obtains ten years of creditable service to qualify him for early retirement benefits under subsection (a) of Section 12 of this Act.

(b) The maximum retirement benefits shall be based on sixteen years of creditable service and the attainment of age sixty-five. After completing such years of service, and upon attaining age sixty-five, a judge of the superior court shall be entitled to retire and receive a month ly retirement benefit equal to two-thirds of the monthly State salary being paid to superior court judges as hereinafter provided. The monthly State salary on which retirement benefits shall be based shall be the monthly State salary paid to superior court judges at the time of retire ment for a judge with less than sixteen years of creditable service or the monthly State salary paid to superior court judges at the time of com pletion of sixteen years of creditable service for a judge with sixteen or more years of creditable service. After obtaining sixteen years of creditable service, a member shall cease making employee contributions to the Retirement Fund created by this Act.

Section 12. (a) In lieu of retirement at the maximum benefits as provided by subsection (b) of Section 11 of this Act, a member may retire at any time after attaining age 60 and after obtaining a minimum of ten years of creditable service, and the monthly retirement benefit for such early retirement shall be a percentage of the maximum retire ment benefits provided by subsection (b) of Section 11 of this Act. The percentage shall be computed by comparing the number of actual years of service as a superior court judge with the figure sixteen. In no event, however, shall the benefits under this provision exceed 75% of the maxi mum retirement benefits as provided in said subsection (b) of Section 11 of this Act.

TUESDAY, FEBRUARY 24, 1976

1407

(b) A member may retire pursuant to subsection (b) of Section 11 of this Act or pursuant to subsection (a) of this Section by making written application to the Board of Trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing of such application, he desires to be retired.

Section 13. After obtaining a minimum of four years' creditable service, any member who shall become totally and permanently disabled to the extent that he is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit which shall be onehalf of the maximum retirement benefits provided by subsection (b) of Section 11 of this Act, unless the member would qualify for greater benefits under subsection (a) of Section 12 of this Act, in which event that subsection would apply. The disability of any member applying for disability retirement benefits shall be determined by the Board in the same manner and under the same procedure as disability of State em ployees is determined in accordance with the applicable provisions of the Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as the same is now or may hereafter be amended. Disability retirement benefits shall become pay able within thirty days after such disability is determined by the Board as herein provided.

Section 14. If a member ceases to hold office as a superior court judge, he may withdraw the total sum, with interest, at the rate of 6% per annum, which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of the Retire ment System, unless such member shall at a later date hold office as a superior court judge, in which event he shall be reinstated into the System in the same manner as if he had never before been a member of the System. Any such reinstated member shall have the privilege of reestablishing any prior creditable service by making reimbursement of the amount withdrawn plus interest within sixty days of the certifica tion of such amount by the Board of Trustees.

Section 15. (a) Except as otherwise provided by subsection (e) of this Section, each superior court judge who is a member of the Retire ment System created by this Act shall pay an employee contribution, in addition to the employee contribution required by subsection (a) of Section 10 of this Act, of two and one-half percent of the State salary paid to such judge for spouses' benefits as provided hereinafter. The Department of Administrative Services shall be authorized to deduct monthly the employee contributions required herein for spouses' benefits.

(b) If a member subject to this Section, who has attained a mini mum of ten years of creditable service, dies, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse a monthly sum equal to 50% of the retirement benefit which the member was receiving at the time of his death, if retired at such time, or which would have been payable to the member had he retired as of the date of his death or, if the member had not attained age CO at the time of his death, 50% of the retirement bsnefit the member would have received had he lived and retired at age 60.

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(c) Any judge of the superior court becoming a member of the Retirement System created by this Act pursuant to subsections (c), (d) and (e) of Section 8 of this Act, who does not reject spouses' benefits as provided by subsection (e) hereof shall pay to the Board, by not later than December 31, 1976, employee contributions at the rate specified by subsection (a) of this Section, plus interest thereon at the rate of six percent per annum, for all years of service as a superior court judge on the basis of the salary paid to superior court judges from State funds at the time the service was rendered.
(d) Any member of the Retirement System created by this Act who rejects spouses' benefits coverage, or who ceases such coverage pursuant to subsection (j) of this Section, because such member was unmarried at the time of such rejection or because such member's spouse died or because such member ceased to be married shall have the option to elect spouses' benefits within sixty days after becoming married or remarried, as the case may be. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years in order for such member's spouse to qualify for the spouses' benefits provided for by this Section.
(e) A member of the Retirement System created by this Act shall have the right to reject the spouses' benefits provided by this Section by notifying the Board, in writing, of such rejection on a form to be sup plied by the Board. Any superior court judge wishing to reject such benefits who becomes a member of the Retirement System created by this Act on December 31, 1976, shall notify the Board of such rejection by December 31, 1976. Any superior judge wishing to reject such benefits who subsequently becomes a member of the Retirement System created by this Act shall notify the Board of such rejection within 60 days after becoming a superior court judge.
(f) It shall be the duty of the Board to notify judges of the superior courts who are subject to the provisions of this Act of the requirements of this Section.
(g) Should there not be a surviving spouse of a member covered by this Section or if a member not covered by this Section should die before retirement, the amount of accumulated contributions made by such member, with interest thereon, shall be paid to his surviving spouse, if any, or to the living person, if any, nominated by written designation of the member duly executed and filed with the Board of Trustees, other wise to the member's estate.

(h) This Section shall not be construed to require the payment of the additional employee contribution of two and one-half percent for service as a judge of the superior court rendered prior to December 31, 1976, except for those judges subject to the provisions of subsection (c) of this Section.

(i) When a member elects to obtain spouses' benefits as provided herein and such member attains sixteen years of creditable service for regular retirement pursuant to subsection (b) of Section 11 of this Act, such member shall continue to make employee contributions required

TUESDAY, FEBRUARY 24, 1976

1409

herein for spouses' benefits until such time as such member attains sixteen years of creditable service for the purpose of spouses' benefits.

(j) If the spouse of a member dies or if a member ceases to be married, then such member who has elected to obtain spouses' benefits pursuant to this Section may cease making the employee contributions for spouses' benefits required herein. Such member shall notify the Board of Trustees in writing to cease deducting such employee contribu tions within 60 days after the date of the death of the spouse or after the date the member ceases to be married, and upon such notification, no further deductions shall be made. When a member ceases to make such employee contributions as provided herein, there shall be no return of such contributions previously made by such member.

Section 16. (a) Any judge of the superior court who is a member of the Superior Court Judges Retirement Fund of Georgia created by an Act creating the office of Judge of the Superior Courts, Emeritus, ap proved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, and who is not eligible for spouses' benefits under the provisions of said Act shall have the option of electing spouses' benefits coverage under Section 15 of this Act subject to the following requirements:

(1) Such election must be made in writing to the Board by not later than December 31, 1976; and

(2) The judge so electing must pay to the Board, by not later than December 31, 1976, employee contributions at the rate specified by Sec tion 15 of this Act, plus interest thereon at the rate of 6% per annum, for all years of service as a superior court judge on the basis of the salary paid to superior court judges from State funds at the time the service was rendered; and

(3) The judge so electing must pay to the Board employee contri butions specified by Section 15 for service as a superior court judge rendered after December 31, 1976.

(b) The spouse of any such superior court judge electing the spouses' benefits provided for herein shall be entitled to the benefits provided by Section 15 of this Act, as if such superior court judge was a member of the Retirement System created by this Act.

Section 17. The right to a retirement benefit, to the returns of contributions, any optional benefit or any other right accrued or accru ing to any person under the provisions of this Act and the moneys in the Fund created by this Act are hereby exempt from any State, county, or municipal tax, and exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as in this Act specifically otherwise provided.

Section 18. All employer and employee contributions, plus the earnings thereon, made to the Trial Judges and Solicitors Retirement Fund, pursuant to the Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, by or on behalf of judges of the superior courts are

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hereby transferred to the Superior Court Judges Retirement System Fund created by this Act. All judges of the superior courts, who, on December 31, 1976, are members of the Trial Judges and Solicitors Retirement Fund provided by the aforesaid Act, shall become members of the Retirement System created by this Act, effective on December 31, 1976. Any creditable service credited to any such judge of the supe rior courts for service as a judge of the superior courts, pursuant to said Act, on December 31, 1976, shall be deemed to be creditable service for the purposes of this Act, effective December 31, 1976.
Section 19. The State Attorney General shall be the legal advisor of the Board of Trustees.
Section 20. Any person who shall knowingly make any false state ments or shall falsify or permit to be falsified any record or records of the System in any attempt to defraud the System as a result of such an act shall be guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding twelve months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the Fund more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
Section 21. To pay the administrative expense of the Fund, upon the receipt of a request from the Board of Trustees on or after the effec tive date of this Act, and each year thereafter, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount equivalent to one percent of the compensation paid from State funds to the judges of the superior courts of Georgia for personal services rendered by them as reflected by the State Auditor's Report for the previous fiscal year.
Section 22. The Board is hereby authorized and directed to adopt rules and regulations to carry out the provisions of this Act and to dis tribute the same to the judges of the superior courts.

PART II
Section 23. An Act known as the "Trial Judges and Solicitors Re tirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, is hereby amended by striking from subsection (e) of Sec tion 2 the following:
"superior court judge",
so that when so amended, subsection (e) of Section 2 shall read as fol lows :

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1411

"(e) 'Creditable Service' means service performed as a con tributing member of the Fund after June 30, 1968, while a solicitor general or judge or solicitor of an inferior court, and service per formed prior to June SO, 1968, as judge or solicitor of an inferior court when employer and employee contributions for such prior service are paid into said Fund as provided for in this Act."

Section 24. 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. (a) There is hereby created the Trial Judges and Solicitors Retirement Fund which shall be administered by the Board of Trustees of the Employees' Retirement System of Georgia; pro vided, however, that only for the purpose of administering said Fund, one district attorney shall be an ex officio member of the Board of Trustees of the Employees' Retirement System and shall be elected as hereinafter provided.

(b) The ex officio member who shall be a district attorney shall be elected annually by the District Attorneys Association of Georgia. The first such district attorney shall be elected at the regular June, 1968, meeting of the District Attorneys Association of Georgia, and the term of office as an ex officio member on said Board shall begin on July 1, 1968, and expire on June 30, 1969. Subsequent members shall be elected or reelected annually thereafter at the June meeting of such Association, and shall take office on July 1, following their election."

Section 25. Said Act is further amended by striking subsections (a), (b), and (c) of Section 8 in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) of Section 8 to read as fol lows:

"Section 8. (a) Any person, except as otherwise provided in subsection (c) of this Section, becoming a district attorney for the first time, or a judge or solicitor of an inferior court, after June 30, 1968, shall be a member of the Trial Judges and Solicitors Retire ment Fund, and shall begin making employee contributions into said Fund as provided for hereinafter.

(b) Any district attorney except as otherwise provided in sub section (c) of this Section, whose office was created at the regular 1968 session of the General Assembly shall be a member of the Trial Judges and Solicitors Retirement Fund and shall not be eligible to become a district attorney, emeritus and shall begin making em ployee contributions into said Fund as provided for hereinafter.

(c) Any member of the General Assembly who has been in con tinuous service as such since the convening of the General Assembly in January, 1957, and who, without any break in such service, be comes a district attorney, by election or appointment, shall be eligible to become a district attorney, emeritus, as the case may be,

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JOURNAL OF THE SENATE,

regardless of the time at which any such member becomes a district attorney."

Section ,26. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:

"Section 11. (a) The basis for employer and employee contri butions to said Fund with respect to district attorneys shall be the salaries from State funds provided by law for such district at torneys, and the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to deduct monthly from such salaries ten percent of such amount to cover employee contri butions to the Fund. The Fiscal Division of the Department of Ad ministrative Services is also directed to make an additional deduc tion to cover the required employee tax for Social Security coverage. The Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, the required employer contribution for Social Security coverage on said district attorneys. From funds appropriated or otherwise available for the operation of superior courts, the Fiscal Division of the Department of Administrative Services is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount contributed monthly by the district attorneys.

(b) The deductions from State salaries and allowances payable to district attorneys shall be made notwithstanding that the compen sation and allowances fixed by law for such district attorneys shall be reduced thereby. Such district attorneys shall be deemed to con sent and agree to the deductions made, and payment of the salary and compensation and allowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such district attorneys during the period covered by such payment."
Section 27. Said Act is further amended by striking from Section 18 the following:
"judge of the superior court or",
and by striking from said Section the following:
"judges and",
so that when so amended, Section 18 shall read as follows:
"Section 18. After obtaining a minimum of ten years' credit able service, any member may retire on a monthly retirement benefit upon written application to the Board of Trustees setting forth at what time, not less than thirty days nor more than ninety days, subsequent to the execution and filing thereof, he desires to be

TUESDAY, FEBRUARY 24, 1976

1413

retired, provided the member at the time so specified for retirement has attained age sixty-five. The maximum retirement benefits shall be based on twenty-five years of service as a contributing member of said Fund and the attainment of age sixty-five, no further em ployee or employer contributions shall be paid into said Fund. Any district attorney, while receiving retirement pay, shall not be eligible for election or appointment to any other office in this State, and such district attorneys may not practice law while receiving such retirement pay. Any judge or solicitor of an inferior court, while receiving retirement pay, shall not be eligible for election or appointment to any other office in this State and may not practice law while receiving retirement pay unless he was authorized to en gage in the private practice of law while actively serving as such judge or solicitor. Upon retirement, a member shall receive a month ly benefit which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement and a matching monthly benefit derived from contributions of the employer based on actuarial tables adopted by the Board as recommended by its actuary."

Section 28. Said Act is further amended by striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows:

"Section 27. To pay the administrative expense of the Fund, upon the receipt of a request from the Board of Trustees on or after the effective date of this Act, and each year thereafter, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or other wise available for the operation of the superior courts of the State, into the Fund an amount equivalent to two percent (2%) of the compensation paid from State funds to the district attorneys of the superior courts of Georgia for personal services rendered by them as reflected by the State Auditor's Report for the previous fiscal year."
Section 29. Said Act is further amended by striking from Section 29 the following:
"judges and solicitors general of the superior courts",
and inserting in lieu thereof the following:
"district attorneys",

so that when so amended Section 29 shall read as follows:

"Section 29. The Board is hereby authorized and directed to adopt rules and regulations to carry out the provisions of this Act and to distribute the same to the district attorneys, to the judges and solicitors of inferior courts and to the governing authorities paying the cost of the operation of the inferior courts prior to the time employee and employer contributions shall become payable as pro vided in this Act."

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PART III

Section 30. The words "judge of the superior courts, emeritus" or "judges of the superior courts, emeritus" or "judge, emeritus" or "judges, emeritus", when referring to any judge or judges of the supe rior courts, emeritus, are hereby stricken wherever the same appear in an Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, or in any other law of this State, and the words, "Senior Judge of the Supe rior Courts" or "Senior Judges of the Superior Courts" or "Senior Judge" or "Senior Judges", respectively, are hereby inserted in lieu of such stricken words.

Section 31. An Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. Laws 1946, p. 228), an Act approved February 16, 1950' (Ga. Laws 1950, p. 341), an Act approved February 21, 1951 (Ga. Laws 1951, p. 493), an Act approved February 15, 1952 (Ga. Laws 1952, p. 293), an Act approved December 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 108), an Act approved February 8, 1955 (Ga. Laws 1955, p. 152), an Act approved February 28, 1956 (Ga. Laws 1956, p. 380), an Act ap proved February 21, 1957 (Ga. Laws 1957, p. 82), an Act approved March 13, 1957 (Ga. Laws 1957, p. 486), an Act approved March 25, 1958 (Ga. Laws 1958, p. 318), an Act approved March 17, 1959 (Ga. Laws 1959, p. 301), an Act approved March 3, 1960 (Ga. Laws 1960, p. 161), an Act approved April 5, 1961 (Ga. Laws 1961, p. 429), an Act approved March 18, 1964 (Ga. Laws 1964, p. 720), an Act approved March 2, 1965 (Ga. Laws 1965, p. 102), an Act approved March 11, 1968 (Ga. Laws 1968, p. 275), an Act approved March 11, 1970 (Ga. Laws 1970, p. 249), an Act approved April 17, 1973 (Ga. Laws 1973, p. 785), is hereby amended by striking Section 1 in its entirety and in serting in lieu thereof a new Section 1 to read as follows:

"Section 1. There is hereby created the office of Senior Judge of the Superior Courts. Any judge of the superior court who was appointed Judge of the Superior Courts, Emeritus prior to July 1, 1975, is hereby redesignated as Senior Judge of the Superior Courts effective December 31, 1976. Any judge of the superior court eligible for appointment as Judge of the Superior Courts, Emeritus on December 31, 1976, or who becomes eligible after said date shall be designated as Senior Judge of the Superior Courts upon accepting such appointments."

Section 32. Said Act is further amended by adding at the end of the first paragraph of Section 2 the following:

"Likewise, any Judge of the Superior Court of the State of Georgia shall be eligible for appointment to Senior Judge of the Superior Courts, for early retirement with reduced benefits who shall have attained the age of sixty-five (65) years and who shall have completed ten years of actual service as a Judge of the Supe rior Court, as distinguished from creditable service."

TUESDAY, FEBRUARY 24, 1976

1415

Section 33. Said Act is further amended by striking Section 5A in its entirety and inserting in lieu thereof a new Section 5A, to read as follows:

"Section 5A. Senior Judges, while serving as judges of the superior courts as herein provided, shall receive compensation in the amount of $100 per day. In addition to such compensation, such Senior Judges shall receive their actual expenses and shall receive mileage at the same rate as other State employees for such services. Said compensation, expenses and mileage shall be paid from State funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the Senior Judge as to the number of days served and the expenses and mileage. Such compen sation shall be in lieu of all other compensation for such services, but shall not affect, diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such Senior Judge."

Section 34. Said Act is further amended by striking paragraph (1) of Section 10(b), which reads as follows:.

"(1) He has reached the age of sixty-eight (68) years and has has for a period of ten (10) years made payments to said fund at the rate herein specified and has been appointed Judge of the Superior Court Emeritus, as provided in Section 2 of this Act; or",

and inserting in lieu thereof a new subsection (1) of Section 10i(b), to read as follows:

"(1) He has reached the age of sixty-five (65) years and has completed ten years of service as a Judge of the Superior Courts of this State, as distinguished from creditable service, and has for the period of his service as such judge made payments to the retirement fund at the rate herein specified, and has been appointed as a Senior Judge of the Superior Courts, as provided in Section 2 of this Act;

Section 35. Said Act is further amended by striking paragraph (1) of Section 11 (b) which reads as follows:
"(1) Any judge of the superior court of the State of Georgia who shall have attained the age of 68 years and shall be in at least his 10th year of service as a judge of the superior court of this State; or",
and inserting in lieu thereof a new subsection (1) of Section 11 (b) to read as follows:
"(1) He has reached the age of sixty-five years and has com pleted ten years of service as a judge of the superior courts of this State, as distinguished from creditable service, and has for the period of his service as such judge made payments to the re tirement fund at the rate herein specified, and has been appointed under this Act as a Senior Judge of the Superior Courts, as pro vided in Section 2 of this Act; or".

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Section 36. Said Act is further amended by striking paragraph (1) of subsection (b) of Section 12, which reads as follows:

"(1) Any judge of the superior court of the State of Georgia who shall have attained the age of seventy years and shall be in at least his eleventh year of service as a judge of the superior court;

and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Any judge of the superior courts of the State of Georgia who shall have attained the age of sixty-five years and shall have completed ten years of actual service as a judge of the superior courts; or".
Section 37. An Act providing the duties and expenses of the judges emeritus of the superior courts, approved March 5, 1962 (Ga. Laws 1962, p. 547), as amended, is hereby amended by striking Section 3A in its entirety and inserting in lieu thereof a new Section 3A to read as follows:
"Section 3A. Senior Judges, while serving as Judges of the superior courts as herein provided, shall receive compensation in the amount of $100 per day. In addition to such compensation such Senior Judges shall receive their actual expenses and shall receive mileage at the same rate as other State employees for such serv ices. Said compensation, expenses and mileage shall be paid from State funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the Senior Judge as to the number of days served and the expenses and mileage. Such compensation shall be in lieu of all other compensation for such services, but shall not affect, diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such Senior Judge."
Section 38. Wherever any law of this State uses the words "Senior Judge" to refer to any judge of the superior court who is holding office as an active judge of the superior court, such words are hereby stricken, and the words "Chief Judge" are hereby inserted in lieu of such stricken words. The words "Senior Judge of the Superior Courts" or "Senior Judge" shall refer only to Senior Judges of the Superior Court designated as such pursuant to the provisions of the Act known as the "Act Creating the Superior Court Judges Retirement System" or the Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended.
Section 39. The provisions of this Act shall not deny or abridge any right, benefit, option, credit or election to which any person was en titled under the provisions of the "Trial Judges and Solicitors Retire ment Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, or an Act providing for the creation of the office of judge of the superior courts, emeritus, and creating the Superior Court Judges Retirement Fund of Georgia, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, or under any other applicable Act of the General

TUESDAY, FEBRUARY 24, 1976

1417

Assembly of Georgia, and any action taken pursuant to this Superior Court Retirement System Act or paying any funds to any retirement board or system that may be designated in said Act and any action taken pursuant to any Section of this Act shall not be considered as a waiver of the rights of any person, including the rights enumerated in Georgia Code Annotated Number 24-2616 (a) or any Act or Section of the aforesaid Emeritus Act of 1945, as amended, and constituted as the law of the State of Georgia prior to the enactment of this Superior Court Judges Retirement System Act. The purpose of this Section is to protect rights which are vested and not to create any new rights.

Section 40. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other Sections, subsections, sentences, clauses, or phrases of this Act, which shall re main 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 hereby de clares 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 41. This Act shall be effective for administrative purposes on July 1, 1976. For all other purposes, this Act shall become effective on December 31, 1976.

Section 42. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coverdell of the 40th offered the following amendment:

Amend the Senate Committee substitute to HB 308 by striking on Page 7, lines 6 and 7, the following:

", except as otherwise provided by subsection (b) of this Sec tion,".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the committee substitute, the yeas were 35, nays 1, and the committee substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cover dell Dean of 31st Duncan Fincher Poster Garrard Hamilton of 26th Hamilton of 34th

Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley

Robinson Russell Shapard Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barker

Eldridge

Sutton

Those not voting were Senators:

Ballard Dean of 6th Doss

Gillis Howard

McGill Starr

On the passage of the bill, the yeas were 46, nays 3.

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

HB 1377. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th:
Senate Sponsor: Senator Russell of the 10th.
A bill to amend Code Section 92-6912, relating to county boards of equalization so as to change the time within which a notice of appeal must be filed with the local board of tax assessors by residents 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, a roll call was taken, and the vote was as follows:

TUESDAY, FEBRUARY 24, 1976

1419

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Tysinger Warren Young

Those not voting were Senators:

Ballard Dean of 31st

Howard McDowell

Starr Turner

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A. M. tomorrow, and the motion prevailed.

At 11:30 o'clock A. M., the President announced the Senate adjourned until 9:30 o'clock A. M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, February 25, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 1760. By Representative Russell of the 64th:
A bill to recreate and establish a Board of Commissioners of Barrow County; to provide for the powers of such Board; to establish qualifications for membership on the Board; to provide for election of Board members from road districts; to designate road districts.

HB 1762. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to provide for the election of the Board of Education of Long County; to provide that the Board of Education of Long County shall be composed of five members; to provide for education districts.

HB 1768. By Representative Smith of the 78th:
A bill to amend an Act creating a new city charter for the City of Barnesville so as to change the provisions relative to the punishments for violations of the laws and ordinances of said city.
HB 1774. By Representative Games of the 43rd:
A bill to amend an Act providing for a Chief Deputy Clerk of the Criminal Court of Fulton County and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County.
HB 1825. By Representative Sizemore of the 136th:
A bill to amend an Act creating a Small Claims Court in certain counties so as to change the jurisdiction of such courts; to change filing fees and costs for such courts; to provide an effective date.

WEDNESDAY, FEBRUARY 25, 1976

1421

HB 1851. By Representatives Clark and Milford of the 13th:
A bill to amend an Act creating the office of Commissioner of Franklin County and an advisory board so as to change the compensation of the advisory board; to provide an effective date.

HB 1861. By Representative Smith of the 42nd:
A bill to amend an Act establishing a new Charter for the City of Palmetto so as to provide for the election of councilmen by council seat position.

HB 1879. By Representative Clifton of the 107th:
A bill to amend an Act incorporating the Town of Hardwicke in Bryan County so as to change the corporate limits of said town; to provide for an intendant and commissioners; to provide for elections; to provide for oaths.

HB 1885. By Representatives Evans of the 99th, Banks of the 104th, Randall of the 101st and others:
A bill to create the offices and provide for the appointments of one First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys of the Macon Judicial Circuit.

HB 1895. By Representative Canty of the 38th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the corporate limits of said City.

HB 1928. By Representatives Kreeger and Burruss of the 21st and others:
A bill to amend an Act creating a new charter for the City of Dallas so as to change the corporate limits of said city.

HB 1936. By Representatives Peters of the 2nd and Leonard of the 3rd:
A bill to amend an Act creating a board of utility commissioners for Catoosa County so as to provide that the powers and duties of the Board of Utilities Commissioners for Catoosa County shall extend to and include sewer facilities in the same manner as the powers and duties heretofore vested in said Board over water facilities.

HB 1945. By Representatives Carlisle and Mostiler of the 71st:
A bill to fix the salaries of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court in all counties of this State having a population of not less than 35,000 and not more than 44,000; to provide for the payment of such salaries out of county funds.

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JOURNAL OF THE SENATE,

HB 1946. By Representatives Smith of the 78th and Tucker of the 73rd:
A bill to create and establish a small claims court for Butts County to be known as the Small Claims Court of Butts County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 1949. By Representative Carr of the 105th:
A bill to amend an Act creating a Board of Commissioners of Glascock County so as to change the method of electing the Chairman of the Board of Commissioners of Glascock County.

HB 1950. By Representative Carr of the 105th:
A bill to amend an Act creating a Board of Commissioners of Glascock County so as to change the compensation of the chairman and other members of the board of commissioners of said county; to provide an effective date.

HB 1951. By Representative Carr of the 105th:
A bill to amend an Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County so as to change the supplement to the compensation of the Judge of the Probate Court of Glascock County; to provide an effective date.

HB 1952. By Representative Carr of the 105th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County so as to change the compensation of the tax Commissioner.
HB 1953. By Representative Carr of the 105th:
A bill to amend an Act fixing the salary of the Treasurer of Glascock County so as to change the compensation of the treasurer of said county.
HB 1955. By Representatives Connell of the 87th, Miles of the 86th, Sams of the 90th and others:
A bill to amend an Act regulating public instruction in the County of Richmond so as to provide for the interim filling of the vacancy of the office of Superintendent of Schools of Richmond County resulting from death, resignation or otherwise until said vacancy has been filled by the Board.

HB 1961. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act creating the office of tax commissioner of Bartow County so as to change the compensation of the tax com missioner of Bartow County; to provide an effective date.

WEDNESDAY, FEBRUARY 25, 1976

1423

HB 1962. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the sheriff of Bartow County; to provide an effective date.

HB 1963. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the clerk of the superior court of Bartow County; to provide an effective date.

HB 1964. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the judge of the probate court of Bartow County; to provide an effective date.

HB 1965. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the commissioner of Bartow County.

SB 591. By Senator Kidd of the 25th:
A bill to create and establish a Small Claims Court of Hancock County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the judge of such small claims court; to repeal conflicting laws.

SB 592. By Senator Kidd of the 25th:
A bill to repeal an Act creating and establishing a small claims court in each county having a population of not less than 9,977 and not more than 10,140 according to the official United States Decennial Census of 1960 or any future such census, as amended; to provide an effective date; to repeal conflicting laws.

HB 1571. By Representatives Marcus of the 26th, Harris of the 8th and Murphy of the 18th:
A bill to amend an Act known as the "Georgia Fiscal Note Act", approved April 25, 1975, so as to be covered under the provisions of the Act, bills changing the anticipated revenue or expenditure level of the various agencies of State Government must have a significant impact.

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JOURNAL OP THE SENATE,

SB 126. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans repayable in monthly, quarterly or yearly installments, as amended, so as to change the legal rate of interest on such loans to authorize lenders to charge a service fee on such loans in addition to interest.

HB 407. By Representatives Wood of the 9th, Snow of the 1st, Cole of the 6th and others:
A bill to comprehensively and exhaustively revise, classify, modernize and supersede present laws related to accountants and public account ing; to enact and establish new laws relating thereto to be known as the "Public Accountancy Act of 1975".

HB 918. By Representative Larsen of the 27th:
A bill to amend Code Section 53-503, providing a wife is a feme sole as to her separate estate, as amended by an Act approved Mar. 14, 1969, so as to authorize a married woman to act as a surety on bail bonds in criminal cases for persons other than her husband.

HB 836. By Representatives Snow and Hays of the 1st:
A bill to amend an Act known as the "Housing Authorities Law", approved March 30, 1937, so as to change the provisions relating to powers of the authority; to authorize such authorities, within their area of operation; to prepare, carry out, acquire, lease and operate housing projects.
HB 1033. By Representative Lambert of the 112th:
A bill to amend an Act approved Apr. 6, 1972, relating to state wide system of gathering information for uniform property taxation and the employment of county staff appraisers thereunder so as to provide State salary supplements for those county appraisers who meet certain additional professional qualifications.
HB 1266. By Representatives Noble of the 48th, Marcus of the 26th, Miles of the 86th and others:
A bill to regulate occupational therapy; to provide for a short title; to provide for a declaration of purpose; to provide for definitions; to provide for the Georgia State Board of Occupational Therapy, its establishment, terms of office, vacancies, and removal of members.
HB 1428. By Representatives Davis and Tolbert of the 56th and others:
A bill to amend Code Title 92, relating to public revenue, as amended, so as to require certain information to be included on notices of taxes

WEDNESDAY, FEBRUARY 25, 1976

1425

due and notices of assessments sent to taxpayers of counties and municipalities.

HB 1513. By Representatives Crawford of the 5th, Snow and Hays of the 1st and others:
A bill to authorize the Governor to convene a committee to be composed of himself, the Chief Justice of the Supreme Court and the Chairman of the Judicial Council of Georgia to ascertain whether or not any district attorney is incapacitated and unable to perform the duties of his office by reason of sickness or other providential cause and thus unable to perform the duties of his office.

HB 1517. By Representatives Taggart of the 125th, Carlisle of the 71st, Snow of the 1st and others:
A bill to amend Code Section 30-127 relating to custody of children as amended, to amend Code Section 50-121, relating to how a wife or child may be disposed of in habeas corpus proceedings, and to amend Code Section 74-107, relating to custody of minor children and the dis cretion of the court as to custody of minor children.

HB 1541. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to amend an Act creating the Georgia Ports Authority so as to provide Ports Authority Security Guards with arrest powers on Ports authority property; to provide applicability of State traffic laws to Ports Authority property.

HB 1550. By Representatives Smith of the 78th and Jessup of the 117th:
A bill to repeal an Act relating to the presentation of tax affidavits with applications for automobile license tags; to provide an effective date.

HB 1628. By Representatives Mostiler and Carlisle of the 71st and others:
A bill to amend an Act known as "The Dealers in Used Motor Vehicle Parts Registration Act" so as to change certain definitions.

HB 1694. By Representative Lane of the 40th:
A bill to amend an Act known as the Georgia Peace Officer Standards and Training Council Act so as to add certain requirements to the qualifications for peace officers.

HB 1706. By Representative Connell of the 87th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that the State Revenue Commissioner may by regulation provide for the collec-

1426

JOURNAL OP THE SENATE,

tion of taxes imposed on distilled spirits through the use of a reporting system rather than through the use of revenue stamps.

HB 1707. By Representative Connell of the 87th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide for Metric Standards of Measurement in determining the amount of distilled spirits which may be lawfully sold or possessed in certain circumstances.

HB 1847. By Representative Greer of the 43rd:
A bill to amend .Code Chapter 26-27 relative to gambling and related offenses so as to provide certain exceptions with respect to printed materials and related advertising materials for shipment out of the State of Georgia to governmental bodies lawfully using such materials.

HB 1886. By Representatives Ware of the 68th and Wood of the 9th:
A bill to amend an Act known as the "Insurance Premium Finance Company Act", so as to provide that, regardless of the method of rout ing, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due under the contracts.

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

HR 56. By Representative Glover of the 32nd:
A resolution proposing an amendment to the Constitution so as to repeal an amendment ratified June 12, 1937, directing certain counties to levy a county wide tax not exceeding 1% mills for educational purposes when requested to do so by the Board of Education of such counties.

HR 719. By Representative Tucker of the 73rd:
A resolution proposing an.amendment to the Constitution so as to vest the law enforcement powers of Henry County in the Sheriff of Henry County and to provide that the governing authority of Henry County shall not be authorized to create a county police department or other wise employ personnel for law enforcement purposes and to provide for budgeting, boards of arbitration and other matters relative thereto.

HR 747. By Representatives Carnes and Horton of the 43rd and Adams of the 36th:
A resolution proposing an amendment to the Constitution to create within Fulton County the Fulton County Industrial Tax District; to provide for the submission of this amendment for ratification or re jection.

WEDNESDAY, FEBRUARY 25, 1976

1427

HR 753. By Representatives Jackson, Whitmire and Wood of the 9th:
A resolution proposing- an amendment to the Constitution so as to provide for staggered terms of office for the members of the Board of Education of Hall County.

HR 754. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A resolution proposing an amendment to the Constitution to establish the Downtown Athens Development Authority, so as to provide that the Authority, subject to the approval of the Mayor and Council of the City of Athens, shall have the right and power of eminent domain.

HR 776. By Representatives Murphy of the 18th, Howard, Cooper, and Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Paulding County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvement thereon with powers of sale upon default of any condition, provision or obliga tion thereof.

HR 777. By Representatives Gignilliat of the 122nd, Battle of the 124th, Taggart of the 125th and others:
A resolution proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes in Chatham County.

HR 600. By Representatives Mann, Clark and Milford of the 13th:
A resolution authorizing the State Librarian to furnish the Elbert County Law Library with certain books.

HR 663. By Representatives Lambert of the 112th and Carlisle of the 71st:
A resolution authorizing and empowering the State Properties Com mission, acting for and on behalf of and in the name of the State of Georgia, to sell or lease, through negotiation or sealed bid and on such terms and conditions as the State Properties Commission shall deem to be in the best interest of, and most advantageous to, the State of Georgia, certain State-owned improved real property located in the City of Chattanooga, Hamilton County, Tennessee; providing an effec tive date.

HR 669. By Representatives Karrh of the 106th and Clifton of the 107th:
A resolution authorizing the conveyance of certain State-owned real property located within Emanuel County to the City of Swainsboro;

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JOURNAL OP THE SENATE,

authorizing the sale and transfer of certain State-owned surplus personal property to the City of Swainsboro.

HR 744. By Representative Hudson of the 137th:
A resolution authorizing the conveyance of certain State-owned real property located within Irwin County to Irwin County; authorizing the sale and transfer of certain State-owned surplus personal property to Irwin County.

HR 3'98. By Representatives Collins of the 144th, Mullinax of the 69th, Murphy of the 18th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of each county and municipality, subject to the approval of the electors of such political subdivisions, to exempt tangible personal property which is in transit from ad valorem taxation.

HR 599. By Representatives Murphy of the 18th, Harris of the 8th, Collins of the 144th and others:
A resolution proposing an amendment to the Constitution so as to create and provide the membership of the Georgia Building Authority; to provide for the submission of this amendment for ratification or rejection.

The House has agreed to the Senate amendments to the following bill and resolutions of the House:

HB 784. By Representative Greer of the 43rd:
A bill to amend an Act relating to malt beverage taxes so as to make it unlawful for any person, firm or corporation to possess or transport more than 1440 fluid ounces of malt beverages upon which the taxes imposed on such beverages have not been paid.

HR 228. By Representatives Elliott of the 49th, Adams of the 14th, Kilgore of the 65th and others:
A resolution authorizing and directing the State Department of Trans portation to develop a plan for the creation of a single organizational unit to control the Metropolitan Atlanta Expressway system.
HR 527. By Representatives Culpepper of the 98th, Walker of the 115th, Smith of the 78th and others:
A resolution designating a portion of U. S. Highway 41 and a portion of U. S. Highway 341 as the "Peach Blossom Trail".
The House has passed by the requisite constitutional majority the following bill of the House:

WEDNESDAY, FEBRUARY 25, 1976

1429

HB 1920. By Representatives Murphy of the 18th, Burruss of the 21st, Cole of the 6th and others:
A bill to authorize the Georgia Building Authority, its security personnel and certain law enforcement officers to exercise certain powers and authority upon the properties and buildings of the Authority; to provide the procedures connected therewith; to provide for penalties.

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

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limitations relative to certain actions; to repeal conflicting laws.

The House has adopted the following resolution of the House:

HR 816. By Representatives Kreeger of the 21st, Cooper of the 19th, Wilson of the 19th and others:
A resolution commending the South Cobb Athletic Association Pee Wee Vipers Football team.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 797. By Representative Evans of the 99th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide for special purpose grand juries in certain additional counties.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 179. By Representatives Buck of the 95th and Childs of the 51st:
A bill to amend an Act establishing the Employees Retirement System of Georgia so as to provide that certain members of the Employees Retirement System of Georgia not now eligible for group term life insurance may become eligible for same under certain conditions.

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the House:

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JOURNAL OF THE SENATE,

HR 69. By Representatives Murphy of the 18th, Lee of the 72nd, Vaughn of the 57th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Lee of the 72nd, Buck of the 95th and Walker of the 115th:

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 696. By Senator Kidd of the 25th:
A bill to amend the Georgia Peace Officers' Standards and Training Act, as amended, so as to change the qualifications of peace officers. Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 697. By Senator Ballard of the 45th:
A bill to amend an Act providing that it shall be unlawful for any person to fire or discharge any firearm on Sunday with certain exceptions, so as to change the provisions relative to exceptions. Referred to Committee on Judiciary.
SB 698. By Senator Dean of the 31st:
A bill to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, as amended, so as to change the date for regular city elections; to repeal the provisions prohibiting political activities by officers and employees of the city. Referred to Committee on County and Urban Affairs.
SR 385. By Senator Kidd of the 25th:
A resolution urging the Postmaster General to issue a commemorative stamp in celebration of the 150th anniversary of the discovery of gold in north Georgia. Referred to Committee on Rules.

SR 387. By Senators Ballard of the 45th, Dean of the 31st, Summers of the 53rd and others:
A resolution creating the Full Employment in Georgia Study Committee. Referred to Committee on Industry, Labor and Tourism.

WEDNESDAY, FEBRUARY 25, 1976

1431

SR 388. By Senators Eldridge of the 7th, Holloway of the 12th and Riley of the 1st:
A resolution to amend the Rules of the Senate. Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1760. By Representative Russell of the 64th:
A bill to create and establish a Board of Commissioners of Barrow County; to provide for the powers of such Board; to establish qualifi cations for membership on the Board; to provide for election of Board members from road districts; to designate road districts. Referred to Committee on County and Urban Affairs.

HB 1762. By Representatives Rush of the 121st and Eraser of the 139th:
A bill to provide for the election of the Board of Education of Long County; to provide that the Board of Education of Long County shall be composed of five members; to provide for education districts. Referred to Committee on County and Urban Affairs.

HB 1768. By Representative Smith of the 78th:
A bill to amend an Act creating a new city charter for the City of Barnesville so as to change the provisions relative to the punishments for violations of the laws and ordinances of said city. Referred to Committee on County and Urban Affairs.

HB 1774. By Representative Games of the 43rd:
A bill to amend an Act providing for a Chief Deputy Clerk of the Criminal Court of Fulton County and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County. Referred to Committee on County and Urban Affairs.

HB 1825. By Representative Sizemore of the 136th:
A bill to amend an Act creating a Small Claims Court in certain counties so as to change the jurisdiction of such courts; to change certain filing fees and costs for such courts; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 1851. By Representatives Clark and Milford of the 13th:
A bill to amend an Act creating the office of Commissioner of Franklin County and an advisory board so as to change the compensation of the advisory board; to provide an effective date. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1861. By Representative Smith of the 42nd:
A bill to amend an Act establishing a new Charter for the City of Palmetto so as to provide for the election of councilmen by council seat position. Referred to Committee on County and Urban Affairs.

HB 1879. By Representative Clifton of the 107th:
A bill to amend an Act incorporating the Town of Hardwicke in Bryan County so as to change the corporate limits of said town; to provide for an intendant and commissioners; to provide for elections; to provide for oaths. Referred to Committee on County and Urban Affairs.

HB 1885. By Representatives Evans of the 99th, Banks of the 104th, Randall of the 101st and others:
A bill to create the offices and provide for the appointments of one First Assistant District Attorney, Assistant District Attorneys, and Deputy Assistant District Attorneys of the Macon Judicial Circuit. Referred to Committee on County and Urban Affairs.

HB 1895. By Representative Canty of the 38th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the corporate limits of said City. Referred to Committee on County and Urban Affairs.

HB 1928. By Representatives Kreeger and Burruss of the 21st, Cooper, Howard and Wilson of the 19th and Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Dallas so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 1936. By Representatives Peters of the 2nd and Leonard of the 3rd:
A bill to amend an Act creating a board of utility commissioners for Catoosa County so as to provide that the powers and duties of the Board of Utilities Commissioners for Catoosa County shall extend to and include sewer facilities in the same manner as the powers and duties heretofore vested in said Board over water facilities. Referred to Committee on County and Urban Affairs.

HB 1945. By Representatives Carlisle and Mostiler of the 71st:
A bill to fix the salaries of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court in all counties of this State having

WEDNESDAY, FEBRUARY 25, 1976

1433

a population of not less than 35,000 and not more than 44,000; to provide for the payment of such salaries out of county funds.
Referred to Committee on County and Urban Affairs.

HB 1946. By Representatives Smith of the 78th and Tucker of the 73rd:
A bill to create and establish a small claims court for Butts County to be known as the Small Claims Court of Butts County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court. Referred to Committee on County and Urban Affairs.

HB 1949. By Representative Carr of the 105th:
A bill to amend an Act creating a Board of Commissioners of Glascock County so as to change the method of electing the Chairman of the Board of Commissioners of Glascock County. Referred to Committee on County and Urban Affairs.

HB 1950. By Representative Carr of the 105th:
A bill to amend an Act creating a Board of Commissioners of Glascock County so as to change the compensation of the chairman and other members of the board of commissioners of said county; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1951. By Representative Carr of the 105th:
A bill to amend an Act providing for a supplement to the compensation of the Judge of the Probate Court of Glascock County so as to change the supplement to the compensation of the Judge of the Probate Court of Glascock County; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1952. By Representative Carr of the 105th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1953. By Representative Carr of the 105th:
A bill to amend an Act fixing the salary of the Treasurer of Glascock County so as to change the compensation of the treasurer of said county; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1955. By Representatives Connell of the 87th, Miles of the 86th, Sams of the 90th and others:
A bill to amend an Act regulating public instruction in the County of Richmond so as to provide for the interim filling of the vacancy

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JOURNAL OF THE SENATE,

of the office of Superintendent of Schools of Richmond County resulting from death, resignation or otherwise until said vacancy has been filled by the Board.
Referred to Committee on County and Urban Affairs.

HB 1961. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act creating the office of tax commissioner of Bartow County so as to change the compensation of the tax commissioner of Bartow County; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1962. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the sheriff of Bartow County; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1963. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the clerk of the superior court of Bartow County; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1964. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the judge of the probate court of Bartow County; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 1965. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary so as to change the compensation of the commissioner of Bartow County. Referred to Committee on County and Urban Affairs.
HB 407. By Messrs. Wood of the 9th, Snow of the 1st, Cole of the 6th, and others:
A bill to comprehensively and exhaustively revise, classify, modernize and supersede present laws related to accountants and public account ing; to enact and establish new laws relating thereto to be known as the "Public Accountancy Act of 1975". Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 25, 1976

1435

HB 836. By Representative Russell of the 53rd:
A bill to amend an Act known as the "Housing Authorities Law", approved March 30, 1937, so as to change the provisions relating to powers of the authority; to authorize such authorities, within their area of operation; to prepare, carry out, acquire, lease and operate housing projects. Referred to Committee on County and Urban Affairs.

HB 918. By Representative Larsen of the 27th:
A bill to amend Code Section 53-503, providing a wife is a feme sole as to her separate estate, as amended by an Act approved Mar. 14, 1969, so as to authorize a married woman to act as a surety on bail bonds in criminal cases for persons other than her husband. Referred to Committee on Judiciary.

HB 1033. By Representative Lambert of the 112th:
A bill to amend an Act approved Apr. 6, 1972 relating to statewide system of gathering information for uniform property taxation and the employment of county staff appraisers thereunder so as to provide State salary supplements for those county appraisers who meet certain additional professional qualifications. Referred to Committee on Banking, Finance and Insurance.

HB 1266. By Representatives Noble of the 48th, Marcus of the 26th, Richardson of the 52nd and others:
A bill to regulate occupational therapy; to provide for a short title; to provide for a declaration of purpose; to provide for definitions; to provide for the Georgia State Board of Occupational Therapy, its establishment, terms of office, vacancies, and removal of members.
Referred to Committee on Human Resources.

HB 1428. By Representatives Davis and Tolbert of the 56th, Harden of the 154th, and others:
A bill to amend Code Title 92, relating to public revenue, as amended, so as to require certain information to be included on notices of taxes due and notices of assessments sent to taxpayers of counties and municipalities. Referred to Committee on Banking, Finance and Insurance.

HB 1513. By Representatives Crawford of the 5th, Snow and Hays of the 1st, and others:
A bill to authorize the Governor to convene a committee to be composed of himself, the Chief Justice of the Supreme Court and the Chairman of the Judicial Council of Ga. to ascertain whether or not any district attorney is incapacitated and unable to perform the duties of his office

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JOURNAL OP THE SENATE,

by reason of sickness or other providential cause and thus unable to perform the duties of his office.
Referred to Committee on Judiciary.

HB 1517. By Representatives Taggart of the 125th, Carlisle of the 71st, Snow of the 1st, and others:
A bill to amend Code Section 30-127 relating to custody of children as amended, to amend Code Section 50-121, relating to how a wife or child may be disposed of in habeas corpus proceedings, and to amend Code Section 74-107, relating to custody of minor children and the discretion of the court as to custody of minor children.
Referred to Committee on Judiciary.

HB 1541. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th, and others:
A bill to amend an Act creating the Georgia Ports Authority so as to provide Ports Authority Security Guards with arrest powers on Ports Authority property; to provide applicability of State traffic laws to Ports Authority property. Referred to Committee on Transportation.

HB 1550. By Representatives Smith of the 78th and Jessup of the 117th:
A bill to repeal an Act relating to the presentation of tax affidavits with applications for automobile license tags; to provide an effective date. Referred to Committee on Transportation.

HB 1571. By Representatives Marcus of the 26th, Harris of the 8th and Murphy of the 18th:
A bill to amend an Act known as the "Georgia Fiscal Note Act", approved April 25, 1975 (Ga. Laws 1975, p. 1568), so as to provide that in order to be covered under the provisions of the Act, bills changing the anticipated revenue or expenditure level of the various agencies of State Government must have a significant impact.
Referred to Committee on Appropriations.

HB 1628. By Representatives Mostiler and Carlisle of the 71st, Gammage of the 17th and Adams of the 14th:
A bill to amend an Act known as "The Dealers in Used Motor Vehicle Parts Registration Act" so as to change certain definitions. Referred to Committee on Transportation.

HB 1694. By Representative Lane of the 40th:
A bill to amend an Act known as the Georgia Peace Officer Standards and Training Council Act so as to add certain requirements to the

WEDNESDAY, FEBRUARY 25, 1976

1437

qualifications for peace officers.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1706. By Representative Connell of the 87th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that the State Revenue Commissioner may by regulation provide for the col lection of taxes imposed on distilled spirits through the use of a re porting system rather than through the use of revenue stamps. Referred to Committee on Banking, Finance and Insurance.

HB 1707. By Representative Connell of the 87th:
A bill to amend an Act known as the "Revenue Tax Act To Legalize and Control Alcoholic Beverages and Liquors" so as to provide for Metric Standards of Measurement in determining the amount of distilled spirits which may be lawfully sold or possessed in certain circumstances. Referred to Committee on Consumer Affairs.

HB 1847. By Representative Greer of the 43rd:
A bill to amend Code Chapter 26-27 relative to gambling and related offenses so as to provide certain exceptions with respect to printed materials and related advertising materials for shipment out of the State of Georgia to governmental bodies lawfully using such materials. Referred to Committee on Consumer Affairs.

HB 1886. By Representatives Ware of the 68th and Wood of the 9th:
A bill to amend an Act known as the "Insurance Premium Finance Company Act", so as to provide that, regardless of the method of routing, the insurer shall be directly responsible to the premium finance company for any and all unearned premiums due under the contracts. Referred to Committee on Banking, Finance and Insurance.

HB 1920. By Representatives Murphy of the 18th, Burruss of the 21st, Cole of the 6th, and others:
A bill to authorize the Georgia Building Authority, its security personnel and certain law enforcement officers to exercise certain powers and authority upon the properties and buildings of the Authority; to provide the procedures connected therewith; to provide for penalties.
Referred to Committee on Rules.

HR 56. By Representative Glover of the 32nd:
A resolution proposing an amendment to the Constitution so as to repeal an amendment ratified June 12, 1937, directing certain counties to levy a county wide tax not exceeding 1% mills for educational pur-

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JOURNAL OF THE SENATE,

poses when requested to do so by the Board of Education of such counties.
Referred to Committee on County and Urban Affairs.

HR 398. By Representatives Collins of the 144th, Mullinax of the 69th, Murphy of the 18th, and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of each county and municipality, subject to the approval of the electors of such political subdivisions, to exempt tangible personal property which is in transit from ad valorem taxation. Referred to Committee on Banking, Finance and Insurance.

HR 599. By Representatives Murphy of the 18th, Harris of the 8th, Collins of the 144th, and others:
A resolution proposing an amendment to the Constitution so as to create and provide the membership of the Georgia Building Authority; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Rules.

HR 600. By Representatives Mann, Clark and Milford of the 13th:
A resolution authorizing the State Librarian to furnish the Elbert County Law Library with certain books. Referred to Committee on Judiciary.
HR 663. By Representatives Lambert of the 112th and Carlisle of the 71st:
A resolution authorizing and empowering the State Properties Com mission, acting for and on behalf of and in the name of the State of Georgia, to sell or lease, through negotiation or sealed bid and on such terms and conditions as the State Properties Commission shall deem to be in the best interest of, and most advantageous to, the State of Georgia, certain State-owned improved real property located in the City of Chattanooga, Hamilton County, Tennessee; providing an effec tive date. Referred to Committee on Public Utilities.
HR 669. By Representatives Karrh of the 106th and Clifton of the 107th:
A resolution authorizing the conveyance of certain State-owned real property located within Emanuel County to the City of Swainsboro; authorizing the sale and transfer of certain State-owned surplus personal property to the City of Swainsboro. Referred to Committee on Public Utilities.
HR 719. By Representative Tucker of the 73rd:
A resolution proposing an amendment to the Constitution so as to vest the law enforcement powers of Henry County in the Sheriff of Henry

WEDNESDAY, FEBRUARY 25, 1976

1439

County and to provide that the governing authority of Henry County shall not be authorized to create a county police department or other wise employ personnel for law enforcement purposes and to provide for budgeting, boards of arbitration and other matters relative thereto.
Referred to Committee on County and Urban Affairs.

HR 744. By Representative Hudson of the 137th:
A resolution authorizing the conveyance of certain State-owned real property located within Irwin County to Irwin County; authorizing the sale and transfer of certain State-owned surplus personal property to Irwin County. Referred to Committee on County and Urban Affairs.

HR 747. By Representatives Carnes and Horton of the 43rd and Adams of the 36th:
A resolution proposing an amendment to the Constitution to create within Fulton County the Fulton County Industrial Tax District; to provide for the submission of this amendment for ratification or re jection. Referred to Committee on County and Urban Affairs.

HR 753. By Representatives Jackson, Whitmire and Wood of the 9th:
A resolution proposing an amendment to the Constitution so as to provide for staggered terms of office for the members of the Board of Education of Hall County. Referred to Committee on County and Urban Affairs.

HR 754. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A resolution proposing an amendment to the Constitution to establish the Downtown Athens Development Authority, so as to provide that the Authority, subject to the approval of the Mayor and Council of the City of Athens, shall have the right and power of eminent domain. Referred to Committee on County and Urban Affairs.

HR 776. By Representatives Murphy of the 18th, Howard, Cooper, and Wilson of the 19th, and Kreeger and Burruss of the 21st:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Paulding County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obliga tion thereof.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HR 777. By Representatives Gignilliat of the 122nd, Battle of the 124th, Taggart of the 125th, and others:
A resolution proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes in Chatham County.
Referred to Committee on County and Urban Affairs.

The following reports of the standing committees were read by the Secretary:

Senator McGill of the 24th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1341. Do pass. HB 1540. Do pass. HB 1620. Do pass.
Respectfully submitted,
Senator McGill of the 24th District, Chairman

Senator Broun of the 46th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1350. Do pass by substitute.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance & Insurance, submitted the following report:
Mr. President:

WEDNESDAY, FEBRUARY 25, 1976

1441

Your Committee on Banking, Finance and Insurance has had under considera tion the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 628. Do pass by substitute. SB 641. Do pass. SB 651. Do pass. HB 533. Do pass as amended. HB 1362. Do pass. HB 1385. Do pass. HB 1685. Do pass. HB 1750. Do pass as amended. HB 1771. Do pass.
Respectfully submitted, Senator Holley of the 22nd District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 666. Do pass.
HB 1017. Do pass by substitute.
HB 1464. Do pass.
HB 1580. Do pass.
HB 1581. Do pass.
SR 345. Do pass.
Respectfully submitted,
Senator Garrard of the 37th District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

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JOURNAL OF THE SENATE,

SB 685. Do pass. SB 687. Do pass. SB 689. Do pass. HB 1669. Do pass. HB 1693. Do pass.

Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions:
SB 688. Do pass. SB 691. Do pass. SB 692. Do pass. SR 377. Do pass. SR 381. Do pass.
Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 665. Do pass.
SB 672. Do Pass.
HB 1718. Do pass.
HB 1719. Do pass.
HB 1754. Do pass.

WEDNESDAY, FEBRUARY 25, 1976

1443

HB 1810. Do pass. HB 1828. Do pass. HB 1829. Do pass. HB 1840. Do pass. HB 1842. Do pass. HB 1852. Do pass. HB 1853. Do pass. HB 1855. Do pass. HB 1856. Do pass. HB 1857. Do pass. HB 1858. Do pass. HB 1859. Do pass. HB 1860. Do pass. HB 1862. Do pass. HB 1863. Do pass. HB 1864. Do pass as amended. HB 1865. Do pass. HB 1866. Do pass. HB 1869. Do pass. HB 1870. Do pass. HB 1872. Do pass. HB 1874. Do pass. HB 1876. Do pass. HR 707. Do pass. HR 717. Do pass. HR 718. Do pass. HR 721. Do pass. HR 733. Do pass.

Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:

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JOURNAL OF THE SENATE,

Your Committee on Education has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 616. Do pass by substitute.
SR 370. Do pass. HB 1271. Do pass.
HB 1366. Do pass. HB 1369. Do pass. HB 1716. Do pass. HB 1763. Do pass.

Respectfully submitted, Senator Carter of the 14th District, Chairman

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1503. Do pass. HR 543. Do pass as amended.
Respectfully submitted, Senator Ballard of the 45th District, Chairman

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the following resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 374. Do pass as amended. HR 666. Do pass. HR 746. Do pass.
Respectfully submitted, Senator Brown of the 47th District, Chairman

WEDNESDAY, FEBRUARY 25, 1976

1445

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. President:

Your Committee on Retirement has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1302. Do pass as amended.
HB 1447. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman

Senator Reynolds of the 48th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1584. Do pass. HB 1627. Do pass.
Respectfully submitted, Senator Reynolds of the 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 627. By Senators Starr of the 44th and Riley of the 1st:
A bill to amend an Act known as the "Jekyll Island-State Park Authority Act", as amended, so as to provide for the granting of franchises to utility companies; to provide that the power granted shall not be in derogation of other powers of the Authority.

SB 661. By Senators Turner of the 8th and Reynolds of the 48th:
A bill to amend Code Section 95A-922, relating to application for permits for the control of outdoor advertising, as amended, so as to change the provisions relating to applications for permits; to provide an effective date.

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JOURNAL OF THE SENATE,

SB 667. By Senator Pearce of the 16th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", as amended, so as to provide for the mailing or delivery of certificates of title to the commissioner for cancellation on all vehicles which were manufactured less than five years prior to the then current model year.

SB 671. By Senator Pearce of the 16th:
A bill to amend Code Chapter 88-17, relative to vital records, as amended, so as to provide for birth certificates for adopted persons born outside of the United States; to provide for procedures and require ments relative thereto; to provide an effective date.

SB 673. By Senators Bell of the 5th, Stumbaugh of the 55th, Holloway of the 12th and others:
A bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to change the provisions relating to carrying a concealed weapon; to change the provisions relating to penalties; to provide for exceptions.

SR 362. By Senators Russell of the 10th and Timmons of the llth:
A resolution proposing an amendment to the Constitution, so as to exempt the real and personal property of historical societies from all ad valorem taxation for State, county, municipal and school purposes.

HB 681. By Representative Holmes of the 39th:
A bill to amend Code Section 34-609 relating to the form of registration cards so as to change the provisions relative to the form of the registra tion card.

HB 986. By Representative Wood of the 9th:
A bill to amend Code Chapter 56-19, relating to fraternal benefit societies, so as to permit such societies to compute certificate reserves on any table made applicable to life insurance companies.

HB 1216. By Representatives Nix, Harrison and Edwards of the 20th and others:
A bill to amend Code Section 68A-706, relative to overtaking and passing a school bus, so as to provide that after stopping to allow children to disembark from the bus, it shall be unlawful for the driver of the school bus to proceed until all children who need to cross the roadway have done so safely.

HB 1229. By Representatives Walker of the 115th, Lambert of the 112th, Culpepper of the 98th and others:
A bill to amend Code Chapter 69-3, relating to powers, duties and

WEDNESDAY, FEBRUARY 25, 1976

1447

liabilities of municipal corporations in general, as amended, so as to provide for practices, procedures, requirements and qualifications for the sale of property of municipal corporations.

HB 1311. By Representatives Murphy of the 18th, Burruss and Kreeger of the 21st and others:
A bill to amend an Act relating to the exemption of property from taxation so as to provide that public property which is owned by a political subdivision and which is situated outside the territorial limits of the political subdivision shall not be exempt from ad valorem taxa tion.

HB 1456. By Representative McDonald of the 12th:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide for the appointment, demotion, and suspension of the officer, troopers, communications officers, and driver license examiners of the Department of Public Safety.

HB 1480. By Representatives Lambert of the 12th, Carlisle of the 71st, Bolster of the 30th and others:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt from the tax imposed by said Act the sale or use of machines and equipment which are to be used directly in the conversion of solar energy for certain purposes and are to be attached to certain types of property.

HB 1548. By Representatives Smith of the 78th and Jessup of the 117th:
A bill to repeal an Act relating to the sale of used motor vehicles by nonresidents; to provide an effective date.

HB 1572. By Representatives Shanahan of the 7th and Pinkston of the 100th:
A bill to amend an Act entitled "An Act to Classify Property for Taxation", approved Dec. 27, 1937, as amended, so as to provide for the taxation of franchises and all shares of certain financial institutions and moneyed capital in the hands of individual citizens.
HB 1582. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965" so as to change the public meeting requirements.
HB 1601. By Representatives Lambert of the 112th, and Carlisle and Mostiler of the 71st:
A bill to provide for the orderly transition of the law enforcement power of the several counties of this State upon the expiration of the

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JOURNAL OF THE SENATE,

term of office of the Sheriff and the taking of office of a newly elected Sheriff; to provide for a comprehensive training course for the Sheriffs of the several counties of this State who are newly elected.

HB 1602. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" as amended so as to authorize the Governor to direct and implement such internal reorganization of the Department of Human Resources as he may find necessary to improve the management and administration of the functions assigned to the Department.

HB 1671. By Representatives Castleberry of the lllth, Ware of the 68th, Peters of the 2nd, and others:
A bill to amend Code Title 56, relating to insurance, as amended, so as to change the provisions relating to the collection and disposition of fees, taxes and funds; to provide for refunds and credits; to provide for time limits.

HB 1692. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, relating to financial institutions and known as the "Financial Institutions Code of Georgia" so as to simplify procedures relating to receivership proceedings involving financial institutions with assets of not more than $150,000.00.

HB 1783. By Representatives Pinkston of the 100th and Logan of the 62nd:
A bill to amend an Act establishing the Georgia Higher Education Assistance Corporation so as to change the amount of premium that may be charged for insurance on loans guaranteed.

HB 1822. By Representatives Howell of the 140th and Hawkins of the 50th:
A bill to amend Code Section 34-1107, relating to the number of ballots to be printed, so as to provide that the superintendent shall provide for the number of ballots equal to the number of registered electors in each election district; to provide an effective date.

HR 598. By Representative Harris of the 8th:
A resolution authorizing the conveyance of certain real property located in Bartow County, Georgia.

HR 672. By Representative McDonald of the 12th:
A resolution authorizing the conveyance of certain State-owned real property located within Jackson County to the City of Jefferson; authorizing the sale and transfer of certain State-owned surplus personal property to the City of Jefferson.

WEDNESDAY, FEBRUARY 25, 1976

1449

HR 673. By Representatives Mullinax of the 69th and Ware of the 68th:
A resolution authorizing the conveyance of certain real property located in Troup County, Georgia, to the United States government.

HR 677. By Representatives Evans of the 84th and Owens of the 77th:
A resolution authorizing the conveyance of certain State-owned real property located within McDuffie County to the Wrightsboro Quaker Community Foundation, Inc.; authorizing the sale and transfer of certain State-owned surplus personal property to the Wrightsboro Quaker Community Foundation, Inc.

HR 742. By Representative Twiggs of the 4th:
A resolution authorizing the conveyance of certain State-owned real property located within Towns County to Towns County; authorizing the sale and transfer of certain State-owned surplus personal property to Towns County.

HR 751. By Representative Jones of the 126th:
A resolution authorizing the Governor for 'and on behalf of the State of Georgia to convey to Union Camp Corp., a Virginia corporation, domesticated in Georgia, its successors and assigns, easements for the construction, in, on, over, across or under certain State-owned or claimed property situate in the Savannah River, Chatham County.

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks
Barker Barnes Bond
Broun of 46th Brown of 47th Carter
Coverdell Doss
Eldridge Fincher Foster Garrard

Hamilton of 26th Hill
Holley Holloway Hudgins
Hudson Kennedy Kidd
Langford Lester
Lewis McDowell McDuffie McGill

Overby Pearce
Reynolds Robinson Shapard
Starr Stephens Tate
Thompson Timmons
Traylor Turner Young

Those not answering were Senators:

Bell Brantley
Dean of 6th Dean of 31st Duncan

Gillis Hamilton of 34th
Howard Riley Russell

Stumbaugh Summers
Sutton Tysinger Warren

Senator Hill of the 29th introduced the chaplain of the day, Rev. Woodrow Wall, pastor of the Greenville Baptist Church, Greenville, Georgia, who offered scripture reading and prayer.

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JOURNAL OP THE SENATE,

The following resolutions of the Senate and House were read and adopted:

SR 3'86. By Senators Russell of the 10th and Timmons of the llth: A resolution commending Honorable Samuel Marvin Griffin, Jr.

HR 816. By Representatives Kreeger of the 21st, Cooper of the 19th, Wilson of the 19th and others:
A resolution commending the South Cobb Athletic Association Pee Wee Vipers Football Team.

SENATE RULES CALENDAR Wednesday, February 25,1976
SB 438. Wartime Vets.--permanent honorary hunting and fishing license
SB 453. General Assembly Interim Committee Members--Travel
SB 609. Campaign Disclosure Reports--change certain provisions (SUB) (AM)
SB 629. Examining Boards--cost of exam, remitted to providers of exam.
SR 251. Disabled Veteran--vehicle tax exemption
SR 341. General Assembly--provide annual 45-day session (SUB)
HB 272. Public School Employees' Retirement--retire after 31 years
HB 972. State Government Boards, Commissions, Auth.--code of ethics (AM)
HB 1148. Minutes of Court Where Death Sent. Imposed--time for trans cript, prep.
HB 1214. Wrongful Sale or Removal of Motor Vehicle--increase punishment
HB 1250. Possession of Firearm in Felony--sentence consecutive to other sent.
HB 1310. Street Annexation--no signature of owners (SUB) (AM)
HB 1326. Wills--procedures for testimony of witnesses
HB 1336. "Dev. Auth. Law"--"project" include community antenna TV system
HB 1337. Motor Vehicle--operating without proper insurance

WEDNESDAY, FEBRUARY 25, 1976

1451

HB 1344. Party to Dispossessory/Distress Warrant-prosecution w/o atty. (SUB)

HB 1376. Property Taxation--qualification of chief appraiser

HB 1378. Revenue Dept.--retirement requirements and benefits (SUB)

HB 1433. Recording Deeds, Mortgages, Bonds--amend certain Code Section

HB 1536. Natural Resources Board--additional powers and duties HB 1622. Hit and Run--suspension of driver's license (SUB) HB 1651. Jekyll Island-State Park Authority--redefine "project" HB 1727. Motor Vehicle Licensing--Revenue Dept. Agents enforce laws HB 1791. Economic Development Council--create HR 517. Staurolite--official State mineral HR 555. Medical Student Loans--increase and provide for repayment HR 597. Meriwether County--conveyance of State-owned real property HR 665. Catoosa County--conveyance of certain real property

Respectfully submitted, Is/ John P. Riley
Riley of the 1st, Vice Chairman Senate Rules Committee

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 453. By Senator Banks of the 17th:
A bill to amend Code Section 47-107, relating to the salary and allowances of members of the General Assembly, as amended, so as to change the provisions relating to travel by members of interim committees; 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, a roll call was taken, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard
Banks Barker Barnes Bell
Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Howard

Hudgins McDowell

Russell

On the passage of the bill, the years were 51, nays 0.

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

SB 609. By Senator Holloway of the 12th:
A bill to amend the Campaign and Financial Disclosure Act. * amended, so as to change certain of the provisions thereof relating to the filing of campaign disclosure reports; to provide for additional content of such reports.

The Senate Committee on Rules offered the following substitute to SB 609:
A BILL
To be entitled an Act to amend the Campaign and Financial Dis closure Act, approved March 5, 1974 (Ga. Laws 1974, p. 155), as amended by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1120), so as to change certain of the provisions thereof relating to the filing of cam paign disclosure reports; to provide for additional content of such re ports; to require reports pertaining to special elections; to extend the terms of office of the present members of the State Ethics Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, FEBRUARY 25, 1976

1453

Section 1. The Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. Laws 1974, p. 155), as amended by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1120), is hereby amended by striking
in its entirety Section 6 and substituting in lieu thereof a new Section 6 to read as follows:

"Section 6. Campaign Financing Disclosure Reports To Be Filed. The Chairman or Treasurer of every campaign committee organized to bring about the nomination of a candidate for any office provided for in Section 2, except county and municipal offices, shall file with the Secretary of State 'Campaign Financing Disclos ure Reports'. All candidates seeking any office provided for in Sec tion 2, except county and municipal candidates, shall file in addition a copy of their reports with the office of the probate judge in the county of residence of the candidate. Candidates for county office shall file their 'Campaign Financing Disclosure Reports' with the office of the probate judge in the respective county of election. Candi dates for municipal office shall file their reports with the municipal clerk in the respective municipality of election or, if there be no clerk, then with the chief executive officer of the municipality. In the event a candidate for county or municipal office has no opposi tion for nomination or election, such report shall also be filed with the Secretary of State.

All reports shall list the following:

(a) The amount, name and mailing address and occupation or place of employment of any person making a contribution in excess of $101.00 during the 12 months preceding the date on which the report is filed including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund raising events within said period.

(b) The name and mailing address and occupation or place of employment of any person to whom an expenditure is made and the amount and general purpose of such expenditure.

(c) The name and mailing address and occupation or place of employment of any person or persons who co-sign a bank note or loan (for political purposes) with said candidate.

Such campaign financing disclosure reports shall be filed 45 days and 15 days before the primary election, and 10 days after the primary election. Candidates in a general or special election cam paign shall make such reports 15 days prior to the general or special election and all candidates shall make a final campaign disclosure report no later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. The mailing of said reports by United
States Mail with adequate postage thereon, within the required filing time, shall be prima facie evidence of filing. A report or statement required to be filed by this Section shall be verified by the oath or affirmation of the person filing such report or statement
taken before an officer authorized to administer oaths. After the initial report is filed hereunder, it shall not be necessary in sub-

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JOURNAL OF THE SENATE,

sequent reports to list contributions and expenditures which were listed in previous reports.

(d) In the event any candidate covered by the provisions of this Act has no opposition (primary or general) and receives no contributions, regardless of amount, said candidate shall only be required to make the initial and final report as required under the provisions of this Act.

Where a candidate or campaign committee has accepted con tributions or make expenditures prior to the effective date of this Act, the reports required by this Section shall include such informa tion as the records of the candidate or his committee show, and such information as is otherwise known to the candidate or members of his committee, regarding such prior contributions and expendi tures.

A supplemental Campaign Financing Disclosure Report shall be filed by each person elected to an office covered by this Act, no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this Act between the date of the last Campaign Financing Report filed pursuant to this Act and December 31 of any year, a supplemental Campaign Financing Disclosure Report shall not be required by this Act."

Section 2. Said Act is further amended by inserting after the word "State", as it appears in subsection (g) of Section 3, the following:

"or office of the probate judge or municipal clerk",

so that when so amended, said subsection (g) shall read as follows:

"(g) 'Campaign Financing Disclosure Report' means a written report filed with the Secretary of State or office of the probate judge or municipal clerk by a candidate or the Chairman or treasurer of a campaign committee setting forth all expenditures and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more in the aggregate for the calendar year in which the report is filed."

Section 3. Said Act is further amended by inserting in subsection (2) of Section 5, after the word "mailing", the following:
"and occupation or place of employment",
and by inserting after the word "amount" in subsection (4) of said Section the words "and general purpose", so that when so amended, Section 6 shall read as follows:
"Section 5. Record of Contributions and Expenditures. It shall be the duty of the Chairman or Treasurer of any campaign commit tee which accepts contributions or makes expenditures on behalf

WEDNESDAY, FEBRUARY 25, 1976

1455

of a candidate for the offices provided for in Section 2 to keep a detailed and exact account of:
(1) The amounts of all contributions made to the campaign committee.
(2) The name and mailing and occupation or place of employ ment of every person making any contributions and the amount of such contributions.
(3) All expenditures made by the candidate or the campaign committee.
(4) The name and mailing address of every person Jo whom oanf."expenditure is made and the amount and general purposes there

Section 4. Said Act is further amended by adding at the end of Section 8 the following:
"It shall be the duty of the probate judge, the municipal clerk or clerk executive officer to make 'Campaign Financing Disclosure Reports' filed with him available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such officials shall have the authority to charge a fee for copying of such reports not to exceed the actual costs thereof. Said officials shall preserve reports filed with them for a period of two years from the date upon which they are received. Said officials shall notify the State Ethics Commission in writing within ten days of the time of the required report filing of:
(1) candidates who have qualified for the election in question;
(2) candidates who have not filed required campaign disclosure reports as required by law in the election in question.

The probate judge, municipal clerk or chief executive officer of the muncipality shall immediately notify the State Ethics Com mission when they shall receive any complaint against any candidate offering for any office specified in Section 2 and forward the Com mission a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate will be forwarded to the Commission along with the com plaint.

The probate judge in each county and the municipal clerk or chief executive officer in each municipality, if there be no clerk, has the duty to inspect each report filed with him by candidates for county or municipal office for conformity with the law, and to notify the candidate immediately if the report does not conform with the law, is unsigned, or is otherwise in technical violation of filing requirements."

Section 5. Said Act is further amended by striking from subsection (b) of Section 9 the following:

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"one", "two", "three", "four" and "five",

and substituting in lieu thereof the following:

"two", "three", "four", "five" and "six",

respectively, so that when so amended, subsection (b) of Section 9 shall read as follows:

" (b) The Commission shall be composed of five members. The initial membership of the Commission shall be appointed as follows: one member shall be appointed by the Secretary of State for an initial term of office of two years; one member shall be appointed by the Lieutenant Governor for an initial term of office of three years; one member shall be appointed by the Speaker of the House of Representatives for an initial term of office of four years; and two members, not more than one of whom shall be from the same political party, shall be appointed by the Governor for initial terms of office of five years and six years, respectively. The terms of office of initial members shall comemence on May 1, 1975. Members of the Commission shall not serve for more than one term of office. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired, shall become a member of the Commission and shall serve for a term of office of five years and until his successor is duly appointed and qualified. If a vacancy occurs in the membership of the Commission, a new member shall be appointed to the unexpired term of office by the State official who appointed the vacating member."

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th offered the following amendment:

Amend the substitute offered by the Senate Committee on Rules to SB 609 by striking from Page 2, lines 13 and 14 the following:

"and occupation or place of employment";

and

By deleting on Page 4, lines 24 through 28, and substituting in lieu thereof the following:

"inserting in subsection (4) of Section 5, after the word 'amount' the words 'and general purpose', so that"; and

WEDNESDAY, FEBRUARY 25, 1976

1457

By deleting on Page 5, lines 6 and 7, the following:

"and occupation or place of employment".

On the adoption of the amendment, the yeas were 33, nays 1, and the amend ment to the committeee substitute was adopted.

On the adoption of the committee substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Warren Young

Those not voting were Senators:

Duncan Fincher

Howard McDuffie

Turner

On the passage of the bill, the yeas were 51, nays 0.

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

The following resolution of the House was taken up for the purpose of considering House action thereto:

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HR 69. By Representatives Murphy of the 18th, Lee of the 72nd, Vaughn of the 57th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the members of the General Assembly shall receive such com pensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.

Senator Dean of the 31st moved that the Senate amendment to HR 69 be adhered to and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate amendment to HR 69 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Dean of the 31st, Shapard of the 28th and Gillis of the 20th.

Senator Summers of the 53rd introduced the doctor of the day, Dr. Gene Kinard, of Rossville, Georgia.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 629. By Senator Holloway of the 12th:
A bill to amend Code Chapter 84-1, relating to the office of JointSecretary of State Examining Boards and the administration of the several examining boards administratively assigned to that office, as amended, so as to provide that each examining board assigned to that office which adopts a standard examination, shall have the power to require an applicant for examination to remit the cost of the examina tion to the providers of the standard examination.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond

Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Doss Eldridge Foster Garrard

WEDNESDAY, FEBRUARY 25, 1976

1459

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McGill Overby Reynolds Riley Russell Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Warren Young

Those not voting were Senators:

Barnes Dean of 31st
Duncan Fincher

Howard McDuffie Pearce

Robinson Turner Tysinger

On the passage of the bill, the yeas were 46, nays 0.

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

SR 251. By Senators Lewis of the 21st, Hudgins of the 15th, Russell of the 10th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicles he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia; 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 IV of the Constitution is hereby amended by striking the following paragraph in its entirety:
"Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption from all ad valorem taxes on the vehicle which he owns and on which he actually places the free HV vehicle license plates he receives from the State of Georgia, such exemption being from all ad valorem taxation for state, county, municipal and school purposes. The term 'disabled veteran', as used herein, means any veteran who was discharged under other than dishonorable conditions, and who served on active duty of the Armed Forces of the United States or on active duty in a reserve component of the United States including the

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JOURNAL OF THE SENATE,

National Guard, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for:
(1) Loss or permanent loss of use of one or both feet;
(2) Loss or permanent loss of use of one or both hands;
(3) Loss of sight in one or both eyes;
(4) Permanent impairment of vision of both eyes of the fol lowing status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye.",
and inserting in lieu thereof a new paragraph, to read as follows:
"Any disabled veteran who is a citizen and resident of Georgia is hereby granted an exemption from all ad valorem taxes for State, county, municipal and school purposes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia. The term 'disabled veteran', as used herein, means any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans Administration of the United States as being 100 percent totally and permanently disabled and entitled to receive serviceconnected benefits and any veteran who is receiving or who is en titled to receive a statutory award from the Veterans Administra tion for:
(1) Loss or permanent loss of use of one or both feet;
(2) Loss or permanent loss of use of one or both hands;

(3) Loss of sight in one or both eyes;

(4) Permanent impairment of vision of both eyes of the fol lowing status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Sectoin I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

WEDNESDAY, FEBRUARY 25, 1976

1461

"( ) YES Shall the Constitution be amended so as to provide that any disabled veteran who is a citi-
( ) NO zen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the ve hicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker
Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd
Langford Lester Lewis McDowell McGill

Overby Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Warren Young

Those not voting were Senators:

Ballard Bell Duncan Garrard

Howard McDuffie Pearce Robinson

Summers Turner Tysinger

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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JOURNAL OP THE SENATE,

SR 341. By Senators Broun of the 46th and Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for annual sessions of 45 days for the General Assembly and to provide for periods of adjournment during each session; to provide for the submis sion 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 III, Paragraph III of the Consti tution is hereby amended by striking said Paragraph III in its en tirety and substituting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. Meeting; time limit; adjournment. The Gen eral Assembly shall meet in regular session on the second Monday in January of each year for no longer than twelve days to receive the proposed General Appropriations Bill, and to attend to other matters. The General Assembly shall then adjourn for sixteen days during which time the House Appropriations Committee shall con sider the General Appropriations Bill. After such period of ad journment, the General Assembly shall reconvene for no more than nineteen days, and by not later than the nineteenth meeting day following the initial adjournment, the House shall pass and transmit to the Senate a General Appropriations Bill. Upon the completion of such nineteenth meeting day, the General Assembly shall adjourn for an additional nine days during which time the Senate Appro priations Committee shall consider the General Appropriations Bill. After the second period of adjournment, the General Assembly shall reconvene for no longer than fourteen days. The Senate and the House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. By concurrent resolution adopted by a majority of members elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five days in the aggregate each year. All business pending in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section I, Paragraph XII of this Con stitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."

WEDNESDAY, FEBRUARY 25, 1976

1463

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to provide for annual sessions of 45 days for the
( ) NO General Assembly and to provide for periods of adjournment during each session?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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 Senate Committee on Rules offered the following substitute to SR 341:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for annual sessions of 45 days for the General Assembly and to provide for periods of adjournment during each session; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IV, Paragraph III of the Consti tution is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph III, to read as follows:
"Paragraph III. Meeting; time limit; adjournment. The Gen eral Assembly shall meet in regular session on the second Monday in January of each year for twelve days to receive the proposed General Appropriations Bill, and to attend to other matters. The General Assembly shall then adjourn for sixteen days. After such period of adjournment the General Assembly shall reconvene for nineteen days. The General Assembly shall then adjourn for nine days. After such period of adjournment the General Assembly shall reconvene for no longer than fourteen days. By concurrent resolution adopted by a majority of the members elected to both Houses of the General Assembly, the General Assembly may adjourn during the last fourteen days of any regular session to such later date as it may fix for reconvening in regular session. The General Assembly shall remain in regular session no longer than forty-five days in the aggregate each year. The Senate and the House of Representa-

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JOURNAL OF THE SENATE,

tives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. All business pending in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section II, Paragraph III of this Constitution. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to provide for annual sessions of 45 days for the
( ) NO General Assembly and to provide for periods of adjournment during each session?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No.".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

On the adoption of the committee substitute, the yeas were 0, nays 34, and the committee substitute was lost.

Senator Broun of the 46th offered the following substitute to SR 341:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for annual sessions of 45 days for the General Assembly and to provide for periods of adjournment during each session; to provide for the sub mission of this amendment for ratifcation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, FEBRUARY 25, 1976

1465

Section 1. Article III, Section IV, Paragraph III of the Constitu tion is hereby amended by striking said Paragraph in its entirety and inserting- in lieu thereof a new Paragraph III, to read as follows:

"Paragraph III. Meeting; time limit; adjournment. The Gen eral Assembly shall meet in regular session on the second Monday in January of each year for twelve days to receive the proposed General Appropriations Bill, and to attend to other matters. The General Assembly shall then adjourn for sixteen days. After such period of adjournment the General Assembly shall reconvene for nineteen days. The General Assembly shall then adjourn for nine days. After such period of adjournment the General Assembly shall reconvene for no longer than fourteen days. By concurrent resolution adopted by a majority of the members elected to both Houses of the General Assembly, the General Assembly may adjourn during the last fourteen days of any regular session to such later date as it may fix for reconvening in regular session in the same year. The General Assembly shall remain in regular session no longer than forty-five days in the aggregate each year. The Senate and the House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. All business pending in the Senate or the House of Representatives at the adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section II, Paragraph
III of this Constitution. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to provide for annual sessions of 45 days for the
( ) NO General Assembly and to provide for periods of adjournment during each session?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying 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.

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JOURNAL OF THE SENATE,

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute offered by Senator Broun of the 46th was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren

Those voting in the negative were Senators:

Dean of 6th Hudgins

Kennedy

Traylor

Those not voting were Senators:

Duncan Howard

Russell

Young

On the adoption of the resolution, the yeas were 48, nays 4.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

HB 272. By Representative Phillips of the 120th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act creating the Public School Employees' Retire ment System so as to authorize the retirement of members with 31 years or more of creditable service regardless of their age.

following fiscal notes, as required by law, were read by the Secretary:

WEDNESDAY, FEBRUARY 25, 1976

1467

PUBLIC SCHOOL EMPLOYEES Retirement System Atlanta 30334

MEMORANDUM

TO:

Mr. Norman Terrell

Deputy State Auditor

FROM:

Abe Domain Director

SUBJECT: Committee Substitute to H. B. 272

February 9, 1976

This substitute would permit members of the Public School Em ployees Retirement System that are managers or supervisors on a fulltime basis of the lunchrooms, maintenance, or warehouses of the various school systems to withdraw from the Public Employees Retirement Sys tem membership and become members of the Teachers Retirement System. Such employees with 10 or more years of creditable service under the Public School System would vest their credits and those with less than 10 years of creditable service would withdraw their accumulated contributions at the time of transfer.

The provisions of this substitute would not result in a cost to the Public School Employees Retirement System and therefore would have no adverse effect on the actuarial soundness of the System.

In addition to the above, we feel that this is good legislation in asmuch as it would eliminate an awkward situation which we have been confronted with since the establishment of the Public School Employees Retirement System; that is to say, under existing law clerical personnel are covered by the Teachers Retirement System, whereas in most in stances para-professionals with larger incomes than the clerical help they are employing are required to become members of the Public School Employees Retirement System; and, as stated above, this legislation will correct this problem.

TEACHERS RETIREMENT SYSTEM 254 Washington Street, S.W. Atlanta, Georgia 30334
February 19, 1976

MEMORANDUM

TO:

Senator Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: House Committee Substitute to H. B. 272

This bill would permit school lunchroom, maintenance or warehouse managers or supervisors, the option of terminating their membership

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JOURNAL OF THE SENATE,

with the Public School Employees Retirement System and becoming members of the Teachers Retirement System. New employees in these categories would have the option of choosing to become members of either system.

The employees would not be able to transfer any service that they rendered prior to becoming members of the Teachers Retirement System. If they had at least 10 years of credited service with the Public School Employees Retirement System, they could vest their credits with the Public School Employees' Retirement System. If they had less than 10 years of credited service with the Public School Employees' Retirement System, they would be permitted to withdraw their contributions and interest from that system.

The employees who elect to become members of the Teachers Retire ment System will be considered to be State employees and the State would pay the employer contributions to the Teachers Retirement System. This should not increase the State's cost toward the retirement of these employees because the State is a higher percentage of the cost of the benefit program under the Public School Employees Retirement System than it would pay to the Teachers Retirement System.
The Board of Trustees of the Teachers Retirement System would not ask for an increase in the employer contributions rate if this bill becomes law.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Dean of 31st Duncan Garrard

Holley Howard Russell

Summers Timmons Young

WEDNESDAY, FEBRUARY 25, 1976

1469

On the passage of the bill, the yeas were 47, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, relating to actions, as amended, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for definitions; to provide for limitations relative to certain actions.

The House amendments were as follows:
1. Amend SB 464 on line 8, Page 2 by placing a period after the word "occurred" and by striking the words "or within two years after the negligent or wrongful act or omission is discovered."
2. Amend SB 464 by changing the period on line 9, Page 2, to a semicolon and adding thereafter the following:
"provided that concealment by the practitioner who committed the negligent or wrongful act shall toll the running of the two year period of limitation so long as such concealment continues. "
Senator Kidd of the 25th moved that the House amendments be agreed to.

Senator Banks of the 17th moved that the amendments be printed.

On the motion to print, the yeas were 30, nays 0; the motion prevailed, and the amendments were ordered printed.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1009. By Representatives Beckham of the 89th, Sams of the 90th and Calhoun of the 88th:
A bill to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide gov ernment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County".
Senator Lester of the 23rd moved that the Senate insist upon its amendment to HB 1009.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon its amendment to HB 1009.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 972. By Representative Noble of the 48th:
A bill to provide for a code of ethics for members of all boards, com missions and authorities of State government created by general statute; to provide for the removal of members who violate said code of ethics; to provide procedures connected therewith; to provide for hearings; to provide for vacancies.

The Senate Committee on Rules offered the following amendment:
Amend HB 972 by adding on Page 1, line 19, at the beginning of Section l(c), the following:
"not",

so that when so amended, Section l(c) shall read as follows:
"(c) not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties;".

On the adoption of the committee amendment, the yeas were 29, nays 0, and the amendment was adopted.

Senator McDowell of the 2nd offered the following amendment:
Amend HB 972 by adding a new Section 2 to read as follows:
"No member of any boards, commissions, or authorities created by general statute shall enact any rules or regulations or publicize such as being- general laws and such rules and regulation shall in no way have effect of laws."

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 25, 1976

1471

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Poster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Broun of 46th Holley

Holloway Howard

Reynolds Young

On the passage of the bill, the yeas were 50, nays 0.

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

HB 1148. By Representatives Howell of the 140th, Keyton of the 143rd, Tolbert of the 56th and Sizemore of the 136th:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend Code Section 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court so as to require that in cases where a sentence of death is imposed the transcript shall be prepared within a certain length of time; to authorize the Chief Justice of the Supreme Court of Georgia to grant an extension of time in such

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Brantley

Brown of 47th Coverdell Dean of 6th

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JOURNAL OF THE SENATE,

Dean of 31st Doss Eldridge Fincher Foster Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson
Kennedy

Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Shapard

Starr Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Broun of 46th Carter Duncan Garrard

Gillis Holley Howard Lester Riley

Russell Stephens Stumbaugh

On the passage of the bill, the yeas were 43, nays 0.

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

HB 1214. By Representatives Hutchinson of the 133rd and Irwin of the 130th:
A bill to amend Code Chapter 67-99, relating to the wrongful sale or removal of mortgaged property, so as to increase the punishment for the wrongful sale or removal of motor vehicles.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell
Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Kidd
Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson
Timmons Traylor Turner Tysinger Young

WEDNESDAY, FEBRUARY 25, 1976

1473

Those not voting were Senators:

Dean of 6th Holley Howard

Langford Lester Robinson

Starr Warren

On the passage of the bill, the years were 48, nays 0.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

HB 1310. By Representatives Murphy of the 18th, Wilson and Howard of the 19th and others:
Senate Sponsor: Senator Thompson of the 32nd.
A bill to amend an Act providing an alternate method of annexing terri tory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 1310:

A BILL
To be entitled an Act to. amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. Laws 1962, p. 119), as amended by an Act approved April 18, 1969 (Ga. Laws 1969, p. 504), and to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 60% of resident electors and owners of 60% of land area, approved March 10, 1966 (Ga. Laws 1966, p. 409), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 399), so as to amend those provisions defining "contiguous area" so that in determining if an area is contiguous to the municipal boundary, which area is separated by a street or street rightof-way, a creek or river, the right-of-way of a railroad or other public service corporation, only the definite width of said street or street right-of-way or creek or river or right-of-way of a railroad or other public service corporation may be used to determine if said area is contiguous; to provide that certain property shall have its area included in determining the aggregate external boundary of an area to be an nexed; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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JOURNAL OF THE SENATE,

Section 1. An Act providing an alternate method of annexing terri tory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. Laws 1962, p. 119), as amended by an Act approved April 18, 1969 (Ga. Laws 1969, p. 504), is hereby amended by striking in its entirety Section 2 of said Act and substituting the following:

"Section 2. 'Contiguous area' shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or which would directly abut the municipal boundary if not otherwise separated from the municipal boundary by lands owned by the city or some other political sub division, or lands owned by the State of Georgia, or by the definite width of: (a) any street or street right-of-way; (b) any creek or river; (c) or any right-of-way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed."

Section 2. An Act providing an alternate method of annexing terri tory to the municipalities of this State by action of the municipal govern ing bodies upon written request of 60% of resident electors and owners of 60% of land area, approved March 10, 1966 (Ga. Laws 1966, p. 409), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 399), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 6 to read as follows:

"Section 5. (a) 'Contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly the municipal boundary on at least one-eighth of the area's aggregate
external boundary. Any area shall also be a 'contiguous area' if at least one-eighth of the aggregate external boundary of the area proposed to be annexed would directly abut the municipal boundary
if not otherwise separated, in full or in part, from the municipal boundary by lands owned by the city, or lands owned by a county, or lands owned by the State of Georgia or by the definite width of: (1) any street or street right-of-way; (2) any creek or river;
(3) or any right-of-way of a railroad or other public service corpo ration: Provided, however, there shall be no annexation across the boundary lines of any county under the provisions of this law.

(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, and

(2) adjoins to any extent said owner's real property in the area to be annexed, and

(3) is in the same county as the real property in the area to be annexed, and

WEDNESDAY, FEBRUARY 25, 1976

1475

(4) is not included within the boundaries of any incorporated municipality,

shall have its area included in determining the aggregate external boundary of the area to be annexed."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Senator Overby of the 49th offered the following amendment:
Amend the substitute offered by the Senate Committee on County and Urban Affairs to HB 1310 by adding at the end of line 19 on Page 2 the following:
"provided, however, if the entire area to be annexed is, at the time annexation procedures are initiated, owned by the municipal governing authority to which the area is to be annexed, then 'con tiguous area' shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or which would directly abut the municipal boundary if not otherwise separated from the municipal boundary by lands owned by the city or some other political subdivision, or lands owned by the State of Georgia, or by the definite width or by the length of: (a) any street or street right-of-way; (b) any creek or river; (c) or any right-of-way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed."
And, by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. This Act shall become effective on July 1, 1976."
On the adoption of the amendment, the yeas were 36, nays 2, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 38, nays 2, and the committee substitute was adopted as amended.

Senator Ballard of the 45th moved that HB 1310 be postponed until 12:00 o'clock Noon.

Senator Thompson of the 32nd moved the previous question.
The President Pro Tempore rule that the motion for the previous question takes precedence over the motion to postpone.

1476

JOURNAL OP THE SENATE,

On the motion for the previous question, the yeas were 9, nays 29, and the motion of Senator Thompson of the 32nd was lost.

On the motion of Senator Ballard of the 45th to postpone HB 1310 until 12:00 o'clock Noon, the yeas were 39, nays 1; the motion prevailed, and HB 1310 was postponed until 12:00 o'clock Noon.

HB 1326. By Representatives Snow of the 1st, Walker of the 115th, Games of the 43rd and others:
Senate Sponsor: Senator Banks of the 17th.
A bill to amend Code Chapter 113-6, relating to the probate and establish ment of wills, as amended, so as to provide additional procedures for taking the testimony of witnesses to wills; to provide a form of affidavit to be used.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows :

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Poster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Dean of 31st Fincher

Holley Holloway (presiding)

Howard Timmons

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 25, 1976

1477

The President resumed the Chair.

HB 1336. By Representatives Knight of the 67th, Mullinax of the 69th, Johnson of the 72nd and others:
Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act known as the "Development Authorities Law" approved March 28, 1969, as amended, so as to include in the definition of the word "Project" the acquisition, construction, design, engineering, improvement, leasing, maintenance, modification, rebuilding and repair of any property utilized in connection with a community antenna tele vision system.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brown of 47th
Carter Dean of 31st
Doss Duncan Fincher Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Langford Lester Lewis McDowell McDuffie Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Summers Tate Turner Young

Those voting in the negative were Senators:

Banks Barnes Brantley Broun of 46th Coverdell

Dean of 6th Eldridge Foster Kidd McGill

Sutton Thompson Traylor Tysinger Warren

Those not voting were Senators:

Holley Howard

Stumbaugh

Timmons

On the passage of the bill, the yeas were 37, nays 15.

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

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JOURNAL OF THE SENATE,

HB 1337. By Representatives Castleberry of the lllth, Ware of the 68th, McCollum of the 134th and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend an Act known as the "Ga. Motor Vehicle Accident Reparations Act" so as to provide that in cases in which a person is convicted of knowingly operating or knowingly authorizing another to operate, a motor vehicle without effective insurance thereon, the Depart ment of Public Safety shall send a notification to such person that the Department has been informed of the fact of such conviction.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Edridge Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Banks
Barker Fincher Holley

Holloway
Howard Langford Pearce

Russell
Tate Young

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1344. By Representatives Davis and Tolbert of the 56th, Richardson of the 52nd and others:
Senate Sponsor: Senator Warren of the 43rd.
A bill to amend Code Section 9-401, relating to the definition of the practice of law, as amended, so as to authorize corporations, voluntary

WEDNESDAY, FEBRUARY 25, 1976

1479

associations, and individuals which are parties to a dispossessory warrant or distress warrant proceeding to prepare and file the necessary docu ment and to prosecute such proceedings without an attorney.

The Senate Committee on Judiciary offered the following substitute to HB 1344:

A BILL
To be entitled an Act to amend Code Section 9-401, relating to the definition of the practice of law, as amended by an Act approved March 30, 1937 (Ga. Laws 1937, p. 753), so as to authorize corporations, volun tary associations, and individuals which are parties to a dispossessory warrant or distress warrant proceeding to prepare and file the neces sary documents and to prosecute such proceedings without an attorney; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-401, relating to the definition of the practice of law, as amended by an Act approved March 30, 1937 (Ga. Laws 1937, p. 753), is hereby amended by striking in said Code Section, the following:
"but in preparing and filing affidavits upon which the follow ing summary proceedings are based, to-wit, dispossessory warrants, distress warrants, and attachments, and prosecuting such proceed ings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney-at-law",
and substituting in lieu thereof, the following:
"but in preparing and filing affidavits in attachments and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney-at-law",
so that when so amended, Code Section 9-401 shall read as follows :
"9-401. Practice of law defined; service to self; advice by banks; gratuitious drawing of papers; title insurance companies.-- The practice of law in this State is defined as representing litigants in court and the preparation of pleadings and other papers incident to any action or special proceedings in any court or other judicial body; conveyancing; the preparation of legal instruments of all kinds whereby a legal right is secured; the rendering of opinions as to the validity or invalidity of titles to real or personal property; the giving of any legal advice; and any action taken for others in any matter connected with the law. Provided, however, that nothing herein contained shall prevent any corporation, voluntary associ-

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JOURNAL OF THE SENATE,

ation, or individual from doing any act or acts hereinabove set out, to which said persons are a party, but in preparing and filing affi davits in attachments and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney-at-law. Nor shall any bank be prohibited from giving any advice to its customers in matters in cidental to banks or banking. Nor shall any person, firm, or corpo ration be prohibited from drawing any legal instrument for another person, firm, or corporation, providing it is done without fee and solely at the solicitation and request and under the direction of the person, firm, or corporation desiring to execute such instrument. Provided, that a title insurance company may prepare such papers as it thinks proper, or necessary, in connection with a title which it proposes to insure, in order, in its opinion, for it to be willing to insure such title, where no charge is made by it for such papers."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker
Barnes Bell Bond Brantley Broun of 46th
Brown of 47th Carter Coverdell
Dean of 6th Dean of 31st Doss Duncan
Eldridge

Fincher Foster Garrard
Hamilton of 26th Hamilton of 34th Hill Holloway Hudson
Kennedy Kidd Lester
Lewis McDowell McDuffie McGill
Pearce

Reynolds Riley Robinson
Russell Shapard Starr Stumbaugh Summers
Sutton Tate Timmons
Traylor Turner Tysinger Warren
Young

Those not voting were Senators:

Gillis Holley Howard

Hudgins Langford Overby

Stephens Thompson

On the passage of the bill, the yeas were 48, nays 0.

WEDNESDAY, FEBRUARY 25, 1976

1481

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

HB 1378. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act establishing the State Employees' Retirement System approved Feb. 3, 1949 so as to change the retirement require ments and benefits for certain personnel of the Department of Revenue.

The following fiscal note, as required by law, was read by the Secretary:

MEMORANDUM

January 20, 1976

TO:

Mr. Norman Terrell

Deputy State Auditor

FROM:

Abe Domain Director Employees' Retirement System

SUBJECT: House Bill 1378

This bill would amend existing law to allow Alcohol and Tobacco Enforcement Officers or Agents of the Department of Revenue who were employed on or before January 31, 1974 to continue in employment until they had 25 years of service regardless of age.

Existing law requires mandatory retirement for the above employees at age 55 regardless of the amount of service, except those Enforcement Officers or Agents who were employed on or before December 31, 1964 may remain in employment to accrue 25 years of service.

At the present time the Department of Revenue is contributing 15% employer contributions which, according to our actuary, is sufficient funding, meaning that this bill would not have any adverse effect on the soundness of the System--in fact, it will advantage the System financially as a result of delayed retirement.
/s/ Abe Domain Director

The Senate Committee on Retirement offered the following substitute to HB 1378:

A BILL
To be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, approved February 3, 1949 (Ga. Laws 1949,

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JOURNAL OF THE SENATE,

p. 138), as amended, so as to change the retirement requirements and benefits for certain personnel of the Department of Revenue; 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 establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding at the end of subsection (c) of Section ISA the following sentence, to wit:

"Provided that the above mandatory retirement ages may, in the discretion of the Commissioner, be for an Alcohol and Tobacco Enforcement officer or agent as necessary to permit such member who entered service in the Revenue Department on or before January 31, 1974, to complete service sufficient to provide him with twentyfive (25) years of total creditable service.",

so that said subsection (c) of Section 15A will read as follows:

"(c) Any member subject to the provisions of this Section shall be retired on the last day of the month following the month in which he attains fifty-five (55) years of age; provided, however, that during the years 1974 through 1979, any member subject to the provisions of this Section may be retired on the last day of the month following the month in which he attains the retirement age set forth below:

YEAR nineteen hundred seventy-four nineteen hundred seventy-five nineteen hundred seventy-six nineteen hundred seventy-seven nineteen hundred seventy-eight nineteen hundred seventy-nine

OPTIONAL RETIREMENT AGE
sixty or over fifty-nine fifty-eight fifty-seven fifty-six fifty-five

Any member sixty (60) years of age or over on the effective date of this Amendment to this Act shall be retired on July 31, 1974. During the period 1975-79, any member who has attained any mandatory retirement age specified in this subsection by January 1 of any year during such period shall be retired on January 31 of such year. The above mandatory retirement ages may be waived for a Conservation Ranger by the Board of Natural Resources or for an Alcohol and Tobacco officer or agent by the Commissioner of the Department of Revenue as necessary to permit such mem bers who entered service in his respective department on or before December 31, 1964, to complete service sufficient to provide them with twenty-five (25) years of total creditable service. Such a member shall be retired on the last day of the month following the

WEDNESDAY, FEBRUARY 25, 1976

1483

month in which he completes such service. The above mandatory retirement ages may also be waived for Conservation Rangers in a supervisory classification by the Board of Natural Resources, at its discretion, upon application of such Conservation Rangers or upon the initiation by the Board and for Alcohol and Tobacco officers or agents in a supervisory classification by the Commissioner of the Department of Revenue, at his discretion, upon application of such Alcohol and Tobacco officers or agents or upon initiation by the Commissioner; provided, however, that such waivers to members in a supervisory classification shall not be extended to such members who have reached sixty (60) years of age. The provisions of this subsection shall not apply to any Conservation Ranger in a super visory classification whose supervisory duties are not all or pre dominantly in the field of law enforcement or any Alcohol and Tobacco officer or agent in a supervisory classification whose supervisory duties are not all or predominantly in the field of law enforcement. Provided that the above mandatory retirement ages may, in the discretion of the Commissioner, be for an Alcohol and Tobacco Enforcement Officer or agent as necessary to permit such member who entered service in the Revenue Department on or before January 31, 1974, to complete service sufficient to provide him with twenty-five (25) years of total creditable service."

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 hereby repealed.

Senator Lester of the 23rd offered the following amendment:
Amend the substitute offered by the Committee on Retirement to HB 1378 by deleting on Page 1, line 14 the following commas and words: "may, in the discretion of the Commissioner, be" and insert in lieu thereof the following: "are hereby waived."

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute the yeas were 31, nays 0, and the substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

1484

JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard
Banks Barker Barnes Bell Bond Brantley Broun of 46th
Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis
Hamilton of 26th Hamilton of 34th Hill Holloway Hudson Kennedy Kidd Lester Lewis McDowell McGill Overby Pearce Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brown of 47th Holley Howard

Hudgins Langford

McDuffie Reynolds

On the passage of the bill, the yeas were 49, nays 0.

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

HB 1433. By Representatives Irvin of the 23rd, Nix of the 20th, Karrh of the 106th and others:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend Code Section 29-407 relating to recording deeds, mort gages, bonds for title or other registrable instruments in one county when the execution is before an officer of another county without jur isdiction, so as to provide for a definition.

The report of the commitee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Bell

Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell

WEDNESDAY, FEBRUARY 25, 1976

1485

Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Hill Hudson Kennedy

Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Barker Garrard

Holley Holloway Howard

Hudgins Lester

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1536. By Representative Carr of the 105th:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend an Act known as the "Georgia Surface Mining Act of 1968" so as to provide additional powers and duties of the Board of Natural Resources; to provide for the issuance of orders; to change certain provisions relative to licenses and bonds.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hill Holloway

Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds

1486
Riley Robinson Russell Shapard Starr Stephens

JOURNAL OF THE SENATE,

Stumbaugh Summers Sutton Tate Thompson Timmons

Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Hamilton of 34th

Holley Howard

Hudgins Lester

On the passage of the bill, the yeas were 50, nays 0.

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

The following general bill of the House, read the third time today and post poned until 12:00 o'clock Noon, was put upon its passage:

HB 1310. By Representatives Murphy of the 18th, Wilson and Howard of the 19th and others:
Senate Sponsor: Senator Thompson of the 32nd.
A bill to amend an Act providing an alternate method of annexing territory to municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected areas.

Senator Kennedy of the 4th moved that the Senate reconsider its action in adopting the substitute offered by the Committee on County and Urban Affairs to HB 1310.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the com mittee substitute was reconsidered.

Senators Kennedy of the 4th and Eldridge of the 7th offered the following amendment to the committee substitute:
Amend the committee substitute to HB 1310 by striking Section 3 in its entirety and inserting in lieu thereof the following:
"Section 3. This Act shall become effective January 1, 1977."

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment to the committee substitute was adopted.

WEDNESDAY, FEBRUARY 25, 1976

1487

Senator Kennedy of the 4th moved that the Senate reconsider its adoption of the amendment of Senators Kennedy of the 4th and Eldridge of the 7th to the committee substitute.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the amendment to the committee substitute was reconsidered.

Senator Overby of the 49th moved that the Senate reconsider its action in adopting the amendment offered by Senator Overby of the 49th to the committee substitute previously today.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the amendment offered by Senator Overby of the 49th to the committee substitute was reconsidered.

Senators Kennedy of the 4th and Eldridge of the 7th offered the following amendment:
Amend the amendment offered by Senator Overby of the 49th to the committee substitute by striking on line 24 the following:
"July 1,1976"
and inserting in lieu thereof the following:
"January 1, 1977".

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment to the amendment to the committee substitute was adopted.

The following amendment offered by Senator Overby of the 49th to the substitute offered by the Committee on County and Urban Affairs, previously adopted and reconsidered, was put upon its adoption:
Amend the substitute offered by the Commitee on County and Urban Affairs to HB 1310 by adding at the end of line 19 on Page 2 the follow ing:
"provided, however, if the entire area to be annexed is, at the time annexation procedures are initiated, owned by the municipal governing authority to which the area is to be annexed, then 'con tiguous area' shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or which would directly abut the municipal boundary if not otherwise separated from the municipal boundary by lands owned by the city or some other political subdivision, or lands owned by the State of Georgia, or by the definite width or by the length of: (a) any street or street right-of-way; (b) any creek or river; (c) or any right-of-way of a railroad or other public service

1488

JOURNAL OF THE SENATE,
corporation which divides the municipal boundary and any area proposed to be annexed."
And, by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. This Act shall become effective on July 1, 1976."

On the adoption of the amendment, the yeas were 42, nays 1, and the amend ment to the committee substitute was adopted as amended.

The following substitute of the Senate Committee on County and Urban Af fairs, previously adopted and reconsidered today, was put upon its adoption:

A BILL
To be entitled an Act to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. Laws 1962, p. 119), as amended by an Act approved April 18, 1969 (Ga. Laws 1969, p. 504), and to amend an Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 60% of resident electors and owners of 60% of land area, approved March 10, 1966 (Ga. Laws 1966, p. 409), as amended by an Act approved April 6, 1971 (Ga. Laws 1971, p. 399), so as to amend those provisions defining "contiguous area" so that in determining if an area is contiguous to the municipal boundary, which area is separated by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, only the definite width of said street or street right-ofway or creek or river or right-of-way of a railroad or other public service corporation may be used to determine if said area is contiguous; to provide that certain property shall have its area included in deter mining the aggregate external boundary of an area to be annexed; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing an alternate method of annexing ter ritory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area, approved February 27, 1962 (Ga. Laws 1962, p. 119), as amended by an Act approved April 18, 1969 (Ga. Laws 1969, p. 504), is hereby amended by striking in its entirety Section 2 of said Act and substituting the following:
"Section 2. 'Contiguous area' shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or which would directly abut the

WEDNESDAY, FEBRUARY 25, 1976

1489

municipal boundary if not otherwise separated from the municipal boundary by lands owned by the city or some other political sub division, or lands owned by the State of Georgia, or by the definite width of: (a) any street or street right-of-way (b) any creek or river; (c) or any right-of-way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed."
Section 2. An Act providing an alternate method of annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 60% of resident electors and owners of 60% of land area, approved March 10, 1966 (Ga. Laws 1966, p. 409), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 399), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) 'Contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly the municipal boundary on at least one-eighth of the area's aggregate external boundary. Any area shall also be a 'contiguous area' if at least one-eighth of the aggregate external boundary of the area proposed to be annexed would directly abut the municipal boundary if not otherwise separated, in full or in part, from the municipal boundary by lands owned by the city, or lands owned by a county, or lands owned by the State of Georgia or by the definite width of: (1) any street or street right-of-way; (2) any creek or river; (3) of any right-of-way of a railroad or other public service corpora tion: Provided, however, there shall be no annexation across the boundary lines of any county under the provisions of this law.

(b) For purposes of determining an area's aggregate external boundary, all real property which, at the time annexation proce dures are initiated,

(1) is owned by the same person who owns real property in the area to be annexed, and

(2) adjoins to any extent said owner's real property in the area to be annexed, and

(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 incorporated municipality,

shall have its area included in determining the aggregate external boundary of the area to be annexed."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

1490

JOURNAL OF THE SENATE,

On the adoption of the committee substitute, the yeas were 42, nays 0, and the committee substitute was adopted as amended.

Senator Langford of the 51st moved that HB 1310 be committed to the Committee on County and Urban Affairs.

On the motion, the yeas were 25, nays 17; the motion prevailed, and HB 1310 was committed to the Committee on County and Urban Affairs.

The following resolution of the Senate was read and adopted:

SR 389. By Senators Stephens of the 36th, Riley of the 1st, Gillis of the 20th and others:
A resolution commending the Honorable Ben W. Fortson, Jr.

The President announced the Senate would stand in recess from 12:35 o'clock P. M. to 2:00 o'clock P. M. today.

The President called the Senate to order.

The following general bills and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1622. By Representatives Smith of the 42nd and Smith of the 78th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend Code Section 68B-305, relating to mandatory suspension of licenses, so as to provide that conviction for failure to stop, render aid, identify themselves, hit and run, or leaving the scene of an accident shall require the mandatory suspension of a motor vehicle operator's license.

The Senate Committee on Transportation offered the following substitute to HB 1622:

A BILL
To be entitled an Act to amend Code Section 68B-305, relating to mandatory suspension of licenses, so as to provide that conviction for hit and run, or leaving the scene of an accident shall require the mandatory suspension of a motor vehicle operator's license; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

WEDNESDAY, FEBRUARY 25, 1976

1491

Section 1. Code Section 68B-305, relating to mandatory suspen sion of licenses, is hereby amended by adding at the end thereof the following:

"10. Hit and run or leaving the scene of an accident."

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 hereby repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitue, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Kennedy Kidd Lewis McDowell Overby

Reynolds Robinson Shapard Starr Stephens Stumbaugh Sutton Thompson Traylor Tysinger Warren Young

Those not voting were Senators:

Banks Barnes Broun of 46th Dean of 31st Foster Holley

Hudson Langford Lester McDuffie McGill Pearce

Riley Russell Summers Tate Timmons Turner

On the passage of the bill, the yeas were 38, nays 0.

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

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JOURNAL OF THE SENATE,

HB 1651. By Representative Harden of the 154th:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend the "Jekyll Island-State Park Authority Act" to change the definition of "project"; to define the terms of condominium and condominium unit.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan

Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Kennedy Kidd Langford Lester Lewis

McDowell McGill Overby Reynolds Shapard Starr Stephens Stumbaugh Thompson Traylor Tysinger Young

Those voting in the negative were Senators:

Hudgins

Robinson

Warren

Those not voting were Senators:

Barnes Dean of 31st Fincher Holley Holloway

Hudson McDuffie Pearce Riley Russell

Summers Sutton Tate Timmons Turner

On the passage of the bill, the yeas were 38, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HB 1727. By Representatives Miles of the 86th, Sams of the 90th, Dent of the 85th and Connell of the 87th: Senate Sponsor: Senator Lewis of the 21st. A bill to authorize persons appointed by the State Revenue Commissioner as special agents or enforcement officers of the Revenue Department to

WEDNESDAY, FEBRUARY 25, 1976

1493

enforce the laws of this State relating to the licensing and registration of motor vehicles and to endow them with all the powers of a police officer of this State when engaged in the enforcement of said laws.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell

McGill Overby Reynolds Robinson Shapard Starr Stephens Stumbaugh Sutton Thompson Traylor Tysinger Warren Young

Those not voting were Senators:

Barnes Bond Dean of 31st Holley Holloway

Hudson McDuffie Pearce Riley Russell

Summers Tate Timmons Turner

On the passage of the bill, the yeas were 42, nays 0.

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

HB 1791. By Representatives Glanton of the 66th, Horton of the 43rd, McDonald of the 12th and others:
Senate Sponsor: Senator Ballard of the 45th.
A bill to create the Economic Development Council; to provide for the membership, appointment, terms, powers, duties, authority and respon sibilities of the Council; to provide for other matters relative to the fore going.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1494

JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge

Fincher Foster Garrard Gillis Hamilton of 34th Hill Howard Hudgins Kennedy Lester Lewis McGill Overby

Reynolds Riley
Shapard Starr Stephens Stumbaugh Sutton Thompson Traylor Tysinger Warren

Those voting in the negative were Senators:

Hamilton of 26th

Kidd

Those not voting were Senators:

Barnes Dean of 31st Duncan Holley Holloway Hudson

Langford McDowell McDuffie Pearce Robinson Russell

Summers Tate Timmons Turner Young

On the passage of the bill, the yeas were 37, nays 2.

The bill, having received the requisite constitutional majority, was passed.
HR 517. By Representatives Cooper, Howard and Wilson of the 19th: Senate Sponsor: Senator Stephens of the 36th. A resolution designating staurolite as the official State mineral, the shark tooth as the official State fossil, quartz as the official State gem and marble as the official State rock.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

WEDNESDAY, FEBRUARY 25, 1976

1495

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford

Lewis McDowell Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Traylor Tysinger Warren Young

Those voting in the negative were Senators:

Lester

McGill

Sutton

Those not voting were Senators:

Dean of 31st Duncan Holley McDuffie

Pearce Russell Summers Tate

Thompson Timmons Turner

On the adoption of the resolution, the yeas were 42, nays 3.

The resolution, having received the requisite constitutional majority, was adopted.

HR 555. By Representatives Coleman of the 118th, Knight of the 67th, Baugh of the 108th and others:
Senate Sponsor: Senator Doss of the 52nd.

A RESOLUTION
Proposing an amendment to the Constitution so as to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution, as amended by an amendment ratified at the general election in 1952

1496

JOURNAL OF THE SENATE,

(Ga. Laws 1951, p. 861), an amendment ratified at the general election in 1960 (Ga. Laws 1960, p. 1215), an amendment ratified at the general election in 1960 (Ga. Laws 1960, p. 1300), an amendment ratified at the general election in 1962 (Ga. Laws 1962, p. 1039), an amendment ratified at the general election in 1964 (Ga. Laws 1964, p. 944), an amendment ratified at the general election in 1966 (Ga. Laws 1966, p. 1082), and an amendment ratified at the general election in 1968 (Ga. Laws 1968, p. 1686), is hereby amended by striking the eighth paragraph of that portion of Paragraph II added by the 1952 amendment and amended by the 1960, 1962, 1964, 1966 and 1968 amendments and inserting in lieu thereof a new eighth paragraph, to read as follows:

"Applicants who are granted loans or scholarships by the Board shall receive a loan or scholarship not to exceed $15,000.00 to any one applicant to be paid in such manner as may be determined by the Board with which to defray the tuition and other expenses of any such applicant in any responsible, accepted and accredited medical college or school in the United States. The loans and scholarships herein provided shall not exceed the sum herein stated, but they may be prorated in such manner as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school, and the balance to be paid direct to the applicant; all of which shall be under such terms and condi tions as may be provided under rules and regulations of the Board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the Board. One-fifth of the loan or scholarship together with the interest thereon shall be credited to the applicant for each year of practicing his profession in a com munity of 15,000 population or less, according to the United States Decennial Census of 1970 or any future such census, or at Central State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the Department of Human Resources or at any of the above facilities of the Depart ment of Offender Rehabilitation. The Board shall have the authority to cancel the contract of any applicant at any time for cause deemed sufficient by the Board. Upon cancellation of the contract for any cause whatsoever, including default or breach thereof by the ap plicant, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the Board in cash with interest at the rate of nine percent (9%) per annum from the date of each payment by the Board, compounded annually."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to in crease the amount of loans and scholarships for medical students from $10,000.00 to $15,000.00 and

WEDNESDAY, FEBRUARY 25, 1976

1497

( ) NO

to provide that such loans and scholarships shall be repaid by the applicant by practicing his pro fession in a community of 15,000 or less within the State of Georgia for a period of five (5) years?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Pincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Dean of 31st Duncan Holley McDuffie Pearce

Russell Starr Stephens Summers Tate

Lewis McDowell McGill Overby Reynolds Riley Robinson Shapard Stumbaugh Sutton Thompson Tysinger Warren Young
Timmons Traylor Turner

On the adoption of the resolution, the yeas were 42, nays 1.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

1498

JOURNAL OF THE SENATE,

HR 597. By Representative Bray of the 70th:
Senate Sponsor: Senator Hill of the 29th.
A resolution authorizing the conveyance of certain State-owned real property located in Meriwether County, Georgia, to the IMLAC Com munity Club, Inc.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

McGill Overby Reynolds Robinson Shapard Starr Stephens Stumbaugh Sutton Thompson Traylor Tysinger Warren Young

Those not voting were Senators:

Dean of 31st Duncan Holley Holloway

McDuffie Pearce Riley Russell

Summers Tate Timmons Turner

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 665. By Representatives Peters of the 2nd and Leonard of the 3rd:
Senate Sponsor: Senator Fincher of the 54th.
A resolution authorizing the conveyance of certain real property located in Catoosa County, Georgia.

WEDNESDAY, FEBRUARY 25, 1976

1499

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McGill

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Bond Dean of 31st Duncan Holley

Langford McDuffie Pearce Russell

Summers Tate Timmons Young

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Warren of the 43rd moved that the following bill of the Senate be removed from the table:

SB 488. By Senators Warren of the 43rd, Coverdell of the 40th, Garrard of the 37th and others:
A bill to amend an Act known as the "Unemployment Compensation Law" (now Employment Security Law), as amended, so as to change the provisions relative to disqualification for benefits.

On the motion, the yeas were 28, nays 1; the motion prevailed, and SB 488 was removed from the table and put upon its passage.

1500

JOURNAL OF THE SENATE,

Senator Lester of the 23rd moved that the Senate postpone SB 488 for fifteen minutes.

On the motion, the yeas were 31, nays 1; the motion prevailed, and SB 488 was postponed for fifteen minutes.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 438. By Senators Russell of the 10th, Hudgins of the 15th, Robinson of the 27th and others:
A bill to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, as amended, so as to provide for the issuance of permanent honorary hunting and fishing licenses to wartime veterans.

Senator Robinson of the 27th offered the following amendment:
Amend SB 438 by striking the semicolon after the word "veterans" on line 7, Page 1, and inserting in lieu thereof the following:

"and certain other persons:".

By adding a new sentence at the end of quoted subsection (c) of Section 1, to read as follows:
"Any member of a reserve component of the Armed Forces of the United States who is a legal resident of Georgia and who files a letter from the State Department of Veterans Service stating that he served during a wartime period in the Armed Forces of the United States shall be issued a permanent honorary hunting and fishing license which shall entitle him to hunt and fish within this State without the payment of any fee whatsoever."

Senator Lewis of the 21st moved the previous question.

Senator Riley of the 1st moved to table SB 438.

The President ruled that the motion to table takes precedence.

On the motion to table, Senator Lewis of the 21st called for the yeas and nays; the call was sustained, and the vote was as follows:

WEDNESDAY, FEBRUARY 25, 1976

1501

Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Brantley Brown of 47th Coverdell Doss

Duncan Eldridge Garrard Gillis Holloway Howard Langford Riley

Shapard Stumbaugh Sutton Turner Tysinger Warren

Those voting in the negative were Senators:

Barker Barnes Carter Dean of 6th Dean of 31st Foster Hamilton of 34th Hill Hudgins

Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Stephens Tate Thompson Traylor Young

Those not voting were Senators:

Broun of 46th Fincher Hamilton of 26th

Holley Starr

Summers Timmons

On the motion, the yeas were 22, nays 27, and the motion to table SB 438 was lost.

The previous question was ordered.

On the adoption of the amendment, the yeas were 26, nays 15, and the amendment offered by Senator Robinson of the 27th was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Brantley Carter Dean of 6th Dean of 31st

Fincher Foster Gillis Hamilton of 34th Hill Hudgins

Hudson Kennedy Kidd Langford Lester Lewis

1502
McDowell McDuffie Overby Pearce Reynolds

JOURNAL OF THE SENATE,

Riley Robinson Russell Stephens

Tate Thompson Traylor Young

Those voting in the negative were Senators:

Ballard Banks Bell Bond Brown of 47th Coverdell Doss

Duncan Eldridge Garrard Holloway Howard McGill Shapard

Stumbaugh Sutton Timmons Turner Tysinger Warren

Those not voting were Senators:

Broun of 46th Hamilton of 26th

Holley Starr

Summers

On the passage of the bill, the yeas were 31, nays 20.

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 House action thereto:

HB 797. By Representative Evans of the 99th:
A bill to amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, so as to provide for special purpose grand juries in certain additional counties.

Senator Pearce of the 16th moved that the Senate insist upon the Senate amendment to HB 797.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon its amendment to HB 797.

The following bill of the Senate, previously removed from the table today and postponed for fifteen minutes, was put upon its passage:

SB 488. By Senators Warren of the 43rd, Coverdell of the 40th, Garrard of the 37th and others:
A bill to amend an Act known as the "Unemployment Compensation

WEDNESDAY, FEBRUARY 25, 1976

1503

Law" (now Employment Security Law), as amended, so as to change the provisions relative to disqualification for benefits.

The Senate Committee on Industry, Labor and Tourism offered the follow ing amendment:
Amend SB 488 by striking in its entirety subsection (i) of Section 1, beginning on line 3 of Page 3, and inserting in lieu thereof a new sub section (i) to read as follows:
"(i) In addition to other individuals who may suffer disquali fication, an individual whose service for a government unit, other than a hospital or institution of higher education in a regular, annual school-year position, is interrupted by a customary vacation period of the individual or of the school or schools in relation to which the services were performed shall not be eligible for benefits based on separation from such service for any week which begins or ends during that vacation period. An individual employed as a sub stitute teacher shall also be ineligible for benefits based on such work during any vacation period."

On the adoption of the amendment, the yeas were 28, nays 13, and the com mittee amendment was adopted.

Senator Ballard of the 45th offered the following amendment:
Amend SB 488 by striking on Page 3, lines 3 through 14, subsection (i), in its entirety.

On the adoption of the amendment, the yeas were 35, nays 7, and the amend ment was adopted.

Senator Hudgins of the 15th offered the following amendment:
Amend SB 488 by adding after the period on Page 4, line 17, the following:
"Nothing herein contained shall prohibit a person newly retired from the Armed Services from receiving unemployment compensa tion."

On the adoption of the amendment, the yeas were 10, nays 31, and the amend ment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

1504

JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barnes Fincher

Hudson

Stephens

Those not voting were Senators:

Brown of 47th Holley

McDuffie

Summers

On the passage of the bill, the yeas were 48, nays 4.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 782. By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, relating to credits against income taxes for pay-

WEDNESDAY, FEBEUARY 25, 1976

1505

ments made to corporations and other organizations organized and operated for educational purposes.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Greer of the 43rd, Miles of the 86th and Adams of the 79th.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1250. By Representatives Wall of the 61st, Harris of the 60th, Russell of the 53rd and others:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that upon conviction of such felony, the sentence of such person shall run consecutively to any other sentence which such person has received.

Senator Barnes of the 33rd offered the following amendment:

Amend HB 1250 by striking "use" on lone 18, Page 1 and by inserting after "shall" on line 17, Page 1 the words "have on his person".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell

Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

1506

JOURNAL OF THE SENATE,

Pearce Reynolds Riley Robinson Shapard Starr

Stephens Stumbaugh Sutton Tate Thompson Timmons

Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of the 6th.

Those not voting were Senators:

Brown of 47th Duncan Fincher

Hill Holley McDowell

Russell Summers

On the passage of the bill, the yeas were 47, 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 House action thereto:

HB 782. By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78 relating to credits against income taxes for payments made to corporations and other organizations orga nized and operated exclusively for educational purposes.

Senator McDowell of the 2nd moved that the Senate adhere to the Senate substitute to HB 782, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 1; the motion prevailed, and the Senate substitute to HB 782 was adhered to, and a Conference Committee was ordered to be appointed.

The following report of a standing committee was read by the Secretary:

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following resolu tion of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:

SR 388. Do pass.

Respectfully submitted,

Senator Eldridge of the 7th District, Chairman

WEDNESDAY, FEBRUARY 25, 1976

1507

Senator Hudson of the 35th moved that the following bill of the Senate be removed from the table:

SB 571. By Senators Hudson of the 35th, Hamilton of the 34th, Doss of the 52nd and others:
A bill to provide for the regulation of practitioners of Social Work in the State of Georgia; to provide for a short title; to provide for declared purposes; to define certain terms.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 571 was removed from the table and put upon its passage.

Senator Hudson of the 35th moved that SB 571 be committed to the Com mittee on Human Resources.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 571 was committed to the Committee on Human Resources.
The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 304. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others: A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the penalty provisions relating to such offense; to provide for cases in which serious bodily injury is inflicted on a person.
Senator Lester of the 23rd moved that the Senate adhere to its disagreement to the House substitute to SB 304, and that a Conference Commitee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 304.
The President appointed as a Conference Committee on the part of the Senate the following:

Senators Lester of the 23rd, Thompson of the 32nd and Dean of the 31st.

The following resolution of the Senate, favorably reported by the committee, was put upon its adoption:

1508

JOURNAL OF THE SENATE,

SR 388. By Senators Eldridge of the 7th, Holloway of the 12th and Riley of the 1st:
A resolution to amend the Rules of the Senate.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the yeas were 37, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was read the second time, pursuant to the provisions of SR 388:

HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977.

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 4:10 o'clock, P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 26, 1976

1509

Senate Chamber, Atlanta, Georgia Thursday, February 26, 1976

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 1295. By Representative Carnes of the 43rd:
A bill to amend an Act authorizing the commissions of Fulton County to establish rules and regulations governing the payment of pensions so as to clarify the provisions relating to the computation of pension benefits.

HB 1296. By Representative Carnes of the 43rd:
A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions so as to permit all officers or employees of Fulton County to participate in said pension fund as amended.

HB 1819. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill 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.

HB 1967. By Representative Walker of the 115th:
A bill to amend an Act creating a Board of Commissioners in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene so as to change the provisions relating to the compensation of members of the Board of Commissioners of Schley County.

1510

JOURNAL OF THE SENATE,

HB 1969. By Representatives Matthews of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to amend an Act fixing the compensation of the Judge of the Juvenile Court of Clarke County so as to change the compensation of the judge; to provide for an effective date.

HB 1970. By Representatives Mostiler and Carlisle of the 71st:
A bill to fix the salary of the coroner in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the U.S. Decennial Census of 1970 or any future such census; to provide for the payment of the salary of the corofter out of the funds of such counties.

HB 1971. By Representatives Mostiler and Carlisle of the 71st:
A bill to fix the salary of the tax commissioner in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the U.S. Decennial Census of 1970 or any future such census; to provide for the payment of such salary out of county funds.

HB 1973. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the clerk of the superior court in Bulloch County upon an annual salary so as to change the compensation of the clerk's employees.

HB 1974. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an act creating a board of commissioners of Bulloch County so as to change the compensation of the chairman and clerk; to change the compensation of other members of the board; to change the compensation of the clerical assistants.

HB 1975. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act creating the office of tax commissioner of Bulloch County so as to change the compensation of the tax commissioner's assistants; to provide an effective date.

HB 1976. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the coroner of Bulloch County upon an annual salary so as to change the compensation of the coroner.

HB 1977. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act creating the State Court of Bulloch County so as to change the compensation of the judge and solicitor of said court.

THURSDAY, FEBRUARY 26, 1976

1511

HB 1978. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary so as to change the compensation of the sheriff and his deputies.

HB 1979. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary so as to change the compensation of the clerical employees of the judge of the probate court.

HB 1981. By Representatives Carlisle and Mostiler of the 71st and others:
A bill to amend an Act creating a Board of Commissioners of Payette County so as to change the number of members of the board of com missioners; to change the provisions relating to election of members of the board.

HB 1982. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating the State Court of Hall County so as to change the compensation of the judge and solicitor of said court.

HB 1983. By Representative Bray of the 70th:
A bill to amend an Act incorporating the Town of Gay in Meriwether County and granting certain powers and privileges to said town so as to change the terms of office of the mayor and councilmen; to change the provisions relative to the date of election.

HB 1984. By Representatives Kreeger and Burruss of the 21st and others:
A bill to amend an Act amending, revising, consolidating and supersed ing the several Acts incorporating the Town of Austell and reincorporating said town as a city so as to change the corporate limits of said city.

HB 1985. By Representative Bray of the 70th:
A bill to amend an Act creating a new charter for the Town of Luthersville so as to change the terms of office for the mayor and councilmen.

HB 1988. By Representatives Johnson, Bailey, Lee, and West of the 72nd:
A bill to provide that the governing authority or the county fiscal agent in all counties of Ga., having a population of not less than 90,000 or more than 140,000 is authorized to expend tax funds for the purpose of the preparation of dead bodies for interment and the interment of paupers and indigents upon the governing authority's order for the disposition of such bodies.

1512

JOURNAL OF THE SENATE,

HB 1993, By Representatives Dent of the 85th, Sams of the 90th and others:
A bill to amend the charter for the City of Augusta so as to change the residency requirements for members of the council; to provide that members of the council may not succeed themselves after completing a third consecutive term in office.

HB 1994. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Judge of the Probate Court of Glynn County and placing said officers on an annual salary so as to change the provisions relative to the compensation of the deputies of the judge of the probate court.
HB 1996. By Representatives Carter and Patten of the 146th:
A bill to amend an Act creating a Board of Commissioners of Tift County so as to change the compensation of the chairman of said board of com missioners ; to provide an effective date.
HB 1997. By Representatives Snow and Hays of the 1st, Peters of the 2nd and others:
A bill to amend an Act incorporating the Town of Fort Oglethorpe so as to change the provisions relating to the compensation of aldermen; to provide an effective date.

HB 1998. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of Walker County so as to change the total amount which deputies, clerks, assistants and other personnel may receive.
HB 1999. By Representatives Snow and Hays of the 1st, Crawford of the 5th and others:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Walker County and providing in lieu thereof an annual salary so as to change the total amount which deputies, clerks, assistants and other personnel might receive.
HB 2000. By Representatives Gignilliat of the 122nd, Battle of the 124th and others:
A bill to provide that the Board of Commissioners of certain counties may increase the membership of the Board of Zoning Appeals; to provide an effective date.

HB 1468. By Representative Adams of the 36th:
A bill to amend an Act approved April 21, 1969 creating the State Building Administrative Board, so as to provide for the substitution of

THURSDAY, FEBRUARY 26, 1976

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the Commissioner of the Department of Human Resources or his designee for the Director of the Department of Public Health as an ex officio member of the Board.

HB 1469. By Representative Adams of the 36th:
A bill to amend an Act to implement the requirements of the Federal Intergovernmental Cooperation Act of 1968 so as to delete the policy direction of State planning and programming from the responsibilities of the State Planning and Community Affairs Policy Board.

HB 1542. By Representatives Adams of the 36th and Knight of the 67th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to provide that the functions of the Bureau of State Planning and Community Affairs with respect to housing are trans ferred from the Department of Human Resources to the Bureau of Community Affairs.

HB 1561. By Representatives Childers of the 15th, Burruss of the 21st, Hatcher of the 131st and others:
A bill to amend Code Section 88-1721, relating to correction and amend ment of vital records so as to provide authority and procedures for obtaining orders from the probate courts for certain changes in birth certificates; to provide for petitions, hearings, notices and orders.

HB 1618. By Representatives Baugh of the 108th, Parham of the 109th, Petro of the 46th and Calhoun of the 88th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to repeal certain provisions relating to the licensing of osteopaths; to change the penalty for the unlawful practice of medicine from a misdemeanor to a felony; to provide an effective date.

HB 1674. By Representatives Walker of the 115th, Culpepper of the 98th, Snow of the 1st and others:
A bill to amend an Act relating to trials at the first team so as to repeal the provisions relative to divorce cases; to provide for intent; to provide an effective date.

HB 1765. By Representatives Jessup of the 117th, Smith of the 78th and others:
A bill to amend the Georgia Motor Vehicle Accident Reparations Act so as to require the inclusion of certain provisions within motor vehicle lia bility insurance policies issued in this State.

HB 1787. By Representatives Beckham of the 89th, Calhoun of the 88th and Sams of the 90th:
A bill to amend an Act authorizing the collection and payment of certain

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taxes on tangible property, other than motor vehicles, in installments, not to exceed four in number each tax year; to provide for the provisions of said Act to apply to taxpayers who make annual tax returns to the State Revenue Commissioner.

HB 1789. By Representatives Triplett of the 128th, Chance of the 129th, Jones of the 126th and others:
A bill to amend Code Section 68-201, as amended, and to amend an Act approved Dec. 24,1937, as amended, and codfied as Section 92-2902 of the Code of Georgia, both of which relate to the registration and the licens ing of motor vehicles, so as to provide that said Sections shall not apply to any trailer which is used exclusively during daylight hours.

HB 1813. By Representatives Murphy of the 18th, Kilgore of the 65th and Dover of the llth:
A bill to provide that the payment of certain ad valorem property taxes shall be a condition precedent to superior court jurisdiction in property tax litigation.

HB 1812. By Representative Rush of the 121st:
A bill to require nursing homes receiving State funds under the Georgia Medicaid Program to file certified cost statements with the Commis sioner of the Department of Human Resources; to provide for proce dures, requirements and penalties relative thereto.

HB 1830. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend the Oil and Gas and Deep Drilling Act of 1975 so as to provide for certain terms; to provide for authority and powers of the Board of Natural Resources.

SB 516. By Senator Holloway of the 12th:
A bill to amend Code Section 100-108, relating to bonds required to secure State deposits, so as to provide that debt obligations issued by federal agencies be accepted as collateral by the Director of the Fiscal Division of the Department of Administrative Services to secure State funds on deposit in State depositories.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 500. By Senator Langford of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to entitle Deputy Conservation Rangers employed by the Department of Natural Resources to certain payments for a disability due to an act of external violence incurred in the line of duty; to repeal conflicting laws.

THURSDAY, FEBRUARY 26, 1976

1515

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

SB 439. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to clarify the definition of "Rate of Charge"; to change the penalties for violations of the Act.

HB 905. By Representatives Brown of the 34th, Hill of the 127th, Thompson of the 93rd, Davis of the 56th and others:
A bill to authorize counties and municipalities to establish homesteading programs to provide a short title; to provide legislative findings; to provide for the acquisition of property and qualifications for use in homesteading programs; to provide for qualifications for participants in homesteading programs.

HB 1560. By Representatives Harris of the 138th, Marcus of the 26th, Edwards of the 110th and others:
A bill to amend Code Chapter 84-9, relating to medical practitioners so as to provide for the clinical clerkships for certain persons who have studied at foreign medical colleges; to provide that such clerkships shall be in lieu of certain requirements.

HB 1877. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish so as to change the provisions relative to certain license fees and the fees of license agents.

HB 1898. By Representatives Murphy of the 18th, Vaughn of the 57th and Collins of the 144th:
A bill to authorize and empower the Commissioner of the Department of Public Safety to designate and appoint chaplains for the Depart ment; to provide for the duties and functions thereof; to provide an effective date.

HB 1921. By Representatives Davis, Tolbert and Ployd of the 56th and others:
A bill to repeal Code Section 32-1107, relating to the expense of elections to determine whether there shall be local taxation for the support of common or public schools; to repeal Code Section 32-1109, relating to elections on the question of local taxation for public schools by local taxation.
The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:

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JOURNAL OF THE SENATE,

HR 587. By Representative Greer of the 43rd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000 from all Fulton County and Fulton County school ad valorem taxes for residents of Fulton County who are 65 years of age or over or disabled and who have an adjusted gross income not exceeding $8,000 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection.

HR 791. By Representatives Wood, Jackson and Whitmire of the 9th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Forsyth County or any municipal corporation within Forsyth County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible per sonal property within Forsyth County in transit through Forsyth County from outside the State to a final destination outside the State.

HR 793. By Representatives Whitmire, Jackson and Wood of the 9th:
A resolution proposing an amendment to the Constitution so as to provide that Forsyth County be authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting and en couraging the development of trade, commerce, industry and employment opportunities in Forsyth County.

HR 794. By Representatives Murphy of the 18th, Kreeger and Burruss of the 21st and others:
A resolution proposing an amendment to the Constitution so as to pro vide that no airport shall be constructed in Paulding County which has any runway in excess of 5,000 feet unless the voters of Paulding County approve such construction in a referendum thereon.

HR 795. By Representatives Bargeron of the 83rd and Evans of the 84th:
A resolution proposing an amendment to the Constitution so as to encourage economic development and to promote the orderly development of Georgia's mineral resources by providing that certain capital im provements of mineral-processing and primary metal establishments shall be exempt from all county ad valorem taxes, though not ad valorem taxes levied for school purposes in Jefferson County.

HR 745. By Representative Hudson of the 137th:
A resolution authorizing the conveyance of a possibility of reverter in the State of Georgia in certain real property located in Irwin County to the State Chapter of the United Daughters of the Confederacy.

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1517

SR 285. By Senator Langford of the 51st:
A resolution authorizing the conveyance of certain State-owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith.

SR 320. By Senators Hudgins of the 15th and Pearce of the 16th:
A resolution authorizing the conveyance of certain State-owned real property located within Muscogee County to the City of Columbus; authorizing the sale and transfer of certain State-owned surplus per sonal property to the City of Columbus.

SR 324. By Senator McGill of the 24th:
A resolution authorizing the conveyance of certain State-owned real property located within Wilkes County to the City of Washington; authorizing the sale and transfer of certain State-owned surplus per sonal property to the City of Washington.

SR 329. By Senator Brown of the 47th:
A resolution authorizing the conveyance of certain State-owned real property located within Franklin County to the City of Royston; autho rizing the sale and transfer of certain State owned surplus personal property to the City of Royston.

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

HB 308. By Representatives Snow of the 1st, Buck of the 95th and Lambert of the 112th:
A bill to create the Superior Court Judges Retirement System.

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

SR 339. By Senator Riley of the 1st:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to the Branigar Organization, Inc., an Illinois corporation authorized to do business in Georgia, an easement for the construction, operation and maintenance of a community marina.

HR 495. By Representatives Kilgore of the 65th and Parkman and Glanton of the 66th:
A resolution authorizing the conveyance of certain real property located in Douglas County, Georgia.

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HR 618. By Representative Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to expand and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State.

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1009. By Representatives Beckham of the 89th, Sams of the 90th and Calhoun of the 88th:
A bill to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide govern ment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County".

The Speaker has appointed on the part of the House the following members thereof:
Representatives Beckham of the 89th, Connell of the 87th and Sams of the 90th:
The House has agreed to the Senate amendment to the following bill of the House:
HB 1454. By Representative Karrh of the 106th: A bill to create and establish a Small Claims Court in and for Jenkins County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1131. By Representatives Twiggs and Colwell of the 4th: A bill to amend an Act placing the sheriff of Towns County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff; to provide for the employment of personnel.
The House has adopted the following resolution of the House:
HR 849. By Representatives Keyton of the 143rd and Long of the 142nd: A resolution wishing Mr. John Hay Whitney a speedy recovery.

THURSDAY, FEBRUARY 26, 1976

1519

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 699. By Senator Lewis of the 21st:
A bill to create a new charter for the City of Waynesboro and repealing previously enacted charters; to prescribe the corporate limits of said city; to provide for the government of said city and its corpora ted powers; to provide for governing authority of said city and for the election, terms of office and powers and duties of the members thereof. Referred to Committee on County and Urban Affairs.

SB 700. By Senator Traylor of the 3rd:
A bill to create and establish a Small Claims Court for Long County, Georgia, to be known as the Small Claims Court of Long County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judge of such Small Claims Court. Referred to Committee on County and Urban Affairs.

SB 701. By Senator Traylor of the 3rd:
A bill to amend an Act establishing the State Court of Bryan County (formerly the City Court of Pembroke), as amended, so as to change the eligibility requirements for the office of judge and the office of solicitor of said court. Referred to Committee on County and Urban Affairs.

SB 702. By Senators Robinson of the 27th and Howard of the 42nd:
A bill to amend Code Section 89-101, relating to the eligibility of persons to hold civil offices, as amended, so as to provide that citizens of this State who are otherwise qualified and who are 18 years of age or older shall be eligible to hold any county or municipal office, except such offices of a judicial nature.
Referred to Committee on Judiciary.

SB 703. By Senator Broun of the 46th:
A bill to add one additional judge of the superior courts of Western Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge. Referred to Committee on Judiciary.
SB 704. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend an Act revising, altering, and consolidating into a com prehensive Act all laws relating to the Municipal Court of Savannah, as

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JOURNAL OF THE SENATE,

amended, so as to provide a minimum salary for the judges of said court and for the payment thereof.
Referred to Committee on County and Urban Affairs.

SR 391. By Senators Lester of the 23rd, Tysinger of the 41st and Thompson of the 32nd:
A resolution creating the General, Mechanical and Electrical Contractors Study Committee. Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1295. By Representative Carnes of the 43rd: A bill to amend an Act authorizing the commissions of Fulton County to establish rules and regulations governing the payment of pensions so as to clarify the provisions relating to the computation of pension benefits.
Referred to Committee on County and Urban Affairs.
HB 1296. By Representative Carnes of the 43rd: A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions so as to permit all officers or employees of Fulton County to participate in said pension fund as amended.
Referred to Committee on County and Urban Affairs.
HB 1819. By Representatives Snow and Hays of the 1st, Crawford of the 5th, Cole and Foster of the 6th and others: A bill 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.
Referred to Committee on County and Urban Affairs.
HB 1967. By Representative Walker of the 115th: A bill to amend an Act creating a Board of Commissioners in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene so as to change the provisions relating to the compensation of members of the Board of Commissioners of Schley County.
Referred to Committee on County and Urban Affairs.
HB 1969. By Representatives Matthews of the 63rd, Logan of the 62nd and Russell of the 64th: A bill to amend an Act fixing the compensation of the Judge of the

THURSDAY, FEBRUARY 26, 1976

1521

Juvenile Court of Clarke County so as to change the compensation of the judge; to provide for an effective date.
Referred to Committee on County and Urban Affairs.

HB 1970. By Representatives Mostiler and Carlisle of the 71st:
A bill to fix the salary of the coroner in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the U.S. Decennial Census of 1970 or any future such census; to provide for the payment of the salary of the coroner out of the funds of such counties.
Referred to Committee on County and Urban Affairs.

HB 1971. By Representatives Mostiler and Carlisle of the 71st:
A bill to fix the salary of the tax commissioner in all counties of this State having a population of not less than 35,000 and not more than 44,000 according to the U.S. Decennial Census of 1970 or any future such census; to provide for the payment of such salary out of county funds. Referred to Committee on County and Urban Affairs.

HB 1973. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the clerk of the superior court of Bulloch County upon an annual salary so as to change the compensation of the clerk's employees. Referred to Committee on County and Urban Affairs.

HB 1974. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act creating a board of commissioners of Bulloch County so as to change the compensation of the chairman and clerk; to change the compensation of other members of the board; to change the compensation of the clerical assistants. Referred to Committee on County and Urban Affairs.
HB 1975. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act creating the office of tax commissioner of Bulloch County so as to change the compensation of the tax commis sioner's assistants; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 1976. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the coroner of Bulloch County upon an annual salary so as to change the compensation of the coroner. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1977. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act creating the State Court of Bulloch County so as to change the compensation of the judge and solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 1978. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary so as to change the compensation of the sheriff and his deputies. Referred to Committee on County and Urban Affairs.

HB 1979. By Representatives Nessmith of the 82nd and Lane of the 81st:
A bill to amend an Act placing the judge of the probate court of Bulloch County upon an annual salary so as to change the compensation of the clerical employees of the judge of the probate court. Referred to Committee on County and Urban Affairs.

HB 1981. By Representatives Carlisle and Mostiler of the 71st, and West, Lee, Johnson, and Bailey of the 72nd:
A bill to amend an Act creating a Board of Commissioners of Fayette County so as to change the number of members of the board of com missioners; to change the provisions relating to election of members of the board.
Referred to Committee on County and Urban Affairs.

HB 1982. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating the State Court of Hall County so as to change the compensation of the judge and solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 1983. By Representative Bray of the 70th:
A bill to amend an Act incorporating the Town of Gay in Meriwether County and granting certain powers and privileges to said town so as to change the terms of office of the mayor and councilmen; to change the provisions relative to the date of election. Referred to Committee on County and Urban Affairs.

HB 1984. By Representatives Kreeger and Burruss of the 21st, Cooper, Wilson and Howard of the 19th and others:
A bill to amend an Act amending, revising, consolidating and supersed ing the several Acts incorporating the Town of Austell and reincorporating said town as a city so as to change the corporate limits of said city. Referred to 'Committee on County and Urban Affairs.

THURSDAY, FEBRUARY 26, 1976

1523

HB 1985. By Representative Bray of the 70th:
A bill to amend an Act creating a new charter for the Town of Luthersville so as to change the terms of office for the mayor and councilmen. Referred to Committee on County and Urban Affairs.

HB 1988. By Representatives Johnson, Bailey, Lee and West of the 72nd:
A bill to provide that the governing authority or the county fiscal agent in all counties of Ga., having a population of not less than 90,000 or more than 140,000 is authorized to expend tax funds for the purpose of the preparation of dead bodies for interment and the interment of paupers and indigents upon the governing authority's order for the disposition of such bodies.
Referred to Committee on County and Urban Affairs.

HB 1993. By Representatives Dent of the 85th, Sams of the 90th, Calhoun of the 88th and others:
A bill to amend the charter for the City of Augusta so as to change the residency requirements for members of the council; to provide that members of the council may not succeed themselves after completing a third consecutive term in office.
Referred to Committee on County and Urban Affairs.

HB 1994. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Judge of the Probate Court of Glynn County and placing said officers on an annual salary so as to change the provisions relative to the compensation of the deputies of the judge of the probate court. Referred to Committee on County and Urban Affairs.
HB 1996. By Representatives Carter and Patten of the 146th:
A bill to amend an Act creating a Board of Commissioners of Tift County so as to change the compensation of the chairman of said board of commissioners; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 1997. By Representatives Snow and Hays of the 1st, Peters of the 2nd and others:
A bill to amend an Act incorporating the Town of Fort Oglethorpe so as to change the provisions relating to the compensation of aldermen; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 1998. By Representatives Snow and Hays of the 1st, Crawford of the 5th, and Foster and Cole of the 6th:
A bill to amend an Act consolidating the offices of Tax Receiver and

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JOURNAL OP THE SENATE,

Tax Collector of Walker County into the office of Tax Commissioner of Walker County so as to change the total amount which deputies, clerks, assistants and other personnel may receive.
Referred to Committee on County and Urban Affairs.

HB 1999. By Representatives Snow and Hays of the 1st, Crawford of the 5th, and Foster and Cole of the 6th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Walker County and providing in lieu thereof an annual salary so as to change the total amount which deputies, clerks, assistants" and other personnel might receive. Referred to Committee on County and Urban Affairs.

HB 2000. By Representatives Gignilliat of the 122nd, Battle of the 124th, Hill of the 127th and others:
A bill to provide that the Board of Commissioners of certain counties (population 170,000-195,000) may increase the membership of the Board of Zoning Appeals; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 905. By Representatives Brown of the 34th, Hill of the 127th, Thompson of the 93rd and others:
A bill to authorize counties and municipalities to establish homesteading programs; to provide a short title; to provide legislative findings; to provide for the acquisition of property and qualifications for use in homesteading programs; to provide for qualifications for participants in homesteading programs.
Referred to Committee on County and Urban Affairs.

HB 1468. By Representative Adams of the 36th:
A bill to amend an Act approved April 21, 1969 creating the State Building Administrative Board, so as to provide for the substitution of the Commissioner of the Department of Human Resources or his designee for the Director of the Department of Public Health as an ex officio member of the Board. Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1469. By Representative Adams of the 36th:
A bill to amend an Act to implement the requirements of the Federal Intergovernmental Cooperation Act of 1968 so as to delete the policy direction of State planning and programming from the responsibilities of the State Planning and Community Affairs Policy Board. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

THURSDAY, FEBRUARY 26, 1976

1525

HB 1542. By Representatives Adams of the 36th and Knight of the 67th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to provide that the functions of the Bureau of State Planning and Community Affairs with respect to housing are trans ferred from the Dept. of Human Resources to the Bureau of Community Affairs.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

HB 1560. By Representatives Harris of the 138th, Marcus of the 26th, Edwards of the 110th and others:
A bill to amend Code Chapter 84-9, relating to medical practitioners so as to provide for the clinical clerkships for certain persons who have studied at foreign medical colleges; to provide that such clerkships shall be in lieu of certain requirements.
Referred to Committee on Human Resources.

HB 1561. By Representatives Childers of the 15th, Burruss of the 21st, Hatcher of the 131st and others:
A bill to amend Code Section 88-1721, relating to correction and amend ment of vital records so as to provide authority and procedures for obtaining orders from the probate courts for certain changes in birth certificates; to provide for petitions, hearings, notices and orders.
Referred to Committee on Human Resources.

HB 1618. By Representatives Baugh of the 108th, Parham of the 109th, Petro of the 46th and others:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to repeal certain provisions relating to the licensing of osteopaths; to change the penalty for the unlawful practice of medicine from a misdemeanor to a felony; to provide an effective date.
Referred to Committee on Human Resources.

HB 1674. By Representatives Walker of the 115th, Culpepper of the 98th, Snow of the 1st and others:
A bill to amend an Act relating to trials at the first term so as to repeal the provisions relative to divorce cases; to provide for intent; to provide an effective date. Referred to Committee on Judiciary.

HB 1765. By Representatives Jessup of the 117th, Smith of the 78th, Coleman of the 118th and others:
A bill to amend the Georgia Motor Vehicle Accident Reparations Act so as to require the inclusion of certain provisions within motor vehicle liability insurance policies issued in this State. Referred to Committee on Transportation.

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JOURNAL OF THE SENATE,

HB 1787. By Representatives Beckham of the 89th, Calhoun of the 88th and Sams of the 90th:
A bill to amend an Act authorizing the collection and payment of certain taxes on tangible property, other than motor vehicles, in installments, not to exceed four in number each tax year; to provide for the provisions of said Act to apply to taxpayers who make annual tax returns to the State Revenue Commissioner.
Referred to Committee on Banking, Finance and Insurance.

HB 1789. By Representatives Triplett of the 128th, Chance of the 129th, Taggart of the 125th and others:
A bill to amend Code Section 68-201, as amended, and to amend an Act approved Dec. 24, 1937, as amended, and codified as Section 92-2902 of the Code of Georgia, both of which relate to the registration and the licensing of motor vehicles, so as to provide that said Sections shall not apply to any trailer which is used exclusively during daylight hours. Referred to Committee on Transportation.

HB 1812. By Representative Rush of the 121st:
A bill to require nursing homes receiving State funds under the Georgia Medicaid Program to file certified cost statements with the Commissioner of the Department of Human Resources; to provide for procedures, requirements and penalties relative thereto. Referred to Committee on Human Resources.

HB 1813. By Representatives Murphy of the 18th, Kilgore of the 65th and Dover of the llth:
A bill to provide that the payment of certain ad valorem property taxes shall be a condition precedent to superior court jurisdiction in property tax litigation. Referred to Committee on Banking, Finance and Insurance.

HB 1830. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend the Oil and Gas and Deep Drilling Act of 1975 so as to provide for certain terms; to provide for authority and powers of the Board of Natural Resources. Referred to Committee on Natural Resources and Environmental Quality.

HB 1877. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish so as to change the provisions relative to certain license fees and the fees of license agents. Referred to Committee on Natural Resources and Environmental Quality.

THURSDAY, FEBRUARY 26, 1976

1527

HB 1898. By Representatives Murphy of the 18th, Vaughn of the 57th and Collins of the 144th:
A bill to authorize and empower the Commissioner of the Department of Public Safety to designate and appoint chaplains for the Department; to provide for the duties and functions thereof; to provide for the com pensation and reimbursement thereof; to provide an effective date. Referred to Committee on Transportation.

HB 1921. By Representatives Davis, Tolbert, and Floyd of the 56th, Williamson of the 45th and others:
A bill to repeal Code Section 32-1107, relating to the expense of elections to determine whether there shall be local taxation for the support of common or public schools; to repeal Code Section 32-1109, relating to elections on the question of local taxation for school purposes within municipalities maintaining a system of public schools by local taxation.
Referred to Committee on Education.

HR 495. By Representatives Kilgore of the 65th, and Parkman and Glanton of the 66th:
A resolution authorizing the conveyance of certain real property located in Douglas County, Georgia. Referred to Committee on Public Utilities.

HR 587. By Representative Greer of the 43rd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000 from all Fulton County and Fulton County school ad valorem taxes for residents of Fulton County who are 65 years of age or over or disabled and who have an adjusted gross income not exceeding $8,000 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 618. By Representative Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to expand and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State. Referred to Committee on County and Urban Affairs.

HR 745. By Representative Hudson of the 137th:
A resolution authorizing the conveyance of a possibility of reverter in the State of Georgia in certain real property located in Irwin County to the State Chapter of the United Daughters of the Confederacy. Referred to Committee on Public Utilities.

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HR 791. By Representatives Wood, Jackson, and Whitmire of the 9th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Forsyth County or any municipal corporation within Forsyth County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Forsyth County in transit through Forsyth County from outside the State to a final destination outside the State.
Referred to Committee on County and Urban Affairs.

HR 793. By Representatives Whitmire, Jackson and Wood of the 9th:
A resolution proposing an amendment to the Constitution so as to provide that Forsyth County be authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting and encourag ing the development of trade, commerce, industry and employment op portunities in Forsyth County.
Referred to Committee on County and Urban Affairs.

HR 794. By Representatives Murphy of the 18th, Wilson, Cooper and Howard of the 19th and Kreeger and Burruss of the 21st:
A resolution proposing an amendment to the Constitution so as to provide that no airport shall be constructed in Paulding County which has any runway in excess of 5,000 feet unless the voters of Paulding County approve such construction in a referendum thereon.
Referred to Committee on County and Urban Affairs.

HR 795. By Representatives Bargeron of the 83rd and Evans of the 84th:
A resolution proposing an amendment to the Constitution so as to en courage economic development and to promote the orderly development of Georgia's mineral resources by providing that certain capital improve ments of mineral-processing and primary metal establishments shall be exempt from all county ad valorem taxes, though not ad valorem taxes levied for school purposes, in Jefferson County.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator Broun of the 46th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

THURSDAY, FEBRUARY 26, 1976

1529

HR 496. Do pass. HR 518. Do pass as amended. HR 525. Do pass as amended. HR 593. Do pass. HR 609. Do pass. HR 621. Do pass. HR 664. Do pass. HR 705. Do pass. HR 743. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

Senator Garrard of the 37th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
HB 1149. Do pass by substitute. HB 1612. Do pass. HB 1732. Do pass. HB 1882. Do pass. HB 1883. Do pass. HB 1890. Do pass. HB 1891. Do pass. HB 1900. Do pass. HB 1904. Do pass. HB 1905. Do pass. HB 1908. Do pass. HB 1909. Do pass. HB 1910. Do pass. HB 1911. Do pass. HB 1912. Do pass. HB 1913. Do pass. HB 1914. Do pass.

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HB 1915. Do pass. HB 1916. Do pass. HB 1917. Do pass. HB 1922. Do pass. HB 1925. Do pass. HB 1926. Do pass. HB 1929. Do pass. HB 1930. Do pass. HB 1932. Do pass. HR 706. Do pass. HR 722. Do pass.

Respectfully submitted, Senator Garrard of the 37th District, Chairman

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:

Mr. President:

Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendation:
SB 696. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Senator Doss of the 52nd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. President:
Your Committee on Higher Education has had under consideration the follow ing bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 686. Do pass by substitute.
HB 1744. Do pass.
HR 494. Do pass by substitute. Respectfully submitted,
Senator Doss of the 52nd District, Chairman

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1531

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:

Mr. President:

Your Committee on Human Resources has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 718. Do pass as amended.

Respectfully submitted,

Senator Fincher of the 54th District, Chairman

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 655. Do pass. SB 668. Do pass. HB 1533. Do pass by substitute. HB 1186. Do pass as amended. HB 1494. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following rcommendation:
SB 534. Do pass by substitute.
Respectfully submitted,
Senator Ballard of the 45th District, Chairman

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Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 669. Do pass. SB 674. Do pass. SB 675. Do pass. SB 676. Do pass. SB 677. Do pass. SB 678. Do pass. SB 679. Do pass. SB 680. Do pass. SB 681. Do pass. SB 697. Do pass. HB 1927. Do pass. SB 624. Do pass by substitute.
Respectfully submitted, Senator Overby of the 49th District, Chairman

Senator Gillis of the 20th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:

Mr. President:

Your Committee on Natural Resources and Environmental Quality has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 376. Do pass.
HB 1489. Do pass as amended.
HB 1490. Do pass as amended.
HB 1698. Do pass.
HB 1748. Do pass. HB 1848. Do pass by substitute.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

THURSDAY, FEBRUARY 26, 1976

1533

Senator Kennedy of the 4th District, Chairman of the Committee on Offender Rehabilitation, submitted the following report:

Mr. President:

Your Committee on Offender Rehabilitation has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1277. Do pass.
HB 1554. Do pass as amended.
HB 1795. Do pass.

Respectfully submitted, Senator Kennedy of the 4th District, Chairman

The following bills and resolutions of the Senate were read the second time:

SB 616. By Senator Shapard of the 28th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to authorize and direct the State Board of Education to create by regulation an advisory council on cer tification and classification of teachers and other certified professional personnel.

SB 628. By Senators Barnes of the 33rd and McDuffie of the 19th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to provide that any individual or group policy of accident and health insurance, the person entitled to benefits or the person performing services under such policy, contract, plan or agreement shall be entitled to reimbursement on an equal basis for such services.

SB 641. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Georgia Code Section 26-1704, relating to bad checks, so as to add thereto language to provide that upon any commitment hearing or trial involving a bank or depository beyond the subpoena power of the court, such shall be admissible as evidence that the drawee bank dishonored the instrument because the accused did not have an account with it or insufficient funds were on deposit at the time the instrument was presented for payment.

SB 651. By Senator Stephens of the 36th:
A bill to amend Code Chapter 56-31, relating to group accident and sick ness insurance policies, as amended, so as to provide for coverage for

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JOURNAL OP THE SENATE,

persons who are physically handicapped or who are suffering from specific diseases or disabilities.

SB 666. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Municipal Home Rule Act of 1965", as amended, so as to provide that the charter of any city-county con solidated government which was in existence on a certain date may not be amended at the local level pursuant to said "Municipal Home Rule Act".

SR 345. By Senator Kidd of the 25th:
A resolution creating the Special Committee to Investigate Regional Governments.

SR 370. By Senators Tate of the 38th, Bond of the 39th, Hudgins of the 15th and others:
A resolution directing the State Board of Education to reinstate the sixth-year certificate program.

SR 374. By Senator Hill of the 29th:
A resolution authorizing the conveyance of certain State-owned real property located in Harris County, Georgia, to the Ida Cason Callaway Foundation and the acceptance of certian property owned by the Ida Cason Callaway Foundation, located in Harris County, Georgia, in consideration therefor.

HB 533. By Representative Knight of the 67th:
A bill to amend Section 92-3105 of the Code of Ga. relating to the defi nition of the term "exempt organization" for income tax purposes, to clarify the definition of the word exempt organization.

HB 1017. By Representatives Howard of the 19th, Harrison of the 20th, Milford of the 13th and others:
A bill to provide a schedule of minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia who receive an annual salary for their services as such in lieu of the fee system of compensation.

HB 1271. By Representatives Tolbert, Davis and Floyd of the 56th and others:
A bill to amend an Act providing that it shall be unlawful for any person to loiter and remain upon the premises of any public or private school when such person has no legitimate need to be present thereon.

THURSDAY, FEBRUARY 26, 1976

1535

HB 1302. By Representative Lane of the 31st:
A bill to amend an Act establishing the Teachers'. Retirement System so as to change the provisions relative to creditable service for leaves of absence.

HB 1341. By Representatives Culpepper of the 98th, Long of the 142nd, Foster of the 6th and Matthews of the 145th:
A bill to provide that the owner of a soybean, apple or peach crop, or his immediate family, or one of his employees shall have the right to destroy deer under certain conditions.

HB 1362. By Representative Clark of the 55th:
A bill to authorize the deduction of insurance premiums from the salary, wages, or compensation of public employees; to authorize the payment of such insurance premiums by the appropriate fiscal officer.

HB 1366. By Representatives White of the 132nd, Phillips of the 120th, Adams of the 14th and others:
A bill to amend an Act authorizing and empowering the State Board of Education on behalf of the State of Georgia to set up, locate, maintain and operate area trade, vocational and industrial schools, so as to pro vide for sick leave for teachers, supervisors, directors and other em ployees of area trade schools.

HB 1369. By Representatives Hawkins of the 50th, Ross of the 76th, Sizemore of the 136th and others:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State so as to provide for leaves of absence for maternity reasons.

HB 1385. By Representative Phillips of the 59th:
A bill to amend Code Section 92-6913, relative to the duty of the boards of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned taxes, as amended, so as to change the provisions relative to the amount of the penalty.

HB 1447. By Representative Buck of the 95th: A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to accumulated days of forfeited annual and sick leave.
HB 1464. By Representative Adams of the 36th: A bill to amend an Act known as the Urban Redevelopment Law, so as to empower municipalities and counties to make loans and grants from

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funds received from the federal government, as well as from funds received from the repayment of such loans and interest thereon, to owners of private housing for the purpose of financing the rehabilitation of such housing.

HB 1503. By Representative Adams of the 36th:
A bill to amend an Act entitled the "Georgia Land Sales Act of 1972", so as to provide for a limitation of actions.

HB 1540. By Representatives Matthews of the 145th, Patten of the 146th, Culpepper of the 98th and others:
A bill to amend an Act authorizing the Commissioner of Agriculture to establish farmers markets in this State so as to require that on or after Jan. 1, 1977 any person using the facilities of any market which charges a gate fee for the purpose of selling or offering for sale any item on the premises of such a market operated pursuant to this Act, must be licensed by the Commissioner of Agriculture.

HB 1580. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 so as to change the semiannual reporting require ments of the Authority.

HB 1581. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 so as to limit the purposes for which interest on certain investments may be used.

HB 1584. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved Mar. 10, 1965, so as to provide for the election of a secretary and a treasurer of the Board of Directors of the Authority from the membership of the Board.

HB 1620. By Representatives Phillips of the 120th, Nessmith of the 82nd and Clifton of the 107th:
A bill to provide for the regulation of professional soil classifying; to provide for definitions; to provide for a State Board of Registration for Professional Soil Classifiers, and its members, powers, duties and authority; to provide for an advisory council and its members, powers, duties and authority.

THURSDAY, FEBRUARY 26, 1976

1537

HB 1627. By Representatives Smith of the 42nd and Smith of the 78th:
A bill to amend Code Section 68B-312, relating to the periods of suspen sion for drivers' licenses, so as to provide for periods for which a per son's driver's license shall be suspended upon conviction of certain crimes, accumulation of certain "points" or failure to submit to a chemical test.

HB 1685. By Representatives Davis, Tolbert and Floyd of the 56th and others:
A bill to amend Code Section 56-204, relating to annual reports of the insurance commissioner, so as to provide that such reports shall be compiled and made available for public inspection; to eliminate the requirement that such report be delivered to certain persons; to provide for copies for such report.

HB 1716. By Representatives Richardson of the 52nd, Cox of the 141st, Russell of the 53rd and Davis of the 56th:
A bill to amend Code Chapter 32-5, relating to the State Superintendent of Schools, as amended, so as to provide for annual reports.

HB 1750. By Representatives Buck of the 95th and Ware of the 68th:
A bill to amend Code Title 56, relating to insurance, as amended, so as to provide a new Chapter relating to comprehensive health care plans; to adopt a Health Care Plan Act; to provide for a short title ("Health Care Plan") and the scope of the Act; to define certain terms; to provide for the organization of health care corporations.

HB 1763. By Representatives Walker of the 115th, Coleman of the 118th, Jessup of the 117th and Watson of the 114th:
A bill to amend an Act establishing and creating a program to provide scholarships to the children of law enforcement officers, firemen and prison guards who are permanently disabled or killed in the line of duty so as to change certain provisions relating to eligibility.

HB 1771. By Representative Pinkston of the 100th: A bill to amend an Act relating to authorized investments by executors and trustees.
HR 543. By Representatives Hill of the 127th, Brown of the 34th, Taggart of the 125th and others: A resolution creating the Small and Minority Owned Businesses Study Committee.
HR 666. By Representative Cox of the 141st: A resolution authorizing the conveyance of certain State-owned real property located within Decatur County to the City of Bainbridge;

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JOURNAL OF THE SENATE,

authorizing the sale and transfer of certain State-owned surplus per sonal property to the City of Bainbridge.

HR 746. By Representatives Lane of the 81st and Nessmith of the 82nd:
A resolution authorizing the Governor to lease certain State-owned property located in Bulloch County.
SB 665. By Senator McGill of the 24th:
A bill to amend an Act entitled "An Act to amend, consolidate, and supersede the several Acts incorporating the town of Camak, in the County of Warren, State of Georgia; to create a new charter and muni cipal government for said corporation; to declare the rights and powers of the same and for other purposes.", as amended, so as to change the terms of office of the mayor and councilmen.
SB 672. By Senator Foster of the 50th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, Georgia, as amended, so as to provide that the governing authority of Rabun County may in its discretion become a self-insurer as to all insurance and surety bonds acquired by said county.
HB 1718. By Representatives Parkman and Glanton of the 66th:
A bill to amend an Act placing the Coroner of Carroll County on an annual salary in lieu of fees so as to change the compensation of the Coroner; to provide a mileage allowance for the Coroner.
HB 1719. By Representatives Glanton and Parkman of the 66th:
A bill to amend an Act creating the Office of Tax Commissioner of Carroll County so as to change the compensation of the Tax Commis sioner; to change the mileage allowance of the Tax Commissioner.
HB 1754. By Representative Colwell of the 4th:
A bill to authorize the governing authority of any county of this State having a population of not less than 6,700 nor more than 6,825 according to the U. S. Decennial Census of 1970 or any future such census to appoint the treasurer of any such county to any other county office which such governing authority is authorized to fill by appointment.
HB 1810. By Representatives Triplett of the 128th, Chance of the 129th, Taggart of the 125th and others:
A bill to amend an Act incorporating the City of Port Wentworth, approved Feb. 6, 1957, so as to change the corporate limits of said city.
HB 1828. By Representative Stone of the 138th:
A bill to amend an Act establishing a Small Claims Court in and for Appling County so as to change the civil jurisdiction of said court; to

THURSDAY, FEBRUARY 26, 1976

1539

change the fees for filing claims in said court; to change the title of the bailiffs of said court to marshals of said court.

HB 1829. By Representative Stone of the 138th:
A bill to amend an Act providing a new charter for the City of Hazlehurst so as to change the date of city elections; to provide an effective date.

HB 1840. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend Code Section 92-6201 relating to the time to make tax returns so as to change the time for making tax returns in certain counties.

HB 1842. By Representatives Clark, Mann and Milford of the 13th and Russell of the 64th:
A bill to amend an Act incorporating the Town of Watkinsville so as to authorize the mayor and council of the Town of Watkinsville to appoint a qualified person to preside over the mayor's court.

HB 1852. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act creating a new charter for the Town of Brooks so as to change the terms of office of the mayor and councilmen; to provide for the numbering of Posts on the council; to fix the date upon which the mayor and councilmen shall take office.

HB 1853. By Representative Tucker of the 73rd:
A bill to create a new Charter for the City of Locust Grove, Ga., in the county of Henry; to provide for the incorporation of said City; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries.

HB 1860. By Representative Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners for Irwin County and prescribing and defining their powers, duties and compensa tion so as to change the compensation of the chairman of the board of commissioners.

HB 1862. By Representative Collins of the 144th: A bill to amend an Act creating the City Court of Camilla (subsequently renamed the State Court of Mitchell County) so as to change the salary to be paid to the Judge and Solicitor of said Court.
HB 1855. By Representative Tucker of the 73rd: A bill to amend an Act creating a new charter for the City of Hampton

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so as to provide for the specific repeal of the former charter of the City of Hampton.

HB 1856. By Representative Tucker of the 73rd:
A bill to amend an Act incorporating the City of McDonough so as to change the term of office of the mayor of said city.

HB 1857. By Representative Tucker of the 73rd:
A bill to create and establish a Small Claims Court in and for Henry County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.

HB 1858. By Representative Tucker of the 73rd:
A bill to amend an Act providing a new Board of Commissioners of Henry County so as to stagger the terms of office of the members of the board.

HB 1859. By Representative Tucker of the 73rd:
A bill to provide for a board of elections in certain counties (population 23,600-25,000) ; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for qualifications and terms of its members.

HB 1863. By Representatives Logan of the 62nd, Russell of the 64th and Matthews of the 63rd:
A bill to amend an Act creating a new Board of Commissioners of Clarke County so as to change the provisions relating to the purchase of sup plies, equipment, services and other materials; to provide an effective date.

HB 1864. By Representatives Harden of the 154th and Leggett of the 153rd:
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 Feb. 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned", so as to create education districts from which members of the Board of Education of Glynn County shall be elected.

HB 1865. By Representative Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary so as to change the compensation of the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County; to provide an effective date.

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1541

HB 1866. By Representative Collins of the 144th:
A bill to amend an Act entitled "An Act to incorporate the City of Sale City in the County of Mitchell, State of Georgia, and for other purposes" so as to provide for the collection and disposition of garbage, rubbish, refuse; to provide for charges or fees to cover the cost of such services.

HB 1869. By Representative Fraser of the 139th:
A bill to provide for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550 according to the U.S. Decennial Census of 1970 or any future such census; to define its powers and duties concerning primaries and elections.

HB 1870. By Representative Carr of the 105th:
A bill to amend an Act creating a Small Claims Court in Washington County so as to change the civil jurisdiction of said court; to change the term of office of the judge of said court; to change the fee for filing claims in said court.

HB 1872. By Representative Karrh of the 106th:
A bill to amend an Act establishing a Board of Commissioners for Jenkins County so as to change the provisions relative to the election of the chairman of said board.

SB 685. By Senator Traylor of the 3rd:
A bill to provide for a board of elections in each county in this State having a population of not less than 7,330 nor more than 7,550, accord ing to the United States Decennial Census of 1970, or any future such census; to define its powers and duties concerning primaries and elec tions

SB 687. By Senator Foster of the 50th:
A bill to amend an Act placing the Sheriff of Dawson County upon an annual salary as amended, so as to change the provisions relative to the personnel and expenses of the Sheriff's office; to provide for a budget for said officer.

SB 689. By Senator Reynolds of the 48th:
A bill to amend an Act establishing the State Court of Gwinnett County, as amended, so as to provide for the use of jurors from a jury pool selected either by the judges of the Superior Court of the Gwinnett Judicial Circuit or the judges of the State Court of Gwinnett County.

HB 1669. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act changing the compensation of the coroner in

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certain counties of this State so as to change the compensation of the coroner in certain counties of this State.

HB 1693. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating the Board of Commissioners of Lowndes County so as to change the provisions relative to the chairman; to change the compensation of the members of the board; to provide an effective date.
SB 688. By Senator Traylor of the 3rd:
A bill to amend an Act creating a Board of Commissioners of Glynn County, Georgia, as amended, so as to change the composition and method of election of members of the board of commissioners; to provide for the election and terms of members of the board of commissioners.
SB 691. By Senator Kidd of the 25th:
A bill to amend an Act creating a new Board of Commissioners of Jones County, so as to change the compensation of the Chairman and members of the Board of Commissioners of Jones County, to provide an effective date.

SB 692. By Senator Sutton of the 9th: A bill to provide that in certain counties the local tax officials shall cease receiving tax returns on the first day of March.
SR 377. By Senator McDuffie of the 19th: A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Dodge County by the qualified voters of said County and to provide for education districts in connection therewith; to provide for the submission of this amendment for ratification or rejection.
SR 381. By Senator Traylor of the 3rd: A resolution proposing an amendment to the Constitution so as to change the provisions relating to the membership of the Liberty County Industrial Authority; to provide for the submission of this amendment for ratification or rejection.
HB 1874. By Representative Karrh of the 106th: A bill to abolish the present mode of compensating the Judge of the Probate Court of Jenkins County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county.

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1543

HB 1876. By Representatives Harris, Johnson and Thomason of the 8th:
A bill to provide a new Charter for the Town of Euharlee, Ga., in the county of Bartow.

HR 707. By Representatives Harden of the 154th and Leggett of the 153rd:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Glynn County to authorize the sale of distilled spirits and alcoholic beverages in Glynn County by the drink for consumption on the premises during certain hours.

HR 717. By Representatives Burruss and Kreeger of the 21st, Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act or acts for any matters relative to the disposition of the assets and obligations of any municipality lying wholly within Cobb County which is abolished by the repeal of the act providing a charter for such municipality.

HR 718. By Representative Tucker of the 73rd:
A resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employ ment, promote industry and commerce, provide incentives for the loca tion of new manufacturing, processing, storage or transshipment facili ties by authorizing the governing authority of Henry County to provide for the exemption from all ad valorem taxation.

HR 721. By Representative Collins of the 144th:
A resolution proposing an amendment to the Constitution so as to establish the Downtown Camilla Development Authority and to provide for the powers, duties, and responsibilities of said authority; to provide for the submission of this amendment for ratification or rejection.

HR 733. By Representatives Cooper, Wilson and Howard of the 19th and others:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from the city ad valorem taxation to resi dent homeowners in the City of Powder Springs who are under the age of 65 in an amount of two thousand dollars ($2,000.00).

The President called for the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Duncan Eldridge Fincher Foster

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Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Kennedy Kidd Langford

Lester Lewis McDowell McGill Overby Pearce Reynolds Riley Robinson Shapard

Starr Stephens Stumbaugh Summers Tate Thompson Traylor Turner Young

Those not answering were Senators:

Holley Howard Hudson

McDuffie Russell Sutton

Timmons Tysinger Warren

Senator Tate of the 38th introduced the chaplain of the day, Dr. Ralph Abernathy, pastor of the West Hunter Street Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate and House were read and adopted:

SR 390. By Senator Traylor of the 3rd: A resolution honoring Mayor Carl R. Dykes.

SR 394. By Senators Langford of the 51st, Overby of the 49th, Barnes of the 33rd and others:
A resolution commending Judge Randall Evans, Jr.

SR 395. By Senators Ballard of the 45th, Stephens of the 36th and Kidd of the 25th:
A resolution expressing sympathy at the passing of Mr. Henry Odum, Jr.

HR 849. By Representatives Keyton of the 143rd and Long of the 142nd: A resolution wishing Mr. John Hay Whitney a speedy recovery.

SENATE RULES CALENDAR Thursday, February 26, 1976
HB 1350. Appropriations for Fiscal Year 7/1/76-6/30/77--provide (SUB) SB 673. Carrying Concealed Weapon--change provisions (SUB) (AM) SB 627. Jekyll Island--granting of franchises to utility companies

THURSDAY, FEBRUARY 26, 1976

1545

SB 661. Outdoor Advertising Permit--change application provisions SB 667. Five Year Old Motor Vehicle--mailing of title for cancellation SB 671. Birth Certificates--adopted persons born outside United States SR 362. Historical Society Property--exempt ad valorem tax HB 1601. Newly Elected Sheriff--orderly transition of law enforcement HB 681. Registration Card--change form HB 986. Fraternal Benefit Societies--computation of certificate reserves HB 1216. School Bus--not proceed until children across street HB 1229. Municipal Corporation--procedure for sale of property (AM) HB 1311. Pub. Prop. Owned by Political Subdivision Outside City
Limit--tax HB 1376. Property Taxation--qualification of chief appraiser (SUB) HB 1456. Public Safety Dept. Officers--appointment, demotion and
suspension HB 1480. Sales Tax--solar energy machines exempt HB 1548. Sale of Used Motor Vehicle by Nonresidents--repeal Act HB 1572. Franchises--taxation HB 1582. MARTA--public meeting requirements HB 1602. Human Resources Department--internal reorganization HB 1671. Insurance--collection and disposition of fees, taxes and funds HB 1692. Financial Inst.--receivership proceedings assets over $150,000 HB 1783. Higher Ed. Assist. Corp.--premium for insurance on loans
guaranteed HB 1822. Ballots--number equal to registered voters HR 598. Bartow County--conveyance of certain real property HR 672. Jackson County--conveyance of certain State-owned real property HR 673. Troup County--conveyance of certain real property HR 677. McDuffie County-- conveyance of certain State-owned real
property HR 742. Towns County--conveyance of certain State-owned property HR 751. State-Owned Property in Savannah--conveyance for easements SB 635. County with State-Owned Land--granting of funds

Respectfully submitted,
/a/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

1546

JOURNAL OF THE SENATE,

Senator Broun of the 46th assumed the chair.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1,1976, and ending June 30, 1977, for the operation of State Govern ment.

The Senate Committee on Appropriations offered the following substitute to HB 1350:

A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977; to make and provide such appropriations for the operation of the State Govern ment, 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 OP GEORGIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1976, and ending June 30, 1977, as pre scribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Sharing Funds.

PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch .._:....-.-...,,_--.$

8,300,000

1. Operations --_----.-------------$ Total Funds Budgeted --__,,--__--__,,--___.___,,--.$ State Funds Budgeted .-.-..--....-.......-.......-.-.I

7,850,000 7,850,000 7,850,000

THURSDAY, FEBRUARY 26, 1976

1547

2. For Election Blanks and Other Election Expenses ...._...,,.............._......._.........$
Total Funds Budgeted ....................................I State Funds Budgeted ___.___.________.__._.__.,,_..____.._.$

450,000 450,000 450,000

Budget Unit Object Classes: Operations _,,__,,_ _.. .,,_,,,,,,,,_,,,,_,,,, $ Election Blanks and Other Election Expenses _______.__.,,__,,_,,_.,,,,_._.___________$

7,850,000 450,000

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 Gov ernor and Speaker of the House of Representatives; for membership in the National Conference of Commission
ers 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 organiza tions, upon approval of the Legislative Services Com
mittee; for membership in the Marine Fisheries Com pact and other Compacts, upon approval 'of the Legisla tive Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbish
ing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legisla tive Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, pub lishing and distributing the Acts of the General Assem
bly and the Journals of the Senate and the House of Representatives; for the annual report of the State
Auditor to the General Assembly; for equipment, sup plies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government.

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 ex penditure 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 appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate ex penses and which should be paid for from other
appropriations.

Section 2. Department of Audits.

Budget Unit: Department of Audits -__........_..$ 2,603,500

1548

JOURNAL OF THE SENATE,

1. Operations ._-._-_.-.........,,............__.,,....,,_..........$ Total Funds Budgeted -..__-_--____.___-____'._..__-$ State Funds Budgeted ,,.___.___.,,_,,,,___.,,_.__.______.$
2. Tax Ratio Study _..........,,._.,,......._.__.................$ Total Funds Budgeted --.__._,,..___.__.--__.__$ State Funds Budgeted ,,______,, __.-,,__,, $
Budget Unit Object Classes:
Operations ...-...._-.........,,.........._,,......_-_-......._.-$ Tax Ratio Study .,,.-_.........._........_......,,............$

2,263,500 2,263,500 2,263,500
340,000 340,000 340,000
2,263,500 340,000

PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court ____.__,,______._______,,_.$
For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.
Section 4. Superior Courts.
Budget Unit: Superior Courts __.,,.._...,,_$
For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' sal aries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law.
For payment of salaries, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.
For the cost of operating the Judge Sentence Re view Panel as created by 1974 Georgia Laws, p. 358.

1,158,000 7,319,891

THURSDAY, FEBRUARY 26, 1976
Provided, however, that the listed appropriation shall be increased by the amount of $21,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.
Provided, further, that the listed appropriation shall be increased by the amount of $55,000 per annum for each judgeship created by law during the 1976 ses sion of the General Assembly.
Provided, that of the above appropriation relating to Superior Courts, $220,000 is designated and com mitted for the Prosecuting Attorney's Council for opera tions and $36,046 is designated and committed for the Sentence Review Panel.
Section 5. Court of Appeals.
Budget Unit: Court of Appeals ........-_,,_.____....$
For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year.
Section 6. Administrative Office of the Court.
Budget Unit: Administrative Office of the Court ..............................................--...I
For the cost of operating the Administrative Offices of the Court.
Section 7. Appellate Court Reports.
Budget Unit: Court Reports ____,,_-,,,,______________$
For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
Section 8. Judicial Qualifications Commission.

154,9
1,305,000 177,000 72,000

Budget Unit: Judicial Qualifications Commission -----_,,.--_.___,,--.._--_--.._,,____-__------_$

10,000

For the cost of operating the Judicial Qualifications Commissions.

1550

JOURNAL OP THE SENATE,

Section 9. Board of Court Reporting.

Budget Unit: .........................$

For the cost of operating the Board of Court Reporting.

Section 9A. Council of Juvenile Court Judges.

Budget Unit: .................................................^,

For the cost of operating the Council of Juvenile Court Judges.

7,500 40,000

PART III.

EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

Budget Unit: Department of Administrative Services ................................I 27,508,079

1. Georgia Building Authority Budget:
Direct Payments to Authority for Operations .-.__.....,,--...--..._-...._-...-.__...$
Capital Outlay ........................................$ State of Georgia
General Obligation Debt Sinking Fund _._.___.,,_.,,.,,___....__$ Authority Lease Rentals -.....,,...___.._..,,-..__.-$ Total Funds Budgeted .................. ^ State Funds Budgeted ........... ...^ Total Positions Budgeted

2,310,672 405,000
744,425 2,495,903 5,956,000 5,956,000
0

2. Departmental Administration Budget:
Personal Services ...................................... ^ Regular Operating Expenses ....................^ Travel ................................... ...^ Motor Vehicle Equipment Purchases ..--..--..$ Publications and Printing --____--_._...._.--..----.$ Equipment Purchases ......................................^ Per Diem and Fees ........................... ....^, Computer Charges ....................................$ Other Contractual Expense ................--........^ Total Funds Budgeted ._.,,.....,,...._-.....,,-..__..-$ State Funds Budgeted ......................................^ Total Positions Budgeted

542,000 49,189
7,350 --0--
4,300 4,000 --0-- 5,000 --0-- 611,839 611,839
36

THURSDAY, FEBRUARY 26, 1976

1551

3. Fiscal Administration Budget:
Personal Services .....--.-...-...----...-._--.--.....--.$ Regular Operating Expenses --..........--..,,_....$ Travel -...._...-_.....__........_-,,,,...,,_...._.,,.....__.....$ Motor Vehicle Equipment Purchases ......--,,.$ Publications and Printing .....,,.......,,......._._....$ Equipment Purchases ,,,,--.--.--.....,,_._...,,,,_...$ Per Diem and Fees ---------_----------------.,,..$ Computer Charges ..,,._..-...__-........,,.-......,,_....$ Other Contractual Expense ,,,,----.._..----,,.--$ Total Funds Budgeted .....-__.....,,_.................-.$ State Funds Budgeted ........_........-._........,,___.....$ Total Positions Budgeted

368,000 30,000
4,000 --0--
10,000 1,000 --0-- 2,790,000 --0-- 3,203,000 3,203,000
24

4. Self-Insurance Administration Budget:
Personal Services _,,__.--..._-...---_.-....--_......_. $ Regular Operating Expenses ---,,-,,------.,,.--$ Travel .....___-....-_.......-__.-......._.._-...-....__......,,_.$ Motor Vehicle Equipment Purchases ----._.--$ Publications and Printing ................................I Equipment Purchases ----.--.--------..--..,,.,,..--$ Per Diem and Fees ___.______.___,,.._____,,___,,___________.$ Computer Charges ....--__.......--..........-........_--$ Other Contractual Expense --_--_,,__.----___--$ Workmen's Compensation __.______._________.,,.____,,_$' Total Funds Budgeted -_.._.-....--.__........-_-__.-....$ State Funds Budgeted --_____._._______..__,,____--_.___-$ Total Positions Budgeted

230,000 14,000 20,000
--0-- 2,500 2,200
--0-- 1,000
--0-- 1,340,000 1,609,700 1,576,100
17

5. Procurement Administration Budget:
Personal Services .-..,,,,.-...-.....,,...-....---_-_._..$ Regular Operating Expenses --_._--,,--______._,,-$ Travel ........-.-,,-....-..-.-_-..........---_.......-,,_-..-$ Motor Vehicle Equipment Purchases --------$ Publications and Printing ...,,__.........._..._._..._.$ Equipment Purchases ----_,,,,_----__._..-----,,_$ Per Diem and Fees -,,.------------.-.--.---------.-$ Computer Charges --_.----_.__--~--_._------~_.~$ Other Contractual Expense --_--_--__.-.--_----$ Total Funds Budgeted --......-..--...._-.-.....,,..$ State Funds Budgeted .................$ Total Positions Budgeted
6. General Services Administration Budget:
Personal Services -....._.-_,,......-.,,....-.._...--....-$ Regular Operating Expenses -----_.._---------$ Travel .,,._......._.._,,,,.__......-.._-...........,,--........$ Motor Vehicle Equipment Purchases ._...._.--$ Publications and Printing .__...----....--.__----$ Equipment Purchases ,,......--..--.._----------._-$ Per Diem and Fees .........-..-._._.....-.._,,.-.-.-......$ Computer Charges --.-_..--..--,,.---.---..------.----$

697,000 84,757
6,000 --0--
19,000 --0-- --0-- --0-- --0-- 806,757 806,757
53
83,900 10,618
900 --0-- --0--
500 --0-- --0--

1552

JOURNAL OF THE SENATE,

Other Contractual Expense ---_-.-_--.-.,,....._.-....$ Total Funds Budgeted _-.___-,,.__,,___-_____.._..____.$ State Funds Budgeted -.._..._-_....-_.......__......._.$ Total Positions Budgeted

--0-- 95,918 95,918
7

7. Property Management Administration Budget:
Personal Services .......__......._,,....,,._....,,.....,,.._.$ Regular Operating Expenses __,,__,,_____.____--___$ Travel --.___.,,___,,_-.._________-_._.__._____--_._______.__.__.___.$ Motor Vehicle Equipment Purchases ..____.____.$ Publications and Printing .....__...._......._........_$ Equipment Purchases _--_._----,,._.----_--__,,--__.$ Per Diem and Fees ..._.,,......_...._._......._.._..,,_.....$ Computer Charges ....._-.....,,......_.__..,,._..._..,,....$ Other Contractual Expense ~------.......___--_____$ Total Funds Budgeted ,,_....._._-...___............._._...$ State Funds Budgeted ___...._,,-...._-...__-_.__-...$ Total Positions Budgeted

127,366 24,000 1,500 --0--
500 500 1,000 12,100 --0-- 166,966 166,966
9

8. Data Processing Services Budget:
Personal Services -....-.-.-.._..-..,,.-..-_............_....__.$ Regular Operating Expenses __,,__._.__..___._.___..$ Travel --------.--------------$ Motor Vehicle Equipment Purchases --.----__.$ Publications and Printing ...._...._-.-_,,...._--...__.$ Equipment Purchases _...-_.....__.....-.,,--_...-_-$ Per Diem and Fees ._....._...,,._...._,,..._-...___..,,-.._$ Computer Charges .___._-.___--,,_-_-----_-$ Rents and Maintenance Expense ..__--.,_-.--.....$ Other Contractual Expense --,,,,__.----__------$ Total Funds Budgeted ...,_....__.-......_.-..__---$ State Funds Budgeted ___....._....,,.-,,_...._.....__-._.$ Total Positions Budgeted

8,750,000 1,912,500
30,500
--0-- 38,500 68,000 695,000 200,000
9,406,832 --0--
21,101,332 9,846,153
650

9. Motor Pool Services Budget:
Personal Services ,,...,,--_---.,,---------__..--_--$ Regular Operating Expenses _--.__-.----.,,----$ Travel ..-..-._..-_-.-..--------------$ Motor Vehicle Equipment Purchases _,,.--..--$ Publications and Printing ,,..__.---,,.--------_--$ Equipment Purchases --__....--..---....--.,,-------$ Per Diem and Fees _,,--,,--..--.._-----------------$ Computer Charges ___.._....__-.....__.._....._...__-.._-$ Other Contractual Expense -_.___._____-._--_--_---$ Total Funds Budgeted _.._._-..._-._------_.$ State Funds Budgeted .,,__-...-.-..._,,..._-.._-..-..$ Total Positions Budgeted
10. Communication Services Budget:
Personal Services ..--.._.....,,-..-...-............---$ Regular Operating Expenses ....___...,,....__-...__.$

195,598 362,861
1,500 155,000
1,000 1,000 --0-- 1,800 --0-- 718,759 --0--
19
1,307,064 317,321

THURSDAY, FEBRUARY 26, 1976

1553

Travel ....................................^ Motor Vehicle Equipment Purchases .......--..$ Publications and Printing ----.-...-._.___....._..._--$ Equipment Purchases -__.-_--.-....--.--_.__.____.___.___.$ Per Diem and Fees ...-_........_..___.___.__.,,...___.__......$ Computer Charges ...............................^..............^ Other Contractual Expense ___._..__._..._,,.____________$ Telephone Billings ..............................................$ Total Funds Budgeted _._.,,.,,......,,..__...,,.,,...._.___.$ State Funds Budgeted ........._._._...._._.___.__.._._.._..$ Total Positions Budgeted

9,720 34,300 47,300 34,000 14,000 41,500 --0-- 13,259,000 15,064,205 5,000,235
103

11. Printing Services Budget:
Personal Services .--.........-.......----......-........-I Regular Operating Expenses ...........,,.._..___._...$ Travel .................^ Motor Vehicle Equipment Purchases _._.,,--_-$ Publications and Printing _....-...--...._______.-__.....$ Equipment Purchases ......................................^ Per Diem and Fees .......................$ Computer Charges ...................$ Other Contractual Expense ......,,---_,,........-.--$ Total Funds Budgeted __..,,._._,,..,,$ State Funds Budgeted .........__.___._........____..__.....$ Total Positions Budgeted

813,481 1,032,503
3,500 10,000 1,000 107,500
600 5,000 --0-- 1,973,584 --0--
75

12. Central Supply Services Budget:

Personal Services -,,,,,,,,--,, _.^.-- .$

Regular Operating Expenses -----.--....-.-----$

Travel

....... ....^

Motor Vehicle Equipment Purchases .--___--_--$

Publications and Printing ..,,.____.._-...... ..__________.$

Equipment Purchases ,...__.._.--....._-____..--....--_.$

Per Diem and Fees .............................................^

Computer Charges ..........................................^

Other Contractua.1 Expense .-..----.------------$

Total Funds Budgeted ........__,,__-....._-__..-...--$

State Funds Budgeted ,,_.___.._-....._-_.........___._-$

Total Positions Budgeted

93,070 540,946
100 --0--
2,000 2,000
640 2,500 --0-- 641,256 --0--
9

13. State Properties Commission Budget:
Personal Services ..____-......._.____......-__.........___--$ Regular Operating Expenses ..........................$ Travel ...............................................................^ Motor Vehicle Equipment Purchases ...____....._.$ Publications and Printing ................................^ Equipment Purchases .,,.._..___...,,.--_.....,,-------$ Per Diem and Fees .,,-__.__........_...._......_.__....-.-$ Computer Charges --..._.,,_--___,,.....-....----._,,....$ Other Contractual Expense .._.._.......-..___-----$ Total Funds Budgeted ......................................^ State Funds Budgeted ..........-..__.._-...-.___..-.-.$ Total Positions Budgeted

127,345 31,000
9,884 --0--
6,000 3,500 15,000 --0-- 5,000 197,729 197,729
7

1554

JOURNAL OF THE SENATE,

14. Volunteer Services Budget:
Personal Services ..............................................^ Regular Operating Expenses ._---.--_-___.___.____.f Travel -------____..__,,_..__$ Motor Vehicle Equipment Purchases ------- $ Publications and Printing ................................I Equipment Purchases -..,,.-...,,,,__-...-........_..__--..$ Per Diem and Pees __,,__..__,,...........,,................_$ Computer Charges .,,--._.__--______,,__--_____,,___._,,_$ Other Contractual Expense ....._.--....._--.,,........$ Total Funds Budgeted ..,,_---........,,--....,,......__.$ State Funds Budgeted --..........,,,,........,,__.___.._..$ Total Positions Budgeted

42,071 5,761 2,750 --0-- 5,000 --0-- 3,800 --0-- --0-- 59,382 47,382
3

Budget Unit Object Classes:
Personal Services ......................................... ^ Regular Operating Expenses .-....,,_-.----...-._.$ Travel .__.......-.._-_--_._.-.,,--.....-..__-.........__.-.$ Motor Vehicle Equipment Purchases ,,_____.__.$ Publications and Printing -..,,...,,,,........,,_-........$ Equipment Purchases .................................$ Per Diem and Fees ........................................ ^ Computer Charges _..........._--........._-_____,,_.__-_$ Other Contractual Expense ............................$ Rents and Maintenance Expense --..,,__,,--.....$ Workmen's Compensation ...................^ Direct Payments to Authority
for Operations _,,....,, __......,,__-.....,,_..........$ Capital Outlay ........................................ ^ State of Georgia
General Obligation Debt Sinking Fund ...............--..^...$ Authority Lease Rentals -.....-..,,---.,,_-...--.$ Telephone Billings .._..____,,........._,,....,,_-......-__.$ Total Positions Budgeted

13,376,895 4,415,456
97,704 199,300 137,100 224,200 730,040 3,058,900
5,000 9,406,832 1,340,000
2,310,672 405,000
744,425 2,495,903 13,259,000
1,012

Section 11. Department of Agriculture. Budget Unit: Department of Agriculture _.....f 16,055,120

1. Plant Industry Budget:
Personal Services ..........................^........ ........$ Regular Operating Expenses ....._...._.,,--_----.$ Travel .................................... ^ Motor Vehicle Equipment Purchases ,,_--..._.$ Publications and Printing ..,,,,....................._.$ Equipment Purchases ...................................$ Per Diem and Fees .........................................^$ Computer Charges -,,.--..----..,,.------..,,------,,..$ Other Contractual Expense --_-..__--__--__,,_--__$ Total Funds Budgeted .,,--._._.....--.......,,__._.$ State Funds Budgeted --..--_._._.,,_--....,,..._..._.$ Total Positions Budgeted

2,099,808 192,306 93,000
48,000 23,300 16,000
500 --0-- --0-- 2,472,914 3,366,914
183

THURSDAY, FEBRUARY 26, 1976

1555

2. Animal Industry Budget:

Personal Services --.___._-~_._____-__.-----_,,__.____._.$

Regular Operating Expenses ..................^

Travel

---._..___.___$

Motor Vehicle Equipment Purchases ............$

Publications and Printing ._...,,..._.,,...._........_._..$

Equipment Purchases _-,,-_--___,,_______,,_________$

Per Diem and Fees -_--_-------._..-__-___..__.__.........$

Computer Charges ............................................^

Other Contractual Expense __..,,.___..,,.......,,_.,,,,$

Athens Veterinary Laboratory Contract ...__.$

Tifton Veterinary Laboratory Contract ........$

Poultry Improvement Contract __._.__.________________$

Veterinary Fees ....................................... ^

Poultry Research Contract with

Georgia Institute of Technology ___._______._,,.$

Contract with University of Georgia to

Study Asiatic New Castle Disease ____._________$

Indemnities ......................$

Total Funds Budgeted .-..,..._...-......-__._-,,_......$

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

Total Positions Budgeted

664,000 101,000 43,423
8,000 9,300 4,300 --0-- --0-- --0-- 208,000 322,000 516,000 475,000
250,760
174,950 100,000 2,876,733 2,806,733
52

3. Marketing Budget:

Personal Services ___._._.............,,.....__.__.-...........$

Regular Operating Expenses _._.....,,.........___.__.$

Travel

........

.^

Motor Vehicle Equipment Purchases ....._._.__.$

Publications and Printing ____,,.,,......,,...__.____....$

Equipment Purchases ....................... ^

Per Diem and Fees ............_._.___..._.__......_______-$

Computer Charges ,,..______._....._..,,..._.___.___.------$

Other Contractual Expense

......... ^

Advertising Contract .................$

Authority Lease Rentals ......-._.____,,__......._....___.$

Total Funds Budgeted -__..___._.._,,......______..........$

State Funds Budgeted ............. ^

Total Positions Budgeted

982,258 191,633 33,400 24,000 12,000
1,350 2,700 --0--
31,100 35,000 945,000 2,258,441 2,113,849
81

4. General Agricultural Field Forces Budget:

Personal Services .__.____..,,....._...,,......_______.___.....$

Regular Operating Expenses .__._.___,,.......----$

Travel

.

4

Motor Vehicle Equipment Purchases ._--....--$

Publications and Printing ._..,,_..._.__.........,,...___.$

Equipment Purchases ---_----_,,_..__.,,__----------$

Per Diem and Fees ___,,,,..-_.--..,,.___.___.-....-,,_----$

Computer Charges .....--.------.--..-.------------.$

Other Contractual Expense --___________,,_.---__----$

Total Funds Budgeted ._...._.._...........___.._.........$

State Funds Budgeted

......... ^

Total Positions Budgeted

1,383,513 85,000 180,000 20,000 1,350 1,860
--0--
-- 0-- --0-- 1,671,723
1,671,723 131

1556

JOURNAL OF THE SENATE,

5. Internal Administration Budget:
Personal Services ............................ ^ Regular Operating Expenses ..........................$ Travel ---..__.--.....................-,,.....,,__-___-,,........,,$ Motor Vehicle Equipment Purchases ._____,,_-$ Publications and Printing ____._..........,,..__..___._...$ Equipment Purchases .._.-,,,,..,,...,,..__._._.___,,_,,....$ Per Diem and Fees _.,,.____.__...,,,,,,,,____.____,,_,,,,$ Computer Charges ............................................^ Other Contractual Expense --..,,..,,..,,--__..,,.._..$ Total Funds Budgeted --..........,,_.._..__.-.-..-.....$ State Funds Budgeted ................-_..-..............$ Total-Positions Budgeted

731,000
96,000 15,600 --0-- 32,200 1,500
500 85,686 --0-- 962,486 945,486
49

6. Information and Education Budget:
Personal Services ........................... .^ Regular Operating Expenses .........__..._..........$ Travel ....................................$ Motor Vehicle Equipment Purchases _,,.........$ Publications and Printing ................................$ Equipment Purchases -.-..---__-_-_..---.---.,,..-...,,$ Per Diem and Fees ........................... .^ Computer Charges ...........................^ Other Contractual Expense -..._,,..,,-..---,,...-,,- $ Total Funds Budgeted .....__..._......._..._.....___.__._...$ State Funds Budgeted _........._..._._....-__-_._.........$ Total Positions Budgeted

121,000 303,000
700 --0-- 262,600 --0-- --0-- --0-- --0-- 687,300 687,300
11

7. Fuel and Measures Standards Budget:
Personal Services ..............................................$ Regular Operating Expenses ___.,,_._____._______.___.$ Travel .....-..__--...--,,-.....----.-.....---...---$ Motor Vehicle Equipment Purchases __..__......$ Publications and Printing ,,.....-.-.$ Equipment Purchases .........................^ Per Diem and Fees ................. .^ Computer Charges .....__._.__.,,.....,,_..._,,.--.____.-.....-$ Other Contractual Expense ._..._....,,----...-----$ Total Funds Budgeted .._.._......,,..._........_._._........$ State Funds Budgeted -_-......._.__.._..-_._........._._.$ Total Positions Budgeted

653,000 123,000
68,000 54,000 6,000 3,250 --0-- --0-- --0-- 907,250 907,250
60

8. Consumer Protection Budget:
Personal Services __._,,___..__-.._._...___.....-._.___-___.$ Regular Operating Expenses -...._,,---....------$ Travel-----------------------I Motor Vehicle Equipment Purchases ._.___----$ Publications and Printing -__........._-_....,,._._--.$ Equipment Purchases ----------------------$ Per Diem and Fees .._-_,,....--.-_--.-.------....-----$ Computer Charges .__-.-.----._--..._.--.--.--------$ Other Contractual Expense ...........................--$ Total Funds Budgeted ...._...,,..........__-........,,.-$

559,000 46,000 20,000
8,000 3,200 --0-- --0-- --0-- -- 0-- 636,200

THURSDAY, FEBRUARY 26, 1976
State Funds Budgeted ..--------.------.------.$ Total Positions Budgeted

1557
636,200 39

9. Consumer Protection Field Forces Budget:

Personal Services ----------.----------------$

Regular Operating Expenses ------------._--$

Travel ........................ ^

Motor Vehicle Equipment Purchases --------$

Publications and Printing ...................._._^....$

Equipment Purchases

--$

Per Diem and Fees ----------.------------------$

Computer Charges ----------------------___$

Other Contractual Expense ..............................^

Total Funds Budgeted ------------------------$

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

Total Positions Budgeted

1,325,000 74,426 122,000 24,000 4,500 2,000
--0-- --0-- --3-- 1,551,926 1,409,465
104

10. Meat Inspection Budget:

Personal Services

- -$

Regular Operating Expenses ...------------.$

Travel---.-.....-..-..------.-..--.----?

Motor Vehicle Equipment Purchases ----..,,.$

Publications and Printing ................................^

Equipment Purchases ------------ ----------$

Per Diem and Fees --------------------.----.....$

Computer Charges .................................------..^

Other Contractual Expense ----------------....$

Total Funds Budgeted ------------------------ $

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

Total Positions Budgeted

1,757,000 47,000 140,000 12,000 4,000
--0-- 38,000
-- 0-- 34,900
2,032,900 864,900 145

11. Georgia Agrirama Development Authority Budget:

Payments to Agrirama Authority for

Operations ............................................^..^......^

Total Funds Budgeted --------.--------------$

Agency Funds Budgeted ........----------...--. $

State Funds Budgeted

$

415,300 415,300 105,000 310,300

12. Fire Ant Eradication Budget:
Personal Services ----.----.----.------ Regular Operating Expenses _.----...... Travel --..--------.........----------....-- Motor Vehicle Equipment Purchases Publications and Printing ____-------- Equipment Purchases --._......---------- Per Diem and Fees ----..-..--.-------- Computer Charges ------------.---- Other Contractual Expense --...------. Purchase of Bait -------------------- Total Funds Budgeted ----------------

156,200 2,000 39,200
--0--
1,600 --0--
2,000 --0--
708,400 590,600 1,500,000

1558

JOURNAL OP THE SENATE,

State Funds Budgeted .......................$ 1,335,000

Total Positions Budgeted

0

Budget Unit Object Classes:
Personal Services ................................$ Regular Operating Expenses _....._,,,,....._......._.$ Travel -_...----__.......-,,-...,,.-....._.....____.....-__..$ Motor Vehicle Equipment Purchases ......--...$ Publications and Printing ,,___,,,,._.__._______,,___.$ Equipment Purchases -......_-.._._,,...__,,....___.....,,.$ Per Diem and Pees ............................... ^ Computer Charges ._-......._......._............_._......._..$ Other Contractual Expense ..__....,,.-...-_...._.....$ Purchase of Bait ................................$ Athens Veterinary Laboratory Contract __....$ Tifton Veterinary Laboratory Contract ____,,_$ Poultry Improvement Contract ,,--.,,--.,,--.-$ Veterinary Pees ,,_.____,,_____..______,,__.__._,,__,,___.._.____$ Poultry Research Contract with
Georgia Institute of Technology .__.........,,_.$ Contract with University of Georgia
to Study Asiatic New Castle Disease ___.._.$ Indemnities ..............$ Advertising Contract ....................... ..^ Authority Lease Rentals ............. ....^ Payments to Agrirama Authority
for Operations ................................................^ Total Positions Budgeted

10,431,779 1,261,365 755,323 198,000 360,050 30,260 43,700 85,686 774,400 590,600 208,000 322,000 516,000 475,000
250,760
174,950 100,000 35,000 945,000
415,300 855

Provided, that of the above appropriation relative to Regular Operating Expenses, $35,000 is designated and committed for livestock and poultry show relating to research and promoting.
Section 12. Department of Banking and Finance.

Budget Unit: Department of Banking and Finance ...............................

1,648,714

1. Administration Budget:
Personal Services ..... .^ ... Regular Operating Expense --__------__ Travel ................. Motor Vehicle Equipment Purchases Publications and Printing ............. Equipment Purchases -.,,-..-_--,,,,-,,---- Per Diem and Fees ..................... Computer Charges _..-- .---.-- Other Contractual Expense -..___--,,_--_ Total Funds Budgeted ..__,,________..._-_______ State Funds Budgeted ......... Total Positions Budgeted

318,606 55,620
5,000 --0--
14,000 --0--
2,200 8,740 --0--
405,166 405,166
20

THURSDAY, FEBRUARY 26, 1976

1559

2. Examination Budget:
Personal Services --._--.-----.-._-._...,,..__._....._.___.$ Regular Operating Expenses ................ ^ Travel .............. ..^............................ ^ Motor Vehicle Equipment Purchases ....______..$ Publications and Printing -..................$ Equipment Purchases ................. ........^ Per Diem and Fees .......-................$ Computer Charges --__,,___.----.._______,,-_-______._____$ Other Contractual Expense --..._.__.____--.,,._______.$ Total Funds Budgeted ......................... ^ State Funds Budgeted .............. ......^ Total Positions Budgeted

990,000
9,548 240,000
--0-- --0--
4,000 --0-- --0-- --0-- 1,243,548 1,243,548
62

Budget Unit Object Classes:
Personal Services ..................,........$ Regular Operating Expenses ........................$ Travel ._.__._._-_-_________,,___,,..._._.._____.._._.______._____,,_$ Motor Vehicle Equipment Purchases __--____--$ Publications and Printing ---___.,,....,,..,,..,,_.__..$ Equipment Purchases ,,__.--.-...-_.___.___..........-_..$ Per Diem and Fees .......................$ Computer Charges .......................... ..^ Other Contractual Expense ............................^ Total Positions Budgeted

1,308,606 65,168
245,000 --0--
1,400 5,000 2,200 8,740 --0--
82

Section 13. Department of Community Development.

A. Budget Unit: Department of Community Development ...-._...__._...__.....,,.......__..._..___._._.__.$ 14,935,381

1. Industry Budget:
Personal Services ........................................I Regular Operating Expenses ___--___.__---------$ Travel .........................................$ Motor Vehicle Equipment Purchases --------$ Publications and Printing ........................ i Equipment Purchases .................................--....^ Per Diem and Fees ............^ Computer Charges .._.....,,--....-.-_-.._..-_..--------$ Other Contractual Expense ..............--._._._.._..$ Total Funds Budgeted ._-._-__.......-..-.--_-.....$ State Funds Budgeted ......................................I Total Positions Budgeted

265,000 10,749 45,500
--0-- 2,500
--0--
2,000 --0-- --0-- 325,749 325,749
15

2. Research Budget:

Personal Services ________.._._..._...___._..._._..----.$

Regular Operating Expenses ------...---------$

Travel

......... ..^

Motor Vehicle Equipment Purchases .--........$

230,700 45,085
5,000 --0--

1560

JOURNAL OF THE SENATE,

Publications and Printing .......,,_....__......_,,...__.$ Equipment Purchases --....--.....,,__--......_......,,.$ Per Diem and Fees -- ---...--......__-.,,------....._..$ Computer Charges .,_._-...,,._......._..._....,,_...._.....$ Other Contractual Expense ._,,--__._--__--_._--,,..$ Total Funds Budgeted -.-__-......_.........._....__-....$ State Funds Budgeted -_._-...._.....-....,,..._-..-$ Total Positions Budgeted

2,000 485
1,800 19,473 --0-- 304,543 284,143
17

3. Tourism Budget:
Personal Services .....,,--.._-....,,...,,...,,._..._-...$ Regular Operating Expenses __.___--,,,,._,,..___.$ Travel .,,....._......,,....,,.-..__-..,,_......__.,,.-...._.....__$ Motor Vehicle Equipment Purchases --.---...$ Publications and Printing -._--__.__,,_,,__.__--.-__.$ Equipment Purchases - _,,--_...,,.__.....,,..__.._--... $ Per Diem and Fees ..._._-..._._................._-.....__-.._.$ Computer Charges .--..--...--..._--..._._._......__...._.$ Other Contractual Expense __.....--,,_...___--__...$ Local Welcome Center Contracts .-.,,..__....._,,..$ Total Funds Budgeted .,,,,..,,,,,,,,.,,.$ State Funds Budgeted ......_....._....__...._-..._-.__.$ Total Positions Budgeted

629,255 294,660 28,000 --0--
300 6,220 50,000 4,500 --0-- 75,230 1,088,165 1,088,165
68

4. Internal Administration Budget:
Personal Services ..-.-.....-...-.-........--...--....--..--I Regular Operating Expenses -..._-...___..._._..._.$ Travel .__._ .,,.. ,,_,,,,.,,.. - - ^$ Motor Vehicle Equipment Purchases ..__,,_..--$ Publications and Printing .._._..-__...-_.........__-.._.$ Equipment Purchases ._._..,,_..--._.--....--._--,,--.$ Per Diem and Fees __...-......_...._....-.._._-.._...-.-$ Computer Charges __...---...,,------,,--_------------$ Other Contractual Expense .,,.._._..,,..._--._--.,,--$ Promotional Parade Floats __.___..___.________-__-_..-$ Direct Payments for World
Congress Center Operations ...._...--..----_--$ Total Funds Budgeted _-..._.......,,__..-_._..__---$ State Funds Budgeted ....___..............__..-._..........$ Total Positions Budgeted

451,100 388,957
15,000 --0--
27,000 500
16,000 6,800 --0-- --0--
450,000 1,355,357 1,355,357
29

5. International Budget:
Personal Services ._--,,.--..__...----.,,...------.----$ Regular Operating Expenses ...--...--..._...._-._$ Travel .-.............-....-..--....-.........-....-...-.--I Motor Vehicle Equipment Purchases _...,,...--$ Publications and Printing ____,,.___..,__.._-_----,,---$ Equipment Purchases __-.,,_,,..___..._.._---------$ Per Diem and Fees .........._......_....-...__-...__...._-$ Computer Charges ----....--....--.---..----.-_------$ Other Contractual Expense ._.....--...--,,..--.._..._$ Total Funds Budgeted _......_.....,,......_.,,.........._..$

144,532 59,053 42,709
--0-- 1,050 2,600
111,300 9,245
--0-- 370,489

THURSDAY, FEBRUARY 26, 1976
State Funds Budgeted ....................._..,,............$ Total Positions Budgeted

1561
370,489 8

6. Advertising Budget:
Advertising ..........................................................^ Total Funds Budgeted ......................................$ State Funds Budgeted ............................ ..^, Total Positions Budgeted

628,000 628,000 628,000
0

7. Ports Authority Budget:
Authority Lease Rentals ..,,.._..........-..-.............$ State of Georiga General Obligation
Debt Sinking Fund .........._.,,.....,,...__..___.__...__.$ Total Funds Budgeted ....................._................$ State Funds Budgeted .....................................^ Total Positions Budgeted

2,790,000
5,200,000 7,990,000 7,990,000
0

8. World Congress Center:
State of Georgia General Obligation Debt Sinking Fund . . $
Total Funds Budgeted __.._....___.__..__.___.______.....__.$ State Funds Budgeted ....................................$

2,893,478 2,893,478 2,893,478

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses ___._..-_...,,.._.._......$

Travel

..................... ^,

Motor Vehicle Equipment Purchases ________.___$

Publications and Printing _._._..........._...............$

Equipment Purchases ................................... .....^

Per Diem and Fees ............................................$

Computer Charges .__.__.._._._._.___.._.........._...-.__.$

Other Contractual Expense .------.---------- $

Local Welcome Center Contracts _______.___._._._._.$

Advertising ........._._..._.______._._.._..__..-.._...._........._..$

Promotional Parade Floats --.....---.----------.$

Authority Lease Rentals ................................^

State of Georgia General

Obligation Debt Sinking Fund ................... 9

Direct Payments for World

Congress Center Operations .........................$

Total Positions Budgeted

1,720,587 798,504 136,209 --0-- 32,850 9,805 181,100 40,018 --0-- 75,230 628,000 --0--
2,790,000
8,093,478
450,000 137

Provided, that from the above appropriation for the State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing the construction and equipping of a general cargo facility on Colonel's Island in Glynn County, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obligation
Debt.

1562

JOURNAL OP THE SENATE,

B. Budget Unit: Community Affairs _._--.......,,..__.$ 2,627,991

1. Executive Office and Administrative Support:

Personal Services ___.___.___.__...,,..._...__._..,,..__.__..__..$

Regular Operating Expenses --__.__----___________.$

Travel .................................$

Motor Vehicle Equipment Purchases ___._______.$

Publications and Printing .._...____...,,.______..........$

Equipment Purchases --..._.__.___............ ,,_.$

Per Diem and Fees .................

^

Computer Charges _------.___----___,,.__--______.__,,$

Other Contractual Expense ___-..,,______.._...._..___.$

Total Funds Budgeted __-.___.-..........___.._......___.__..$

State Funds Budgeted _......._._.___.___.........__._.,,._$

Total Positions Budgeted

123,626
14,979 3,000
--0-- 1,000 1,418 2,200
--0-- 56,000
202,223 173,207
6

2. Area Development:

Personal Services ........_.__._..._..__.........__.___..._____$

Regular Operating Expenses __......______....___.,,..$

Travel

............. ^,

Motor Vehicle Equipment Purchases ,,.,,----.$

Publications and Printing .__.__...._.____.....,,.___-..._$

Equipment Purchases ....__.._.-.....__,,.-..-__-____.....___$

Per Diem and Fees ..,,.__.___........_____..,,._.__-...__.__-.$

Computer Charges ._____....._..,,___._...____.--.._.__..--.$

Other Contractual Expense -..._._.--..--___,,.._.--$

Grants to Area Planning and

Development Commissions .._.___._....-___._..-_..$

HUD 701 Planning Grants ..___-_......__._-....._.._....$

Total Funds Budgeted .....__.___,,.,,___....._...__...__.$

State Funds Budgeted .......................................^

Total Positions Budgeted

298,000 15,067 8,400
--0-- 2,343 6,800 525
--0-- --0--
1,170,000 899,936
2,401,071 1,363,201
18

3. Local Development:
Personal Services .................-.....-...............--..I Regular Operating Expenses ,,_______--___------$ Travel ....._____..-...-___....__._-.....-_____.....___.-_.__---$ Motor Vehicle Equipment Purchases ,,_.._--.-$ Publications and Printing .....--__...----,,------$ Equipment Purchases __...._______...,,____-.--._....--.--$ Per Diem and Fees .__-...____.-....__-__-....._-.._____..--$ Computer Charges ..___._....____..,,____..--._,,..--,,.$ Other Contractual Expense ...--__.___...--....,,----$ Total Funds Budgeted _-..__...._.___......_.._-.._.._--.$ State Funds Budgeted ......................................I Total Positions Budgeted

308,176 18,000 16,000
--0-- 6,000 4,000
--0-- --0-- --0-- 352,176 127,374
18

4. State Development:
Personal Services .__,,,,.-__..--.,,--_._,,.--__....--_..._$ Regular Operating Expenses ..._.__,,...___..--_.$ Travel ...... ...._._..-.___.__...__.._-...__-..-.$

--0-- --0-- --0--

THURSDAY, FEBRUARY 26, 1976

1563

Motor Vehicle Equipment Purchases .......___..$ Publications and Printing __._..,,-,,.._._._.__..........$ Equipment Purchases ,,.,,_______------_-.___..._________$ Per Diem and Fees -_._._..._...._...,,.--._..__.._._......_..$ Computer Charges .._-.....$ Other Contractual Expense .....-----------.......$ Total Funds Budgeted _........__..._._..... __._..________$ State Funds Budgeted .....................................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- -- 0-- -- 0--
0

5. State Crime Commission Planning and Grant Administration:

Personal Services

....-$

Regular Operating Expenses ...........................^

Travel ......................... ..^

Motor Vehicle Equipment Purchases ______....._.._$

Publications and Printing ____.__.__.____________________.$

Equipment Purchases ........................--.............$

Per Diem and Fees

$

Computer Charges __........ ....................................^

Other Contractual Expense _____.__.._____________.__..$

Total Funds Budgeted .....................................^

State Funds Budgeted .......................................^

Total Positions Budgeted

715,000 112,200 28,775 --0-- 19,000
1,000
33,200 34,275 --0-- 943,450 84,209
45

6. LEAA Grants Budget:

LEAA Juvenile Justice ...........-....___.__.._..._._.__..$

LEAA Action--Local ................................I

LEAA Action--State .._...................___.._..._._...$

LEAA State Buy-In _.__._..__.__._..-_..--_...-.-$

LEAA State Buy-In Reserve ..........................^

LEAA Planning ....___.._.._...-._....._........-...._..-.-$

Total Funds Budgeted ... .

$

State Funds Budgeted .......................................^

Total Positions Budgeted

432,020 7,701,300 3,798,700
293,000 587,000 653,512 13,465,532 880,000
0

Budget Unit Object Classes:

Personal Services .....-------$

Regular Operating Expenses --__,,.-----.-------$

Travel ...................

.^

Motor Vehicle Equipment Purchases --._.----$

Publications and Printing ______---------- --~ --.$

Equipment Purchases _..........._.-----------------$

Per Diem and Fees ........_-....-......-.------$

Computer Charges ........_....._.._._.........-........--$

Other Contractual Expenses ..........................^

Grants to Area Planning and

Development Commissions ...... ..,,..--....,,...-.$

HUD 701 Planning Grants ._.............._...._.._.....$

LEAA Action Local _......._._.__.._......._....._.._..___._.$

LEAA Action State ._.........._......._._....-..-.--$

LEAA State Buy-In ..............-.^

LEAA State Buy-In Reserve ......................_...?

1,444,802 160,246 56,175 --0-- 28,343 13,218 35,925 34,275 56,000
1,170,000 899,936
7,701,300 3,798,700
293,000 587,000

1564

JOURNAL OF THE SENATE,

LEAA Planning ___.........___.....__..,,...._.....,,_......,,.$ LEAA Juvenile Justice ...._._._._._...,,.__..-....._....__.$ Total Positions Budgeted

For general administrative cost of operating the Department of Community Development, including ad vertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission Office, in cluding the State "buy-in" for Law Enforcement Assis tance Agency grants to local governmental units.

653,512 432,020
87

Section 14. Office of Comptroller General.

Budget Unit: Office of Comptroller General __.__......,,_._._.__..-.._....___..-...._....,,__._._.__........$ 3,018,500

1. Internal Administration Budget:
Personal Services _._.--.....--._____-....-__.....--.._....$ Regular Operating Expenses ...,,__.-...,,..__.._.....$ Travel ................. ..^ Motor Vehicle Equipment Purchases ....__..___.$ Publications and Printing __._,,_____--._--____--.---$ Equipment Purchases ...................................--^ Per Diem and Fees ........_._-___......_...-.._._-__.._.......$ Computer Charges _._.... ..._...._._......,,.--......._.....$ Contractual Expense -....._.._...,,.,,.._......_...__......$ Total Funds Budgeted ._............_.__..._.._,_.__.._._...$ State Funds Budgeted ___.___.____,,__..____.__._____.__....$ Total Positions Budgeted

302,000 61,000 13,000 --0--
5,374 1,800 9,200 --0-- --0-- 392,374 392,374
19

2. Insurance Regulation Budget:

Personal Services ................ .^,

Regular Operating Expenses ....__........_......___..$

Travel ...................

.^

Motor Vehicle Equipment Purchases ...._._.._..$

Publications and Printing __......__........_....._._..__-$

Equipment Purchases ___._._.___.,,..........--......__.___.$

Per Diem and Fees ...-._.............___.,,..._.._....._..._.$

Computer Charges _..-._...-.,,_._-____.._.____..........__..$

Other Contractual Expense _.....,,__..,,.,,.._._..,,$

Total Funds Budgeted _..._.-.....__.._..._......._...--.$

State Funds Budgeted ........_._.._...............__..._...$

Total Positions Budgeted

499,864 26,069 8,400
--0-- 18,400
--0-- 8,200 25,800
--0-- 586,733 586,733
40

3. Industrial Loans Regulation Budget:

Personal Services ....................... ....^,

Regular Operating Expenses __________,_______.__-$

Travel .......

^

Motor Vehicle Equipment Purchases _._.,,..--.$

Publications and Printing ....__._..._..___.,,.__._.._..$

Equipment Purchases ...._._._-..-.,,,,.._...,,_.,,..-----$

221,739 22,000 11,442 --0-- 2,355 --0--

THURSDAY, FEBRUARY 26, 1976

1565

Per Diem and Fees -------._--.--._..-..-..,,----...$ Computer Charges --.--.....__..,,...__.___._,,.....-...-...$ Other Contractual Expense _.,,.._.__.._._.___._,,.._..._.$ Total Funds Budgeted __..___..............._.._..__......$ State Funds Budgeted __..__........_.__.._._.__.........._.$ Total Positions Budgeted

--0-- --0-- --0-- 257,536 257,536
15

4. Information and Enforcement Budget:

Personal Services ...._-......._....._._.__...._._......._.--.$

Regular Operating Expenses ...._--....__.._,,--_-..$

Travel

,,.,,_.__...._.._...,,.._...._$

Motor Vehicle Equipment Purchases _.,,--....$

Publications and Printing __________________..__..________$

Equipment Purchases _._..,,.----..--......,,._..--...._.$

Per Diem and Fees .._.........._..___._._..__._..,,.........$

Computer Charges -------.-_--_,,_-.--_____.------$

Other Contractual Expenses _.......___.__............$

Total Funds Budgeted ___.___.___.____......_____...,,..._______.$

State Funds Budgeted ._........_....._._..._._...........__..$

Total Positions Budgeted

377,854 31,147 14,000
--0-- 2,300 700
--0-- --0-- --0-- 426,001 426,001
31

5. Fire Safety and Mobile Home Regulation Budget:
Personal Services .............................................I Regular Operating Expenses ...._..._.........--_..$ Travel ....................................................................I Motor Vehicle Equipment Purchases ...._--......$ Publications and Printing ............................_.,,$ Equipment Purchases __.._........................_..._.....$ Per Diem and Fees _._._...-......._._.._......__......_._._._.$ Computer Charges -----------_.-..__.___..__.__.----...$ Other Contractual Expense ,,_........._._._..-_......$ Total Funds Budgeted ___.___,,....___________________.__._$ State Funds Budgeted _...._........_......._.___....._.......$ Total Positions Budgeted

1,182,697 87,000 128,248
--0-- 15,711 4,200
--0-- --0-- --0-- 1,417,856 1,355,856
97

Budget Unit Object Classes:
Personal Services _...._...........__.._._.._...............__._.$ Regular Operating Expenses __._...._._......_........$ Travel _._........._..._._.__.._...__.......__.._..............__.._..._._.$ Motor Vehicle Equipment Purchases ....,,.--...$ Publications and Printing ____.._._______________..._.__$ Equipment Purchases _......._..._...._......_._.._..__..,,$ Per Diem and Fees ...._......._._._..........._.__......_.._..$ Computer Charges _......._..... ......_.._._.__......_..._...$ Other Contractual Expense ....._.........._....__.._..$ Total Positions Budgeted

2,584,154 227,216 175,090 --0-- 44,140 6,700 17,400 25,800 --0-- 202

Section 15. Department of Defense.
Budget Unit: Department of Defense __.._._..__.$
1. Administration and Support of State Militia Budget:

1,599,346

1566

JOURNAL OP THE SENATE,

Personal Services ...._..__.--..-__....._._.--.--.....__....$ Regular Operating Expenses ...._._......_._.....__.$ Travel .............. ..^$ Motor Vehicle Equipment Purchases ______..__..__$ Publications and Printing ................................$ Equipment Purchases .-..._.._._........._-_...-...__.._-$ Per Diem and Fees .-.._._._._._...-..._..._._.._-..._..._._.$ Computer Charges ____________.._____.____,,_._--________,,.$ Other Contractual Expense .._.__......_.._._.._..._.$ National Guard Units Grants _..._._......-....._._.? Georgia Military Institute Grant ..-..._..._._.$ Total Funds Budgeted ......_.._...._._...__...............$ State -Funds Budgeted ......................................$ Total Positions Budgeted

549,193 99,500 5,500
--0-- 25,000 2,200 6,000
--0-- --0-- 204,880
16,000 908,273 908,273
36

2. Civil Defense Budget:

Personal Services ..............................................^

Regular Operating Expenses ....__.........._....._._.$

Travel

_ _ . ._ ......__-___-....._._..._.$

Motor Vehicle Equipment Purchases ._..___._._.$

Publications and Printing ._.___..,,..-----______-_--$

Equipment Purchases .----_,,----,,_------,,-------$

Per Diem and Fees ............................................^

Computer Charges _-___--_--_________...-------____,,_--$

Other Contractual Expense ............................^

Total Funds Budgeted ........................................^

State Funds Budgeted ........__.._.......__.._-.._._.._....$

Total Positions Budgeted

475,000 68,584 11,000
--0-- 5,800
--0-- -- 0-- --0-- --0-- 560,384 295,104
33

3. Armory Maintenance and Repair Budget:

Personal Services ..............................................^

Regular Operating Expenses ,,...,,.----.........._.$

Travel

,,....._,,__.._$

Motor Vehicle Equipment Purchases .--___._--$

Publications and Printing ....___.__..__..___.__._...,,_$

Equipment Purchases _-_----_____.--..,,-----______----$

Per Diem and Fees _....,,._--_______......---..._._.__....,,$

Computer Charges --------___._._..,,._----.....,,----$

Other Contractual Expense ._..._..__...--.._....._...$

Total Funds Budgeted __._._...................._....._..._.$

State Funds Budgeted ...._....._.__.._...._...__....._._.$

Total Positions Budgeted

61,000 95,000
3,500 --0-- --0--
1,000 --0-- --0-- --0-- 160,500 160,500
5

4. Disaster Preparedness and Recovery Budget:

Personal Services __---...,.-..........--...,,_.........$

Regular Operating Expenses --.----...,,....,,--$

Travel .........................

^

Motor Vehicle Equipment Purchases __..___.__..$

Publications and Printing ..,,______,,,,....,,_____,,._.$

Equipment Purchases ......................................^

Per Diem and Fees ,,_._----..-.._..-...-_..--._.._._._,,.$

Computer Charges ............................................^

157,049 10,121 23,000
--0-- 9,100 2,250
--0-- --0--

THURSDAY, FEBRUARY 26, 1976

1567

Other Contractual Expense _._.,,..._..___......_.....$ Total Funds Budgeted ....................................I State Funds Budgeted ,,,,_,,__.__-...,,$ Total Positions Budgeted

32,542 234,062 --0--
10

5. Service Contracts Budget:
Personal Services ,,.----. $ Regular Operating Expenses __.._._.___...............$ Travel ....,,........_....._.-.....__,,__._....................._..,,.._._.$ Motor Vehicle Equipment Purchases _,,----_..$ Publications and Printing ........,,........_.__...,,._$ Equipment Purchases ___.____,,-_____,,.__,,____-___._--.$ Per Diem and Fees ........................................--.$ Computer Charges __ --_--_____,,------_-------.$ Other Contractual Expense ....___..__.....,,.___....$ Total Funds Budgeted ....................................I State Funds Budgeted __ .__.................__..._.._...$ Total Positions Budgeted

1,297,172 180,482 3,000 --0-- --0-- --0-- --0-- --0-- 6,784
1,487,438 235,469 122

Budget Unit Object Classes:
Personal Services ..---._.____.__.__-........____.._.--_._..$ Regular Operating Expenses ._.__.________.,,________$ Travel __..........._.___._._....._........__._____.......,,..______._$ Motor Vehicle Equipment Purchases ___----_.$ Publications and Printing .__._________.___........__..._.$ Equipment Purchases .,,..._.___..,,...._........_.,,___.___.$ Per Diem and Fees _._.___--..._...-..___.__.___.............$ Computer Charges --.--------.--.-,,--..._.__------$ Other Contractual Expense ....._......___._..-......$ National Guard Units Grants ___.___.........._..___.$ Georgia Military Institute Grant _...._..___.___.._..$ Total Positions Budgeted

2,539,414 453,687 46,000 --0--- 39,900 5,450 6,000 --O1-- 39,326 204,880 16,000 206

Section 16. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education ......_......$ 657,297,314

1. Pre-School Education Budget:
Personal Services _.___.__-......_____...._._........,,._._____.$ Regular Operating Expenses .______________,,_,,______$ Travel .........___.__.___.__.-.-....._.__.__............______,,._......$ Motor Vehicle Equipment Purchases ...._._.___.$ Publications and Printing __......,,.._._.__......_._._.$ Equipment Purchases ----___..__________________,----___$ Other Contractual Expense ....,,.............-__..__.$ Per Diem and Fees --------___._,,_,,____________.........$ Computer Charges ,,..__._______________._____._____,,________$
APEG Grant: Selective Pre-School Development ._..........$
Non-APEG Grant:

118,054 11,542 11,213 --0-- 3,000
500 --0-- --0-- --0--
6,474,071

1568

JOURNAL OF THE SENATE,

Education of Children of Low-Income Families .-----.._._-........._._.___.$
Total Funds Budgeted _,,_____,,_.__________.___.___.___.$ State Funds Budgeted ...._._.__..._... ...._._...._.._.....$ Total Positions Budgeted

14,650 6,633,030 6,616,872
7

2. General Education Budget:

Personal Services _..,,......._.____-_....._.__........._....._.$ 625,894

Regular Operating Expenses -.____._.----___________$

61,962

Travel

-._.,,.___$

43,562

Motor Vehicle Equipment Purchases ..,,._...__.$ --0--

Publications and Printing ,,__ --.__.,,....--__.._....-$

54,713

Equipment Purchases ,,,,__.._._.__......_.__,,......,,..__..$

500

Per Diem and Fees .__.___._.-......_.-.__.._.....,,_...__.....$

33,136

Computer Charges --..._,,_...._.__,,._.......__._..,,......$ --0--

Other Contractual Expense ________.__..._..__._______.$

10,000

APEG Grants:

Salaries of Instructional Personnel

(Sec. 10(a)(l) and 10 (a) (2)) __.._....,,$ 349,075,897

Instructional Media (Sec. 13) ___.._...._._.____..$ 11,835,420

Instructional Equipment (Sec. 14) ......_.___.$ 492,208

Maintenance and Operation (Sec. 15) _.....$ 57,193,350

Sick and Personal Leave (Sec. 16) ........._..$ 2,958,075

Travel-Regular (Sec. 17) .__..__......_____........_.$ 600,000

Isolated Schools _._......_..___._._...,,__.._........._.._....$

106,492

Mid-Term Adjustment .....--_._._...._.._..._._...._..$ 2,000,000

Required Local Effort ..__....._...__.....__...__..._.$ (78,550,000)

Non-APEG:

Teacher Retirement ....,,...__.-_-.....___-.-...._..__.._...$ 27,152,596

Driver Education _____...-..........___......__._____,,.._..$ 350,000

Total Funds Budgeted .._.___.___......._____.....,,_____.$ 374,043,805

State Funds Budgeted .._......_...._-......_.._........_.$ 373,391,811

Total Positions Budgeted

36

3. Special Education Budget:
Personal Services ..,,...,,.,,$ Regular Operating Expenses _________..--___________-$ Travel __..._.._._._..-.-____....._-..._.._._-_-....._._.._........_._.$ Motor Vehicle Equipment Purchases ._......___.$ Publications and Printing ....__....-__._._-......---.$ Equipment Purchases -.......__.__....,,.._..-.,,._.__.,,.,,$ Per Diem and Fees ___.,,-.....___.__......__-_......___..__.$ Computer Charges _.-.,,_.___._...,,..,,..._.-.,,__.......--$ Other Contractual Expense ___.-.....-.._--.....__..$ APEG Grants:
Salaries of Instructional Personnel (Sec. 5) .__..__.....___-............-____....._._-___.....__.$
Instructional Media (Sec. 13) ___.....,,...._._...$ Maintenance and Operation (Sec. 15) .....__.$ Sick and Personal Leave (Sec. 16) _______.__..$ Travel-Special (Sec. 17) ___.-....-__..........._..-. Special Education Leadership Personnel
(Sec. 21 (c) (2)) .._..._.........._...__..._..__.._.......$

558,586 60,993 40,066 --0--
6,100 1,900 10,700 --0-- 146,000
42,823,088 1,489,200 7,197,800 372,300 87,400
1,167,086

THURSDAY, FEBRUARY 26, 1976

1569

Non-APEG Grants:

Instructional Services for

the Handicapped ..__.....__._._-..-.._.._...__....,,...$

Preparation of Professional Personnel

in Education of Handicapped Children ..$

Educational Training Services

for the Mentally Retarded .__.__..._.__..-..-__.$

Tuition for the Multi-handicapped .._.___.....$

Severely Emotionally Disturbed ......_.__,,...._.$

Teacher Retirement ....___.....__-_.....-___......_.......$

Total Funds Budgeted ___-_.__.._..-___.__.._._.______._-.$

State Funds Budgeted

....-_____...$

Total Positions Budgeted

2,293,979
106,454
50,000 522,000 5,352,773 3,416,333 65,702,758 63,085,083
27

4. Compensatory Education Budget:

Personal Services . ..... ^.- --.-.---.$

Regular Operating Expenses ......----..----_._...$

Travel

.................... ^

Motor Vehicle Equipment Purchases .--,,_.._.$

Publications and Printing ...._......___.....__......__$

Equipment Purchases ..._._--._____--,,___-----_--_---$

Per Diem and Fees _...______.._______._______,,_____,,_____$

Computer Charges --,,,,___--_._.___,,----.__._----..-_-_$

Other Contractual Expense ___..-_________--________$

364,205 38,622 21,082 --0-- 5,600
700 600 --0'-- --0--

Non-APEG Grants:
Compensatory Education .._..___......____......._.$ Education of Children of
Low-Income Families ................................^ Education of Children of
Low-Income Families (Migratory) ____,,,,$ Total Funds Budgeted -...-.....,,_......_..__....._.$ State Funds Budgeted .__..__..__._.____._____,,______.._-$ Total Positions Budgeted

10,246,747
46,327,880
659,000 57,664,436 10,326,998
25

5. Vocational Education Budget:

Personal Services

___-.--------$

Regular Operating Expenses --,,--__--_--------$

Travel ...................$

Motor Vehicle Equipment Purchases ,,..__.___.$

Publications and Printing ___...,,_._.........._______._.$

Equipment Purchases ..____...-_.__,,....,,..,,,,-....-..__.$

Per Diem and Fees ............-.......^....................^

Computer Charges _-.-__.._....,,___...-.._.-__.--,,--.--$

Other Contractual Expense _......____._......-_-___--$

1,788,976 157,271 171,339 --0-- 33,270 13,099 33,313 --0-- 16,397

Non-APEG Grants:
High School Program _._.....-_..._.......-...._.........$ Vocational Teacher Training .......................^

13,343,061 215,000

1570

JOURNAL OF THE SENATE,

Vocational Education Research and Curriculum ............................... ^
Adult Education ......................._....... ^ Area Vocational Technical Schools .,,.____....$ Junior College Vocational Program __,,--,,__.$ Quick Start Program .................. ^ Comprehensive Employment
and Training ............................... ...^ Teacher Retirement ..__..._,,__.....-...__-.....__....$ Total Funds Budgeted .-.......__...,,_...._-_.._____....$ State Funds Budgeted ....___......__-..._-,,__..-..._.$ Total Positions Budgeted

269,000 2,298,942 27,115,288
463,000 900,000
2,919,452 1,807,547 51,544,955 34,336,975
107

6. Student Services Budget:
Personal Services ..............................$ Regular Operating Expenses --____--_____,,______$ Travel --.-------.---$ Motor Vehicle Equipment Purchases __.._-_,,.$ Publications and Printing __..,,__._....__...,,,,....___.$ Equipment Purchases .............................. ^ Per Diem and Fees ...................... ....^ Computer Charges ..----.,,--.-..--..-----.--------? Other Contractual Expense ._--__--__--_--..--$

250,635 22,251 16,214
--0-- 2,800
--0-- 619
--0-- --0--

APEG Grant:
Salaries of Student Supportive Personnel (Sec. 20(a)) ............................^ 16,695,499

Non-APEG Grants:
Guidance, Counseling and Testing _,,.--,,--$ Teacher Retirement ................. .^ Total Funds Budgeted .____.._..__.___-______-..________.$ State Funds Budgeted ............ .....^, Total Positions Budgeted

180,626 1,289,003 18,457,647 18,423,749
15

7. Media Services Budget:
Personal Services ................... ^..... .........$ Regular Operating Expenses --___,,--__--.._.....$ Travel .__-.....-_-....__-...____....-.-__...-..__-...,,-...__-____-$ Motor Vehicle Equipment Purchases --,,--.._$ Publications and Printing ........................^ Equipment Purchases ..............................J$ Per Diem and Fees _....,,.....___......_...,,....__-...__.$ Computer Charges ..............--...--..----.... ^ Other Contractual Expense _---____--_--._------$ Authority Lease Rentals ........... ..^ Non-APEG Grants:
Educational Television ,,____.__.___-____--_-..$ School Library Resources and
Other Materials _____._____,,____.,,_.___..__._-.-_$ Total Funds Budgeted ........................ ^ State Funds Budgeted ................ .^

2,273,448 1,440,707
60,033 --0-- 143,588
1,770 91,105 --0-- 44,554 333,204
56,186
3,020,664 7,465,259 4,133,985

THURSDAY, FEBRUARY 26, 1976
Total Positions Budgeted
8. Public Library Services Budget:
Personal Services _......_,,_.__........_..,,......__..._,,__..$ Regular Operating Expenses .....----...__.....--.$ Travel -......_.__......__._,,...___._......._..__._...__._....,,._._._.$ Motor Vehicle Equipment Purchases .____----$ Publications and Printing .............. .^ Equipment Purchases ....----....-.-----..,,__..--.$ Per Diem and Fees ...................... ..^ Computer Charges ............................ ^ Other Contractual Expense ............................^

1571
187
565,990 262,559
10,808 --0--
3,000 4,000 --0-- --0-- 20,000

Non-APEG Grants:
Salaries and Travel of Public Librarians _.---__-_--.__..--___...______--___$
Public Library Materials _____........_____.......,,.$ Talking Book Centers ..............$ Public Library Maintenance
and Operation .........___.__.........___.__.......,,-_._$ Teacher Retirement ___.,,...__..____...........___......$ Total Funds Budgeted ......................................$ State Funds Budgeted ......................................$ Total Positions Budgeted

2,578,141 1,811,952
160,000
849,072 218,547 6,484,069 6,255,938
52

9. Ancillary Services Budget:

Personal Services ............... ........4

Regular Operating Expenses ______,,,,....,,______....$

Travel

.__-_.________-$

Motor Vehicle Equipment Purchases --..,,---$

Publications and Printing ................ ........^

Equipment Purchases ..............................^

Per Diem and Fees ________,,.____.-..____._-___-__________$

Computer Charges ,,_--,,_--_------_-_--.--.---$

Other Contractual Expense __,,--.--------_._--$

1,107,605 233,909 82,300 -- &-- 14,600 12,875 6,000 --0-- --0--

APEG Grants:
Pupil Transportation-- Regular (Sec. 25) ................ .^
Pupil Transportation-- Special (Sec. 25) .........................$

36,391,694 2,280,000

Non-APEG Grant:

School Lunch ...........................

^

Grants to School Systems for Authority

Lease Rental Payments to Georgia

Education Authority (Schools) ..__.,,...........$

State of Georgia General

Obligation Debt Sinking Fund ,,_._________..___.$

Direct Grants to School Systems

for Capital Outlay Purposes ................-^

86,981,521
26,743,474 6,184,256 624,243

1572

JOURNAL OP THE SENATE,

Total Funds Budgeted -.....,,.,,.___--......-.____.....$ 160,662,477

State Funds Budgeted _....._-_-____-.......__.__.,,.....$ 83,131,932

Total Positions Budgeted

85

10. Program Standards, Assessments and Improvements Budget:
Personal Services ___.,,______________,,______,,________$ Regular Operating Expenses _--___,,_---,,-__,,__$ Travel _.--________-_______..___.._____________________,,$ Motor Vehicle Equipment Purchases ,,--.......$ Publications and Printing ....___.,,...,,__........__.._.$ Equipment Purchases ---__----_-_-,,--___--__--___$ Pier Diem and Fees _-___,,______,,___--.__._____--_____$ Computer Charges --..--..____,,_______,,_____...__,,..$ Other Contractual Expense ....,,_.-......,,...-......$

1,352,714 88,624 87,532
--0-- 19,228 3,710' 15,066
--0-- 670,551

Non-APEG Grants:
Supplementary Education Centers and Services _,,.__..-......._._....._...__......_.,,.$
Staff Development ___,,,,,,_______________,,,,_____$ Supervision and Assessment
of Students --,,--___-___.,,__________,,..___________$ Cooperative Educational
Service Agencies .... __________,,__________.$ Total Funds Budgeted .,,...........__-...-....__._..-...$ State Funds Budgeted ........-__--...._,,-....._._-$ Total Positions Budgeted

2,504,951 490,000
145,000
2,192,000 7,569,376 4,714,813
90

11. State Administration Budget:
Personal Services -.-...,,__.-..........-.-.-........._._...$ Regular Operating Expenses ..._._-.._....-___-.-.....$ Travel ........._.. ---._ ,,...._.,, .,,-.....----...$ Motor Vehicle Equipment Purchases --......--$ Publications and Printing __,,______._______________,,..-_$ Equipment Purchases __,,_--_----_,,------.-__,,__$ Per Diem and Fees _-......,_____........_..__........,,....$ Computer Charges ....__._.. .,,...._.-.-...-..._-.......$ Other Contractual Expense .........__........___._....$

1,998,389 233,131 61,156 --0-- 94,817 23,245 70,050 349,147 21,463

Non-APEG Grant:
Supplementary Education Centers and Services ___.....,,.-_......-..._-.__......._-.-....$
Total Funds Budgeted ..._._.-___-.....,,,,..._...,,-$ Indirect DOAS Services Funding ,,......._._._...,,$ State Funds Budgeted -~_.____--.___.__--_.__._~$ Total Positions Budgeted
12. Local Administration Budget:
APEG Grant:
Salaries of Administrative and Supervisory Personnel (Sec. 21) ___.______..$

240,489 3,091,887
220,000 1,983,008
132
44,305,906

THURSDAY, FEBRUARY 26, 1976

1573

Non-APEG Grants:
Superintendents' Salaries ..-.......-...--......$ Teacher Retirement .--........._--........_.......$ Total Funds Budgeted .-..--.--.___...____...$ State Funds Budgeted -.__.-.-_,,_-__.-...-.....,,$ Total Positions Budgeted

2,900,359 3,689,885 50,896,150 50,896,150
0

Budget Unit Object Classes:
Personal Services ___.___________.____,,___-_____,,_________$ Regular Operating Expenses -...,,.--.._....._,,...$ Travel ................. ........_................$ Motor Vehicle Equipment Purchases _,,----,,$ Publications and Printing ........_........_.........$ Equipment Purchases .....--._----_____...,,--...._$ Per Diem and Fees .....-.............._...................$ Computer Charges _......._............__...._..._...._$ Other Contractual Expense ..............._..-......$

11,004,496 2,611,571
605,305 --0--- 380,716
62,299 260,589 349,147 928,965

APEG Grants:

Salaries of Instructional Personnel

(Sec. 10(a) (1) and 10(a) (2)) .........$ 349,075,897

Salaries of Instructional Personnel

(Sec. 5) ----__----_-_---$ 42,823,088

Salaries of Student Supportive

Personnel (Sec. 20 (a)) .............$ 16,695,499

Salaries of Administrative and

Supervisory Personnel (Sec. 21) ...,......$ 44,305,906

Special Education Leadership

Personnel (Sec. 21 (c) (2)) _._________,,______.$ 1,167,086

Instructional Media (Sec. 13) __-___..---$ 13,324,620

Instructional Equipment (Sec. 14) ......__....$ 492,208

Maintenance and Operation (Sec. 15) .......$ 64,391,150

Sick and Personal Leave (Sec. 16) ....._._.$ 3,330,375

Travel--Regular (Sec. 17) _______,,________._____.$ 600,000

Travel--Special (Sec. 17) ___._.......-,,,,.........,,$

87,400

Pupil Transportation--Regular

(Sec. 25)

........ ._._._.----.---$ 36,391,694

Pupil Transportation--Special

(Sec. 25) ......._.____,,......._..........-.,,..._....-.$ 2,280,000

Isolated Schools __........._..._......__...-.._...__.....$ 106,492

Selective Pre-School Development _...----..$ 6,474,071

Mid-Term Adjustment ...............$ 2,000,000

Required Local Effort ......,,..........-___..........$ (78,550,000)

Non-APEG Grants:
Education of Children of Low-Income Families ..._...........-........-.....$
Driver Education ...... _.......,,......-...-.-.-.-$ Teacher Retirement _.....-..-.......-....--..---$ Instructional Services for
the Handicapped ._.......,-..........................$

47,001,530 350,000
37,573,911
2,293,979

1574

JOURNAL OF THE SENATE,

Preparation of Professional Personnel in Education of Handicapped Children ......$
Educational Training Services for the Mentally Retarded _......_..._.._......$
Tuition for the Multi-handicapped ._--...._..$ Severely Emotionally Disturbed ._..,,...__..._._.$ Compensatory Education ............................$ High School Program ._..-......__.._...__........._._.$ Vocational Teacher Training ......___......__._...$ Vocational Education Research
and Curriculum ...................... ^
Adult Education ......................... .4 Area Vocational Technical Schools ._____._...$ Junior College Vocational Program .--.....--$ Quick Start Program ._,,....._...__.._._._.....___.....$ Comprehensive Employment
and Training .................... .^ Guidance, Counseling and Testing .._._._.....__$ Educational Television .__.,,...__._...._..__....._..._..$
School Library Resources and Other Materials ..................................^
Salaries and Travel of Public Librarians ................ ..J$
Public Library Materials ....,,......................_-$ Talking Book Centers ............^
Public Library Maintenance and Operation ...................................... ^
School Lunch ....................... .^
Supplementary Education Centers and Services .................... ^
Staff Development ...............................^
Supervision and Assessment of Students ............................... ..^
Cooperative Educational Service Agencies ................... ^
Superintendents' Salaries ............................$
Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) ................. ..^
State of Georgia General Obligation Debt Sinking Fund ....................^
Direct Grants to School Systems for Capital Outlay Purposes .......................^
Authority Lease Rentals ..........................^,
Total Positions Budgeted

106,454
50,000 522,000 5,352,773 10,246,747 13,343,061 215,000
269,000 2,298,942 27,115,288
463,000 900,000
2,919,452 180,626 56,186
3,020,664
2,578,141 1,811,952
160,000
849,072 86,981,521
2,745,440 490,000
145,000
2,192,000 2,900,359
26,743,474
6,184,256
624,243 333,204
763

B. Budget Unit: Institutions ,,......_.........._....__......._-_$ 8,661,866

1. North Georgia Vocational-Technical School Budget:
Personal Services .,,--.__._--..........__-........--...__--.$ Regular Operating Expenses --.~~------._._.....$ Travel ..........................$ Motor Vehicle Equipment Purchases ...__.._...$

1,267,637 480,144 16,300 --0--

THURSDAY, FEBRUARY 26, 1976

1575

Publications and Printing .._....--._,,_---_..--.,,$ Equipment Purchases ._---_._,-------._,,--.------$ Per Diem and Fees --..._.--.,_----.._-._-----.--.$ Computer Charges _.--------_.---_.--.__-_------_$ Other Contractual Expense ,,_--__.___--------_$ Authority Lease Rentals .._._,,..___-__--_..----_-...$ Total Funds Budgeted ______________,,..__________.________$ State Funds Budgeted _.___________.__..___________..___$ Total Positions Budgeted

4,275 62,000 --0-- --0-- --0-- 54,750 1,885,106 1,394,833'
101

2. South Georgia Vocational-Technical School Budget:
Personal Services ____.,,___,,,,________.__-_-_____-_____.__$ Regular Operating Expenses _._....._....-.....$ Travel ____,,____.__________________,,,,..,,________.___________.$ Motor Vehicle Equipment Purchases .,,..----_$ Publications and Printing ,,_.............__,,...,,.......$ Equipment Purchases ....................--...............-.$ Per Diem and Fees ....--.--^.--'---_-._--._----..$ Computer Charges ----,,----_------._.--------._$ Other Contractual Expense .........__._.._--___....$ Capital Outlay -__.........----__-...-_._-,,.-..,,.--.,,-_--$ Authority Lease Rentals ....._...............-..._.......$ Total Funds Budgeted ,,........_._._................_._.$ State Funds Budgeted ....__.,,__._._..__.__._.._...__..$ Total Positions Budgeted

1,094,174 341,028 12,000 --0-- 3,360 174,000 --0-- --0-- 3,360 --0-- 49,315
1,677,237 1,218,950
96

3. Georgia Academy for the Blind Budget:
Personal Services -.-.__.,,_.........._.,,...................__.$ Regular Operating Expenses ___________--_,,____$ Travel -.._.__.__,,___-___--_.---__._.________^_______------__._# Motor Vehicle Equipment Purchases --.,,.....$ Publications and Printing ..,,,,.............___....._$ Equipment Purchases --_..__....--._._..-..._----,,.....$ Per Diem and Fees .----_.-,,-,,_-----_$ Computer Charges --- ,,____._-----_...----.--,,..$ Other Contractual Expense _--_,,_______--._..._____$ Capital Outlay _-_-..._,,_-......_,,_....._.._---__._...$ Total Funds Budgeted ....................................I State Funds Budgeted ___.___.__.._-__________.--_._,,__.? Total Positions Budgeted

1,396,000 242,000 3,526 --0-- 2,390 30,000 2,500 --0-- --0-- --0--
1,676,416 1,445,731
158

4. Georgia School for the Deaf Budget:
Personal Services .............................................I Regular Operating Expenses ,,.........._..----....$ Travel ........___-.......-.-._-_.......____...-........_............$ Motor Vehicle Equipment Purchases ----.--$ Publications and Printing ....._.__._.,,,,.--.--_,,.$ Equipment Purchases ----__,,___,,._----..__.--,,......$ Per Diem and Fees ___.......-_.......,,...__._.......-.,,-.._$ Computer Charges ..------.-,,,,,,,,----,,,,_--.--...$ Other Contractual Expense ........._.,,..___----,,,,$ Capital Outlay -__--.....--___.........__..-....--___,,..$

2,576,000 509,000 4,500 --0-- --0-- 25,200 500 --0-- --0-- --0--

1576

JOURNAL OF THE SENATE,

Authority Lease Rentals ,,............_.....-._..-_.....$ Total Funds Budgeted .........-.....-............._-.....$ State Funds Budgeted ..__.._._. _..,,--...$ Total Positions Budgeted

23,400 3,138,600 2,818,429
282

5. Atlanta Area School for the Deaf Budget:
Personal Services _._--...___.---.$ Regular Operating Expenses ___._._____,,--.____,,$ Travel .._._._.._._-..__._.._..___.__-_._..-.-$ Motor Vehicle Equipment Purchases _----_..$ Publications and Printing .........._.........._._......$ Equipment Purchases ........ ..................$ Per Diem and Fees _.--..........--...._____________..,,...$ Computer Charges ....--...,,.__-_--.--__-.._.-.._.-.....$ Other Contractual Expense ...._--__.......--,_._..$ Capital Outlay ___.____._._.__..__.,.___--.___.__..___..__.___.__$ Total Funds Budgeted ....................................I State Funds Budgeted _._..,,......_..........___.........$ Total Positions Budgeted

878,000 204,000
2,200 --0--
500 20,000 1,500 --0-- 64,425 --0-- 1,170,625 1,126,625
78

6. Alto Education and Evaluation Center Budget:
Personal Services ____-,,_______.._,,___,$ Regular Operating Expenses --.,,...,,.-----...--.$ Travel ___...,,._._.._....____.__.______..___._.___._._._,,___.__________$ Motor Vehicle Equipment Purchases ,,,,.......$ Publications and Printing ______,,_.____,,___.--__._._.$ Equipment Purchases ..---.__..__...,,.,,_.___-.........__.$ Per Diem and Fees ..--,,.....-..--.--.-.--,,---....._.$ Computer Charges ,,_.----_-_....----_._----,,_.,,_..,,--$ Other Contractual Expense ,,----___..--_---.___,,_.$ Total Funds Budgeted ,,,,,,,,-..--_..$ State Funds Budgeted __..___....,,___,,.,,._..__.._......$ Total Positions Budgeted

745,000 62,000 3,000 --0--
700 10,000 --0-- --0-- --0-- 820,700 657,298
54

Budget Unit Object Classes:
Personal Services ,,.._....__..._,,.,,,,_._.._...,,.$ Regular Operating Expenses ..--.-......._..-.._.....$ Travel __.._,,___._,,.--.____.____..____.____,,_______.._.___________$ Motor Vehicle Equipment Purchases ....__._,,.$ Publications and Printing ,,,,_._....._._,,_.._._.......$ Equipment Purchases .._-________________._,,.___.______.$ Per Diem and Fees _.._.._.--......-_..._.............__......$ Computer Charges -------.-------..--..----_......$ Other Contractual Expense .......,,__................_$ Capital Outlay ...._.,,_...............,,.,,.............._.......$ Authority Lease Rentals ....................,,,,..........$ Total Positions Budgeted

7,956,811 1,838,172
41,526 --0--
11,225 321,200
4,500 --0--
67,785 --0-- 127,465
769

Provided, that none of the State funds appropriat ed above may be expended to initiate or commence any new program or project which would create a continu ing obligation of the current funds of the State, unless

THURSDAY, FEBRUARY 26, 1976

1577

such program or project has been authorized by the General Assembly.

Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer con tributions to the Teachers' Retirement System appli cable to such salary.

Provided, that the amount of funds granted to each local system for compensatory education shall be based on each local system's receiving one teacher unit based on the projected average salary; provided further that the balance shall be distributed to each local system on the basis of the number of fourth grade students who scored below the State average on the most recent State-administered standardized reading test; and pro vided further that the local systems shall use such funds only for remedial programs in reading and mathematics
for students in grades one through four.

Provided, that of the above appropriation relative to selective pre-school development, funds shall be used to fund a half-day program for children who are five by December 31, as follows: First priority for use of funds shall be to serve all five-year-old children who are mentally, physically, or emotionally handicapped (as these classifications are defined by the State Board of Education). The balance of said funds shall be used for development programs to serve five-year-old chil dren who are determined to be the most deficient in the developmental skills necessary to succeed in the first grade. Provided, however, that such need be as sessed on the basis of tests specifically developed for use with children of pre-school age, measuring abili ties and perception, language and visual motor coordi nation. Local systems shall administer such tests as a criterion for admission.

Provided, further, that for said selective pre school development program, each system shall be al lotted one instructional unit and any additional instruc tional units shall be allotted on the basis of one teacher and one aide for each student or major fraction there
of in average daily attendance; except in the case of mentally, physically or emotionally handicapped chil dren, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. All allotments shall be based upon 1975-76 attendance data from the selected pre-school develop ment program. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retire ment, and school lunch cost, and $6,245 for operational cost incurred in said pre-school development program

1578

JOURNAL OF THE SENATE,

to include maintenance and operation, sick and personal leave, instructional media, instructional equipment, test ing, transportation, and additional instructional person nel when such additions will have the effect of serving additional students, provided such additional students shall not be used for the purpose of earning additional instructional units.

Provided, that independent school systems shall be eligible to participate in the "mini-buses" transporta tion program for Special Education Students.

Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973.

Provided, that from the appropriation of $350,000 above for Criterion-Referenced Testing for Students, Criterion-Referenced Testing for Teachers and for Competency-Based Certification Development, the State Board of Education is authorized to utilize these funds interchangeably to accomplish the development of all or any portion of the above mentioned activities.

Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in
grades where earned.

Provided, that of the above appropriation, relative to special education $27,500 is designated and com mitted for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $27,500 is designated and commited for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.

Provided, that in Sections 20 and 21 of the Ade quate Program for Education Act, as it relates to earn ings of non-teaching certificated personnel which are not fully funded, and this Act causes a division of al location which had previously been provided from a single Section of the Minimum Foundation Program of Education Act, it shall be permissible for the State Board of Education to use non-teaching certificated per sonnel interchangeably in the divided sections so as not to cause hardship among the local school systems as it related to non-teaching certificated personnel who are presently employed.

THURSDAY, FEBRUARY 26, 1976

1579

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the construction and equipping of school buildings and facilities, including vocational education comprehen sive high schools, through the issuance of not to exceed $10,000,000 in principal amount of General Obligation Debt. The allocation of these funds shall be deter mined on the basis of a formula to be promulgated by the State Board of Education, based on current in creased average daily attendance, surveyed projected growth, consolidation within a system, renovations, out standing local effort of school systems, age and condi tion of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sink ing Fund, $736,000 is specifically appropriated for the purpose of Area Vocational-Technical School con struction through the issuance of not to exceed $7,360,000 in principal amount of General Obligation Debt. Also provided, that of the above $7,360,000 for a construction program, an amount of $3,158,000 is des ignated and committed for the Augusta Area Voca tional-Technical School, $600,000 is designated and com mitted for the Griffin-Spalding Area VocationalTechnical School, $600,000 is designated and committed for the Ben Hill-Irwin Area Vocational-Technical School, and $3,000,000 is designated and committed for the Savannah Area Vocational-Technical School.

Provided, that funds appropriated above for In structional Equipment, (Section 14 of the Adequate Program of Education Act) shall be distributed to local systems based on 50 cents per child in average daily at tendance.

Provided, further that $100,000 of the above ap propriation for the said selective pre-school develop ment program shall be designated for the determina tion and evaluation of processes for the identification of children within existing programs who are deficient in developmental skills needed to be successful in first grade and for the provision of supplemental learning tasks designed to remove the identified deficiencies of such students. The State Board of Education shall designate the locations for implementation of this pro gram.

Provided that Cooperative Educational Service Agencies (CESA) services be reprogrammed to elimi-

1580

JOURNAL OF THE SENATE,

nate consultant assistance in the areas of scholastic development and concentrate on specialty areas in the field of special education.

Section 17. Employees' Retirement System.

Budget Unit: Employees' Retirement System .......................................... ..............^

--0--

1. Employees' Retirement System Budget:
Personal Services ............................ ^ Regular Operating Expenses ___._.--.----------$ Travel ............................................ ^ Motor Vehicle Equipment Purchases _,,.___.....$ Publications and Printing ............... .....^ Equipment Purchases .............................^ Per Diem and Fees ..................................^ Computer Charges ____............___________.................$ Other Contractual Expense ..........................I Total Funds Budgeted ................. i State Funds Budgeted ....__--_______.__....__.._._-_..-_$ Total Positions Budgeted

495,173 41,000 5,000 --0--
6,000 1,750 65,000 200,417 52,000 866,340 --0--
43

Budget Unit Object Classes:

Personal Services ......._._--__...........------f

Regular Operating Expenses ............--......,,...$

Travel .................................................................^

Motor Vehicle Equipment Purchases ....--.---$

Publications and Printing .................. ......^

Equipment Purchases -..--..................-............$

Per Diem and Fees ..................................^

Computer Charges ...................

.^

Other Contractual Expense ................. .^

Total Positions Budgeted

495,173 41,000
5,000 --0--
6,000 1,750 65,000 200,417 52,000
43

Section 18. Forestry Commission.

Budget Unit: Forestry Commission ..................^ 9,302,000

1. Reforestation Budget:
Personal Services .........................................:$ Regular Operating Expenses ...... ...............^ Travel ..........................................J$ Motor Vehicle Equipment Purchases ....__.._-$ Publications and Printing .........................$ Equipment Purchases ............................. .^ Per Diem and Fees ....................................... 4 Computer Charges ,,......_...........................^ Other Contractual Expense ..........................^ Total Funds Budgeted ....................................I State Funds Budgeted .....................................^ Total Positions Budgeted

396,911 272,813
1,347 23,200
446 2,925 35,000 10,556 --0-- 743,198 203,408
28

THURSDAY, FEBRUARY 26, 1976

1581

2. State Forests Budget:
Personal Services _......-........_................-,,.-....$ Regular Operating Expenses ....................^ Travel _._.__-.,-___._.__--...-_...-$ Motor Vehicle Equipment Purchases .._.__,,....$ Publications and Printing ................. ...........^ Equipment Purchases ...................................^ Per Diem and Fees ...............................--..J$ Computer Charges ........................................^ Other Contractual Expense --.....-..--..--.-----$ Ware County Grant ..........................................$ Total Funds Budgeted .............................^ State Funds Budgeted ...................................^ Total Positions Budgeted

71,000 11,976
81 --0--
312
--0--
--0-- --0-- --0--
60,000 143,369 --0--
6

3. Field Services Budget:

Personal Services __,,_._.__.._____..__._--.._,,.-$

Regular Operating Expenses .........................^

Travel

............................ ...^

Motor Vehicle Equipment Purchases ............%

Publications and Printing .........................^

Equipment Purchases ..............................^

Per Diem and Fees .....................................^

Computer Charges ............................................$

Other Contractual Expense ...........................^

Total Funds Budgeted -_......--......--_....--$

State Funds Budgeted .............................^

Total Positions Budgeted

8,522,000 1,580,000
64,607 501,523 13,180 98,000
8,500 19,353
--0-- 10,807,163 8,568,720
799

4. General Administration and Support Budget:
Personal Services -....._........._,,........_................$ Regular Operating Expenses .......................$ Travel ..........................................^ Motor Vehicle Equipment Purchases ----...--$ Publications and Printing .............................I Equipment Purchases -........,,._...__..._--.,,.....-,,.$ Per Diem and Fees ........................................^ Computer Charges .....-..-_..-.,,,,..................,,.....$ Other Contractual Expense _..........._._.....,,__.$ Total Funds Budgeted -_...-_.._....,,_.,,_......_.._....$ State Funds Budgeted ...........................$ Total Positions Budgeted

412,317 74,783 10,907 14,400 12,700 3,100 3,071 58,059 --0-- 589,337
529,872 25

Budget Unit Object Classes:
Personal Services ......................... ...^ Regular Operating Expenses ------._._--,,--...---$ Travel ...._,,........._..__....._........._.........._...._.._.....$ Motor Vehicle Equipment Purchases _______.___.$ Publications and Printing .............................^ Equipment Purchases ......................................^ Per Diem and Fees ..........................................^ Computer Charges --.....--.................................I

9,402,228 1,939,572
76,942 539,123 26,638 104,025
46,571 87,968

1582

JOURNAL OF THE SENATE,

Other Contractual Expense ___.,,--_-____--_.__._--$ Ware County Grant _.,,__,,._,,___._,,-...,,._.._.$ Total Positions Budgeted

--0-- 60,000 858

Section 19. Forest Research Council.

Budget Unit: Forest Research Council _..............$ 590,740

Forest Research Council Budget:
Personal Services ....._,,.-.....-...___....__,,._............$ Regular Operating Expenses ,,__--_--._.--__._--_$ Travel _.......,,..,,..,,..._....._._.,,._...._..__.........___..,,$ Motor Vehicle Equipment Purchases .__------$ Publications and Printing -______.___.,,__..___.,,__$ Equipment Purchases ._----_._--.-----.--__-----.$ Per Diem and Fees ...._......_.__................,,_._......-$ Computer Charges -------._.-_.--._....-.,,-.---.-._$ Other Contractual Expense __.___._----___________,,_.$ Contractual Research ........._.,,_........._....,,._,,....$ Total Funds Budgeted ........._..__....___..._......__.,,$ State Funds Budgeted _____,,__,,__.____--___,,---.$ Total Positions Budgeted

98,500 33,000
4,000 --0--
25,000 500 750
--0-- --0-- 436,490 598,240 590,740
7

Budget Unit Object Classes:
Personal Services _,,....._...._._....,,._......._,,__....._.$ Regular Operating Expenses ,,______....____--___.._.$ Travel ........_.,,.__.--.--_.._..._---...-...._....._.....--..._.$ Motor Vehicle Equipment Purchases _____...,,..$ Publications and Printing .___.........__.......,,___._-.$ Equipment Purchases ,,-.----..__.___--._,,___.._--.__$ Per Diem and Fees ______.__,,.__._____,,-__________$ Computer Charges -.._-._..--.._.,,,,.......,,--......,,_$ Other Contractual Expense ........__..............___._.$ Contractual Research ........................_...___....--.$ Total Positions Budgeted

98,500 33,000 4,000 --0-- 25,000
500 750 --0-- --0-- 436,490
7

Section 20. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation ....-.-.........----...........--........----..I
1. General Administration Budget:
Personal Services _,,._....___--.....__......__._._...........$ Regular Operating Expenses __.___....,,_.___.____$ Travel -....._-_.....,,___.-..--..._-..._.._.._,,.,,......._......_..$ Motor Vehicle Equipment Purchases __----..$ Publications and Printing ............__,,........,,_._...$ Equipment Purchases --.--.....__..,,_.-,,-.._..--._$ Per Diem and Fees ....__...._..........,,__.__................$ Computer Charges --.-...,,.,,._._,,.--.............,,..-...$ Other Contractual Expense ._......,,.--..........,,..._$ Total Funds Budgeted ....--__________________________.__$

7,232,942
360,000 76,156 3,800 --0-- 1,100 1,000 2,000 --0-- --0-- 444,056

THURSDAY, FEBRUARY 26, 1976

1583

State Funds Budgeted .._._.,,..._...,,....._..,,,,.._..$ Total Positi?ns Budgeted

444,056 26

2. Operations Budget:
Personal Services .................._..-.......-.........-$ Regular Operating Expenses -___,,_--_-_--____,,$ Travel ,,....__-__._.__._.--........_.___..__.___.--$ Motor Vehicle Equipment Purchases --,,....--$ Publications and Printing ,,.._._.._..-___......._...,,.$ Equipment Purchases -_.--,,___-__--.___._-.--____~j Per Diem and Fees --.--------------------.----$ Computer Charges _--....-..--.-...-_.,,--._._..,,...--_$ Other Contractual Expense _....----------_,,.--$ Evidence Purchased __..___.,,-__________.______-,,______..$ Total Funds Budgeted ___.__________,,_____.____..____..__.$ State Funds Budgeted ,, ._ . _. _. .^_.....--$ Total Positions Budgeted

2,800,000 402,848 169,000 168,000 2,500 25,000 --0-- --0-- --0-- 98,000
3,665,348 3,314,603
167

3. Crime Laboratory Budget:
Personal Services .__._.-,,__,,,,___._-$ Regular Operating Expenses ____.___--__.________.,,.$ Travel __._______._____._______._._..--._.$ Motor Vehicle Equipment Purchases ----_--_$ Publications and Printing ......_._........._.........._.$ Equipment Purchases ......_.-__....._...,,__..,,--._._.$ Per Diem and Fees ,,_--,,,,--..,,_,,.......,,.......,,,,$ Computer Charges -_..-__.....-....._.,,.............._.$ Other Contractual Expense ____.--____,,__-_.,,_____.$ Total Funds Budgeted ....._......,,..........._.....,,_$ State Funds Budgeted .._,,______.__,,___.___________.___.$ Total Positions Budgeted

1,155,647 266,000 14,400 --0--- 4,900 85,102 --0-- 91,033 --0--
1,617,082 1,426,049
74

4. Georgia Crime Information Center Budget:
Personal Services __.-__._.___--_.______________.--__--.__$ Regular Operating Expenses __________.__.__________$ Travel .._.._..........,,....._._.....,,.........,,...__,,........._.$ Motor Vehicle Equipment Purchases _----_.__$ Publications and Printing ..............................I Equipment Purchases -,,-.---_ ......__,,......__...,,$ Per Diem and Fees ._...-......_.........._.....,,_._,,_$ Computer Charges _......._...._....,,._.....,,..........$ Other Contractual Expense _-__:_._-,,,,._._--.____$ Total Funds Budgeted ___________________.______._________$ State Funds Budgeted ......_,,..._...,,............_._.._.$ Total Positions Budgeted

1,246,922 396,074 12,000 --0-- 136,054 15,000 3,800
1,013,384 --0--
2,823,234 2,048,234
102

Budget Unit Object Classes:
Personal Services ...._................_........,,_......_...$ Regular Operating Expenses ,,_._..--._............$ Travel ....._.-......-__..._,,_....,,........._.,,....._..._..._$ Motor Vehicle Equipment Purchases ___--__.__$

5,562,569 1,141,078
199,200 168,000

1584

JOURNAL OF THE SENATE,

Publications and Printing ..............................^ Equipment Purchases --.... ....................^ Per Diem and Fees ....................................$ Computer Charges ............................... ..^ Other Contractual Expense ................-..........$ Evidence Purchased ................................ .^ Total Positions Budgeted

144,554 126,102
5,800 1,104,417
--0-- 98,000 369

Section 21. Georgia Motor Vehicle Commission.

Budget Unit: Georgia Motor Vehicle Commission .............................................j...^

42,450

Georgia Motor Vehicle Commission Budget:
Personal Services .....................................$ Regular Operating Expenses .........................^ Travel ................................... .....J$ Motor Vehicle Equipment Purchases --_.--__-$ Publications and Printing ...............................^ Equipment Purchases ...................................^ Per Diem and Fees ................... ....^ Computer Charges --,,--,,,,--_--__.__,,__----._--___--_$ Other Contractual Expense ............................^ Total Funds Budgeted ...........................:.........^ State Funds Budgeted ....................... ^ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .......................................^ Regular Operating Expenses ............................$ Travel -,,,,_._..-.-_.-.._.._-._..-.-..._..._.___........__..__..._.$ Motor Vehicle Equipment Purchases ...._--...$ Publications and Printing .................... ^ Equipment Purchases .....................................^ Per Diem and Fees ......_,,._.... ............................^ Computer Charges .........................................^ Other Contractual Expense .............................^ Total Positions Budgeted

26,000 8,950
500 --0--
2,000 --0--
5,000 --0-- --0--
42,450 42,450
2
26,000 8,950
500 --0--
2,000 --0--
5,000 --0-- --0--
2

Section 22. Georgia State Financing and Investment Commission.

Budget Unit: Georgia State Financing and Investment Commission ...............

Departmental Operations Budget:

Personal Services _--...,,.,,----.........----......---I

Regular Operating Expenses .............--...........^

Travel ............................

^

Motor Vehicle Equipment Purchases ...__--_.,,$

Publications and Printing ...............................^

--0--
800,458 153,000
14,500 --0--
12,500

THURSDAY, FEBRUARY 26, 1976
Equipment Purchases ........_ Per Diem and Fees ---------- Computer Charges __..__,,___ Other Contractual Expense Total Funds Budgeted _........ State Funds Budgeted ------,, Total Positions Budgeted
Budget Unit Object Classes:
Personal Services -.-..---..----.-..,,..----..... Regular Operating Expenses __.._.,,.._._. Travel _...,,_.,,,,,,...__.__.._. .__......,,._.._..._..... Motor Vehicle Equipment Purchases Publications and Printing ,,......,,,,...._.. Equipment Purchases ....,,,,___.__.___,,._... Per Diem and Fees ___...-.....--.--...--._.--. Computer Charges ....__..__..___....._..___.___... Other Contractual Expense ....___.......--. Total Positions Budgeted
Provided, that unless there is Congressional autho rization for deepening the existing navigational channel in Brunswick Harbor into Brunswick River and the construction of a new navigation channel connecting Brunswick River through the South Brunswick River to Colonel's Island via the South Brunswick River to a minimum depth of 32 feet prior to June 30, 1977, the Georgia State Financing and Investment Commission shall not sell these bonds and all funds appropriated for the Colonel's Island project and any revenues gen erated therefrom shall be returned to the State Trea sury.

1585
15,800 201,000
6,000 15,000 1,218,258
44
800,458 153,000
14,500 --0--
12,500 15,800 201,000
6,000 15,000
44

Section 23. Office of the Governor.

A. Budget Unit: Governor's Office ........_.,,................$
Cost of Operations ___.,,.-___......-..-....---. Mansion Allowance ....._,,...._,,._..,,.,,._. Governor's Emergency Fund _,,_,,__--. Gubernatorial Transition Allowance Total Funds Budgeted _____._.. State Funds Budgeted .................._..._.

2,816,005
875,005 40,000 1,900,000 _0_ 2,815,005 2,815,005

Budget Unit Object Classes:
Cost of Operations ----------,,--..----,,.. Mansion Allowance .,,_-__.__--_-_--_--___.--_ Governor's Emergency Fund -..--.--.. Gubernatorial Transition Allowance

875,005 40,000
1,900,000 --0--

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his

1586

JOURNAL OF THE SENATE,

discretion in any emergency that he may determine re quires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

B. Budget Unit: Office of Planning and Budget ................................................^
1. General Administration and Support Budget:
Personal Services ......................................J^ Regular Operating Expenses .....,,.--.--.__.----$ Travel .............................................................$ Motor Vehicle Equipment Purchases ............$ Publications and Printing ______________--.,,..,,..-$ Equipment Purchases .............................. .^ Per Diem and Fees ..................... ...^, Computer Charges .......................... ......^ Other Contractual Expense .,,................._--_..$ Payments to Regional Commissions _,,.--.--...$ Total Funds Budgeted ___.___.__.___________.___.____._._.-$ State Funds Budgeted ................ .^ Total Positions Budgeted

2,738,148
306,000 28,000 7,000 --0-- 2,500
1,000 37,500
1,000 500
181,200 564,700 551,700
18

2. Council of the Arts Budget:
Personal Services ......................................^ Regular Operating Expenses _.____.._____.,,___,,___.$ Travel ....................................... .^, Motor Vehicle Equipment Purchases ,,.._._.,,..$ Publications and Printing ............................. ^ Equipment Purchases ............. ................ ^ Per Diem and Fees ..----.--._.-..._.-...-........-_-_-$ Computer Charges .......................... ...........^ Other Contractual Expense ....__..,,......_.,,.,,,,_.$ Art Grants ............................................k Total Funds Budgeted ................... ^ State Funds Budgeted ...............................$ Total Positions Budgeted

51,500 8,000 1,500 --0-- 2,500
550 --0-- --0-- --0-- 300,000 364,050 164,050
3

3. Budget Division Budget:
Personal Services ................................. ..^ Regular Operating Expenses ....................^ Travel .................................................. ..........$

401,167 16,240
9,000

THURSDAY, FEBRUARY 26, 1976
Motor Vehicle Equipment Purchases .._..._..__.$ Publications and Printing ...............................I Equipment Purchases --.--.,,.,,----.,,------._--..$ Per Diem and Fees ...,,._.........___--_----...__..._....$ Computer Charges .....,,.__..--.....--..----...--,,......$ Other Contractual Expense _._......,,..,,.._.._.......$ Total Funds Budgeted _._.__...__.___._._.____._...._.__..$ State Funds Budgeted ___..__...-._._........,,._....._.....$ Total Positions Budgeted

1587
--0-- 12,300
--0-- --0-- --0-- --0-- 438,707 325,707
19

4. Intergovernmental Relations Budget:

Personal Services ._.,,__._,,...................._._...........$

Regular Operating Expenses --_--._----.,,--_--_$

Travel _

.

$

Motor Vehicle Equipment Purchases ...--......$

Publications and Printing ________________,,______________$

Equipment Purchases --.--.--..-..--.--_--.,,--....$

Per Diem and Fees ....___.,,..___._...._____..___._._...........$

Computer Charges ,,_--.....--...._.........._......,,_.$

Other Contractual Expense ..........--_.--.--.----$

Total Funds Budgeted __...__...._._._....._...........__....$

State Funds Budgeted .._.,,..............-._....._______...$

Total Positions Budgeted

320,000 24,000 22,000 --0--
2,500 500
2,000 --0-- --0-- 371,000 346,000
19

5. Management Review Budget:
Personal Services ___.___.,,._______..,,$ Regular Operating Expenses --.___.........___.--.__..$ Travel ...._._._......__..._.....,,_..........._.....___........._.__....$ Motor Vehicle Equipment Purchases _._.....__..$ Publications and Printing .........,,.....................$ Equipment Purchases ___..,,._,,.___.____--.-_-___.._..___.$ Per Diem and Fees ___._______,,,,,,________,,___.______$ Computer Charges __.,,..--..__.__..___......,,.______..___.$ Other Contractual Expense ,,____._._,,__.--.,,...._$ Total Funds Budgeted __..._.._....._....._._.,,...__....._...$ State Funds Budgeted .............._.........................? Total Positions Budgeted

297,000 9,500 4,000
--0-- 1,000 500
--0-- 500
--0-- 312,500 262,500
15

6. Policy Planning Budget:
Personal Services _______._______.._..__..____--.___._____-____._$ Regular Operating Expenses ............-..--.......if Travel __..__.._._._._.___._._.........___.__.._._......__..._.___....._...$ Motor Vehicle Equipment Purchases --.--.--.$ Publications and Printing ............,,..................$ Equipment Purchases ---.-_--_..._.__..-._...,,.-..........$ Per Diem and Fees ......_.....-...__..-...............,,.....$ Computer Charges ..,,.....-,,................................$ Other Contractual Expense _________-__--_.__.________$ Total Funds Budgeted ...._._.............._-__._..._._.__..$ State Funds Budgeted .._..._.-...._.._.._.,._._........._.$ Total Positions Budgeted

520,000 23,000 14,000 --0--
8,000 1,000 500,000 14,000 --0-- 1,080,000 376,000
30

1588

JOURNAL OF THE SENATE,

7. Office of Consumer Affairs:

Personal Services ..............................................I

Regular Operating Expenses ___.____________,,_.____,,$

Travel ................................. ^

Motor Vehicle Equipment Purchases ----_.___.$

Publications and Printing __................_..._._........$

Equipment Purchases ......................................^

Per Diem and Fees .................................^

Computer Charges

................ ..^

Other Contractual Expense _________,,_.___.,,..____.__.$

Total Funds Budgeted ....................................$

Indirect DOAS Services Funding _...........__..$

State Funds Budgeted ........... ._.._..,,,,,,....$

Total Positions Budgeted

601,565 169,040 20,500 --0-- 21,400
1,495 10,120 50,000 12,470 886,590 85,650 437,341
50

8. State Energy Office Budget:

Personal Services ...................................... ^

Regular Operating Expenses .______.----_____________.$

Travel ___...--.--.-..._.__$

Motor Vehicle Equipment Purchases .__________.$

Publications and Printing ___,,_______,,_____.___________.$

Equipment Purchases _..__...___.....__..__......__$

Per Diem and Fees ....................... ...^

Computer Charges ...........................$

Other Contractual Expense .......................... ^

Total Funds Budgeted ......,,._.._......$

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

^

Total Positions Budgeted

167,000 24,000 7,000 --0-- 10,000 --0-- --0-- --0-- --0-- 208,000 158,000
12

9. Georgia Post-Secondary Education Commission Budget:

Personal Services --.--,,,,-,,-..-....,,.$

Regular Operating Expenses _..___..-...,,.__.._.___$

Travel

............................ ......^

Motor Vehicle Equipment Purchases ---._.....$

Publications and Printing .,,.........,,.,,_...,,.........$

Equipment Purchases .................. ^

Per Diem and Fees ........_...._......_.._........_........,,$

Computer Charges -._------,,.____-___________.__________$

Other Contractual Expense .........................__...$

Total Funds Budgeted .............^...^

State Funds Budgeted _._....._..__.,,..._._..........._.,,$

Total Positions Budgeted

10. Intern Program Budget:
Personal Services -...........--.........___.__..............,,$ Regular Operating Expenses .__.____________,,_____._.$ Travel _...........-.-,,.-...,,_.........,,..-_............,,..._._.$ Motor Vehicle Equipment Purchases --___......$ Publications and Printing ........___._-____.............$ Equipment Purchases ........ ,,.......,,....$ Per Diem and Fees ................. ^ Computer Charges ................................._.$

73,000 11,500 2,500 --0-- --0-- 1,500 2,000 --0-- --0-- 90,500 40,300
4
45,000 2,800 1,300 --0-- 1,800
650 -- 0-- --0--

THURSDAY, FEBRUARY 26, 1976

1589

Other Contractual Expense ,,_.....--.-...--....--_...$ Intern Stipends ........................$ Total Funds Budgeted ___.___..._-_-_---~___-_.._-_.| State Funds Budgeted __..___.-__--..--__.--_._.$ Total Positions Budgeted

Budget Unit Object Classes:

Personal Services _.__________,,__.__.___._,,.__..__.._______._._$

Regular Operating Expenses ._-___.___-_...._.......$

Travel .................... ..^

Motor Vehicle Equipment Purchases --.--..-.$

Publications and Printing

-$

Equipment Purchases ___.____------_-.----__--_-___,,$

Per Diem and Fees

..........$

Computer Charges ^ ..................... ^^

Other Contractual Expense ._..-...._........,,._______$

Art Grants .................

.^

Payments to Regional Commissions ........___.$

Intern Stipends ............... ^

Total Positions Budgeted

--0-- 25,000 76,550 76,550 3
2,782,232 316,080 88,800 --0-- 62,000 7,195 551,620 65,500 12,970 300,000 181,200 25,000 173

Section 24. Grants to Counties and Municipalities.

Budget Unit: Grants to Counties and Municipalities ............$ 6,800,000

1. Grants to Counties ...........................$ Total Funds Budgeted __..___..__.___.___.__.._._-..-.._....$ State Funds Budgeted ___.........._.......-...............$

2,600,000 2,600,000 2,600,000

2. Grants to Municipalities

.................^

Total Funds Budgeted ............................... ^

State Funds Budgeted _.......-_..-..._-.._._..._.__.._.$

4,200,000 4,200,000 4,200,000

Budget Unit Object Classes:

Grants to Counties ..................... ..^ 2,600,000 Grants to Municipalities ....-......._._.....-..._.......$ 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 25. Department of Human Resources.

A. Budget Unit: Departmental Operations

..$ 129,621,093

1. General Administration and Support Budget:
Personal Services ...........j. ... .. Regular Operating Expenses --........

8,164,850 1,342,603

1590

JOURNAL OF THE SENATE,

Travel ............................ ^

Motor Vehicle Equipment Purchases ..........-$

Publications and Printing ...,,.___-.......,,.__......_.$

Equipment Purchases ......................^

Per Diem and Fees .................... .^

Computer Charges ...............

4

Other Contractual Expense ................^

State of Georgia General

Obligation Debt Sinking Fund ,,......__....._.$

Total Funds Budgeted ........... ......^

Indirect DOAS Services Funding ________.__.__.._$

Agency Funds _._.....-.-....,,,,._._._-..............._..........$

State Funds Budgeted ............... 4

Total Positions Budgeted

226,000 --0---
40,000 25,263 50,000 1,758,286 100,000
149,506 11,856,508 1,403,350 4,854,796 5,598,362
616

2. Special Programs:

Personal Services ............................^

Regular Operating Expenses ..........................^

Travel ...................... .^

Motor Vehicle Equipment Purchases --------$

Publications and Printing

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

Equipment Purchases ........................... .^

Per Diem and Fees ......................$

Computer Charges ...................... ......^

Other Contractual Expense ..............................^

Total Funds Budgeted ............. ......^

Indirect DOAS Services Funding ._...,,..._.......$

Agency Funds .................................. ...^,

State Funds Budgeted ............... ..^.

Total Positions Budgeted

481,000 86,400 30,000 --0-- 6,000 -- 0-- 19,000 10,000 23,515 655,915
9,610 298,773 347,532
31

3. Physical Health--Program Direction and Support Budget:

Personal Services ............................ .^ Regular Operating Expenses .................^ Travel ......................... ^ Motor Vehicle Equipment Purchases _._.........$ Publications and Printing ................................^ Equipment Purchases .................J^ Per Diem and Fees ............ .^ Computer Charges ...........................^ Other Contractual Expense .................$ Total Funds Budgeted ........ ...^ Indirect DOAS Services Funding .._._._..........._.$ Agency Funds ....................................................^ State Funds Budgeted .................. ^ Total Positions Budgeted

1,228,000 185,000 23,000 --0-- 15,000 --0-- 1,000 --0-- --0--
1,452,000 90,500 17,602
1,343,898 91

4. Physical Health--Family Health Budget:
Personal Services ..............................................^ Regular Operating Expenses .._.,,......__--....-$

3,695,000 1,079,100

THURSDAY, FEBRUARY 26, 1976

1591

Travel _..__....... ....._._...$

Motor Vehicle Equipment Purchases _...___.__.$

Publications and Printing .................. _........$

Equipment Purchases ___.__.-_..__.___._._.........._..$

Per Diem and Fees -------.,,----,,--.-.-.$

Computer Charges .......................... ^

Other Contractual Expense _................-......_._.$

Regional Grants for Prenatal and

Postnatal Care Programs .................-.__.._...$

Crippled Children Benefits _..._.........$

Kidney Disease Benefits ..................... J$

Cancer Control Benefits ...................^

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program .__.__......._..__.._........._.__..$

Midwifery Program Benefits ....__......__.._.........$

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants

........_.........$

Family Planning Benefits .........

...^

Total Funds Budgeted ............... .....^,

Indirect DOAS Services Funding _._.._..,,..._..._..$

Agency Funds ..................... ^

State Funds Budgeted ......................................if

Total Positions Budgeted

220,000 --0--
40,000 16,000 550,000 110,000 3,838,572
150,000 3,034,626
300,000 459,000
100,000 175,000
2,986,000 919,880
17,673,178 130,360
9,471,634 8,071,184
342

5. Physical Health--Community Health Budget:

Personal Services

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

Regular Operating Expenses ._.............._...__....$

Travel

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

Motor Vehicle Equipment Purchases ..--.......$

Publications and Printing _____....__._...___._._____.___.$

Equipment Purchases ._..................._..._............$

Per Diem and Fees ........_..._._.__.._._..........._......_..$

Computer Charges ...................... ...^

Other Contractual Expense _...._.._....._....._......$

Facilities Construction Grants _._.._..._._.._.___.--.$

Total Funds Budgeted ......... .^

Indirect DOAS Services Funding ................_.$

Agency Funds

........

......^

State Funds Budgeted _.......__...._....._.................$

Total Positions Budgeted

5,045,000 1,046,200
225,000 --0--
40,000 7,000 140,000
18,540 268,000 8,500,000 15,289,740 17,650 5,311,459 9,960,631
351

6. Physical Health--Local Services Budget:

Personal Services ....-........_......................-...._....$ Regular Operating Expenses .__.._...._......_.._.....$
Travel ............... .....^ Motor Vehicle Equipment Purchases .._.....-...$ Publications and Printing ...._...........__.......,,...$ Equipment Purchases ........___..........._.....------.$ Per Diem and Fees _...___._______.___.___.__..__.._......._...$

5,510,000 429,770
359,000 --0--
4,000 34,000 185,000

1592

JOURNAL OF THE SENATE,

Computer Charges ---___.,,_--_,,_.,,._.................._.$ Other Contractual Expense ___._,,._,,____.___._______.__$ Grant for DeKalb County Mental
Retardation Project ________.._____________,,-----$ Grant for Chatham County
Mental Retardation Project .......,,,,-....-_.$ Grant-In-Aid to Counties _._._.._..,,__.................$ Total Funds Budgeted ...................................$ Indirect DOAS Services Funding ___._______.-.___.$ Agency Funds ................. ..^ State Funds Budgeted ..............................$ Total Positions Budgeted

--0-- 312,000
106,646
102,464 9,028,977 16,071,857
53,200 3,421,471 12,597,186
356

7. Mental Health--Program Direction and Support Budget:

Personal Services ..................... .^, Regular Operating Expenses ...._._._.,,-- .,,....-___.$
Travel ...,,.-__............................-__..-------$ Motor Vehicle Equipment Purchases -.......--.$ Publications and Printing __--,,--. ----,,,,__----$ Equipment Purchases .....................................^ Per Diem and Fees ....................................... ^ Computer Charges .......................... ^ Other Contractual Expense ...........................^ Total Funds Budgeted ..................... ........^ Indirect DOAS Services Funding ____________._____$ Agency Funds .................... ...^ State Funds Budgeted ............................ ^ Total Positions Budgeted

989,000 82,800
90,000 --0--
8,000 --0--
10,000 100,000 414,500 1,694,300 122,370 472,130 1,099,800
57

8. Drug Abuse Prevention and Abatement Budget:

Personal Services ............................. ......^ Regular Operating Expenses ........____.__.___.___._.$ Travel .........................$ Motor Vehicle Equipment Purchases ........--.$ Publications and Printing ................. ^ Equipment Purchases .......................... .....^ Per Diem and Fees ............-.......__-.__._.__,,._---$ Computer Charges ............................................$ Other Contractual Expense ........._.-.........,,.__..$ Total Funds Budgeted -..___.__-......_..___._..___.--$ Indirect DOAS Services Funding ..................$ Agency Funds .__.........,,..............................-...-...$ State Funds Budgeted __-..,,_-_..............._._._..._...$ Total Positions Budgeted

1,443,000 232,780 45,000 --0-- 6,000 200 86,720 85,250
2,426,000 4,324,950
105,250 3,324,000
895,700 122

9. Mental Health--Local Services Budget:
Personal Services ---..___.__-..__..-........._,,._...-...$ Regular Operating Expenses ............-- ._.----$ Travel ___._.. -..__......__-.._-.._.__..._-_.......................-.$

213,000 3,200 17,000

THURSDAY, FEBRUARY 26, 1976

1593

Motor Vehicle Equipment Purchases -.....,,--$
Publications and Printing ......................... ^$ Equipment Purchases ________________________.______..._$ Per Diem and Fees --..--.--.-.-._.--..--.--.-_.._--.____$ Computer Charges .........................................^ Other Contractual Expense _______--_____.,,___.__._,,$ Benefits for Family Living Care ---_...___.______$ Contracts with Day Care Centers
for the Mentally Retarded ._...___.____._______..__._.$ Grants for Alcoholism Community
Treatment Programs ....____....................._......_.$ Grants for Drug Abuse
Community Treatment Programs ....______,,--_$ Grants for Child Mental Health ___._________..._$ Grants for Adult Mental Health ___.________________$ Foster Grandparent Program -___--_.-..________.___.$ Group Homes for the
Mentally Retarded .....................$ Total Funds Budgeted .___.._.._...._____.____..__.........._$
Agency Funds .........................................$ State Funds Budgeted ........................................I
Total Positions Budgeted

--0-- 420
--0-- 100
--0-- 147,000 1,200,000
24,089,024
2,300,000
500,000 1,000,000 3,600,000
65,000
1,635,000 34,769,744 15,686,384 19,083,360
21

10. Community Social Services and Administration:
Personal Services -___,,____.-_$ Regular Operating Expenses ,,._.___.________.._.__.._.$ Travel ..........................$ Motor Vehicle Equipment Purchases __--__.,,_.$ Publications and Printing ........_._.,,.._.......,,......$ Equipment Purchases ................................$ Per Diem and Fees ............................................$ Computer Charges ...................................... .^ Other Contractual Expense .........__.._..___.___.__..$ Total Funds Budgeted ........................................^ Indirect DOAS Services Funding ........_._.....__..$ Agency Funds .,,,,...-,,,,,,_,,$ State Funds Budgeted ..................................^ Total Positions Budgeted

3,089,000 372,000 200,000 --0-- 45,000
11,000 14,000
495,000 127,000
4,353,000 546,558
3,046,781 759,661 261

11. Purchase of Social Services:
Personal Services __...__.__...__..,,.___.__.._....__.,,.,,.....$ Regular Operating Expenses .,,._._.._-..._.___.__.._.$ Travel ....................................................................I Motor Vehicle Equipment Purchases ..--.......$ Publications and Printing ..............................I Equipment Purchases --,,,,.-...--.--.----..--..-.....$ Per Diem and Fees ............................................^ Computer Charges ................... ...............^ Other Contractual Expense ....._..._...__.._-_.__.___.$ W. I. N. Benefits .............................................I Grants to Fulton County for
24-hour Emergency Social Services ._.._._..__... .........._.....__..___......._.$

--0-- 200,000 --0-- --0-- --0-- --0-- --0-- --0-- 21,981,551 2,000,000
130,000

1594

JOURNAL OF THE SENATE,

Benefits for Child Care ...........-.-..-.-----I Total Funds Budgeted .................................. ^ Agency Funds ........................... ^ State Funds Budgeted _____.._._.,,.,,...___._........_..$ Total Positions Budgeted

6,778,942 31,090,493 25,809,396 5,281,097
0

12. Community Youth Services:

Personal Services ................................. ^ Regular Operating Expenses ............... ....^ Travel ...................................... ...^ Motor Vehicle Equipment Purchases -------.$ Publications and Printing ..............................I Equipment Purchases ........---- .,,--------------$ Per Diem and Fees .................................. .^ Computer Charges _,,..,,-- ------,,,,.----_,,--_--.-$ Other Contractual Expense .................. .......^ Total Funds Budgeted .....................$ Indirect DOAS Services Funding ___.__......,,_..._.$ Agency Funds .....-_.__....._.._..,,,,-.._.,,.-.._...............$ State Funds Budgeted ....................... ^ Total Positions Budgeted

3,339,000 492,000 236,000 --0-- 2,500 10,000 --0-- --0-- --0--
4,079,500 82,640
1,895,500 2,101,360
342

13. Services to the Aged Budget:
Personal Services ...................$ Regular Operating Expenses ________-__________.__--_$ Travel .............................................$ Motor Vehicle Equipment Purchases ........ ....^ Publications and Printing ............... ...^ Equipment Purchases ............................. ^ Per Diem and Fees ................. ..^ Computer Charges __.-,,-_....__._...,,.--.-...,,.......__.$ Other Contractual Expense __.._______.,,____.___________$ Areawide and Community Grants .....:.......,,.$ Nutrition Grants ............................. i Total Funds Budgeted ..................... ...^ Indirect DOAS Services Funding .._.__..,,...._.$ Agency Funds .................................. .^ State Funds Budgeted ......................................I Total Positions Budgeted

355,000 52,300 15,000 --0-- 3,000 --0-- 2,000 --0-- 4,000 1,457,178 2,980,927 4,869,405 11,240 4,415,868 442,297
24

14. Vocational Rehabilitation -- Program Direction and Support Budget:

Personal Services ................................

^

Regular Operating Expenses ....--.--._........,,...$

Travel ................................................ ^

Motor Vehicle Equipment Purchases ....___..$

Publications and Printing ..................... ^

Equipment Purchases ........................$

Per Diem and Fees .................................... .^

Computer Charges .................... ...^

Other Contractual Expense __..____........_._......___$

560,000 68,000 25,000 --0-- 7,000
--0-- 15,000 210,000 40,995

THURSDAY, FEBRUARY 26, 1976

1595

Grants for Nephrology Centers ......................^ Total Funds Budgeted .................$ Indirect DOAS Services Funding ........._..._.._.$ Agency Funds .................................i State Funds Budgeted ....................... 4 Total Positions Budgeted

185,000 1,110,995
150,000 795,995 165,000
35

15. Vocational Rehabilitation -- Facilities Budget:

Personal Services ....... ........... ...^

Regular Operating Expenses .._.__.._._..._...........$

Travel ............................................. ..^

Motor Vehicle Equipment Purchases ,,........_.$

Publications and Printing ..............................I

Equipment Purchases _...__-,,._._._.-.......--.._........,,$

Per Diem and Fees ......................$

Computer Charges ._...__._._.__.._,,......................._.$

Other Contractual Expense ,,__........_....._._...._....$

Total Funds Budgeted ...........

^

Indirect DOAS Services Funding ,,................$

Agency Funds -,,-.........$

State Funds Budgeted ............... ^

Total Positions Budgeted

7,876,000 4,367,000
102,000 33,000 9,000 109,000 141,000 --0-- 269,000 12,906,000 82,650 11,875,350 948,000
698

16. Vocational Rehabilitation -- Services Budget:

Personal Services ............ ...^ Regular Operating Expenses .......................^ Travel ....._...........__,,$ Motor Vehicle Equipment Purchases ........_...$ Publications and Printing ....._______...._______._______.$ Equipment Purchases .....................................^ Per Diem and Fees .--._-...___.__..._____..___________._.$ Computer Charges ........................................ ^ Other Contractual Expense ......_._.._...__..._.,,..$ Total Funds Budgeted ....................................$ Indirect DOAS Services Funding ..................$ Agency Funds ---............_____________._._______.___._.$ State Funds Budgeted ,,.........._._........._._....._...$ Total Positions Budgeted

8,921,000 14,710,750
400,000 --0--
4,000 25,000 90,000 --0-- --0-- 24,150,750 234,450 18,717,879 5,198,421
741

17. Vocational Rehabilitation--Disability Adjudication Budget:

Personal Services ............ ^, Regular Operating Expenses ._.._.-._...--...._..___$ Travel ...................... .^ Motor Vehicle Equipment Purchases --.,,..___.$ Publications and Printing ....__...._........._....,,_....$ Equipment Purchases ........................................I Per Diem and Fees --...:. ......$ Computer Charges ........................ .....^

3,348,000 3,593,000
80,000 --0--
1,000 50,000 125,000 --0--

1596>

JOURNAL OF THE SENATE,

Other Contractual Expense ,,..,,,,,,......._....._..._.$ Total Funds Budgeted ......................................$ Agency Funds ............................. ...^ State Funds Budgeted ..........................$ Total Positions Budgeted

--0-- 7,197,000 7,197,000
--0-- 279

18. Public Assistance Budget:

Personal Services ----,,-------...,,....._..._..------.$ --0--

Regular Operating Expenses ........................$ --0--

Travel ................................ .........................$ ---0--

Motor Vehicle Equipment Purchases ,,_.,,___.$ --0--

Publications and Printing ........................^ --0--

Equipment Purchases _------_----_....................$ --0--

Per Diem and Fees .........................................J$ --0--

Computer Charges ...........................................4 700,000

Other Contractual Expense ............................^ --0--

SSI--Supplement Benefits ..............................$ 2,500,000

AFDC Benefits ............................................$ 120,086,782

Total Funds Budgeted .....................................^ 123,286,782

Indirect DOAS Services Funding ,,.._...___.....$ 350,000

Agency Funds ............................................$ 88,702,723

State Funds Budgeted ..................................^ 34,234,059

Total Positions Budgeted

0

19. Local Services--Community Services and Benefits Payments Budget:

Personal Services .,,,,.....,,,,___._,,,,__,,,,__,,_,,,,.,,__,,..$

Regular Operating Expenses _._......_...,,...._$

Travel ..............................................................$

Motor Vehicle Equipment Purchases ._,,_----$

Publications and Printing ..............................$

Equipment Purchases ......................................$

Per Diem and Fees -.--...........--.....--...--.--_----$

Computer Charges __.___.-____..____,,,,------.-...--$

Other Contractual Expense .......................$

Local Services Benefits

Payments Grants ._,,____,,____-_________,,__-_-,,--.$

Grants to Counties for Social Services ,,___.___.$

Total Funds Budgeted _______.,,_.________-.___.,,..______$

Agency Funds

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

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

Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
27,416,000 24,292,000 51,708,000 32,277,000 19,431,000
0

20. Benefits Payments--Program Administration and Support Budget:
Personal Services ................ ..^, Regular Operating Expenses ___________,,_-----__._.$ Travel ........................ ^ Motor Vehicle Equipment Purchases ___.___..,,.$ Publications and Printing ..--_.------$ Equipment Purchases .... --.----.-.--..--...--.----.$

2,502,326 763,944 179,000 --0--
--0-- 12,670

THURSDAY, FEBRUARY 26, 1976

1597

Per Diem and Fees __...--_--_..--.._--------___......_,,_$ Computer Charges _--.----..--_,,.--.......I....--_____$ Other Contractual Expense ,,._............,,,,....__.$ Total Funds Budgeted .............._-......_.....__.....$ Agency Funds ..._..__._.___-..__-..........-....,,........__..$ State Funds Budgeted .............,,_.,,..........__....,,.$ Total Positions Budgeted

9,000 --0-- 794,150 4,261,090 2,198,545 2,062,545
186

Budget Unit Object Classes:

Personal Services ..------.......-..........................I 56,759,176

Regular Operating Expenses --..-_._._.._...,,...___.$ 29,106,847

Travel --,,____._.___________________$ 2,472,000

Motor Vehicle Equipment Purchases ....--.__-.$

33,000

Publications and Printing ...__............._,,,,.....,,_.$ 230,920

Equipment Purchases ----_....--.__-___........--.....$ 300,133

Per Diem and Fees .--.--,,.--...__.__..........__.........$ 1,437,820

Computer Charges ----------.-_-.._.____.__.,,...--.__.$ 3,487,076

Other Contractual Expense ------..__.,,_______----_$ 30,746,283

Grants for Regional Prenatal

and Postnatal Care Programs ___.___..__......._.$ 150,000

Crippled Children Benefits ..____.,,...........,,__,,..$ 3,034,626

Kidney Disease Benefits ___.__,,......___._.,,...,,....,,.$ 300,000

Cancer Control Benefits -.----.__............._,,,,.....$ 459,000

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants ..__.______._._......-____.............._,,......$ 2,986,000

Family Planning Benefits -_-_------___,,_____-_,,_$ 919,880

Benefits for Midwifery Program .........___.,,.....$ 175,000

Facilities Construction Grants ,,,,___________._.,....,,.$ 8,500,000

Grants for DeKalb County

Mental Retardation Project ..--___________.----_$ 106,646

Grants for Chatham County

Mental Retardation Project ______.___,,_,,.__._..-_$ 102,464

Grant-In-Aid to Counties .__..__.,,............._.______.$ 9,028,977

Benefits for Family Living Care .__________.,,.....$ 1,200,000

Contracts with Day Care Centers for the

Mentally Retarded -_..-.__.___.............._..-__.__.$ 24,089,024

Grants for Alcoholism Community

Treatment Programs -_.....-.-______._.........,,......$ 2,300,000

Grants for Child Mental Health .______.___..__._,,.$ 1,000,000

Grants for Adult Mental Health ._._............... $ 3,600,000

Foster Grandparent Program .,,.,,,,,,......_,,___.$

65,000

Group Homes for the Mentally Retarded _~.$ 1,635,000

Work Incentive Benefits __-.________._...______--_-$ 2,000,000

Grants to Fulton County for 24-hour

Emergency Social Services .,,...--.....--...----$ 130,000

Benefits for Child Care _..._...._.__..___________.___.__-$ 6,778,942

Areawide and Community Grants .........----.$ 1,457,178

Nutrition Grants ----.-$ 2,980,927

Grants for Nephrology Centers _...........-._-...$ 185,000

SSI-Supplement Benefits ____.__.________.__________.___.$ 2,500,000

AFDC Benefits .....................-.....$ 120,086,782

Local Services Benefits Payments Grants ___.$ 27,416,000

Grants for Drug Abuse

Community Treatment Programs ....__..----$ 500,000

1598

JOURNAL OF THE SENATE,

Grants to Counties for Social Services -______$ State of Georgia General Obligation
Debt Sinking Fund .,,....__.___.___$ Contract for the Purchase of Clotting
Factor for the Hemophilia Program _______ $ Total Positions Budgeted

24,292,000
149,506
100,000 4,553

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clot ting factor for the Hemophilia Program and for no other purpose.

Provided, that of the above appropriation, $50,000 is designated and committed to operate a Hemophilia Pro gram in the Metropolitan Atlanta Area and $50,000 is designated and committed to operate the Hemophilia Program in Augusta.

Provided, that of the above appropriation, $437,000 is designated and committed for 12%% matching for Day Care Centers in the Appalachian Region.

Provided, that of the above appropriation, $150,000' is designated and committed for regional prenatal and postnatal care programs.

Provided, that of the funds available in the Physical Health--Local Services Budget not less than $100,000 is committed for continuation of the Com munity Cardiovascular Council Stroke-Screening Pro gram.

Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screening as authorized by House Resolution 67.

Provided, that of the above appropriation, $36,750 is designated and committed to be used to match Title IV-A funds to continue Atlanta Association for Re tarded Children's project Rescue outreach advocacy program.

Provided that no State funds shall be used for advertising the Food Stamp program or other wel fare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.

Provided, that of the above appropriation relative to Operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hospital Au thority upon the approval by the Federal Government of the application for funding for the training of health

THURSDAY, FEBRUARY 26, 1976

1599

personnel under the provisions of the Public Health Service Act.

Provided, that of the above appropriation to the Physical Health-Community Health Activity at least $147,000 is designated and committed for the Phenlketonuria (P.K.U.) Disease Prevention Testing.

Provided however of the above appropriation re lated to AFDC Benefits, the Department shall ad minister the average monthly payment so as not to ex ceed the appropriation, and shall report to the Welfare Overview Committee by the 15th of each month the status of the average payment for the prior month and the balance of the State funds available in the object for the fiscal year. Provided, however the average monthly payment may not exceed $33.00.

B. Budget Unit: Medicaid Services --.._.._,,______..__.$ 107,301,703 Medicaid Services Budget:

Personal Services .,,..-.......-......__-_.--__.,,.___$ 1,347,000

Regular Operating Expenses -.--_-__-____,,___$ 341,020

Travel -___________________,,__..______.___________$

17,500

Motor Vehicle Equipment Purchases .__.._.._._.$ --0--

Publications and Printing ____________________.._______.$

35,000

Equipment Purchases _,,_______--......................_$

9,900

Per Diem and Fees -........-.-.--.__.____.____-__,,_..,,.$

2,000

Computer Charges .,,_._______,,_____,,,,________,,__,,$ 3,160,000

Other Contractual Expense __._____________________,.__.$

45,000

Medicaid Benefits _,,_.........._.....--..-----..-_.$ 320,987,897

Payments to Counties for

Adult Mental Health ,,_._._..__.___._._____..__.____$ 1,100,000

Payments to Counties for

Child Mental Health .._..-___.._.._._-...__..........$ 160,000

Payments to Counties for

Alcoholism ____,,_________________,,__.___--_--__-____,,_,,$ 360,000

Contracts for Hospital Audits ._-............__.__._.$ 147,000

Contract with Delta Dental

Plan of Georgia ...........................................I 400,000

Contract with Georgia

Medical Care Foundation ,,,,._,,_,,__,,_______,,_____$ 1,000,000

Reserve for Provider Audits .--.,,.--._------_$ 500,000

Total Funds Budgeted .-...__._.,,...-..._.-.....-.......$ 329,612,317

Indirect DO AS Services Funding _..__-........$ 800,000

Agency Funds __...,,.,,.-__._.....,,.............-......-.......$ 221,510,614

State Funds Budgeted ......_,,,,____.____-_,,____._-___.$ 107,301,703

Total Positions Budgeted

128

Budget Unit Object Classes:

Personal Services .__,,._.-...,,_....,,.-..._._.._........$ Regular Operating Expenses _----_._.--_----,,.$ Travel --.-----$

1,347,000 341,020 17,500

1600

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases ....,,,,....$ --0--

Publications and Printing .._..-..--..,,.....,,.......$

35,000

Equipment Purchases ___-_--__--_._--_----,,__.._,,_____$

9,900

Per Diem and Fees ---,,,,_________________________,,$

2,000

Computer Charges .....-..........,,,,___......,,._..._..,,....$ 3,160,000

Other Contractual Expense ___.--_____________.__,,_$

45,000

Medicaid Benefits .........._..__.._,,_,,......................$ 320,987,897

Payments to Counties for

Adult Mental Health ______..__.._..._________.__.....$ 1,100,000

Payments to Counties for

Child Mental Health ,,_......_..___..__.__$ 160,000

Payments to Counties for

Alcoholism ..........................,,.,,..._..,,................$ 360,000

Contracts for Hospital Audits _,,._.________-__-__-$ 147,000

Contract with Delta Dental

Plan of Georgia __,,__.,,.,,,,,,,,,,,,_._____.__,,? 400,000

Contract with Georgia

Medical Care Foundation ..,,........................$ 1,000,000

Reserve for Provider Audits ____.___,,_________.--___$ 500,000

Total Positions Budgeted

128

Provided that none of the appropriation to the Reserve for Provider Audits shall be encumbered in any way until transferred to the appropriate object class or classes by action of the Fiscal Affairs Subcommittees of the House and Senate as provided by law.
C. Budget Unit: Mental Health and Youth Development Institutions ................$ 131,809,259

1. Georgia Regional Hospital at Augusta Budget:
Personal Services _.-.__._.,,_.....,,..._-_-----.....$ Regular Operating Expenses ..........--._..___._-_.$ Travel ________..._.___.,,--.-,,-_$ Motor Vehicle Equipment Purchases ....-..--..$ Publications and Printing _..__,,.________________,,__$ Equipment Purchases --..----.--.--.,,--_--,,.,,_--$ Per Diem and Fees .,,._,,_,,,,_.-__..__.......-.............$ Computer Charges ......................_.....,,-..._,,__-_..$ Other Contractual Expense ___.-.......................$ Authority Lease Rentals __..___.______..__...__.__,,-$ Total Funds Budgeted ______________._________________.$ Indirect DOAS Services Funding _,,_.,,,,_____.,,.$ State Funds Budgeted ____-..,,..__.....................$ Total Positions Budgeted

4,810,000 991,712 11,500 4,400 1,200 4,400 73,000 70,000 107,660 387,000
6,460,872 70,000
5,944,872
497

2. Georgia Regional Hospital at Atlanta Budget:

Personal Services -.-....._-.,,..,,..__-.,,_.................$ Regular Operating Expenses --...,,.--..,,_,,----$ Travel .-...._._,,__..,,.._.____-__...-...-.-....-.-.-..._-_.-....._.$

5,925,000 1,291,213
6,600

THURSDAY, FEBRUARY 26, 1976

1601

Motor Vehicle Equipment Purchases ._.--__...$ Publications and Printing ...... ....................^
Equipment Purchases ................... ..............^ Per Diem and Pees .....----..__....,,____,,_______________$ Computer Charges ................................... .^ Other Contractual Expense ____.-_----_____._______$ Authority Lease Rentals ___._._____.________.__________$ Total Funds Budgeted .......................... ....^ Indirect DOAS Services Funding ._........,,......$ State Funds Budgeted ,,....._.........__......__.;.._..,,$ Total Positions Budgeted

--0-- 3,950
--0-- 95,000 82,000 15,824 513,000
7,932,587 82,000
7,250,287 612

3. Georgia Regional Hospital at Savannah Budget:

Personal Services ....... ........................$ Regular Operating Expenses _,,_____--_._.___--___.$ Travel ____.__-__.___.__,,___,,__.__-______._____.___.______________,,_$ Motor Vehicle Equipment Purchases _________.$ Publications and Printing _____________,,_.________,,____$ Equipment Purchases --.--.__.--__....--,,_,,._.-_..$
Per Diem and Fees ...............................^ Computer Charges .....__._-...-__-....___......,,,,._-..-_$ Other Contractual Expense -_,,....._.,,..--.........$ Authority Lease . Rentals .._,,...._____...__..._..._.$ Total Funds Budgeted -_--_._______.___.-_____-___.__.$ Indirect DOAS Services Funding .....___,,....._$ State Funds Budgeted ~_.___.__-_.____.___-___~___.$ Total Positions Budgeted

4,738,000 825,518 11,200 --0-- --0-- 7,150
68,000 69,000 12,000 500,000 6,230,868 69,000 5,686,868
523

4. West Central Georgia Regional Hospital Budget:

Personal Services ,,__,,_,,_,,,,___.._____,,.______$ Regular Operating Expenses --____.--,,__.----_$ Travel ................................$ Motor Vehicle Equipment Purchases __,,,,__$ Publications and Printing --.----__----,,_----_$ Equipment Purchases -----.--------------.----.$ Per Diem and Fees ....,,..__......__,,.._.____......___......$ Computer Charges --__,,..--_--..___......--,,.._..._-..$ Other Contractual Expense _,,--__-_--------__._$ Authority Lease Rentals ._..__.__.......-__...._-..__.$ Total Funds Budgeted -.-...-..__......_-_-......__.__..$ Indirect DOAS Services Funding ....___._......$ State Funds Budgeted __......___-.._..___._.,,......-__...$ Total Positions Budgeted

4,610,000 902,528 7,100 --0-- 1,075 8,500 42,000 65,000 --0^-- 646,500
6,282,703 65,000
6,039,203 502

5. Northwest Georgia Regional Hospital at Rome Budget:

Personal Services .........................................I Regular Operating Expenses ,,_.,,..._.,,,,.,,.-.....$ Travel _....__._...._..____........__-.. ..___..........___._........-_.$

6,215,000 1,461,754
15,000

1602

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases ............$

Publications and Printing _.___,,,,._.._..._._.,,,,,,..$

Equipment Purchases -_-_.--,,_.__...__,,___._.........__$

Per Diem and Fees ....................................^

Computer Charges .................................$

Other Contractual Expense __..__.._..,,__--.--.--.$

Capital Outlay ------,,

____.___.___.___._$

Authority Lease Rentals ............................^

Total Funds Budgeted -________,,.______.,,...............$

Indirect DOAS Services Funding ___.___-______-$

State Funds Budgeted ___-___.,,____________.___.__-.___$

Total Positions Budgeted

10,000 1,700 19,250 32,550 75,000 --0-- 300,000 853,500 8,983,754 75,000 8,394,715
646

6. Gracewood State School and Hospital Budget:

Personal Services _._-._-_.__.___-..,,...,,.,,..,,........$ Regular Operating Expenses .................________$ Travel ......................................$ Motor Vehicle Equipment Purchases --.__,,.$ Publications and Printing -__________________.___.,,___,,$ Equipment Purchases ------_--,,,,-----------$ Per Diem and Fees ______-_----.____,,__--__._...__.__---$ Computer Charges __-......................,,,,..............$ Other Contractual Expense ___...........,,,,__._.,,$ Capital Outlay ___.,,_.._._,,__....,,__---$ State of Georgia General
Obligation Debt Sinking Fund .__..__.__________$ Authority Lease Rentals .....................^ Total Funds Budgeted ...................................^ Indirect DOAS Services Funding .___............_.$ State Funds Budgeted ........................^ Total Positions Budgeted

13,396,000 2,873,251
17,500 11,500
800 33,850 41,000 71,000 132,123 280,000
275,000 117,000 17,249,024 171,000 12,758,024
1,468

7. Southwestern State Hospital Budget:
Personal Services ........................................^ Regular Operating Expenses .___............-_-___.$ Travel ............................... ^ Motor Vehicle Equipment Purchases __,,._..--_$ Publications and Printing .__,,.........__--._....--.$ Equipment Purchases .......................... ...^ Per Diem and Fees ............................. ^ Computer Charges ___.__,,---..___._____-----~~-$ Other Contractual Expense ................. .^, State of Georgia General
Obligation Debt Sinking Fund .........___-_-...? Capital Outlay ................... ^ Total Funds Budgeted ........... ..... 4 Indirect DOAS Services Funding -__......._____...$ State Funds Budgeted ............... ^ Total Positions Budgeted

7,612,152 1,572,183
17,400 13,855
1,365 35,700 43,135 70,000 15,472
200,000 53,000
9,634,262 70,000
8,507,127 819

THURSDAY, FEBRUARY 26, 1976

1603

8. Georgia Retardation Center Budget:

Personal Services .....--.-.....................................I Regular Operating Expenses _.--___--_____________$ Travel ^ -----,,,,..--_._._.-___._,,$ Motor Vehicle Equipment Purchases _____,,._,,_$ Publications and Printing .-..__.........__.....,,___..$ Equipment Purchases ___.....,,_..,,..._._._._.....____......$ Per Diem and Fees .----._._____-__________..________.___...$ Computer Charges ..--__.___......__....._.___......_____...$ Other Contractual Expense ..-..___....-____....._.__.$ Capital Outlay .._.___.,,....___...._..__......._........__._.....$ Authority Lease Rentals _-_.______________.__._.__._,,__$ Total Funds Budgeted _........__.__......___......._..__...$ Indirect DOAS Services Funding ._......___..,,....$ State Funds Budgeted ._____.._.______.._._.___..__________.$ Total Positions Budgeted

9,710,000 2,794,790
17,500 --0--
2,500 11,900 41,000 102,100 14,000 --0-- 794,000 13,487,790 102,100 11,969,341
1,013

9. Georgia Mental Health Institute Budget:
Personal Services ___,,__-__.___.-______.__________.._---$ Regular Operating Expenses ___.___._..-._.___..--_ $ Travel -_,,-,,.-,,-,,__.-.__--___--$ Motor Vehicle Equipment Purchases --_.,,---$ Publications and Printing .._._____,,._...__._..,,..._.$ Equipment Purchases .._____.-...-..___._-_.-..____--.. $ Per Diem and Fees ......_.__._....^__.._.........._____......$ Computer Charges _._.__________.___________---_--____-___$ Other Contractual Expense ______....,,........_______.$ Authority Lease Rentals __.._.........-____._-_....-__.$ Total Funds Budgeted .___________________.________________.$ Indirect DOAS Services Funding .....____.........$ State Funds Budgeted ....___.......__.___.___........-___.$ Total Positions Budgeted

7,284,000 1,594,611
22,200 --fr--
1,500 4,000 54,000 60,810 410,112 450,000' 9,881,233 160,810 9,259,423
679

10. Central State Hospital Budget:

Personal Services .._..__.___.....______,,_..........._____._..$ Regular Operating Expenses -.-.._-____._...._....$ Travel .-......____._______....-.____....-____...-._---__,,... $ Motor Vehicle Equipment Purchases ___.___--..$ Publications and Printing .._.__._____,,.,,.......,,____.$ Equipment Purchases _....-_..__.__........--______..--..$ Per Diem and Fees ____.._________._______,,__._________--.$ Computer Charges ..______-....-..___..-.........-_-__--$ Other Contractual Expense ......,,.___..__.__..-...--.$ Capital Outlay -..___-.__.....,,_.___-_-.....--.-----..$ Authority Lease Rentals ___..........__-_______-...-.$
State of Georgia General Obligation Debt Sinking Fund .________________.$
Outpatient and Aftercare Drug Purchases -............-..--.................--.--I
Total Funds Budgeted _..__,,..___________.____.._____.-.$

42,000,000 9,479,849 25,250 39,000 738 68,600 55,500 360,000 65,356 --0-- 1,284,000
475,500
750,000 54,603,793

1604

JOURNAL OF THE SENATE,

Indirect DOAS Services Funding ,,,,.._.___,,_____._$

660,000

State Funds Budgeted ______.______.___$ 44,547,935

Total Positions Budgeted

4,863

11. State Youth Development Centers Budget:

Personal Services __ .__.____._._..__.______________,,$ Regular Operating Expenses __--------.__.--.$ Travel .-----_.--_$ Motor Vehicle Equipment Purchases -_......,,.$ Publications and Printing ...._....__.__,,.--_.........$ Equipment Purchases ....._______-_---.--.,,.-___.-_,,_.$ Per Diem and Fees _________-_____.____----__,,_.___.$ Computer Charges ........,,_.___..._.__............_____.__..$ Other Contractual Expense ..____....,,_____.__....$ Capital Outlay ---__,,__..--.--.--._-_,,---$ Total Funds Budgeted -.-........,,..___.____-.......___.$ State Funds Budgeted ___.____....._.......______._......$ Total Positions Budgeted

5,865,897 1,408,060
7,700 12,700
500 14,435 33,900 8,000 8,400 --0-- 7,359,592 7,275,592
607

12. Regional Youth Development Centers Budget:

Personal Services _.._._..__..._._._._,,---.._....$ Regular Operating Expenses --------______--__.$ Travel .-----------.$ Motor Vehicle Equipment Purchases --,,_____..$ Publications and Printing ___,,.________._______._________$ Equipment Purchases ,,_..__-_,,_---_,,----_-.--.--.$ Per Diem and Fees _..._.._..____......._..___$ Computer Charges _._,,__.___._._.... ---_..._--$
Other Contractual Expense ..,,.--_------..--....$
Capital Outlay --._....._.__,,-.---...$
Reserve for Operation of Clayton RYDC ...,,._..__..__.___..........-_..___.___.$
State of Georgia General Obligation Debt Sinking Fund _._-_._____...$
Grants to County-Owned Detention Centers _______..____.___________._________..___.______-___-__._.$
Total Funds Budgeted ......-..-.___.__._-.........__..$
State Funds Budgeted .__.___.-___-_....-......__.___.___.$
Total Positions Budgeted

2,190,000 649,155 7,575 --0-- 800 9,600 63,380 --0-- --0-- --0--
246,000
275,400
250,000 3,691,910 3,675,872
286

13. Regular Operating Expenses Reserve Budget:

Regular Operating Expenses Reserve ..........--.._.,,--,,..-._--
Total Funds Budgeted ,,,,________ State Funds Budgeted ......... Total Positions Budgeted

500,000 500,000 500,000
0

THURSDAY, FEBRUARY 26, 1976

1605

Budget Unit Object Classes:

Personal Services _----__--------__,,_--_,,__,,_--___.$ 114,356,049

Regular Operating Expenses __,,--___________________$ 25,844,624

Travel .... ____....-____...__......_..._......._,,......._.._........$ 166,525

Motor Vehicle Equipment Purchases -,,----..$

91,455

Publications and Printing ____.____.______-_____,,____,,_.$

16,128

Equipment Purchases ....-_____......_-___..-.....,,,,.....$ 217,385

Per Diem and Fees _._____,, ____._. _._______$ 642,465

Computer Charges ___.,,______-__________._._._______,,._._____.$ 1,032,910

Other Contractual Expense ____._........___.._..____..$ 780,947

Capital Outlay ___________.___.____..________.___._______________.$ 633,000

Regular Operating Expenses Reserve ,,.------$ 500,000

Grants to County-Owned

Detention Centers ....._-___.......-.-_.-....._,,__-...$ 250,000

Authority Lease Rentals .____,,____--___,,.__._,,__--_$ 5,545,000

State of Georgia General

Obligation Debt Sinking Fund .._.......-___..$ 1,225,900

Outpatient and Aftercare

Drug Purchases _--.-....--__--..._--__.-._--.----.$ 750,000

Reserve for Operation

of Clayton RYDC ,,_---,,__.--_---$ 246,000

Total Positions Budgeted

12,515

Provided, that from the above appropriation relat ing to Capital Outlay: $280,000 is designated and committed for renovations, to meet Fire' Marshal re quirements at Gracewood State School and Hospital; $300,000 is designated and committed for renovations, to meet Fire Marshal requirements, at Northwest Georgia Regional Hospital at Rome; and $53,000 is designated and committed for renovations of the sewage lift station, to meet Environmental Protection Agency requirements, at Southwestern State Hospital.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $275,000 is specifically appropriated for the pur pose of constructing a Hospital Unit at Gracewood State School and Hospital through the issuance of not to exceed $2,750,000 in principal amount of General Obliga tion Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $292,500 is specifically appropriated for the purpose of renovating the Alien Building at Central State Hospital through the issuance of not to exceed $2,925,000 in principal amount of General Obligation
Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $200,000 is specifically appropriated for the

1606

JOURNAL OP THE SENATE,

purpose of constructing a multi-geographic receiving facility at Southwestern State Hospital through the issuance of not to exceed $2,000,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $65,000 is specifically appropriated for the pur pose of constructing a Regional Youth Development Center at Columbus, Georgia through the issuance of not to exceed $650,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $210,400 is specifically appropriated for the pur pose of constructing Regional Youth Development Centers at Macon ($842,000), Griffin ($631,000) and Eastman ($631,000) through the issuance of not to ex ceed $2,104,000 in principal amount of General Obliga tion Debt.

Section 26. Department of Labor. A. Budget Unit: Inspection Division ____,,,,_._________,,.$

Inspection Division Budget:
Personal Services -__-._.~-~-~~_______._~~--_.__-$ Regular Operating Expenses _______.__,,___--_._____.$ Travel --....,,_------.-.-.-...-...,,__-..-............_---.......$ Motor Vehicle Equipment Purchases __--__--.$ Publications and Printing ----_____,,__-__--__-_.____$ Equipment Purchases ___._,,_.____.__,,,,--__.___$ Per Diem and Fees .,,.___..,,.----...,,,,--.----,,--$ Computer Charges ________..,,_.-,,______.--.......$
Other Contractual Expense --........,,__,,.---._._...$
Total Funds Budgeted ----_---.----$
State Funds Budgeted _____________-_____._.___--______$
Total Positions Budgeted

Budget Unit Object Classes:
Personal Services .............................................I Regular Operating Expenses _______----_____,,--.$ Travel -____._---_----------$ Motor Vehicle Equipment Purchases ----.,,--$ Publications and Printing ,,_._________,,______,,,,____$ Equipment Purchases _____-----_____.----_--_----_,,$ Per Diem and Fees ___.,,_______,,__________----__,,-$ Computer Charges ._.--.--.._--------,,----------$ Other Contractual Expense __.____,,_--,,,,.----.$ Total Positions Budgeted

463,500
376,000 25,000 60,000 --0--
1,500 500
--0-- --0--
500 463,500 463,500
28
376,000 25,000 60,000 --0>--
1,500 500
--0-- --0--
500 28

THURSDAY, FEBRUARY 26, 1976

1607

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund --------____________$

2,926,644

1. Basic Employment Security Budget:

Personal Services --..-____.__.---..-...______............$ Regular Operating Expenses -- .____________._.$ Travel ---_._.___.__.___,______$ Motor Vehicle Equipment Purchases ......_.....$ Publications and Printing .........__..1................$ Equipment Purchases ,,_____._-,,,,__________,,$ Per Diem and Fees ___________,,.,,_________,,__,,,,.$ Computer Charges _,,___-----,,._____________$ Other Contractual Expense --..--....--.--._--__.$ Total Funds Budgeted ____.__................_.........$ State Funds Budgeted ____.___._-___.___--_--__-___,,._.$ Total Positions Budgeted

14,630,000 3,919,071
475,000 --0--
15,000 38,000 5,000 --0--- 675,000 19,757,071 455,278
1,069

2. Comprehensive Employment and Training Act (CETA) Budget:

Personal Services ,,._..._._._.___.._..___.$

Regular Operating Expenses -._.__________,,,,.,,.$

Travel .........-_..______.............,,__,,._......................._$

Motor Vehicle Equipment Purchases --___.____$

Publications and Printing

,,,,_______$

Equipment Purchases _.,,_______________,,_.,,__$

Per Diem and Fees _______....................-._._____..,,_.$

Computer Charges _,,_____.,,_ _,,__,,--__.___.____$

Other Contractual Expense (CETA) ._______..$

CETA Direct Benefits .........--_-__.--____.-._-$

Total Funds Budgeted ........______.._..__-_............$

State Funds Budgeted -_..__......-............-..-......$

Total Positions Budgeted

3,127,033 2,151,616
300,000 --0--
15,000 30,000 5,000 --0^-- 25,000,000 10,000,000 40,628,649 --0--
264

3. Correctional Services Budget:

Personal Services _________,,_,,_._,,__.___._._............$ Regular Operating Expenses __..____,,____.....$ Travel ..................^.. ... $ Motor Vehicle Equipment Purchases .....,,.._,,$ Publications and Printing _____----._....._...._.....$ Equipment Purchases --.....--.----------,,-._.._,,$ Per Diem and Fees --_--_----_.------_------_----$ Computer Charges .----..--..------------------I Other Contractual Expense _,,.,,.._,,,,..___.___.___.$ Total Funds Budgeted .....................$ State Funds Budgeted ...................................I Total Positions Budgeted

721,815 31,000 14,550 --0-- --0-- --0-- --0--. --0-- 20,000 787,365 787,365
53

1608

JOURNAL OF THE SENATE,

4. Unemployment Compensation Reserve Fund Budget:

Unemployment Compensation Reserve Fund ............... ...........................$
Total Funds Budgeted .....-...______.._.___,,..,,.......$ State Funds Budgeted ........................ .^

1,000,000 1,000,000 1,000,000

5. Work Incentive Budget:
Personal Services ----____,,______._,,____,,___,,._____,,___$ Regular Operating Expenses ..........................^ Travel .......................................................$ Motor Vehicle Equipment Purchases ............$ Publications and Printing _-_,,_,,,,,,_.,,.,,,,_____.$ Equipment Purchases .....................................$ Per Diem and Fees ...........................................^ Computer 'Charges ............................................^ Other Contractual Expense .__..-...,,..-.-....,,_____.$ W.I.N. Grants ..............................$ Total Funds Budgeted -___...,,..-...-........__--.._..$ State Funds Budgeted .-..._..-___.._..____.________.__$ Total Positions Budgeted

2,860,664 405,373 100,000 --0-- 1,000 10,300 --0-- --0--
2,510,908 951,768
6,840,013 684,001 232

Budget Unit Object Classes:
Personal Services .....................................$ Regular Operating Expenses .......................$ Travel .....................................................$ Motor Vehicle Equipment Purchases .----,,_.$ Publications and Printing ,,......,,.....,,___...........$ Equipment Purchases ........................ .....,,..,,...$ Per Diem and Fees ............................^.............^ Computer Charges .........................................$ Other Contractual Expense (CETA) ,,____.___.$ Other Contractual Expense ________________________~| W.I.N. Grants ..........................................^ Unemployment Compensation
Reserve Fund ...........................................4 CETA Direct Benefits ..............$ Total Positions Budgeted

21,339,512 6,507,060
889,550 --0--
31,000 78,300 10,000 --0-- 25,000,000 3,205,908 951,768
1,000,000 10,000,000
1,618

Section 27. Department of Law. Budget Unit: Department of Law ............._-..? 2,233,750

Attorney General's Office Budget:
Regular Personal Services ...........................^ Library Personal Services ................................^ Regular Operating Expenses ......................^ Travel ................................................. ..........^ Motor Vehicle Equipment Purchases ...------$ Publications and Printing ..........-.-...-_.-----$ Equipment Purchases .....................................^ Per Diem and Fees ........................................--.$ Computer Charges ...........................................^

1,880,617 112,883 181,723 64,100 --O1-- 28,827 3,800 115,000 --0--

THURSDAY, FEBRUARY 26, 1976

1609

Books for State Library ________________ Other Contractual Expense .__.___.--. Total Funds Budgeted ..___,,....____..... State Funds Budgeted ...--__......_-__.
Total Regular Positions Budgeted Total Library Positions Budgeted

32,000 0_
2,418,950 2,233,750
89 9

Budget Unit Object Classes:
Regular Personal Services --------------------$ Library Personal Services _________________________._.$ Regular Operating Expenses ----------_------.$ Travel -------- -----------------------------$ Motor Vehicle Equipment Purchases ___------$ Publications and Printing ------------_----_----$ Equipment Purchases .......__........_..--_--------.$ Per Diem and Fees --_----------__----------_--$ Computer Charges .---------------------------- $ Other Contractual Expense _------------------$ Books for State Library ----------.------------$ Total Positions Budgeted

1,880,617 112,883 181,723 64,100 --0-- 28,827 3,800 115,000 --0-- --0-- 32,000 98

For the cost of operating the Department of Law provided that the compensation of all Assistant At torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Execu tive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.

Section 28. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments ..... ..$ 2,414,565

1. Applicant Services Budget:
Personal Services ------------_........-- Regular Operating Expenses --.....---- Travel ........__.__-_._..---....__.._........_._..._.. Motor Vehicle Equipment Purchases Publications and Printing _.------.---- Equipment Purchases __------__---- Per Diem and Fees ------___---------- Computer Charges --_.--__,,--------_---- Other Contractual Expense .____......--. Total Funds Budgeted -------------- Agency Assessments ----____--,,---- Total Positions Budgeted

420,523 33,250 2,975
--0--
23,075 --0--
25,000 136,000 --0--
640,823 640,823
34

1610

JOURNAL OF THE SENATE,

2. Classification and Compensation Budget:

Personal Services --------..-......--........--.--......I Regular Operating Expenses ..........................$ Travel ..........................................................^ Motor Vehicle Equipment Purchases ----__--.$ Publications and Printing ..........................$ Equipment Purchases ..............................^ Per Diem and Fees ...........................................^ Computer Charges ------______._____,__,,_______,,._$ Other Contractual Expense ,,------....--------.$ Total Funds Budgeted .--,,,,,,.---.,,.,,$ Agency Assessments ............................. ^ Total Positions Budgeted

304,962 9,500 8,000
--0-- 19,000 450
--0-- 65,000
--0-- 406,912 406,912
21

3. Employee Services Budget:

Personal Services .......................... .^ Regular Operating Expenses ----.----.----$ Travel .............................................$
Motor Vehicle Equipment Purchases ----......$
Publications and Printing __.._.._______.___._____$ Equipment Purchases ................................$ Per Diem and Fees ------.--..---.__..----..,,.--,,...$ Computer Charges ................................$ Other Contractual Expense --.--..___--.----..____$ Total Funds Budgeted ........._..._._,,........___-_......$ Agency Assessments .........................$ Total Positions Budgeted

232,450 9,215 2,300
--0--
4,000 --0-- --O1--
46,000 --0-- 293,965 293,965
19

4. Employee Training and Development Budget:

Personal Services ..........__.--..........,,..........._,,,,.$ Regular Operating Expenses .................$ Travel ___.,,.-._...---_...--..---.-$ Motor Vehicle Equipment Purchases ----..._._$ Publications and Printing .___........,,.........___,,...$ Equipment Purchases ..................................$ Per Diem and Fees .....-...__......................._-....._$ Computer Charges ...._-.......___._......._._.......___.....$ Other Contractual Expense .,,....._,,....,,...._....$ Total Funds Budgeted .......... ^.... ........ ^ Agency Assessments ---.,,.___.----..._-------_....$
Total Positions Budgeted

203,420 16,090 6,150
--0-- 4,700 1,200' 1,600 100
--0-- 233,260 233,260'
14

5. Health Insurance Administration Budget:

Personal Services .................. .........................$ Regular Operating Expenses ---.--....--.--...--$ Travel ............................................. ....^ Motor Vehicle Equipment Purchases --.._.--.$ Publications and Printing ...............................^ Equipment Purchases ......................................^ Per Diem and Fees ............................$

187,650 19,286 1,575 --0-- 3,300
910 26,000

THURSDAY, FEBRUARY 26, 1976

1611

Computer Charges -,,..--.,,._.-______.$ Other Contractual Expense ........__..........___...$ Health Insurance Claim Payments -__...___,,..__.$ Total Funds Budgeted ..----.-. .--....,,...$ Employee and Employer Contributions ..,,.__$ Total Positions Budgeted

17,156 814,000 25,700,000 26,769,877 21,000,000
16

6. Internal Administration Budget:

Personal Services .___.----_..---______.$ Regular Operating Expenses ..... ,,--_--_.-- $ Travel ...._____.______$ Motor Vehicle Equipment Purchases ._........_.$ Publications and Printing --..__.,,_.__--.--.___._..$ Equipment Purchases _...,,.--.-__..,,...-----___.....$ Per Diem and Fees ___..........__.__-...._--__.............$ Computer Charges ...,,___.__........,,..____..............._.$ Other Contractual Expense .__.___.__..--...--____._$ Federal Sub-grants to
State and Local Agencies ___._.____----_-____._.$ Total Funds Budgeted _...--__-_______--__-,,,,.___.$ Agency Assessments _,,-_,,,,._._____,,$ Total Positions Budgeted

248,609 11,600 2,190
--0-- 5,300
--0-- 1,900
438,729 --0--
252,755 961,083 669,408
20

7. Director Office Budget:
Personal Services ____.,,,,____.______,,,,,,_____..$ Regular Operating Expenses _.____,,_------___,,__$ Travel _.___.---______.--________..__________$ Motor Vehicle Equipment Purchases ----_____.$ Publications and Printing ------_._.------_----_$ Equipment Purchases .__----_----.__------_--_._,,$ Per Diem and Fees .._..__.__-......_______,,.........__.__..$ Computer Charges ,,,,.....-----_,,--..-------_,,_--.$ Other Contractual Expense .--____,,--.--------$ Total Funds Budgeted .........__.___............._..___..$ Agency Assessments _--_----------_,,,,_--_......$ Total Positions Budgeted

142,497 7,700 4,500
--0--- 1,500 500 13,500
--0-- --0-- 170,197 170,197
7

Budget Unit Object Classes:

Personal Services ___________.____--_-___.._______.____,,.____$ Regular Operating Expenses .._...__--_....._.......$ Travel ................................. ....$ Motor Vehicle Equipment Purchases ............$ Publications and Printing __.._...............___.....$ Equipment Purchases ....------___-___---,,-_.----.$ Per Diem and Fees ....................$ Computer Charges ___._____.______________________-.--____.$ Other Contractual Expense ...................-....,,$
Federal Sub-grants to State and Local Agencies ............................I
Health Insurance Claim Payments ....--._.--_.$
Total Positions Budgeted

1,740,111 106,641 27,690 --0-- 60,875 3,060 68,000 702,985 814,000
252,755 25,700,000
131

1612

JOURNAL OF THE SENATE,

Provided, however, that the State Merit System of Personnel Administration is authorized to make only such unit assessment as is required to fund the level of expenditure contemplated for this budget unit in this Appropriations Act.

Provided, that of the above appropriation relative to Per Diem and Fees, the department is authorized to spend up to $10,000 for the purpose of establishing the necessary funding level for a statewide teacher's
health insurance program.

Section 29. Department of Natural Resources.

Budget Unit: Department of Natural Resources __.__...__..._._-,,_.-....-..._.-_.-..._.._._...$ 28,086,054

1. Internal Administration Budget: Personal Services ..............._..........,,,,...-_......_$ Regular Operating Expenses .,,__._..............._$ Travel ___._.--_____________________.____________________.__.._.$ Motor Vehicle Equipment Purchases ------,,.$ Publications and Printing _____________________,,,,_,,.$ Equipment Purchases --___._--_--------___._----__$
Per Diem and Fees -.........-..--.....--.--~~~~.j Computer Charges ....._..._.,,___.__,,..-............-...._$ Other Contractual Expense ..--...--...--------..$ Total Funds Budgeted -................,,..-,,...-.........$ State Funds Budgeted .,,_,,.. ---,,-,,-$
Total Positions Budgeted

1,075,000 213,000 12,000 --0-- 96,000 8,000
27,000 131,000 --0-- 1,562,000 1,562,000
83

2. Public Relations and Information Budget:

Personal Services ....,,-_-..................._..-...--.._$ Regular Operating Expenses ,,_,,_--.----.,,.--.$
Travel .._.__.._....,,._.-...-..._..._._..__.--_---.-$ Motor Vehicle Equipment Purchases --__,,--._$ Publications and Printing __,,_,,___________--.__,,.._$ Equipment Purchases -----------_._----------_$ Per Diem and Fees --___--__.___..._.,,-------...$ Computer Charges ..,,...__-.------.-..-.......-.,,,,-..$ Other Contractual Expense .------,,----------.$ Total Funds Budgeted ___..__...-------$
State Funds Budgeted .........-....................---9
Total Positions Budgeted

320,637 81,870
8,500 --0^268,000
3,000 3,000
600 --0-- 685,607
685,607
26

3. Planning and Research Budget:
Personal Services ........-...--.........--...-----.-I Regular Operating Expenses .----_-._.--------_$ Travel _______.__,,_,,_.___.____________________..._---_$ Motor Vehicle Equipment Purchases ..,,.----.$ Publications and Printing __..............._--._......$ Equipment Purchases __.--_--_--_.-,,------------_$

937,806 89,990 38,000 --0-- 52,000
625

THURSDAY, FEBRUARY 26, 1976
Per Diem and Fees .................................. .......J$ Computer Charges ...................................^ Other Contractual Expense ----..----,,....-----.$ Land and Water Conservation Grants __._.....$ Recreation Grants ......................................$ Total Funds Budgeted .........................$ State Funds Budgeted ._-_,_..-.,,....-___.....,,._..$ Total Positions Budgeted

1613
19,000 3,000 98,000 3,700,000 100,000 5,038,421 1,048,074
59

4. Game Management Budget:
Personal Services .__,,......._...._...__.._..,,..,,....$ Regular Operating Expenses ._--...--_-,,,,..--.$ Travel ........ ................... ......^.$ Motor Vehicle Equipment Purchases -_._._....$ Publications and Printing ....__..._..,,_.......,,_...$ Equipment Purchases .............. ..........^.......$ Per Diem and Fees __.._...-....._.,,....._...........__,,.$ Computer Charges --.,,.....-,,,,.-.-._.__.-..-.-.,,.....$ Other Contractual Expense .........................$ Maintenance for the South End
of Sapelo Island ............................................I Capital Outlay .-,,,,__----.----,,..----._----.___.$ Total Funds Budgeted -_-__,,___-________-.____.--$ State Funds Budgeted -__......__......,,.__......__..$ Total Positions Budgeted

1,350,793 536,205 17,000 71,975 12,000 28,000 2,500 6,500 19,000
75,000 --0-- 2,118,973 1,106,473
109

5. Fisheries Management Budget:

Personal Services ...........................$

Regular Operating Expenses _--.--_--__--__--,,$

Travel

.................... ..^

Motor Vehicle Equipment Purchases ___.,,___.$

Publications and Printing ,,__-...-...-_.--.........-__.$

Equipment Purchases ,,---_-----.----.------,,---$

Per Diem and Fees .........___-.-...-___...........-__.--$

Computer Charges .__.,,.......___,...-...__.,,..........__.$

Other Contractual Expense .,,.__.............,,._...$

Capital Outlay--Hatchery Renovation ........$

Total Funds Budgeted -.....-..__........___..,,......_.._.$

State Funds Budgeted ,,......-._.-........,,_.-..-...-$

Total Positions Budgeted

1,375,000 592,200 31,000 30,000 8,500 45,000 2,000 3,125 31,200 94,000
2,212,025 1,732,025
108

6. Law Enforcement Budget:
Personal Services ...............-..................$ Regular Operating Expenses -............-............$ Travel .....,,____.__....--__-..--_.-.--_..-.-.-.-_-$ Motor Vehicle Equipment Purchases ----...--$ Publications and Printing ..............................I Equipment Purchases ,,___-.-...___._..........-_...-$ Per Diem and Fees .-...,,-.-....-._..-.........-,,_......$ Computer Charges --..----------,,---.--------_--$ Other Contractual Expense ___.----__,,-_--_----$

3,050,000 893,100 37,000 172,580 29,400 185,000 4,000 --0-- --0--

1614

JOURNAL OF THE SENATE,

State of Georgia General Obligation Debt Sinking Fund .______.._________________________._.$
Total Funds Budgeted ...;____.______.............__.______.$ State Funds Budgeted ..............................^ Total Positions Budgeted

24,930 4,396,010 4,307,507
243

7. Project Evaluation Budget:

Personal Services .................................. ^ Regular Operating Expenses _______________,,_____,,__$ Travel ..................................................$ Motor Vehicle Equipment Purchases _____.__.$ Publications and Printing ..-.---...----..----...--IP Equipment Purchases ________________________.____._________$
Per Diem and Fees .--__________----.------_------_--,,$ Computer Charges -_-____________--..----.--_--_-_--$ Other Contractual Expense -_____._---__----,,-_._$ Total Funds Budgeted ___________.___-..........._.____-_._-$ State Funds Budgeted .._____________.____________._..__....$
Total Positions Budgeted

65,659 10,780
2,600 --0--
300 --0--
--0-- --0-- --0--
79,339 79,339
4

8. Coastal Marshlands Protection Budget:

Personal Services _________.____..___.-__..__..._..-..-...__..._$

Regular Operating Expenses ,,.----..._------.,,.$

Travel ......... ........................$

Motor Vehicle Equipment Purchases ..----....$

Publications and Printing ,,,,___...,,______.___._______.$

Equipment Purchases .................................^

Per Diem and Fees ...............................^

Computer Charges ..-,,___.____-- ._.________-__--_-----..$

Other Contractual Expense --.--.-...--.-...-----$

Total Funds Budgeted ..................... ^,

State Funds Budgeted

-.,,

_$

Total Positions Budgeted

55,500 8,635 2,500 4,300
650
1,000
2,600 --0-- --0--
75,185 75,185
3

9. State Parks and Historic Sites Operations Budget:

Personal Services -__..-_..........-.__._______.____..______.$

Regular Operating Expenses ..........._.............$

Travel ................

^

Motor Vehicle Equipment Purchases --..........$

Publications and Printing _._.___.__.____.____._..._......$

Equipment Purchases ___._._.,,..............................$

Per Diem and Fees ..................._.__.....................$

Computer Charges .....................--.........----.--.$

Other Contractual Expense ......................... ^

Capital Outlay--Repairs and

Maintenance __.. ._._.__.________..-.___...______--__..---..$

Capital Outlay--Shop Stock ..........................I

Cost of Material for Resale ____.__.___-...............$

Authority Lease Rentals ___..._._._.___..__.._...-........$

Total Funds Budgeted .__..............._..__.___._-__..-$

3,976,000 2,283,200
72,500 45,000 45,300 150,000 30,000 --0-- 28,500
1,156,000 150,000 525,000
2,526,000 10,987,500

THURSDAY, FEBRUARY 26, 1976

1615

State Funds Budgeted .._.....____._........_____...,,._....$ Total Positions Budgeted
10. Geologic and Water Resources Research Budget:

8,412,500 337

Personal Services ...............................$

Regular Operating Expenses .__.--.--,,...._._-_.$

Travel ____._.. .............................$

Motor Vehicle Equipment Purchases --_----,,$

Publications and Printing .........._._.......__.........$

Equipment Purchases ....................................$

Per Diem and Fees .................................$

Computer Charges .........................$

Other Contractual Expense .___,,_.......__,,.,,.......$

Contract with U.S. Geological Survey

for Ground Water Resources Survey _.__...$

Topographic Mapping United States

Geological Survey ...._..__..,,........__,,........______.$

Total Funds Budgeted __-..________________._______.____._.$

State Funds Budgeted

............... ^

Total Positions Budgeted

516,000 67,830 25,500
4,200 26,000 2,000 2,500 --0--
5,000
125,000
545,000 1,319,030 1,049,030
33

11. Water Supply Budget:
Personal Services .......................... ..^ Regular Operating Expenses .--.-------....----$ Travel ............... .....^ Motor Vehicle Equipment Purchases --.--.--.$ Publications and Printing ________,,__._____--__-_--__$ Equipment Purchases .,,--_.--.--.--------,,----_$ Per Diem and Fees ................................ ^ Computer Charges __. .................. .....^ Other Contractual Expense ...........................$ Fluoridation Grants ..............................^ Total Funds Budgeted .....................$ State Funds Budgeted ,,......___.____,,........-.-..__..__.$ Total Positions Budgeted

507,000 40,630 23,500 --0-- 6,000 4,650 --0-- 30,000
--0-- --0-- 611,780 611,780
34

12. Water Quality Budget:
Personal Services ___._........._.._.._................______.. $ Regular Operating Expenses ..__------_....----.$ Travel ______-..-....-._-__.__.-_.-.-__......----___--$ Motor Vehicle Equipment Purchases _...._.....$ Publications and Printing .__.___.__......-.....,,-.-___.$ Equipment Purchases -.------.--.--------..,,----$ Per Diem and Fees ........................$ Computer Charges ..................... 4 Other Contractual Expense .-____________...-...-...$ Water and Sewer Grants ___......................_...__.$ Total Funds Budgeted _,,____.___________________.--$ State Funds Budgeted .....................................^ Total Positions Budgeted

1,937,000 121,110 70,500 --0-- 25,000 15,000 3,800 75,000 350,000
1,073,000 3,670,410
2,440,410
118

1616

JOURNAL OF THE SENATE,

13. Air Quality Budget:

Personal Services ..................................^..$ Regular Operating Expenses .........................^ Travel ........................................... .......^
Motor Vehicle Equipment Purchases ..--._.__..$ Publications and Printing .......................^ Equipment Purchases ..................................^ Per Diem and Fees ...........................................^ Computer Charges ........-,,,,._.....-.__..,,_._.........$ Other Contractual Expense ,,----.--....----__.._...$ Total Funds Budgeted .....................................J$ State Funds Budgeted ..................^ Total Positions Budgeted

1,175,000 92,730* 53,500
--0-- 3,000 15,000 200 50,000 5,216
1,394,646 844,146 74

14. Solid Waste Management Budget:

Personal Services ...........................................$ Regular Operating Expenses ....--.---------___$ Travel -_-_,,._.-..-...-..--.._-._,,...._......___._.._............$ Motor Vehicle Equipment Purchases ..,,.._.____$ Publications and Printing ..............................^ Equipment Purchases -----_----------_._--._.--.$ Per Diem and Fees ........... ..........................^ Computer Charges ...............................^ Other Contractual Expense -------------.---- $ Solid Waste Grants ....................................^ Total Funds Budgeted .-......._-__....._---__-__..__..$ State Funds Budgeted ...^................................^ Total Positions Budgeted

615,000 23,125 32,000 --0-- 6,500
1,500 1,000 --to--0-- 2,000,000 2,679,125 2,679,125
35

15. Land Reclamation Budget:

Personal Services .......................................$ Regular Operating Expenses --.--.--.__,,________.$ Travel --__-._-_-..------$ Motor Vehicle Equipment Purchases ,,_.._______$
Publications and Printing ....._______.__.....,,,,........$ Equipment Purchases ................................^ Per Diem and Fees __..__..,,............,,._._.._..._.______.$ Computer Charges -....--.._..___--,,----.-..._.....--..$ Other Contractual Expense ..----._,,..-..-_.-__..._.$ Total Funds Budgeted .................................^ State Funds Budgeted ______._.._________._________..__._..$ Total Positions Budgeted

155,000 27,055 10,750
5,700
1,500 --0--
2,000 --0-- --0-- 202,005 202,005
9

16. Heritage Trust Budget:

Capital Outlay ...............$ State of Georgia General
Obligation Debt Sinking Fund ._____...__._______.$ Total Funds Budgeted ....-.-._.........._._.....-..........$ State Funds Budgeted ........................................^
Total Positions Budgeted

50,000
288,348 338,348 3'38,348
0

THURSDAY, FEBRUARY 26, 1976

1617

17. Lake Lanier Islands Development Authority Budget:

Payments to Lake Lanier Islands Development Authority for Operations .__.$
Payments to Lake Lanier Islands Development Authority for Capital Outlay ..........................$
Total Funds Budgeted ........................................^ State Funds Budgeted .............. ^ Total Positions Budgeted

500,000
62,500 562,500 562,500
0

18. Jekyll Island State Park Authority:

State of Georgia General Obligation Debt Sin-king Fund . .^.............................^
Total Funds Budgeted .......................... ^ State Funds Budgeted __...______..______-._.._..______......_.$ Total Positions Budgeted

350,000 350,000 350,000
0

Budget Unit Object Classes:

Personal Services ...... _....--.-.-.-....$ Regular Operating Expenses .__-___-___.___-....___.....$ Travel ................................................. ^ Motor Vehicle Equipment Purchases ______...._.....$ Publications and Printing ____.._______..._____..________.$ Equipment Purchases ........____-----------------_..$ Per Diem and Fees ....................... ^ Computer Charges ..____________.___--_._.._.._.___._.__.._._.$ Other Contractual Expense ___..........._.._.._..._,,_....$

Land and Water Conservation Grants ___________.$ Recreation Grants ................................................$ Fluoridation Grants ...................... ^ Water and Sewer Grants ...........................$
Solid Waste Grants ............... 4 Contract with U. S. Geological
Survey for Ground Water Resources Survey ..........................$
Contract with U.S. Geological Survey for Topographic Maps ....................^

Payments to Lake Lanier Islands Development Authority for Operations ..... $
Capital Outlay--Hatchery Renovation __.___._....$ Capital Outlay--Repairs
and Maintenance _..____________,,__...___..___..__._____._.$ Capital Outlay--Shop Stock ................__......__.$ Capital Outlay--Heritage Trust _______._._._______.$ Authority Lease Rentals ............_._._-_......._.__...._.$

State of Georgia General Obligation Debt Sinking Fund ..............__.......__._...............$

Payments to Lake Lanier Islands

Development Authority for

Capital Outlay

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

Cost of Material for Resale ................................ $

17,111,395 5,081,460
436,850 333,755 580,150 458,775 99,600 299,225 536,916 3,700,000 100,000 --0-- 1,073,000 2,000,000
125,000
545,000
500,000 94,000
1,156,000 150,000 50,000
2,526,000
663,278
62,500 525.000

1618

JOURNAL OF THE SENATE,

Maintenance for the South End of Sapelo Island ........................... ^
Total Positions Budgeted

75,000 1,275

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, however, that none of the above appropria tion for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official ap proval thereof by the Board of Natural Resources.

Provided, that of the above appropriation to the State Parks and Historic Sites Budget, $60,000 is des ignated and committed for camping for the Mentally Re tarded.

Provided, that of the above appropriation relative to Capital Outlay, $62,500 is designated and committed for matching Federal funds to provide $125,000 for a pavilion at the Sloppy Floyd Recreation Center.
Section 30. Department of Offender Rehabilitation.
A. Budget Unit: Department of Corrections ...,,.......$

2,939,709

1. General Administration and Support Budget:
Personal Services .__._.,,.._.__..__...______._...._..._..$ Regular Operating Expenses ...................-^, Travel .......................................^ Motor Vehicle Equipment Purchases ___.___.._..$ Publications and Printing ........................ ^. Equipment Purchases __.._.,,.-_.,,,,..__,,----..___...-.$ Per Diem and Fees .......... ........^ Computer Charges .............................._.___._..___.$ Other Contractual Expense ............................$ Mentally Retarded Offender Program __,,___.$ Total Funds Budgeted _______.__...___,,_.___________.___.$ State Funds Budgeted ....-..._-......._.___._._.._.._...$ Total Positions Budgeted
2. Construction, Maintenance, and Special Projects Budget:
Personal Services .......................... ..^ Regular Operating Expenses ............--.............^ Travel ............................... ^ Motor Vehicle Equipment Purchases ....--...,,$

1,995,000 389,328 56,000 20,000 23,700 3,350 20,000 143,935 60,000 1,000
2,712,313 2,712,313
149
165,000 34,396 18,000
9,000

THURSDAY, FEBRUARY 26, 1976

Publications and Printing ................................I

Equipment Purchases ___-___._____._..__.___.___.________.__.$

Per Diem and Fees

...... --.__-$

Computer Charges ...._..............,,.,,.._.___......_......$

Other Contractual Expense _._._..___....._...............$

Capital Outlay ................

^,

Total Funds Budgeted

_

$

State Funds Budgeted _._.............._...._......,,._...... $

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services --,,.....

$

Regular Operating Expenses ............................$

Travel ...................... $

Motor Vehicle Equipment Purchases ........... $

Publications and Printing ........_._.___.................$

Equipment Purchases ._..___._______.,,___________._._______ $

Per Diem and Fees _..._........__.............._..__.._...... $

Computer Charges .........................................^

Other Contractual Expense _...___._._...._.........._..$

Mentally Retarded Offender Program ........ $

Capital Outlay ._.._._____......................___._.._..._.......$

Total Positions Budgeted

1619
1,000 --0-- --0-- --0-- --0-- --0-- 227,396 227,396
11
2,160,000 423,724 74,000 29,000 24,700 3,350 20,000 143,935 60,000 1,000 --0-- 160

Provided that of the above appropriation for the Mentally Retarded Offender Program, the department be authorized to present to the Fiscal Affairs Commit tees any possible surplus to increase the program up to $150,000.

B. Budget Unit: Correctional Institutions __._.......$ 35,699,117

1. Georgia Training and Development Center Budget:

Personal Services ........_....__.___.___.__._._..............._..$

Regular Operating Expenses ___.._..___._..__.....,,..$

Travel ..........

^

Motor Vehicle Equipment Purchases ._.._____--$

Publications and Printing ___.___._.____...__.,,..........$

Equipment Purchases --....._.........._.._._.___.____,,..$

Per Diem and Fees ....._..__..__........................._.._..$

Computer Charges --,,--_.__.._____________________________--$

Other Contractual Expense ......_._...._.._._.._...--$

Total Funds Budgeted _._.___.._...................._.._..$

State Funds Budgeted . ......_.._._..__.._....._..__...__.$

Total Positions Budgeted

730,896 220,162
2,200 --0--
125 13,150 22,000 --0-- --0-- 988,533 978,678
66

2. Georgia Industrial Institute Budget:

Personal Services ._..........._...._.___._.._...__.___.__...__.$

Regular Operating Expenses ...................._.._..$

Travel

..... ^

2,461,890 1,090,092
6,422

1620

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases ----,,_...$ Publications and Printing ____.-____________..--.._______$ Equipment Purchases ---________--..-_._______--...-____$ Per Diem and Fees .___......._____.........-..._-_.__......___$ Computer Charges .-----.-._-___--.-.-..-.----_--.-.-._$ Other Contractual Expense -_-------..-------..._$ Capital Outlay -.....-.,,_......________.___._.___.-........___.$ Total Funds Budgeted ....._.___.......______,,..........___$ State Funds Budgeted ......___,,.....-......____._.._....._$ Total Positions Budgeted

--0-- 700
48,432 6,420 --0-- --0-- --0-- 3,613,956 3,576,999
226

3. Georgia Diagnostic and Classification Center Budget:

Personal Services .__.--.-_-.._....._-.____..._...----_.....$ Regular Operating Expenses --_.-...---_...$ Travel .-....._-_-,,_.....-..,,......____..........-.-__..-....-.-_.___$ Motor Vehicle Equipment Purchases ..--.....__$ Publications and Printing _____...___________.____________$ Equipment Purchases ___.....-__.-......,,__..._......,,__.$ Per Diem and Fees .......___.......--.........--............$ Computer Charges -___--.----__.-.-...._______..----____$ Other Contractual Expense .,,-,,..----_,,,,--...--__ $ Capital Outlay .-_-.._.-.-___......._............_..........$ Authority Lease Rentals -_....-..-.___-......--....__....$ Total Funds Budgeted ......,,_...........__...........,,_.$ State Funds Budgeted ........__............._,..-.........$ Total Positions Budgeted

2,990,000 866,764 4,700 --0-- 1,000 39,230 45,941 --0-- --0-- --0-- --0--
3,947,635 3,901,645
281

4. Georgia State Prison Budget:

Personal Services .............................................I Regular Operating Expenses ____....._..,,............$ Travel -____.-.._.-..___.......-..._____......_-__,,.__..........__....$ Motor Vehicle Equipment Purchases --.....___.$ Publications and Printing .._..._._,,..........__.........$ Equipment Purchases _--_,,--.-.----,,.------------$ Per Diem and Fees ._...........__..._............_..,,........$ Computer Charges __...----......_ ..__..----___ $ Other Contractual Expense .-...-.-__..__.--.-....._.$ Capital Outlay ____..,,.............__.___..............-,,._.....$ Total Funds Budgeted .............-_.___.._._-.....--$ State Funds Budgeted .....__............._......__...._....f
Total Positions Budgeted

5,043,989 2,795,429
4,789 --0--
1,000 63,486 24,400 --0-- --0-- 37,000 7,970,093 7,822,001
454

5. Consolidated Branches Budget:
Personal Services .._.................__._..___._-............$ Regular Operating Expenses ............_-_____--._.$ Travel .............__._..._............._...-.-.....-....-----$ Motor Vehicle Equipment Purchases _------..$ Publications and Printing ......._.._.................___.f Equipment Purchases -___-__.__._..--.._____,,__--......$ Per Diem and Fees .,,..............,,-,,................--...$

3,719,985 1,342,388
17,973 --0--
2,400 64,193 77,840

THURSDAY, FEBRUARY 26, 1976

1621

Computer Charges .--.--,,----__--.--.--..----.--..__.$ Other Contractual Expense ...........................$ Payments to Central State
Hospital for Meals .._......................-_________.____$
Total Funds Budgeted ............................. ^ State Funds Budgeted .______-___--__.___....-_...........$ Total Positions Budgeted

259,318 5,484,097 5,031,730
343

6. Montgomery Correctional Institution Budget:

Personal Services ___._____-__,,__----_______._____.______$ Regular Operating Expenses ....-........._..__.._..$ Travel .........................................................^ Motor Vehicle Equipment Purchases _--_----.$ Publications and Printing ..--_--,,--._____,,______$ Equipment Purchases ....... .........................^ Per Diem and Fees .-..__..___.....________________.__._._____$ Computer Charges ........................ ________________$ Other Contractual Expense ............................$ Authority Lease Rentals ._,,..__________________________$ Capital Outlay .....................................................I Total Funds Budgeted .................................$ State Funds Budgeted .__._____.._.______._.____..._........$ Total Positions Budgeted

682,000 268,465
2,700 --0--
400 19,088 7,200 --0-- --0-- --0-- --0-- 979,853 943,997
59

7. Walker Correctional Institution Budget:

Personal Services _.___________.___._._,,.________,,_.._______$

Regular Operating Expenses .........................^

Travel ..................................................................$

Motor Vehicle Equipment Purchases .--.----.$

Publications and Printing ___,,________._______.____.$

Equipment Purchases ,,.._,,___,,_.-,,.--._.---..--....$

Per Diem and Fees ...........................................^

Computer Charges ........................$

Other Contractual Expense ...................^

Authority Lease Rentals ...._....--..--.__,,____.___.$

Total Funds Budgeted ......................

.^

State Funds Budgeted .,,.,,___________________._____._____.$

Total Positions Budgeted

646,045 268,236
2,600 -- 0--
400 14,057 6,600
-- 0-- --0-- --0-- 937,938 928,083
61

8. Georgia Women's Correctional Institution Budget:
Personal Services .................................. ^ Regular Operating Expenses ___..,,............._..__.$ Travel ...............................................................^ Motor Vehicle Equipment Purchases ___.----..$ Publications and Printing ..........................^ Equipment Purchases .................. ...--.--....^ Per Diem and Fees ...............................^ Computer Charges ..........-..............-- ....$ Other Contractual Expense ......,,,,_.-----------$

1,022,983 268,080 2,200 --0-- 400
2,200 --0-- --0-- --0--

1622

JOURNAL OP THE SENATE,

Total Funds Budgeted ..................... .^,
State Funds Budgeted ......................................I Total Positions Budgeted

1,295,863
1,278,617 99

9. West Georgia Community Correctional Institution Budget:
Personal Services ----_--.......,,.............___..____.__.$ Regular Operating Expenses ........__..._______.___.$ Travel ....................................... ^ Motor Vehicle Equipment Purchases ___--___--.$ Publications and Printing ___.______.,,.........._.._....$ Equipment Purchases --...........................$ Per Diem and Fees ........................................^ Computer Charges ............................$ Other Contractual Expense _--__,,--___,,__,,_,,______$ Total Funds Budgeted ......................... .^ State Funds Budgeted ........ .............^ Total Positions Budgeted

1,236,899 404,964 3,200
--0-- 500
5,000 10,000 --0-- --0-- 1,660,563 1,648,244
143

10. Youthful Offender Institution Budget:
Personal Services _,,,,________._.,,_______,,__,,,,$ Regular Operating Expenses .............. ..^ Travel .....................................................$ Motor Vehicle Equipment Purchases --------$ Publications and Printing ................................$ Equipment Purchases ._......_____._,,.--...,,____.__--..$ Per Diem and Fees ........................ ^ Computer Charges -----____--_._-,,.,,--------------$ Other Contractual Expense ..............................^ Payments to Central State
Hospital for Meals .................. ^ Payments to Central State
Hospital for Utilities .......... .....^, Total Funds Budgeted ........... ^ State Funds Budgeted ......................................^ Total Positions Budgeted

2,030,083 400,405 4,000 --0-- 800 5,000 10,000 --0-- --0--
972,196
86,000 3,508,484 3,473,171
213

11. Talmadge Memorial Hospital Unit Budget:
Personal Services ................... ^ Regular Operating Expenses ._.._---__----_----$ Travel ...--..-..-.....--.---..-.-----------$ Motor Vehicle Equipment Purchases .._____..,,.$ Publications and Printing ................................$ Equipment Purchases ........................ .--..^f Per Diem and Fees ----...-------------------$ Computer Charges --------.-------------------$ Other Contractual Expense _,,_____._._,,--_--_--$ Total Funds Budgeted ..................$ State Funds Budgeted .......................... ^ Total Positions Budgeted

185,024 8,165 1,500
--0-- --0-- --0-- --0-- --0-- --0-- 194,689 194,689
20

THURSDAY, FEBRUARY 26, 1976

1623

12. Food Processing and Distribution Unit Budget:

Personal Services ___--.....--_.____.__,,___----_.__,,____.$ Regular. Operating Expenses _____.............__.____.$ Travel ------,,__..______,,$ Motor Vehicle Equipment Purchases .__-___,,_.$ Publications and Printing ........._._________............$ Equipment Purchases __.-,,_______.__$ Per Diem and Fees ------_-_.__...-------.....--..--__.$ Computer Charges ------_______.$ Other Contractual Expense ,,----,,........_.____....$ Payments to Central State
Hospital for Utilities __,,,,_____._-$ Total Funds Budgeted ____.._.__.--__________-._____._,,.$ State Funds Budgeted ___.______-._.______._________.______$ Total Positions Budgeted

120,774 91,846 2,000 68,000 --0-- 185,675 --0-- --0-- --0--
6,000 474,295 474,295
12

13. Institutional Support Budget:

Personal Services ___.______..__._....-........................$

Personal Services--Overtime -_-___.___-__________,,.$

Regular Operating Expenses ----------------__.$

Travel ......

.____._ .._..,,$

Motor Vehicle Equipment Purchases ._...__.___.$

Publications and Printing __........_..._._..._._.__......$

Equipment Purchases .._..__.__...__.._..___.___.__--__...$

Per Diem and Fees _....-_.__......_---..........___________$

Computer Charges ___-_________-_,,--------------__--$

Other Contractual Expense ............_..._._..._.._.$

Authority Lease Rentals ..____._._..________..._..._,,.._.$

Court Costs __._._....._.........._._._.,,---------..-.$

County Subsidy ..._..._........_._....._.........__-_,,.,,_._-$

Inmate Release Fund .._._._,,__..__._____________________._.$

Outside Health Service Purchases ____._..,,_____.$

Total Funds Budgeted .__...___._.___._._...-_............$

State Funds Budgeted __.._______-.--------$

Total Positions Budgeted

180,386 30,000 418,528 12,804 379,750
500 61,900 --0-- --0-- --0-- 840,000
200,000 2,793,000
430,000 260,100 5,606,968 5,446,968
10

Budget Unit Object Classes:
Personal Services ___.__..._.........---------$ Regular Operating Expenses -----------------$ Travel .....................-....-.----.-..------I Motor Vehicle Equipment Purchases __.._____._._.$ Publications and Printing .._.._..........,,--------.$ Equipment Purchases .-...........------------------I Per Diem and Fees .....__.....-_...--...------$ Computer Charges .__._._-.-.......------------------$ Other Contractual Expense ._.....--.------.----.$ Authority Lease Rentals ............_-.___...-.....--$ Capital Outlay ......---$ Court Costs ....-..---- ^^ Inmate Release Fund .........__..__--.....-.----$ County Subsidy ______..._...............-_-------?

21,080,954 8,443,524
67,088 447,750
8,225 521,411 210,401 --0-- --0-- 840,000
37,000 200,000 430,000 2,793,000

1624

JOURNAL OF THE SENATE,

Payments to Central State

Hospital for Meals _--_--_.----____,,

-f

Payments to Central State

Hospital for Utilities ----------_--.

-$

Outside Health Service Purchases

-$

Total Positions Budgeted

Provided, that of the above appropriation relating to Capital Outlay, $37,000 is designated and committed to complete the second phase of an irrigation system at Georgia State Prison.

Provided, that of the above appropriation relating to Regular Operating Expenses, $100,000 is designated and committed for repairs and maintenance on the Stateowned staff housing units located at the various cor rectional institutions.

1,231,514
92,000 260,100
1,987

C. Budget Unit: Department of Offender Rehabilitation ...................................$ 7,274,302

1. Probation and Parole Field Supervision Budget:
Personal Services ...,,...,,....-......._._,,..,,..-........._.$ Regular Operating Expenses ______.___,,___._._--____$ Travel ......._...._-.._........--,,_-_...-.....-.-...---,,_.$ Motor Vehicle Equipment Purchases .........___$ Publications and Printing _..._.,,.,,.,,,,-_._...,,..$ Equipment Purchases -_._,,----__--__...,,-.--.._-_-_$ Per Diem and Fees ......,......^.............................$ Computer Charges ,,_.._.--.--_.--,,,,,,.----_._...._..$ Other Contractual Expense _..--.--...--_.T------.$ Total Funds Budgeted ...................................$ State Funds Budgeted .-.--- .-.^ - .-$ Total Positions Budgeted

273,000 20,000 6,934 --0--
500 300 --0-- --0-- --0-- 300,734 300,734
15

2. Probation/Parole Field Operations Budget:
Personal Services ..............-.-.-.......--.--.....--.I Regular Operating Expenses .,,____.__------$ Travel __....--__.____..----_.__._---_-.-$ Motor Vehicle Equipment Purchases _...........$ Publications and Printing .. .........................^ Equipment Purchases ............... ....^.-...--.......$ Per Diem and Fees .........................................^ Computer Charges ------_.----------_-----------$ Other Contractual Expense ...........................$ Total Funds Budgeted ................ .................^ State Funds Budgeted .--_..,,.......-._._-_-_......$ Total Positions Budgeted

4,176,801 335,899 205,866 22,500 2,500 18,400 7,626 --0-- --0--
4,769,592 4,769,592
396

THURSDAY, FEBRUARY 26, 1976
3. Community Centers Administration Budget:
Personal Services ................. .............. ^ Regular Operating Expenses .......................$ Travel ._...__.__-......___..........__.__..__.,,..........__._.,,._....$ Motor Vehicle Equipment Purchases ___,,_,,____$ Publications and Printing ........................$ Equipment Purchases .-.-__.____..-...,,.---.__.,,......$ Per Diem and Fees .................................^ Computer Charges .................. ...........^ Other Contractual Expense __--_----_._._____.___.$ Total Funds Budgeted ......................................$ State Funds Budgeted -,,--,,_____.$ Total Positions Budgeted
4. Work Release Centers Budget:
Personal Services ---__----------___.___.$ Regular Operating Expenses --.......................$ Travel .......................................$ Motor Vehicle Equipment Purchases ~_._,,....$ Publications and Printing .......-___,,_............,,__.$ Equipment Purchases --.----___----_--------_-___$ Per Diem and Fees ....._______.............-..__,,.,,........$ Computer Charges --...--.,,,,__.__---.........--.__,,...$ Other Contractual Expense ............................$ Total Funds Budgeted .._-___.__-....._.---,,__..-......$ State Funds Budgeted ......................................$ Total Positions Budgeted
5. Transitional Centers Budget:
Personal Services ......................................$ Regular Operating Expenses .......................^ Travel ,,___,,--...._.__--_,,,,_$ Motor Vehicle Equipment Purchases --.--..__.$ Publications and Printing --,,_,,------------..--.$ Equipment Purchases --,,,,.----------._----._.--.$ Per Diem and Fees .._._-._-__..._,,....-...........-..,,..__.$ Computer Charges _.--.--...--.____--.,,._._._.._......$ Other Contractual Expense ......--,,,,__,,_____.,,_$ Total Funds Budgeted .__.___..._.._.......................$ State Funds Budgeted .-.-_..___.,,.....-..,,..-...-.......$ Total Positions Budgeted
6. Women's Pre-Release Center Budget:
Personal Services -...-.....-.._..-.-..._.____.-._.___-,,-__.$ Regular Operating Expenses ._.,,...--..--....,,.$ Travel .............. ..^.^..,-............^ Motor Vehicle Equipment Purchases ,,________$ Publications and Printing _,,,,_.._._.___._._.___.__.____.$ Equipment Purchases ._____..____._,,--------....--,,...$

1625
165,000 27,000
6,000 --0--
200 --0-- --0-- --0-- --0-- 198,200 198,200
10
303,000 246,000
2,500 --0--
400 5,000 13,000 --0-- --0-- 569,900 568,925
29
259,196 165,510
2,100 --0--
170 1,500 5,000 --0-- --0-- 433,476 404,451
26
202,000 190,000
2,500 --0--
300 5,000

1626

JOURNAL OF THE SENATE,

Per Diem and Fees ___________,,_______________.__.____________$ Computer Charges --.-....--.....-_......-......_..........$ Other Contractual Expense --..._.-----_..,,_,,_.$ Total Funds Budgeted ........,,..._..._______-__._______.$ State Funds Budgeted -.......-..__.___.___-_..__.___.___.$ Total Positions Budgeted

11,000 --0--
3,600 414,400 414,400
21

7. Andromeda Center Budget:

Personal Services ____--_______________.___.__.______________$

Regular Operating Expenses _,,--------.--.,,_.$

Travel -.............._..-.-._,,_-__-.____..---.....--............$

Motor Vehicle Equipment Purchases ,,_.___.___.$

Publications and Printing _,,___,,,,--_____,,.___$

Equipment Purchases ................. ..^,

Per Diem and Fees

................... ..^

Computer Charges ..................... .............^

Other Contractual Expense ............................^

Total Funds Budgeted ......................................$

State Funds Budgeted -._..__-___._-____---__........___.$

Total Positions Budgeted

181,377 153,003
5,000
16,500 --0--
6,400 16,200 --0-- --0-- 378,480 118,000
17

8. Restitution Shelters Budget:
Personal Services -............---.....-.-...---....-....I Regular Operating Expenses ,,____--_--_-,,----$ Travel ....................$ Motor Vehicle Equipment Purchases __________.$ Publications and Printing ................................^ Equipment Purchases --.......... _----_--_______.__..$ Per Diem and Fees ...........................................^ Computer Charges ........................... -^ Other Contractual Expense ._.._.......,,.______......._$ Total Funds Budgeted ___............_.___.__-......____.$ State Funds Budgeted .....-____.___.----__.___.....$ Total Positions Budgeted

371,000 145,490
4,600 4,000 1,000 --0-- 11,200 --0--
300 537,590 500,000
34

Budget Unit Object Classes:
Personal Services ........... J^, Regular Operating Expenses ___._.___..__.______,,___.$ Travel ......_.,,__.._.__-.........-._.__.-.--...----..---$ Motor Vehicle Equipment Purchases ._______._._$ Publications and Printing ._...___,,....----__,,...--..$ Equipment Purchases .................... ^ Per Diem and Fees -_..........____.._..-.-.-__..__--$ Computer Charges ......_.__._._.-_--...--.--._.-....----$ Other Contractual Expense .._.._.._._.__........___.__..$ Total Positions Budgeted

5,931,374 1,282,902
235,500 43,000
5,070 36,600 64,026 --0-- 3,900
548

D. Budget Unit: Board of Pardons and Paroles .-........._..-._._.-..........-..__.__..---_____-.-$ 1,675,094

Board of Pardons and Paroles Budget: Personal Services ...........-...............$ 1,471,000

THURSDAY, FEBRUARY 26, 1976

1627

Regular Operating Expenses ........_____._.___.._...$ Travel ............................... ...^ Motor Vehicle Equipment Purchases ..._.._.___.$ Publications and Printing -.____..----------.........$ Equipment Purchases _,,____.__..__...------------_--.$ Per Diem and Fees ._____...______._.....-......_-.._________.$ Computer Charges ......................$ Other Contractual Expense ._.__--------___--_--_$ Total Funds Budgeted .______.___.,,_......_.....___.__..__.$ State Funds Budgeted ._.____._._._._..__............_..._..$ Total Positions Budgeted

110,294 78,000
--0-- 3,200 1,400
11,200 --0-- --0-- 1,675,094 1,675,094
122

Budget Unit Object Classes:

Personal Services ..-......_-...,,._..__---___-_-___.____.-..$

Regular Operating Expenses _.-..--__.--__--_-______$

Travel ----____,,,,...-------$

Motor Vehicle Equipment Purchases ._.____.___.$

Publications and Printing --.,,---------------$

Equipment Purchases

. - -$

Per Diem and Fees ................................... .....^

Computer Charges ____________________,,--------------$

Other Contractual Expense ...._,,_____..___..__.___.__.$

Total Positions Budgeted

1,471,000 110,294 78,000 --0-- 3,200 1,400 11,200 --0-- --0-- - 122

Section 31. Department of Public Safety.
Budget Unit: Department of Public Safety .____._._____-- -- _-----.-- $

23,760,278

1. Office of Highway Safety Budget:

Personal Services ___.___._______._.___._____.___.-_-_-_..$

Regular Operating Expenses ._.......--.----__.--$

Travel ..................................................... ^

Motor Vehicle Equipment Purchases .__.___..__.$

Publications and Printing .......... .................^

Equipment Purchases -------.--------------$

Per Diem and Fees ,,.-----$

Computer Charges

.......................^

Other Contractual Expense _.~ --.--_------.--.$

Total Funds Budgeted ___.___.__...._...-__-_--........$

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

Total Positions Budgeted

2. Commissioner's Office Budget:

Personal Services --__----_------.-,,--------------$

Regular Operating Expenses .....__..__...............^

Travel .

. ...^

^

Motor Vehicle Equipment Purchases ._.....--..$

Publications and Printing ._......._...................._.$

Equipment Purchases ___--._--..,,-----------------$

Per Diem and Fees ...................... ^

Computer Charges ___________________----------------$

Other Contractual Expense ____,,_--_,,_-- ......... $

Total Funds Budgeted .

----. $

257,112 30,300 15,000
--0-- 7,000 2,000 9,200 1,000
--0-- 321,612 --0--
16
385,000 46,259 4,500
--0-- 25,000 3,680 750
--0-- --0-- 465,189

1628

JOURNAL OF THE SENATE,

State Funds Budgeted ....,,_._....__,,__._.......,,...,,$ Total Positions Budgeted

465,189 22

3. Staff Services Budget:

Personal Services ---_,,.....__.._.............._.._........_.$ Regular Operating Expenses ____......__.___.__....$ Travel ----_---_._--____$ Motor Vehicle Equipment Purchases --..-.___.$ Publications and Printing ._..__...........___.___.._....$ Equipment Purchases _______..__..__________________________$ Per Diem and Fees .-....--,,..,,.....-_-___._...........__.$ Computer Charges ___.......-.__,,_,,..........-_..,,__........$ Other Contractual Expense ,,_.____.__............____,,_$ Total Funds Budgeted ___-_-..-_.____...........__.$ State Funds Budgeted __.__.__.__...-_.____________._.,,____$ Total Positions Budgeted

742,000 1,070,548
2,500 --0--
52,400 1,000 3,250
40,000 --0-- 1,911,698 1,911,698
63

4. Georgia State Patrol Budget:

Personal Services -_.............,,..____..............._..$ Regular Operating Expenses -_.___,,-_____.........$ Travel _.___.--.._____._____________.$ Motor Vehicle Equipment Purchases ____________$ Publications and Printing ____________________...._._..___.$ Equipment Purchases ________,,............,,_,,,,,,____________$ Per Diem and Fees ........_._.__-_-..-...-...........__.____$ Computer Charges __._________--____.___-.__-__,,.._,,--__._.$ Other Contractual Expense __.--_.______________________$ Capital Outlay .,,._._._._.,,,,__,,__.,,.___.__,,.$ Convictions Reports ._-..........--__-___._.______..._.-_.$ Total Funds Budgeted _______.,,.............._..._._,,.__.$ Indirect DOAS Services Funding ___.______..........? State Funds Budgeted .___................._,,...-________.$ Total Positions Budgeted

15,910,000 2,127,984
161,178 798,713 760,103 120,000
16,842 1,437,560
--0-- 11,735
164,000 21,508,115
600,000 20,773,606
1,162

5. Mandate Training--Operations Budget:
Personal Services ..............................................I Regular Operating Expenses --------.--_----_$ Travel .....-...-...............$ Motor Vehicle Equipment Purchases __..----..$ Publications and Printing ___.___-_.-__--.____.._-___$ Equipment Purchases ............--..----.--..----._..$ Per Diem and Fees .._-______...._...-........-..,,..--.-...$ Computer Charges ................ ,,_______._-..___._____$ Other Contractual Expense _.._--_--_.,,..,,...........$ Total Funds Budgeted .-..._-.-.-____.-.___-_-....._.__$ State Funds Budgeted _.,,.____,,__-.__,,_.___.____________$ Total Positions Budgeted

265,754 354,139
13,672 --0--
5,993 46,651 3,848 --0-- --0-- 690,057 223,390
17

THURSDAY, FEBRUARY 26, 1976

1629

6. Police Academy:

Personal Services -------------- ..................if

Regular Operating Expenses ----------------.$

Travel ..------

_.-------- __$

Motor Vehicle Equipment Purchases ...------$

Publications and Printing --_--_--------_____._.____$

Equipment Purchases ----.------_------------$

Per Diem and Fees ---------------_----$

Computer Charges ,,--.------------_ ____.$

Other Contractual Expense ------------...------ $

Capital Outlay -- ._----._------..--------$

Total Funds Budgeted ___...__............._....._____.__..$

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

Total Positions Budgeted

290,000 99,923
9,952 16,200
6,980 17,790 30,050 --0-- --0--- --0-- 470,895 386,395
17

Budget Unit Object Classes:

Personal Services ------.------------------$

Regular Operating Expenses _----------------$

Travel --------..----------.------.------ $

Motor Vehicle Equipment Purchases ----_--.$

Publications and Printing --..------------------$

Equipment Purchases ----------------_..___._____..$

Per Diem and Fees _._.___._.._.,,_.------------_--______$

Computer Charges

.------------_------$

Other Contractual Expense _._.___.___._.___.___._______.$

Capital Outlay ------------------------..._------$

Conviction Reports ------------------------__----$

Total Positions Budgeted

17,849,866 3,729,153
206,802 814,913 857,476 191,121
63,940 1,478,560
--0-- 11,735
164,000 1,297

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provincial Police).

Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $ .25 per conviction report.

Provided, however, that of the above appropriation $11,735 is designated and committed to renovate and equip the Rome State Patrol Post.

Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System ..............-..__._._____.._-___-..$
Departmental Operations Budget:
Payments to Employees' Retirement System ....... ......_..__.__..____.__._____..-....,,.-..............$

8,557,180 279,000

1630

JOURNAL OF THE SENATE,

Employer Contributions ..-______._._.____._.._..........$ Total Funds Budgeted ......,,__._.__.__._..___-__.........$ State Funds Budgeted ...,,._$

8,278,180 8,557,180 8,557,180

Budget Unit Object Classes:
Payments to Employees Retirement System _,,.___,,..__,,_..$
Employer Contributions __.___..___.._.._____-_...--....$

279,000 8,278,180

Section 33. Public Service Commission. Budget Unit: Public Service Commission .__...$

2,217,697

1. Administration Budget:
Personal Services .,,_,,,,_.,,$ Regular Operating Expenses _._____._..___._.__..___.$ Travel _.._________._____________,,._._____._____.__________________._.__.$ Motor Vehicle Equipment Purchases --,,--,,..$ Publications and Printing _.__,,_.____,,,,_______________$ Equipment Purchases _________----.--.--,,--__.........__$ Per Diem and Fees ._...___.__..__.___.___________..__._______.$ Computer Charges ..............-.....--.._..-.......____._.$ Other Contractual Expense ._...._._._.___...___..._.__-$ Total Funds Budgeted ___________________.__._____________..$ State Funds Budgeted ...._...._..._...................._.$ Total Positions Budgeted

522,000 31,855 6,500
--0-- 1,250 1,000 4,000
--0-- 100,000 666,605 666,605
27

2. Transportation Budget:

Personal Services

.

.

$

Regular Operating Expenses _._.__...__.__.__.__.._._.$

Travel .....................................------.--------.----$

Motor Vehicle Equipment Purchases __...__.___.$

Publications and Printing .._._._..__.....................$

Equipment Purchases ._.___...--....----------------$

Per Diem and Fees .

$

Computer Charges ______________-------..------.-_---$

Other Contractual Expense --------------------$

Total Funds Budgeted __...._._._._-.-...._-.---$

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

Total Positions Budgeted

530,500 91,986 28,000 --0--
7,000 1,000 1,500 --0-- --0-- 659,986 659,986
42

3. Utilities Budget:
Personal Services .._..._.___.__-___________.._..-_.-...-$ Regular Operating Expenses __......-.............-$ Travel ..____________.___.______-____.__-._____-_...------$ Motor Vehicle Equipment Purchases ____.__,,__.$ Publications and Printing .._.____._.___.._._.._........_.$ Equipment Purchases ________,,--------------------$ Per Diem and Fees .._.-._....-.-__.-.-------$ Computer Charges ...,,__..__.,,--------------_----.$ Other Contractual Expense --.................-..,,..--$

765,200 69,106 60,000
--0-- 4,300 2,500 55,000
--0-- --0--

THURSDAY, FEBRUARY 26, 1976

1631

Total Funds Budgeted

_,,.,,,,.,,.$

State Funds Budgeted ___.___..__.__._._._._._.___..........$

Total Positions Budgeted

956,106 891,106
55

Budget Unit Object Classes:
Personal Services .............._.___.___.___..._____._.,,......$ Regular Operating Expenses ________________.........$ Travel .__----------................________.__....-...............$ Motor Vehicle Equipment Purchases ,,,,,,----$ Publications and Printing _._--..,,..,,...__.___________.$ Equipment Purchases ___.------_,,___________-_____._--_$ Per Diem and Fees ,,,,__,,__,,,,,,.,,_______.$ Computer Charges ____,,_,,._.-.,,.__,,,,___,,.,,$ Other Contractual Expense ............___.___.___.___.$ Total Positions Budgeted

1,817,700 192,947 94,500 --0-- 12,550 4,500 60,500 --0-- 100,000 124

Section 34. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions _____............__.___.$ 276,475,407

1. Resident Instruction Budget:

Personal Services __.,,-.--.,,-------$ 250,547,137

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publica

tions and Printing, Per Diem and Fees,

Equipment Purchases, Computer Charges

and Other Contractual Expense .____...........$ 75,893,255

Teachers' Retirement ___.__........_-__.__...._...._._______.$ 19,709,257

Capital Outlay -._.._..-_-...-_._..___._...........______.__..--.$ --0--

Authority Lease Rentals _._......,,____.___.._........__..$ 22,596,000

State of Georgia General

Obligation Debt Sinking Fund ._..___......._..__.$ 2,603,110

Total Funds Budgeted ......_..__.__._._.....,,___.___.___.$ 371,348,759

Indirect DOAS Services Funding ___._.........___.$ 3,500,000

State Funds Budgeted __...-...-.-_.___._._..._.____._-.$ 241,940,759

Total Positions Budgeted

15,761

Provided, that from appropriated funds in A, the amount of $25,199,110 in F.Y. 1977 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.

Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the

1632

JOURNAL OF THE SENATE,

amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provision of the State Con stitution. The Board of Regents shall immediately re port the same to the State Budget authorities for ap proval, whose approval shall be evidenced in writing.

Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution ap plicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or ex penditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original bud get estimate, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives.
Provided, that revenue from student fees which ex ceeds the budget estimates of student fees by $2,000,000 shall not be available for operations; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
Provided, that $250,000 of the funds herein appro priated are designated and committed for converting Kennesaw Junior College to a four-year institution.

Provided, that from the above appropriated amount, $730,000 is specifically appropriated for the purposes of financing a new construction program which con sists of the acquisition of land (if needed) and the con struction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issuance of not to exceed $7,300,000 in principal amount of gen eral obligation debt. Also provided, that of the above $7,300,000 for a construction program, an amount of $1,000,000 is designated and committed for the purpose of construction and equipping a new field house at

THURSDAY, FEBRUARY 26, 1976
Albany State College, and $672,000 is designated and committed for the purpose of purchasing the U. S. Armory property at Augusta College.
2. Marine Resources Extension Center Budget:
Personal Services ___..........._..._____.._........._.........$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equip ment Purchases, Computer Charges and Other Contractual Expense ----.----__.___..-...-..$ Total Funds Budgeted ,,__.___..--,,__,,_____._,,____$ State Funds Budgeted -___._____---.____-__,,.-_____$ Total Positions Budgeted

1633
268,788
119,302 388,090 388,090
25

3. Skidaway Institute of Oceanography Budget:

Personal Services -...--.--..._-.___....._...-.-.-....--.___$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges and Other Contractual Expense ...,,.,,__..$ Total Funds Budgeted .._.,,,,,_._____.______,,.$ State Funds Budgeted -.......-,,-__-..-.-.-._...._....$ Total Positions Budgeted

806,235
758,546 1,564,781
573,781 36

4. Engineering Experiment Station Budget:
Personal Services ______--________-_--__,,-_,,.__-_..$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ............,,,,$ Total Funds Budgeted __._.,,___.---__-______-_.$ State Funds Budgeted _.___.______.___.__-______-___.___..__$ Total Positions Budgeted

6,899,140
2,152,000 9,051,140 2,318,441
201

5. Engineering Extension Division Budget:
Personal Services _,,___,,.________________________________$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ........__.___.$ Total Funds Budgeted -_._______--...................._..$ State Funds Budgeted ...-....._._.--.__-__.__.__...._$ Total Positions Budgeted

781,000
355,262 1,136,262
424,807 66

1634

JOURNAL OP THE SENATE,

6. Agricultural Experiment Stations Budget:
Personal Services ...............................................$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense -------.--.._$ Total Funds Budgeted -._._.-.-..-...-.,,,,..__.__.__-.$ State Funds Budgeted ...,,_____._______._...-_-....___$ Total Positions Budgeted

10,469,976
5,061,338 15,531,314 9,939,593
833

7. Cooperative Extension Service Budget:
Personal Services ....................... ..^.................^ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense ._._._.________$ Total Funds Budgeted --,,_.___.--___.__.----~-.$ State Funds Budgeted ----------.------------.-$ Total Positions Budgeted

14,974,624
2,098,012 17,072,636 8,916,636
936

8. Talmadge Memorial Hospital Budget:
Personal Services ----__--.__.----------_-,,-_$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense --...............$ Total Funds Budgeted __.,,________,,.___________.___-._$ State Funds Budgeted __________________.__-----_$ Total Positions Budgeted

19,413,638
7,672,156 27,085,794 11,723,300
1,873

9. Veterinary Medicine Experiment Station Budget:
Personal Services _,,______-___._..._------__--$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense .___.__________.$ Total Funds Budgeted _____,,_-____.-----_~~$ State Funds Budgeted ............................ ^ Total Positions Budgeted

167,500
82,500 250,000 250,000
15

Budget Unit Object Classes:
Personal Services ..-.-......-...-..---.....-.------.I 304,328,038 Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica-

THURSDAY, FEBRUARY 26, 1976

1635

tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense .----____--$ Teachers' Retirement ...........................4 Capital Outlay ..................................$ Authority Lease Rentals .___--.....-__,,.--..__.....--.$ State of Georgia General Obligation Debt Sinking Fund ---,,......_,,.$ Total Positions Budgeted

94,192,371 19,709,257
--0-- 22,596,000
2,603,110 19,746

B. Budget Unit: Regents Central Office ,,...,,._.....$
Regents Central Office Budget:
Personal Services ..........................................$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense _,,.--__.__.__,,.$ SREB Payments .........................$ Medical Scholarships ................................4 Regents Scholarships -___-________--_--__.__--__--__..$ Grants to Junior Colleges ................ .........^ Total Funds Budgeted ...................................$ State Funds Budgeted _._.__,,.-- .....--_........j Total Positions Budgeted

7,837,885
1,727,389
345,846 1,019,650
345,000 200,000 4,200,000 7,837,885 7,837,885
98

Budget Unit Object Classes:
Personal Services ..............................^........$ Regular Operating Expenses, Travel, Motor
Vehicle Equipment Purchases, Publica tions and Printing, Per Diem and Fees, Equipment Purchases, Computer Charges, and Other Contractual Expense _--_....--..$ SREB Payments ................................ .^ Medical Scholarships ....................................^ Regents Scholarships -----------,,----,,-$ Grants to Junior Colleges .............................-$ Total Positions Budgeted

1,727,389
345,846 1,019,650
345,000 200,000 4,200,000
98

Section 35. Department of Revenue.
Budget Unit: Department of Revenue ...._____..$
1. Executive Administrative Budget:
Personal Services ____----------------------$ County Tax Officials/Retirement
and FICA ...........................................$ Regular Operating Expenses ----------------$ Travel _-_,,.------------------------$ Motor Vehicle Equipment Purchases --,,_._.? Publications and Printing ......__.___..___,,,,,,,,_____-$ Equipment Purchases .....................--_----,,-$ Per Diem and Fees ............................-^

18,448,531
621,000
450,000 350,400
7,400 --0-- 111,200
5,000 18,000

1636

JOURNAL OF THE SENATE,

Computer Charges .__----------..__-,,-----..........$ Other Contractual Expense --..............,,...__..___$ Total Funds Budgeted -----.,,__,,_.,,.__-.$ Indirect DOAS Services Funding .-..........._..$ State Funds Budgeted ____.______,,___________.._.._________$ Total Positions Budgeted
2. Internal Administration Budget:
Personal Services ___-___-_------_________,,______-__,,___$ Regular Operating Expenses ,,__._____.__............$ Travel --_-_____.___________..__$ Motor Vehicle Equipment Purchases ._----._,,$ Publications and Printing --._____,,______.,,--___.___$ Equipment Purchases _.__------,,_____-.--------_-__.$ Per Diem and Fees -_____------______,,_,,______--___.$ Computer Charges ----_......-......,,_____-........_...$ Other Contractual Expense _--___.._.-.--...,,_--___$ Total Funds Budgeted _______-__-,,..........._____._-....$ Indirect DOAS Services Funding ___..........___.$ State Funds Budgeted ........,,_..___-............___.....$ Total Positions Budgeted

35,000 --0-- 1,598,000
25,000 1,573,000
40
2,390,000 760,631 1,000 --0-- 2,300 --0-- --0-- 55,700 --0--
3,209,631 45,000
3,164,631 254

3. Property Tax Budget:
Personal Services ..-.-..--,,----.--.--.._--,,----_..$ Regular Operating Expenses ._________.._.--..,,.__.$ Travel _______,,_________.________.__$ Motor Vehicle Equipment Purchases .--_--___$ Publications and Printing .,,_______.........._.,,___._..$ Equipment Purchases ___-__.--._....._,,.____-----._...$ Per Diem and Fees ____-_______-___,,_.____,,_______._______._$ Computer Charges -........-________---.....-_____.-......$ Other Contractual Expense --..,,.,,_.__--__.,,...--_..$ Loans to Counties/Property Reevaluation ,,____..,, -_.,,.,, ----,,$ Grants to Counties/Appraisal Staff ._........,...$ Intangible Tax Equalization Fund ,,--------_.$ Total Funds Budgeted ....._____._..-.....-_.__.....-.__.$ Repayment of Loans to
Counties/Property Revaluation ___._.....____._..$ Indirect DOAS Services Funding ......___.___.....$ State Funds Budgeted -......____-........____..-.-__.$ Total Positions Budgeted

744,000 29,931 44,500 --0-- 77,400 2,573 46,000 800,000 --0--
171,596 1,250,000
--0-- 3,166,000
171,596 800,000 2,194,404
58

In addition, there is hereby appropriated the amount of such repayment of county tax evaluation loans as may be made by such counties during the fiscal year in such amounts and for the same purpose as originally appropriated but not to exceed $171,596 in F.Y. 1977. Such amount shall be available for further tax evalua
tion loans to counties.

Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangi-

THURSDAY, FEBRUARY 26, 1976

1637

ble Tax Equalization Fund provided for in an Act ap
proved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.

4. Sales Taxation Budget:

Personal Services .................................. ...^

Regular Operating Expenses --------------$

Travel

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

Motor Vehicle Equipment Purchases _,,__._.._,,$

Publications and Printing .............................$

Equipment Purchases ----------_,,----------$

Per Diem and Fees ___--_--.______-----___----_$

Computer Charges ..............................^

Other Contractual Expense _----------------$

Total Funds Budgeted __.____-_,,_____.____-___.___.,,-$

Indirect DOAS Services Funding ..,,,,,,.._.......$

State Funds Budgeted ------_----._________.______.$

Total Positions Budgeted

5. Motor Fuel Taxation Budget:
Personal Services ...........................................$ Regular Operating Expenses ----------------$ Travel .......................................................$ Motor Vehicle Equipment Purchases .--.,,__,,$ Publications and Printing ___,,____--------------$ Equipment Purchases __--..--.............................$ Per Diem and Fees ------------------------_--.% Computer Charges ----_----______------------$ Other Contractual Expense ...........................^ Total Funds Budgeted ..........................^ Indirect DOAS Services Funding ,,,,__.___________.$ State Funds Budgeted ................................^ Total Positions Budgeted

6. Income Taxation Budget:
Personal Services ----------------_----_------$ Regular Operating Expenses _...--..-_--__~--$ Travel -----------__----- $ Motor Vehicle Equipment Purchases ......--...% Publications and Printing --------_------------$ Equipment Purchases ------------------------$ Per Diem and Fees ------_.--_------,,------$ Computer Charges _____.._------__------.--$ Other Contractual Expense -._.__.._.._--------$ Total Funds Budgeted .............. ..^, Indirect DOAS Services Funding .......... % State Funds Budgeted .................-.-....^ Total Positions Budgeted

7. Alcohol and Tobacco Taxation Budget:
Personal Services .......... ...^.......... ..........$ Regular Operating Expenses ----__..----------$

766,165 75,980
2,320 --0--
55,200 3,500 --0-- 415,000 --0-- 1,318,165 415,000 903,165
73
382,000 9,250 1,750
--0-- 45,000
--0-- --0-- 101,000 --0-- 539,000 101,000 438,000
35
1,334,000 174,150 2,400 --0-- 237,450 --0-- --0--
1,500,000 --0--
3,248,000 1,500,000 1,748,000
115
1,625,000 189,537

1638

JOURNAL OF THE SENATE,

Travel ------_,,___._._____._.$ Motor Vehicle Equipment Purchases __..__.._._.$ Publications and Printing .__.__.__.__,,_...._,,........$ Equipment Purchases . . . . ................^ Per Diem and Fees .__-___..__.___.__.____,,..................$ Computer Charges ...............................^ Other Contractual Expense ..............................$ Total Funds Budgeted .....................................^ Indirect DOAS Services Funding ,,..___...._..._..$ State Funds Budgeted ....................................^ Total Positions Budgeted
8. Motor Vehicle Registration Budget:
Personal Services ............................... ....^ Regular Operating Expenses ..........................$ Travel _,,-. --.__________.__.._,,,,_______.___.__,,$ Motor Vehicle Equipment Purchases .----____$ Publications and Printing ....__,,.._..._.._..$ Equipment Purchases ...........-............................$ Per Diem and Fees .__.____._...--...........__.___.._-........$ Computer Charges ...............................$ Other Contractual Expense --.___________,,_----___$ Total Funds Budgeted ......-.,,___,,............._-_-....$ Indirect DOAS Services Funding .__...___.........$ State Funds Budgeted .......................... ^ Total Positions Budgeted
9. Central Audit Budget:
Personal Services ............................................$ Regular Operating Expenses ...................... ^ Travel ----__-_---.---_..---$ Motor Vehicle Equipment Purchases _----._..$ Publications and Printing ...............................^ Equipment Purchases --_------_._--.------------.$ Per Diem and Fees .......................--.......$ Computer Charges .......................................$ Other Contractual Expense ........................^....^ Total Funds Budgeted ...... ^^.............. ^ State Funds Budgeted ......................--...$ Total Positions Budgeted
10. Field Audit Services Budget:
Personal Services ................................. .^ Regular Operating Expenses .....__,,----.----....$ Travel .._--....._...............----..---------- $ Motor Vehicle Equipment Purchases -_.....___.$ Publications and Printing .,,--........._.----.----..$ Equipment Purchases .........--.....----.--....----^ Per Diem and Fees __................................. ^ Computer Charges ..........................................^ Other Contractual Expense ..............................$ Total Funds Budgeted -.-..---......-..-...--.-I State Fund Budgeted ...........................$ Total Positions Budgeted

30,953 82,800 11,000 2,710 5,000 48,000 --0-- 1,995,000 25,000 1,965,500
114
132,000 272,756
4,000 --0-- 286,244
23,000 --0-- 1,594,000 --0-- 2,312,000 1,590,000 722,000
8
1,292,000 21,958 257,177 4,200 1,200
--0-- --0--
1,500 --0-- 1,578,035 1,578,035
78
3,067,796 195,350 196,000 --0-- 9,400 10,450 3,000 6,800 --0--
3,488,796 3,488,796
245

THURSDAY, FEBRUARY 26, 1976

1639

11. Motor Vehicle Tag Purchases Budget:
Motor Vehicle Tag Purchases ----_--_--_.______$ Motor Vehicle Decal Purchases .__.__.___-_____._$ Total Funds Budgeted -__._____________.___.__.-.$ State Funds Budgeted -__-_-______.________________$ Total Positions Budgeted

390,000 283,000 673,000 673,000
0

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $390,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the pro duction of at least 600,000 regular or bicentennial 1976 motor vehicle tags, and for this purpose only.

Any such contract may provide for partial, ad vance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal year.

Budget Unit Object Classes:
Personal Services _______.___________---______$ County Tax Officials/Retirement
and FICA _______________________________$ Regular Operating Expenses _-_____________$ Travel ._______.___________-.________________$ Motor Vehicle Equipment Purchases ._____._$ Publications and Printing ________.___________$ Equipment Purchases ___--_-._--.------_----_$ Per Diem and Fees _________________________$ Computer Charges ,,_______-__--______..._____$ Other Contractual Expense --._--_--------_____$ Loans to Counties/Property Reevaluation _$ Grants to Counties/Appraisal Staff _____.. | Motor Vehicle Tag Purchases _--___________$ Motor Vehicle Decal Purchases ___..______$ Intangible Tax Equalization Fund ________$ Total Positions Budgeted

12,353,961
450,000 2,079,943
547,500 87,000 836,394 47,233 72,000 4,557,000 --0-- 171,596 1,250,000 390,000 283,000 --0--
1,020

Section 36. Secretary of State.
A. Budget Unit: Secretary of State ___.._________.$
1. Occupational Certification Budget:
Personal Services ______________.____-___$ Regular Operating Expenses ____________--__$ Travel ___________________..______________.___..$ Motor Vehicle Equipment Purchases --____$ Publications and Printing ___________________$ Equipment Purchases ___----___------___----___.$ Per Diem and Fees ._______________________--$

6,194,099
1,256,000 336,664 106,004 --0-- 24,968 9,500 330,000

1640

JOURNAL OF THE SENATE,

Computer Charges ..................... ..^ .... $ Other Contractual Expense ----_.,,....._.,,...........$ Total Funds Budgeted -_.___-__..-___...,,.._._._......__.$ State Funds Budgeted .....-- .......................$ Total Positions Budgeted

14,000 --0-- 2,077,136 2,077,136
113

2. Securities Regulation Budget:
Personal Services .........................................$ Regular Operating Expenses ..........................$ Travel ..................................................................I Motor Vehicle Equipment Purchases ...,,.......$ Publications and Printing .........,,................._.,,.$ Equipment Purchases _,,.----_._____________________,,__$ Per Diem and Fees .-.-........................$ Computer Charges ------,,---,,,__.,,,,.__,,_.__--.$ Other Contractual Expense ............................^ Total Funds Budgeted ----._____._._._,,__..__,,_._.$ State Funds Budgeted ................................... ^ Total Positions Budgeted

214,000
10,015 13,500
--0-- 2,500 1,200
--0-- --0-- --0-- 241,215 241,215
14

3. Corporations Regulation Budget:
Personal Services --....-......---..-.....-.-........-......I Regular Operating Expenses .......................^ Travel ...........................................$ Motor Vehicle Equipment Purchases _._.........$ Publications and Printing ....-_._._._,,.............___$ Equipment Purchases .......-....................--....$ Per Diem and Fees ..................................$ Computer Charges ................................-- ^ Other Contractual Expense __,,,,_,,._,,__.-_.___-_-$ Total Funds Budgeted ........................$ State Funds Budgeted ............$ Total Positions Budgeted
4. Pharmacy Regulation Budget:
Personal Services ............................... .^ Regular Operating Expenses _...........-.....----.$ Travel ^.....................-................--..................... ^ Motor Vehicle Equipment Purchases --.--.--.$ Publications and Printing ._--___--_------,,_----$ Equipment Purchases .......................-- -.........$ Per Diem and Fees .......................-...,..$ Computer Charges ---~--------...--__--_--_--.---$ Other Contractual Expense ..................... ^ Total Funds Budgeted .......................$ State Funds Budgeted ............. ...^ Total Positions Budgeted

228,428 19,552 5,700
--0-- 2,900 1,872
--0-- --0--
30,000 288,452 288,452
21
210,000 5,753 31,000
--0-- 300 100
--0-- --0-- --0-- 247,153 247,153
12

5. Archives and Records Budget:
Personal Services ____.....-------_..,,.--_..----_---$ Regular Operating Expenses -_--.____--__-------$ Travel ...............................--............... ........^

1,121,000 103,629 12,573

THURSDAY, FEBRUARY 26, 1976
Motor Vehicle Equipment Purchases ____.$ Publications and Printing ----__-____----_------$ Equipment Purchases -____----------____--$ Per Diem and Fees ____------.___--------_..____..$ Computer Charges ------____------_--------.$ Other Contractual Expense .__----------------.$ Authority Lease Rentals __.----_-______----------$ Total Funds Budgeted _______--------_----.$ State Funds Budgeted ------______-____--------___..$ Total Positions Budgeted

1641
--0-- 17,707 5,000
--0-- --0-- --0'-- 815,000' 2,074,909 2,074,909
91

6. General Services Budget:
Personal Services .______.___--------------___------.$ Regular Operating Expenses _------------____.$ Travel ___.__.______------.--------.---------------. $ Motor Vehicle Equipment Purchases __________,,$ Publications and Printing --_--------------__..,,_.$ Equipment Purchases _----------------------$ Per Diem and Fees ------------__----------------$ Computer Charges _____----------____--$ Other Contractual Expense __----_----------$ Total Funds Budgeted _______-------------- $ State Funds Budgeted ----_________-_____----$ Total Positions Budgeted

436,000 55,186 8,216
--0--- 25,000 3,310 2,500
--0*-- --0-- 530,212 530,212
34

7. Internal Administration Budget.:
Personal Services ________.______--------------------$ Regular Operating Expenses ___--------------$ Travel __-----_-------------________----------------$ Motor Vehicle Equipment Purchases ,,_,,______$ Publications and Printing ______------------.$ Equipment Purchases --------------------_._,,--$ Per Diem and Fees __. ------------............._..._...$ Computer Charges __________.____.__,,----------------$ Other Contractual Expense ___.----------------$ Total Funds Budgeted ......--.-.__-_._.,,-,,_,,..$ State Funds Budgeted ,,__..........-.....--...--.$ Total Positions Budgeted

420,000 46,577
6,000 --0 --
62,876 1,000 --0--
--0-- --0-- 536,453 536,453
29

8. Bicentennial Commission Budget:
Personal Services .....-....-......-....--.--.----.---I Regular Operating Expenses ,,---------.------$ Travel ._-....-..-..._...-............._---------$ Motor Vehicle Equipment Purchases .___._,,____$ Publications and Printing ,,_.._._--------_--_.--.$ Equipment Purchases --------------------_--$ Per Diem and Fees __,,__..__.___--,,--------_....--$ Computer Charges ----------------------_._$ Other Contractual Expense ,,,,_--------__-$ Grant to Hardaway High School Band _.._.$ Total Funds Budgeted ,,___.._,,----------------$ State Funds Budgeted ------------------------.? Total Positions Budgeted

67,147 19,345
4,000 --0--
4,000 --0-- --0-- --0-- --0--
15,000 109,492 109,492
8

1642

JOURNAL OF THE SENATE,

9. State Ethics Commission
Personal Services --_____________.___________________-___,,____$ Regular Operating Expenses --_---------_--__.__$ Travel .-_____-__-_-_________..____.__.____________________$ Motor Vehicle Equipment Purchases .--________$ Publications and Printing ________ ___--_---________.$ Equipment Purchases ____.__.______.____________.,,._..,,._,,$ Per Diem and Fees _______.___.________________._________.$ Computer Charges _--_-_-________-------_________$ Other Contractual Expense ___._______.___.________.$ Total Funds Budgeted ---------_____.___$ State Funds Budgeted _._..,,__._.._..._..__...._._$ Total Positions Budgeted

49,000 18,577 9,000 --0--- 6,000
6,500
89,077 89,077
3

Budget Unit Object Classes:
Personal Services --_________._____.._.___----_--________$ Regular Operating Expenses ...._.......________._.___$ Travel ___-_-----_--_-___--__-.___$ Motor Vehicle Equipment Purchases ______----$ Publications and Printing ______._________.__-_-_________$ Equipment Purchases ______._--------------____...__-$ Per Diem and Fees ____.__.___.___.__..__ -._.---____._.__$ Computer Charges ___.__..___-___.__------.___.__$ Other Contractual Expense ........... ___..........$ Authority Lease Rentals -___.__._____________.._____.._,,.$ Grant to Hardaway High School Band __..__.$ Total Positions Budgeted

4,001,575 615,298 195,993 --0-- 146,251 21,982 339,000 14,000 30,000 815,000
15,000 325

Provided, that of the above appropriation relating to the Secretary of State, $30,000 of the amount bud geted to the object class Other Contractual Expense in the Corporations Regulation Budget is designated and committed for legal fees for dissolution of defunct
corporations.

Provided, however, that of the above appropriation, $15,000 is designated and committed for transportation and lodging for the Hardaway High School Band in
Allentown, Pennsylvania.

B. Budget Unit: State Building Administrative Board ______________ ___-_____.___...__.__.$
State Building Administrative Board Budget:
Personal Services _________,,_________._______,,-.--______-$ Regular Operating Expenses --...._,,----......--$ Travel ____._-________.___.-._-___.___________.-_.-_.---..--..$ Motor Vehicle Equipment Purchases _________._$ Publications and Printing ___._______.__-___.__-________.$ Equipment Purchases __------_------------------_$ Per Diem and Fees ___.___.._________.__-___._--_______._$ Computer Charges ___.___.__________________-.-__-__-_________$ Other Contractual Expense --_-__----------._--$

90,741
71,677 4,564 5,000 --0-- 3,000 3,000 3,500 --0-- --0--

THURSDAY, FEBRUARY 26, 1976

1643

Total Funds Budgeted .__......,,_........._._......__,,$ State Funds Budgeted ...._,,._..__._.._..._...........$ Total Positions Budgeted

90,741 90,741
6

Budget Unit Object Classes:
Personal Services ... ..-....---____.-.--..,,.......--._--_.$ Regular Operating Expenses -.._._.____,,_--._______.$ Travel ___._~_____..__--__..______-_____.____--___________,,__.$ Motor Vehicle Equipment Purchases _,,----__$ Publications and Printing ..._--__._......__.........$ Equipment Purchases ._,,_..._._----_..._--_......$ Per Diem and Fees -_--______--,,.,,--___,,_________.$ Computer Charges --_--________--_--_--____-----_$ Other Contractual Expense -_--._..----_--._..$ Total Positions Budgeted

Section 37. State Scholarship Commission. Budget Unit: State Scholarship Commission .__.$ 10,095,601

1. Internal Administration Activity Budget:
Personal Services ...........................................I Regular Operating Expenses --__----_----___$ Travel ___________________________________________ $ Motor Vehicle Equipment Purchases --------$ Publications and Printing ...____.____...._..--.._,,__.$ Equipment Purchases ____.......--_--_.___-_-.----$ Per Diem and Fees -,,-------_----_----_._.$ Computer Charges ----_-,,--_----_$ Other Contractual Expense --_-___--_____---_.$ Total Funds Budgeted __._................_.._....._..$ State Funds Budgeted _........-...-__,,,,_..--.$
Total Positions Budgeted

627,097 156,454 20,000 --0--
4,000 306,350
4,200
25,000
15,300
1,158,401
358,401
51

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees --__,,____--~__f Total Funds Budgeted _________.----_.___---$ State Funds Budgeted _____,,__________,,_-__,,..--__.$ Total Positions Budgeted

404,500 404,500 220,500
0

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans __.,,_._-_--____...-_._.$ Tuition Equalization Grants _...-,,_..,,...-.........$ State Student Incentive Scholarships .____..$ Total Funds Budgeted _______._,,__..__________----$ State Funds Budgeted .-.......-.--.--.-----I Total Positions Budgeted

1,935,000' 6,400,000 1,919,700 10-,254,700 9,504,700
0

1644

JOURNAL OP THE SENATE,

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships _______,,_______________________,,_____._,,_______.$
Total Funds Budgeted -..................___-..__........$ State Funds Budgeted -.._.___.__.,,_.,,__.___.$ Total Positions Budgeted

12,000 12,000' 12,000
0

Budget Unit Object Classes:
Personal Services -------._-.___._.___--________,,,,-_____.$ Regular Operating Expenses ----_.,,___--_--,,__.$ Travel -_..-------.___._.______.______$ Motor Vehicle Equipment Purchases ----......$ Publications and Printing ___.,,,,_._,,_____.,,,,._____$ Equipment Purchases --_--__.__--.,,_____------_____.$ Per Diem and Fees ...........-.___---.........-.._,,.--...$ Computer Charges _._.._--..........._..__--_____....___._.$ Other Contractual Expense -----____..,,__--.--__.$ Payment of Interest and Fees _-__---___,,.--._,,.$ Direct Guaranteed Loans ____.___________,,______.___._.$ Tuition Equalization Grants .,,___,,___........ $ State Student Incentive Scholarships ___________.$ Law Enforcement Personnel
Dependents Scholarships ..............................I Total Positions Budgeted

627,097 156,454 20,000 --0--
4,000 306,350
4,200 25,000 15,300 404,500 1,935,000 6,400,000 1,919,700
12,000 51

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the pur pose of providing stipends for training, recruitment and counselor personnel in health career fields.
Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not less than $1,224,000 is designated and committed for the purpose of providing loans under the guaranteed stu dent loan program to students in paramedical, pro fessional and educational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of employment approved by the Scholarship Com mission as provided for in Ga. Laws 1965, p. 210, as amended.
Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $12,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.
Provided, that from the above appropriation $6,400,000 is designated and committed to provide $400

THURSDAY, FEBRUARY 26, 1976
Tuition Equalization Grants to Freshmen, Sophomores, Juniors and Seniors attending private colleges as pro vided in Ga. Laws 1971, p. 906, as amended.

Provided, that the above appropriated amount relative to Student Incentive Scholarships is designated and committed solely for the purpose of providing needsbased scholarships to first-year, second-year and to third-year undergraduate students as provided by applicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholar ship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institu tions of higher education, nor to students for summer period study in other post-secondary educational institu tions unless summer period study is part of the typical academic year of such institution.

Section 38. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee _,,.......,,___._-..-....___$

Soil and Water Conservation Central Office Budget:

Personal Services -,,,,____,,,,_.____________._ $

Regular Operating Expenses _,,_.._.--..__..,,--.$

Travel

--------- $

Motor Vehicle Equipment Purchases --_----_.$

Publications and Printing -- ----------------$

Equipment Purchases -----_------,,----------$

Per Diem and Fees ------------.--------$

Computer Charges ___.___......._.___._......--.---,,_-.$

Other Contractual Expense ------------.$

Total Funds Budgeted ----____.----._________,,__--$

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

Total Positions Budgeted

Budget Unit Object Classes:
Personal Services ----------------------------$ Regular Operating Expenses __----------$ Travel --------------- -----------------$ Motor Vehicle Equipment Purchases ------$ Publications and Printing ------_------_------$

1645
360,000
159,400' 50,610 25,400 --0-- 11,873 3,487 92,230 --0-- 17,000 360,000 360,000
11
159,400 50,610 25,400 --0'-- 11,873

1646

JOURNAL OF THE SENATE,

Equipment Purchases ..--___,,.. Per Diem and Fees ___.--......,,. Computer Charges ........,,____. Other Contractual Expense Total Positions Budgeted

3,487 92,230 --0--
17,000 11

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System

980,000

Departmental Operations Budget:
Personal Services __.......-_,,...__._.....,,.,,._...,,__.___.$ Regular Operating Expenses -----.....-..__..---.$ Travel -.-.,,._-...-..-__-.-_..........,,__..._....___..._...,,..__.$ Motor Vehicle Equipment Purchases ___--_,,_.$ Publications and Printing ,,___._____,,______.__,,________$ Equipment Purchases ---_.------__--------_..----$ Per Diem and Fees ..._.__-.......___._-_.......,,____.....-$ Computer Charges .___-..._....._._........__.......,,.--.$ Other Contractual Expense _--,,_--_,,_____----_$ Floor Fund for Local Retirement Systems .__.$ Total Funds Budgeted .,,,,_.__,, ___._.______.._$ State Funds Budgeted -_...,,.,,-.....-___..-....___.-..$ Total Positions Budgeted

507,326 51,870 10,000
--0-- 10,000 6,500 65,000
192,500 --0-- 980,000 1,823,196 980,000
40

Budget Unit Object Classes:
Personal Services .-.-.____-...-._.._......-,,.........___..$ Regular Operating Expenses __....__----,,------.$ Travel ,,_-_.________-.____-__-__.-____-___----____-_____-.--$ Motor Vehicle Equipment Purchases ...,,_----$ Publications and Printing .......__.....,,..__.,,.___.__$ Equipment Purchases -..,,._____--...__...--_,,.----,,$ Per Diem and Fees .....-__.......-___...._-...__._-.-$ Computer Charges -,,-------.--$ Other Contractual Expense ,,_____-----------$ Floor Fund for Local Retirement Systems ~..$ Total Positions Budgeted

507,326 51,870 10,000
--0-- 10,000 6,500 65,000 192,500
--0-- 980,000
40

Section 40. Department of Transportation. Budget Unit: Department of Transportation ..$ 252,069,991

1. Planning and Construction Budget:
Personal Services _--------_------,,----_----. Regular Operating Expenses _....._...._.__--,,. Travel ._....___-......,,......___........___-......_---..____Motor Vehicle Equipment Purchases .....__.. Publications and Printing ___-_______---,,___--,, Equipment Purchases .__--.--.__,,------.--,,-- Per Diem and Fees ..----..--...--.,,___,,...,,_....,, Computer Charges ...----...----_...._----...---- Other Contractual Expense _,,___....--_....._. Capital Outlay ---.....-.,,-----------__,,-----.-..--

51,626,068 4,152,627 1,295,053
--0--
245,100 67,750 422,000
--0--
2,481,000 198,699,352

THURSDAY, FEBRUARY 26, 1976

1647

State of Georgia General Obligation

Debt Sinking Fund ___.._............__....... ._.......$ 16,000,000

Total Funds Budgeted ......_......_.............._....._$ 274,988,950

State Funds Budgeted ___________________________$ 116,786,305

Total Positions Budgeted

3,600

2. Maintenance and Betterments Budget:
Personal Services -_,,__.___--__.______-_.._____.._______.$ Regular Operating Expenses ................_...$ Travel __,,.--_______..__._________,,____________..___$ Motor Vehicle Equipment Purchases ---,,----$ Publications and Printing .___--_-,,_-_----_.____--_$ Equipment Purchases ______^ ________.__________.______$ Per Diem and Fees ._...._......__..._______._.______$ Computer Charges .._............._.........................$ Other Contractual Expense ______........._._.______.} Capital Outlay ....._,,._..........._,,......._........_....$ State of Georgia General Obligation
Debt Sinking Fund ........__............$ Total Funds Budgeted -_....__.-__..,,..-___-......-.$ State Funds Budgeted _____......_..-....-,,_...,,...____.$ Total Positions Budgeted

30,907,306 21,223,367
206,960 --O1--
6,910 --0-- --0-- --0-- 907,725 16,768,936
1,700,000 71,721,204 70,771,204
3,551

3. Authorities Budget:
Authority Lease Rentals _______..____......___....._$ State of Georgia General Obligation
Debt Sinking Fund ............................$ Total Funds Budgeted __________...........$ State Funds Budgeted ___............................$

27,343,961
3,780,762 31,124,723 31,124,723

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases ....,,_,,._.$ Equipment Purchases --_...-..._._...-_,,..-_..__$ Capital Outlay ___..........................._..................^ Total Funds Budgeted ____--___--_--.--.____..$ State Funds Budgeted ____.___.........................$

2,300,000 736,911 384,000
3,420,911 3,220,000

5. Assistance to Counties Budget:
Grants to Counties ....................... ......^ Total Funds Budgeted ---...-...-__.--.--..__-$ State Funds Budgeted --___,,,,____.___.--_--___-.|

9,317,013 9,317,013 9,317,013

6. Administration Budget:
Personal Services _-.-._.--_..._--..-.._----_._--.$ Regular Operating Expenses ......----...--_--..$ Travel ._..__......_______._______..._. ............_........$ Motor Vehicle Equipment Purchases _.._.._-$ Publications and Printing ____......_.._.____............^ Equipment Purchases _--._.__----_._....__.--..$ Per Diem and Fees ____.______--._.._-_--._.$ Computer Charges __._.....___..........._..........._$

5,139,156 2,555,236
100,000 --0^ , 302,000 --0-- 229,500 1,389,863

1648

JOURNAL OF THE SENATE,

Other Contractual Expense -_.--_--____--_.----$ Total Funds Budgeted _._____.__._______.___.$ State Funds Budgeted -...-.-----____..-......$ Total Positions Budgeted

165,000 9,880,755 9,880,755
321

Appropriation of State funds in the foregoing Department of Transportation budgets shall be in conformity with and pursuant to Article VII, Section IX, Paragraph IV of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the im mediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the im mediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.

Provided, however, that objects for Activities fi nanced by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, Tollways Facilities and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.

For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.

For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and sur veys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by

THURSDAY, FEBRUARY 26, 1976

1649

existing Federal Statute of Federal-State 90-10 proj ects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and con stitutionally appropriated to the Department of Trans portation.

For lease rental obligations of the Department of Transportation to the Georgia Building Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for ap propriations to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Ob ligation debt to finance the construction or reconstruc tion of public roads and bridges approved by the De partment of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically ap propriated to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt in an amount not to exceed $30,000,000 in principal amount to finance a new program for the construction or reconstruction of public roads and
bridges.

For the appropriation of $16,000,000 for the State of Georgia General Obligation Debt Sinking Fund for annual debt service requirements on General Obligation Debt to finance an amount not to exceed $180,000,000 in principal amount for advance construction of inter state highway systems. This appropriation shall be from funds other than the motor fuel tax.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $500,000 is specifically appropriated for a Main tenance and Betterments Resurfacing program through the issuance of not to exceed $5,000,000 in principal amount of General Obligation Debt. This appropriation shall be from funds other than the motor fuel tax.

For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such

1650

JOURNAL OP THE SENATE,

mileage information is furnished by the Department of Transportation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in acccordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the request of the Governor or Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year.

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

Planning and Construction General Obligation Bond Debt Service for Advance Construction of the Interstate System ,,.._________,,______________._______$
Geodetic Control --.....__...._....,,___....,,_.......,,......$

16,000,000 250,000

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria tions of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution.
7. Assistance to Municipalities Budget:
Grants to Municipalities .--_.._--,,..--...,,....--..$ Total Funds Budgeted __-......-.......__.........-......$ State Funds Budgeted --,,_._--.__--.-_____-_._$
For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

9,317,000 9,317,000 9,317,000

Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor

THURSDAY, FEBRUARY 26, 1976

1651

shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

8. Air Transportation Budget:
Personal Services .........................$ Regular Operating Expenses -__.______--__..__.,,___.$ Travel .......................$ Motor Vehicle Equipment Purchases ..,,._.._..$ Publications and Printing ................................$ Equipment Purchases .._.___.__-_....___-__..........._$ Per Diem and Fees ........................... .........^ Computer Charges ............................................$ Other Contractual Expense .,,..__.__.--.--._..__--$ Total Funds Budgeted .__..__.______......_._._.......__$ State Funds Budgeted ___.____....._...__._..._.,,_____..$ Total Positions Budgeted

307,000 297,390
7,500 24,000
200 1,000
500 --0-- --0-- 637,590 412,590
17

9. Inter-Modal Transfer Facilities Budget:
Personal Services ....................... .^ Regular Operating Expenses ___.__._..__,,_____..$ Travel ............ ..^$ Motor Vehicle Equipment Purchases ----....$ Publications and Printing ____._,,._,,_____..._._,,_______$ Equipment Purchases ............................$ Per Diem and Fees ........................$ Computer Charges ___.,,......____.__......____--....,,_,,..$ Other Contractual Expense ............................^ Capital Outlay ,,...__,,,,.___-._.._,,$ Mass Transit Grants ...,,._.___-....,,_..--.....,,--...$ Total Funds Budgeted .......................$ State Funds Budgeted ..................... ..^ Total Positions Budgeted

202,000 11,550 15,000 --0-- 10,000
500
100,000 --0--
75,000 175,000 296,351 885,401 810,401
15

10. Harbor Maintenance Budget:
Harbor Maintenance Payments __--_--_____----$ Total Funds Budgeted .__.__......__._....._.__-........_.$ State Funds Budgeted ___._____-._____--.___,,--$

430,000 430,000 430,000

Budget Unit Object Classes:
Personal Services ..........................$ Regular Operating Expenses __.....,,__..--.....__.$ Travel -..--------.-$ Motor Vehicle Equipment Purchases ._________.$ Publications and Printing ........__-...-____-....._.__...$ Equipment Purchases ..................... .......^

88,181,530 28,240,170
1,624,513 2,324,000
564,210 806,161

1652

JOURNAL OF THE SENATE,

Per Diem and Pees -__.....__...._.__...__......__._..,,____...$ 752,000

Computer Charges .____._________.________.,,___.____,,______.$ 1,389,863

Other Contractual Expense ,,._____,,.______.--_____$ 3,628,725

Capital Outlay ,,,,_.._.,, ..... ,,_.,,...$ 216,027,288

Mass Transit Grants _....__..._.__....___...._.____.._____.$ 296,351

Grants to Municipalities __...._......__.__.....___........$ 9,317,000

Harbor Maintenance Payments .----..__----...$ 430,000

Grants to Counties -....._.. ...__._..._..,,.$ 9,317,013

Authority Lease Rentals ................................I 27,343,961

State of Georgia General

Obligation Debt

Sinking Fund -...._..__..._....$ 21,480,762

Total Positions Budgeted

7,504

For the general administrative expenses of air port development, mass transit planning and develop ment, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.

Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta tion service income as is required to maintain and up grade the quality of its equipment.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 12% % of an individual air port project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transporta tion is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.

Provided, that the entire amount of the above allocation for harbor maintenance payments is desig nated and committed for payment for harbor main tenance at Savannah.

Provided, that of the appropriation relative to Capital Outlay, $123,651 in State funds is designated and committed for matching Federal and local funds to provide $989,212 in improvements to Clarke County Municipal Airport.

Provided, further, that the Department of Trans portation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the cost-of-living adjustment contemplated in this Act, subject only to approval by the Office of Planning and Budget prior to the effec tive date of the pay increase authorized in Section 43.

THURSDAY, FEBRUARY 26, 1976

1653

Provided, that of the above appropriation relative to Capital Outlay, $330,000 is designated and committed for final engineering and planning the Harry S. Truman Parkway.

Provided, that of the above appropriation relative to Capital Outlay, $50,000 is designated and committed for improvements at the Dalton-Whitfield County Air port.

Provided, that of the above appropriation related to Per Diem and Fees, $100,000 is designated and com mitted for Rail Facilities Planning.

Section 41. Department of Veterans Service.

Budget Unit: Department of Veterans Service ...-.............-...--..--..........-.--....--.-......I 6,258,217

1. Veterans Assistance Budget:

Personal Services ..._______........_.___...___..........__.___.$

Regular Operating Expenses _-_--.,,,,.,,______--.$

Travel

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

Motor Vehicle Equipment Purchases ......_.,,..$

Publications and Printing _,,________.___..________,,.$

Equipment Purchases .....--,,_.___._.....,,____-----$

Per Diem and Fees ___.___._.,,.__,,$

Computer Charges --,,,,--------__.__--------,,__--$

Other Contractual Expense ,,_.._..,,..-.--_..___.--.$

Grants to Confederate Widows ...._.___..........$

Total Funds Budgeted ....___.___..-...-____........._____.$

State Funds Budgeted _____.____,,____________.__________.$

Total Positions Budgeted

1,897,847 146,347 64,547 --0-- 20,000 5,400 8,800 150
--0--
17,186
2,160,277
1,903,651
171

2. Veterans Home and Nursing Facility-- Milledgeville Budget:

Operating Expenses/Payments to

Central State Hospital ....____.....,,___-,,....._..$

Other Contractual Expense .--.----.----....----$

Total Funds Budgeted ......_-_._......___-_......,,___-.$

State Funds Budgeted

_.. -- -$

3,877,344 --0--
3,877,344 2,974,894

3. Veterans Nursing Home-- Augusta Budget:
Operating Expense/Payments to Medical College of Georgia .....__.._........_.___.__$
Other Contractual Expense _____,,--,,--____--_.--$ Total Funds Budgeted --,,,,.$ State Funds Budgeted .._..__......___._......_-_.__....__..$

1,762,872 --0--
1,762,872 1,379,672

1654

JOURNAL OF THE SENATE,

Budget Unit Object Classes:
Personal Services .......................................$ Regular Operating Expenses --_._.--,,--_--,,__$ Travel ............................... ^, Motor Vehicle Equipment Purchases _----_.--$ Publications and Printing ................................$ Equipment Purchases .............................. ..^ Per Diem and Fees .........................................^ Computer Charges ....................................$ Other Contractual Expense ............................$ Grants to Confederate Widows -_.._...,,._......__..$ Operating Expense/Payments to
Central State Hospital .......................$ Operating Expense/Payments to
Medical College of Georgia ,,_........,,.___.....$ Total Positions Budgeted

1,897,847 146,347 64,547 --0'-- 20,000 5,400 8,800 150 --0-- 17,186
3,877,344
1,762,872 171

Section 42. Workmen's Compensation Board.
Budget Unit: Workmen's Compensation Board .___._.--_._._._____.__.$

1,876,731

1. Workmen's Compensation Administration Budget:
Personal Services __.~......__..._..........................$ Regular Operating Expenses ------------.---$ Travel .__.____.___________.________.__.$ Motor Vehicle Equipment Purchases ..----__.$ Publications and Printing ..............................$ Equipment Purchases ................... ..........^ Per Diem and Fees ................................. .^, Computer Charges ................................. ^ Other Contractual Expense ___.___________------_$
Total Funds Budgeted ____..._.-----.$
State Funds Budgeted .....__.___.-................-__-..$
Total Positions Budgeted

1,422,417 243,761 20,700 --0-- 14,781 3,750 19,200 56,594 --0--
1,781,203
1,781,203
95

2. Vocational Rehabilitation Budget:

Personal Services

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

Regular Operating Expenses ..................$

Travel ....._.....___..........-..,,-__...........-...-.__.___..._$

Motor Vehicle Equipment Purchases ._----___$

Publications and Printing _._._______________-_-____--$

Equipment Purchases ...........................^

Per Diem and Fees _-.-..----.......-.--.--..----.-..$

Computer Charges ........................................^

Other Contractual Expense ..........................$

Total Funds Budgeted ..................... ^

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

Total Positions Budgeted

82,408 4,820 5,700 --0-- 2,000 --0-- --0--
600 --0--
95,528 95,528
6

THURSDAY, FEBRUARY 26, 1976

1655

Budget Unit Object Classes:

Personal Services ...................... ...^ .......$

Regular Operating Expenses .___.__.._--._.--..--_$

Travel

......................... ^$

Motor Vehicle Equipment Purchases .__----_.$

Publications and Printing ...,,_________..___._......_.$

Equipment Purchases ,,_-,,----_.______-_-.--.---..$

Per Diem and Fees ..,,..-_--..____-_-.-.-.-.-.-..-..-...._.$

Computer Charges ...................................^

Other Contractual Expense --...........,,.........,,_$

Total Positions Budgeted

1,504,825 248,581 26,400 --0-- 16,781 3,750 19,200 57,194 --0-- 101

Section 43. In addition to all other appropriations for the fiscal year ending June 30, 1977, $51,157,652 is hereby appropriated to fund a $450 across-the-board salary increase for State employees and certain county employees to be effective July 1, 1976, a seven percent (7%) salary increase for school teachers to be effective September 1, 1976, and an eight and eight-tenths percent (8.8%) salary increase for school bus drivers to be effective September 1, 1976.

Section 44. In addition to all other appropriations for the fiscal year ending June 30, 1977, there is hereby appropriated $2,523,278 to cover an increase in State contributions for Employees' Health Insurance.

Section 45. 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. No whole sale distributor of motor fuel shall be entitled to a re fund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.

Section 46. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds.

Section 47. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services, either directly or in directly.

Section 48. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or

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JOURNAL OP THE SENATE.,

institution of the State sums sufficient to satisfy the
payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1976, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds
appropriated to the department, agency or institution involved, an amount sufficient to satisfy such de ficiency in full and the lease payment constitutes a first charge on all such appropriations.

The General Assembly declares that the sums here by appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.

Section 49. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Gov ernor's recommendations contained in the Budget Report submitted to the General Assembly at the 1976 regular session, except as otherwise specified in this Act; pro vided, however, the Director of the Budget is authorized to make internal transfers within a budget unit be tween objects, programs, and activities subject to the conditions that no funds whatsoever shall be trans ferred for use in initiating or commencing any new program or activity not currently having an appro priation of State funds, nor which would require op erating funds or capital outlay funds beyond fiscal year 1977, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal
Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any depart ment, 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

THURSDAY, FEBRUARY 26, 1976

1657

by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget contain ing any such allocation until such shall be submitted and approved in the same manner and under the same con ditions provided hereinbefore for transfers.
Section 50. Wherever in this Act the term "Bud get Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1977 submitted to the Georgia General Assembly during its 1976 regular session.
Section 51. The Director of the Budget shall determine the appropriations contained in this Act to which the Federal Revenue Sharing Funds contemplated in this Act shall apply. It is the intent of this General Assembly, however, that to the greatest extent feasible, such Federal Revenue Sharing Funds be applied to capital outlay and other items of a nonrecurring nature.
Section 52. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obli gation of the State.

Section 53. TOTAL APPROPRIATIONS F. Y. 1977 ......,,,, ---,,--,,-,,,,-----$ 1,902,800,000.

Section 54. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 55. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McDuffie of the 19th offered the following amendment:
Amend the committee substitute to HB 1350 by making the follow ing language change to Section 16-A relating to Fiscal Year 1976-1977:

By deleting line 34 on Page 52 and lines 1 through 4 on Page 53 and inserting in lieu thereof the following:

"Provided, that Cooperative Educational Service Agencies be reprogrammed to begin a phase out of consultant assistance in the

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JOURNAL OF THE SENATE,

academic areas of science, social studies, math, reading, language arts, and hospital-homebound services to be completed by Septem ber, 1977 at which time emphasis be placed on specialist consultative assistance in the areas of psychometry, psychologist, speech therapy, audiologist, special education, cooperative purchasing, and maintenance repair technicians."

On the adoption of the amendment, Senator Timmons of the llth called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Brantley Coverdell Dean of 31st Doss Pincher Garrard Gillis Hamilton of 26th

Holley Holloway Hudgins Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Russell Starr Stephens Summers Sutton Thompson Traylor Tysinger Warren

Those voting in the negative were Senators:

Banks Bond Brown of 47th Carter Duncan Eldridge Foster

Hamilton of 34th Hill Howard Hudson Kennedy Robinson

Shapard Stumbaugh Tate Timmons Turner Young

Those not voting were Senators:

Broun of 46th (presiding)

Dean of 6th

Langford

On the adoption of the amendment, the yeas were 34, nays 19, and the amendment offered by Senator McDuffie of the 19th to the committee substitute was adopted.

Senator Timmons of the llth offered the following amendment:
Amend the committee substitute to HB 1350 by making the following language change to Section 16-A relating to Fiscal Year 1976-1977:
By deleting line 34 on Page 52 and lines 1 through 4 on Page 53.

On the adoption of the amendment, Senator Timmons of the llth called for the yeas and nays; the call was sustained, and the vote was as follows:

THURSDAY, FEBRUARY 26, 1976

1659

Those voting in the affirmative were Senators:

Banks Barnes Bond Brown of 47th Carter Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Hamilton of 34th Hill Howard Hudson Kennedy Robinson Shapard

Starr Stumbaugh Summers Tate Thompson Timmons Traylor Turner Young

Those voting in the negative were Senators:

Ballard Barker Bell Brantley Coverdell Dean of 6th Gillis Hamilton of 26th Holley

Holloway Hudgins Kidd Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Russell Stephens Sutton Warren

Those not voting were Senators:

Broun of 46th (presiding)

Langf ord

Tysinger

On the adoption of the amendment, the yeas were 28, nays 25, and the amendment offered by Senator Timmons of the llth to the committee substitute was adopted.

Senator Broun of the 46th offered the following amendment:
Amend the committee substitute to HB 1350 by adding the following language to Section 16-A relating to Fiscal Year 1976-1977:
"Provided, that of the above appropriation relating to Coopera tive Educational Service Agencies (CESA) Grants, $500,000 is designated and committed to fund projects approved and awarded on the basis of merit by the Department of Education."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment offered by Senator Broun of the 46th to the committee substitute was adopted.
Senator Thompson of the 32nd offered the following amendment:
Amend the committee substitute to HB 1350 by making the following language change to Section 16-A relating to Fiscal Year 1976-1977:

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JOURNAL OP THE SENATE,

By deleting lines 5 through 15 on Page 49, and inserting in lieu thereof the following:

"Provided, that of the above appropriation relative to Com pensatory Education, $10,246,747 is designated and committed for a compensatory education program for students in grades 1 through 4. Provided, further, these funds shall be distributed based on a parity formula for remedial purposes only."

On the adoption of the amendment, Senator Holley of the 22nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell Brantley Coverdell Dean of 6th Dean of 31st Eldridge

Garrard Gillis Hamilton of 34th Howard Hudson Pearce Reynolds

Russell Stumbaugh Summers Sutton Thompson Timmons Warren

Those voting in the negative were Senators:

Ballard Banks Bond Brown of 47th Carter Doss Pincher Foster Hamilton of 26th Hill

Holley Holloway Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Overby Riley Robinson Shapard Starr Stephens Tate Traylor Turner Young

Those not voting were Senators:

Broun of 46th (presiding)

Duncan Langford

Tysinger

On the adoption of the amendment, the yeas were 22, nays 30, and the amendment offered by Senator Thompson of the 32nd to the committee substitute
was lost.

Senator Ballard of the 45th offered the following amendment:
Amend the committee substitute to HB 1350 by, striking the figure "657,297,314" from line 25 on Page 33 and inserting in lieu thereof the figure "655,505,314"; and by striking the figure "11,835,420" from line 29 on Page 34 and inserting in lieu thereof the figure "10,043,420";

THURSDAY, FEBRUARY 26, 1976

1661

and by striking the figure "374,043,805" from line 10 on Page 35 and inserting in lieu thereof the figure "372,251,805"; and by striking the figure "373,391,811" from line 11 on Page 35 and inserting in lieu thereof the figure "371,599,811"; and by striking the figure "13,324,620" from line 4 on Page 43 and inserting in lieu thereof the figure "12,132,620"; and by striking the figure "980,000" from line 25 on Page 150 and inserting in lieu thereof the figure "2,772,000"; and by striking the figure "1,823,196" from line 5 on Page 151 and inserting in lieu thereof the figure "3,615,196"; and by striking the figure "980,000" from line 6 on Page 151 and inserting in lieu thereof the figure "2,772,000"; and by adding between lines 2 and 3 on Page 151 the following "Employer contributions $1,792,000" and by adding between lines 17 & 18 the following "Employer contributions $1,792,000" and by adding the following language:

"Provided that of the above appropriation relating to employer contributions, $1,792,000 is designated and committed to raise the percentage factor used in retirement benefit calculations de scribed in paragraph (b) of subsection (2) of Section 5 of the Teachers Retirement Act from 1.76 to 1.795."

On the adoption of the amendment, Senator Ballard of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bond Brown of 47th

Dean of 31st Eldridge Fincher Hamilton of 26th Lester

McGill Pearce Russell Summers Tate

Those voting in the negative were Senators:

Banks Bell Brantley Carter Coverdell Dean of 6th Doss Duncan Foster Garrard Gillis Hamilton of 34th
Hill

Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lewis McDowell McDuffie Overby Reynolds Riley

Those not voting were Senators:

Broun of 46th (presiding)

Langford

Robinson Shapard Starr Stephens Stumbaugh Button Thompson Timmons Traylor Turner Warren Young
Tysinger

On the adoption of the amendment, the yeas were 15, nays 38, and the

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JOURNAL OF THE SENATE,

amendment offered by Senator Ballard of the 45th to the committee substitute was lost.

Senator McDowell of the 2nd offered the following amendment:
Amend the committee substitute to HB 1350 by adding to Section 25-B the following language:
"Provided however, the Department is authorized to utilize from funds appropriated for Personal Services a specific amount of funds for the purpose of funding an experimental pilot program for a community detoxification center, half-way house and edu cational program for alcoholics and drug abusers in Chatham County, Georgia. Provided further, such pilot program shall be administered and under the direct supervision of the Commissioner of Human Resources."
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment offered by Senator McDowell of the 2nd to the committee substitute was adopted.
Senator McDowell of the 2nd offered the following amendment:
Amend the committee substitute to HB 1350 by adding the following language to Section 29:
"Provided, that of the above appropriation relative to water and sewer grants, $62,500 is designated and committed for the City of Thunderbolt, Georgia to complete their water and sewer system."

On the adoption of the amendment, the yeas were 6, nays 30, and the amendment offered by Senator McDowell of the 2nd to the committee substitute was lost.
Senator Broun of the 46th offered the following amendment:
Senator Broun of the 46th District moves to amend Senate Committee Substitute to HB 1350 by striking the language from lines 24 through 34 on Page 129 and line 1 on Page 130.
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment offered by Senator Broun of the 46th to the committee substitute was adopted.
Senator Broun of the 46th offered the following amendment:
Amend the committee substitute to HB 1350 by striking the figure "1,256,000" from line 22 on Page 141 and inserting in lieu thereof the

THURSDAY, FEBRUARY 26, 1976

1663

figure "1,321,820"; and by striking the figure "336,664" from line 23 on Page 141 and inserting in lieu thereof the figure "396,664"; and by striking the figure "106,004" from line 24 on Page 141 and inserting in lieu thereof the figure "121,004"; and by striking the figure "330,000" from line 28 on Page 141 and inserting in lieu thereof the figure "240,000".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment offered by Senator Broun of the 46th to the committee substitute was adopted.

The President resumed the Chair.

On the adoption of the substitute, the yeas Were 42, nays 0, and the committee substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Warren Young

Those voting in the negative were Senators:

Eldridge

Sutton

Those not voting were Senators:

Langford

Tysinger

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 52, nays 2.

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

Senator Broun of the 46th moved that HB 1350 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0, and HB 1350 was immediately transmitted to the House.

The President announced that the Senate would stand in recess from 12:55 o'clock P.M. to 2:15 o'clock P.M. today.

The President called the Senate to order.

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

HB 308. By Representatives Snow of the 1st, Buck of the 95th, Lambert of the 112th and others:
A bill to create the Superior Court Judges Retirement System.

The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 308 by striking from the last sentence of Section 39 the word:
"vested", and inserting in lieu thereof the word:
"existing".

Senator Coverdell of the 40th moved that the Senate disagree to the House amendment to the Senate substitute to HB 308.

On the motion, the yeas were 32, nays 0, and the Senate disagreed to the House amendment to the Senate Substitute to HB 308.

Pursuant to a motion made and adopted on February 25, the President appointed a Committee of Conference on the part of the Senate on the following bill of the House:

THURSDAY, FEBRUARY 26, 1976

1665

HB 782. By Representative Greer of the 43rd:
A bill to repeal Ga. Laws 1937, pp. 109, 147, relating to expenses of administering the income tax laws and the submission of annual budget sheets; to repeal Ga. Laws 1959, p. 78 relating to credits against income taxes for payments made to corporations and other organizations organized and operated exclusively for educational purposes.

The President appointed the following: Senators McDowell of the 2nd, Starr of the 44th and Duncan of the 30th.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 673. By Senators Bell of the 5th, Stumbaugh of the 55th, Holloway of the 12th and others:
A bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to change the provisions relating to carrying a concealed weapon; to change the provisions relating to penalties; to provide for exceptions.

The Senate Committee on Economy, Reorganization and Efficiency in Government offered the following substitute to SB 673:
A BILL
To be entitled an Act to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to change the provisions relating to carrying a concealed weapon; to change the provisions relating to penalties; to provide for exceptions; to change the provisions relating to knives and firearms; to change the provisions relating to deadly weapons at public gatherings; to change the provisions relating to the crime of carrying a pistol without a license; to change the penalties for carrying a pistol without a license; to change the provisions, practices, procedures, fees and requirements relative to licenses to carry pistols or revolvers; to provide for forms; to provide that no license shall be granted to certain persons; to provide for other matters relative to the foregoing; to provide an effective date; to provide for continuing licenses in effect which were issued prior to the effective date; to provide for severability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 26-29, relating to crimes involving danger ous instrumentalities and practices, as amended, is hereby amended by striking Code Section 26-2901 in its entirety and inserting in lieu thereof a new Code Section 26-2901, to read as follows:

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"26-2901. Carrying a concealed weapon. A person commits the crime of carrying a concealed weapon when he knowingly has or carries about his person, outside of his home or place of business,
unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm for which he does not have on his person a
valid license under Section 26-2904, knife with a blade three or more inches in length, or any other dangerous or deadly weapon or instrument of like character. Upon conviction of the crime of carrying a concealed weapon, he shall be punished as follows:

(a) for the first offense, he shall be guilty of a misdemeanor and, upon conviction, he shall be punished by imprisonment for not more than one year and may be fined in amount not to exceed $1,000;
(b) for the second offense he shall be guilty of a misdemeanor and, upon conviction, he shall be punished by imprisonment for not less than thirty days and not more than one year and may be fined in an amount not to exceed $1,000;

(c) for the third offense, and for any subsequent offense, he shall be guilty of a felony and, upon conviction, shall be imprisoned for not less than one year and not more than five years.

The provisions of this Section shall not forbid the transporta tion of any firearm by a person who is not among those enumerated as ineligible for a license under Section 26-2904, provided such firearm is enclosed in a case, unloaded, and separated from the ammunition therefor. The provisions of this Section shall not forbid the transportation of a loaded firearm in any private passenger motor vehicle provided that such firearm is not concealed on the person of any occupant of such motor vehicle, unless he also has on his person a valid license issued under Section 26-204; and pro vided further that any loaded firearm so transported in any private passenger motor vehicle shall not be readily accessible to any occupant who may be ineligible to obtain a license under Section 26-2904."
Section 2. Said Code Chapter is further amended by striking the last eight words of Code Section 26-2902 forbidding deadly weapons at public gatherings, and substituting in lieu thereof the words, "with a blade three inches or more in length", so that Section 26-2902 shall read as follows:
"26-2902. Deadly weapons at public gatherings. A person com mits a misdemeanor when he carries to or while at a school or public gathering any explosive compound, firearm, or knife with a blade three inches or more in length."
Section 3. Said Code Chapter is further amended by striking Code Section 26-2903 in its entirety and inserting in lieu thereof a new Code Section 26-2903, to read as follows:
"26-2903. Carrying pistol without license. A person commits the crime of carrying a pistol without a license when he has or

THURSDAY, FEBRUARY 26, 1976

1667

carries on or about his person, outside of his home, motor vehicle or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides. Upon conviction of the crime of carrying a pistol without a license, he shall be punished as follows:

(a) for the first offense, he shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than one year and may be fined in amount not to exceed $1,000;
(b) for the second offense he shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not less than thirty days and not more than one year and may be fined in an amount not to exceed $1,000;

(c) for the third offense, and for any subsequent offense, he shall be guilty of a felony and, upon conviction, shall be imprisoned for not less than one year nor more than five years."

Section 4. Said Code Chapter is further amended by striking Code Section 26-2904 in its entirety and inserting in lieu thereof a new Code Section 26-2904, to read as follows:

"26-2904. License to carry pistol or revolver, (a) The judge of the probate court of each county may, on application under oath and on payment of a fee of fifteen dollars, issue a license, either in term time or during vacation, valid for a period of three years, to residents of that county, authorizing them to carry any pistol or revolver. Applicants shall submit the application for a license to the judge of the probate court on forms prescribed and furnished free of charge to such persons wishing to apply for the license. Forms shall be designed to elicit information from the applicant pertinent to his eligibility under this Section, but shall not require nonpertinent nor irrelevant data such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Act. Such forms shall be furnished to each judge of each probate court within the State at no cost. No license shall be granted to

(1) any person under eighteen years of age;

(2) any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor or violation of Sections 26-2901, 26-2902 or 26-2903 of this Chapter until such time as the case is adjudicated; and

(3) any person who has been convicted of a forcible felony and has not been free of all restraint or supervision in connection therewith for at least ten years, or any person who has been con victed of a forcible misdemeanor or a nonforcible felony and has not been free of all restraint or supervision in connection therewith for at least five years, or any person who has been convicted of a

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JOURNAL OF THE SENATE,

violation of Sections 26-2901, 26-2902 or 26-2903 of this Chapter and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application.
If an individual has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within two years of the date of his application it shall be at the discretion of the probate judge considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient to issue the pistol carrying license. Following completion of the application the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then make one set of classifiable fingerprints of such applicant for a license to carry a pistol or revolver, and shall also place the fingerprint required by subsection (d) on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court and shall place the name of the applicant on such blank license form. No fee shall be charged by the sheriff's department or law enforcement agency for this service.

(b) Each law enforcement agency, upon receiving such ap plications and obtaining such fingerprints, shall promptly conduct a thorough search of their records and records to which they have access, and shall notify the judge of the probate court within 20 days, by telephone and in writing, of any derogatory findings re lating to the applicant which may bear on his eligibility for a license under the terms of this Section. When no derogatory in formation is found on the applicant bearing on his eligibility to obtain a license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than thirty days after the date of the application the judge of the probate court shall issue the applicant a license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge de termines the applicant has met all the qualifications and has complied with all the requirements contained herein.

(c) If at any time during the validity period of the license, the judge of the probate court of the county wherein said license was issued shall learn or have brought to his attention in any manner any reasonable ground to believe the licensee is not eligible to retain the said license, the judge shall, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Sections 26-2901, 26-2902, or 26-2903. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of their official duties, shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a

THURSDAY, FEBRUARY 26, 1976

1669

misdemeanor. It shall be required that any license holder under this Section shall have in his possession his valid license whenever he is carrying a pistol or revolver under the authority granted by this Section, and his failure to do so shall be prima facie evidence of a violation of Section 26-2903. Loss of any license issued in accord with this Section, or damage to such license in any manner, shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall issue a replacement for, and shall take custody of, and destroy, a damaged license; he shall issue a cancellation order and notify by telephone and in writing each of the law en forcement agencies whose records were checked before issuance, in any case in which a license is lost, after which he shall issue a replacement to the licensee. A fee of three dollars shall be charged by the judge for such services.

(d) Licenses issued as prescribed in this Section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3% inches long, and 2% inches wide. Each shall be serially numbered within the county of issuance, and shall bear the full name, actual residence address, birthdate, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used, but shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, the probate court in which issued, and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated."

Section 5. This Act shall apply to all licenses to carry a pistol issued or renewed on and after July 1, 1976. Any such licenses issued before such date, which are valid, are hereby continued in force and effect until the date of their expiration as shown on such licenses.
Section 6. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, 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 un constitutional were not originally a part hereof. The General Assembly hereby 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 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE SENATE,

Senator Sutton of the 9th offered the following amendment:

Amend the substitute offered by the Senate Committee on Economy, Reorganization and Efficiency in Government to SB 673 by striking on Page 2, line 5, the word "three" and inserting in lieu thereof the word "five" and by striking on Page 3, line 12 the word "three" and insert ing in lieu thereof the word "five".

Senator Sutton of the 9th moved that the amendment offered by him to the committee substitute be withdrawn.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the amendment was withdrawn.

Senator Sutton of the 9th offered the following amendment:
Amend the substitute offered by the Senate Committee on Economy, Reorganization and Efficiency in Government to SB 673 by striking on Page 2, line 4, the Mlowing: "knife with a blade"
and striking on line 5 "three or more inches in length"
and inserting in lieu thereof the following:
"knife designed for the purpose of offense and defense"; and by striking on Page 3, line 6 the following: "with a blade three" and by striking on Page 3 line 7 the following:
"inches or more in length"
and inserting in lieu thereof the following:
"designed for the purpose of offense and defense".

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment was adopted.
Senator Fincher of the 54th offered the following amendment:
Amend the substitute offered by the Senate Committee on Economy, Reorganization and Efficiency in Government by striking the word "fifteen" on Page 4, line 15 and inserting in lieu thereof the word "five".

On the adoption of the amendment, Senator Fincher of the 54th called for the yeas and nays; the call was sustained, and the vote was as follows:

THURSDAY, FEBRUARY 26, 1976

1671

Those voting in the affirmative were Senators:

Barnes Dean of 6th Doss Fincher

Hamilton of 34th Holloway Hudson Overby

Summers Sutton Turner

Those voting in the negative were Senators:

Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Cover dell Dean of 31st Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Holley Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Tysinger Warren
Young

Those not voting were Senators:

Ballard

Langford

Russell

On the adoption of the amendment, the yeas were 11, nays 42, and the amendment was lost.

Senator Bell of the 5th offered the following amendment:
Amend the substitute offered by the Senate Committee on Economy, Reorganization and Efficiency in Government to SB 673 by striking on Page 4, line 2, the word "fixed" and inserting in lieu thereof the word "fined".

On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

Senator Hudgins of the 15th offered the following amendment:
Amend the substitute offered by the Senate Committee on Economy, Reorganization and Efficiency in Government to SB 673 by deleting on Page 3, line 24, the "." following the word "resides" and inserting in lieu thereof the words:
"provided that no permit shall be required for persons with a valid hunting license on their person who are engaged in legal hunting or sport shooting when said persons have the permission

1672

JOURNAL OF THE SENATE,

of the owner of the land on which said activities are being con ducted, and further provided that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner."

On the adoption of the amendment, the yeas were 48, nays 0, and the amend ment was adopted.
Senator Robinson of the 27th offered the following amendment:
Amend the substitute offered by the Senate Committee on Economy, Reorganization and Efficiency in Government to SB 673 as follows:
(1) On lines 11 and 16 of Page 2 strike the words "one year" and insert in lieu thereof "twelve months".
(2) Striking the language beginning on line 23 of Page 2 and ending with line 1 on Page 3, and inserting in lieu thereof the following:
"The provisions of this Section shall not forbid:
(a) the transportation of any firearm by a person eligible for a pistol license under Section 26-2904 provided that such firearm is enclosed in a case, unloaded and separated from the ammunition therefor.
(b) the transportation of a loaded firearm in a motor vehicle provided that such firearm is not concealed either on the person of any occupant of such motor vehicle or within the passenger com partment of said motor vehicle except in a glove compartment.
Nor shall the provisions of this Section apply to any person having on his person a valid license issued pursuant to Section 26-2904 having or carrying on or about his person a pistol or re volver in a standard commercially manufactured holster or which is in a briefcase or purse."
Senator Robinson of the 27th moved that the amendment offered by him to the committee substitute be withdrawn.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the amend ment offered by Senator Robinson of the 27th to the committee substitute was withdrawn.
Senator Shapard of the 28th offered the following amendment:
Amend the substitute offered by the Senate Committee on Economy, Reorganization and Efficiency in Government to SB 673 on Page 5, line 22, by striking the word "two" and inserting in lieu thereof the word "five".

THURSDAY, FEBRUARY 26, 1976

1673

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 45, nays 1, and the substitute was adopted as amended.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Dean of 6th Eldridge

Hamilton of 34th Hudson

Summers

Those not voting were Senators:

Ballard

Langford

Tate

On the passage of the bill, the yeas were 48, nays 5.

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

Senator Bell of the 5th moved that SB 673 be immediately transmitted to the House.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 29, nays 1; the motion prevailed, and SB 673 was immediately transmitted to the House.

The following bills of the Senate and House were taken up for the purpose of considering House action thereto:

HB 1009. By Representatives Beckham of the 89th, Sams of the 90th and Calhoun of the 88th:
A bill to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide gov ernment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County".

Senator Holley of the 22nd moved that the Senate amendment to HB 1009 be adhered to and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate amendment to HB 1009 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Holley of the 22nd, Lester of the 23rd and Hudgins of the 15th.

SB 464. By Senators Kidd of the 25th, Fincher of the 54th, Hudson of the 35th and others:
A bill to amend Code Title 3, so as to add a new Code Chapter relating to limitations of actions for medical malpractice; to provide for limita tions relative to certain actions.

The House amendments were as follows:
1. Amend SB 464 on line 8, Page 2, by placing a period after the word "occurred" and by striking the words "or within two years after the negligent or wrongful act or omission is discovered".
2. Amend SB 464 by changing the period on line 9, Page 2, to a semi-colon and adding thereafter the following:
"provided that concealment by the practitioner who committed the negligent or wrongful act shall toll the running of the two year period of limitation so long as such concealment continues."

Senator Kidd of the 25th moved that the Senate disagree to the House amendments to SB 464.

THURSDAY, FEBRUARY 26, 1976

1675

On the motion, the yeas were 29, nays 0, and the Senate disagreed to the House amendments to SB 464.

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 627. By Senators Starr of the 44th and Riley of the 1st: A bill to amend an Act known as the "Jekyll Island-State Park Author ity Act", as amended, so as to provide for the granting of franchises to utility companies; to provide that the power granted shall not be in derogation of other powers of the Authority.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Those voting in the negative were Senators:

Hudgins

Robinson

Pearce Reynolds Riley Russell Shapard Starr Stephens Summers
Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Ballard Broun of 46th

Howard Langford

Stumbaugh Young

On the passage of the bill, the yeas were 48, nays 2.

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

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JOURNAL OP THE SENATE,

SB 661. By Senators Turner of the 8th and Reynolds of the 48th:
A bill to amend Code Section 95A-922, relating to application for permits for the control of outdoor advertising, as amended, so as to change the provisions relating to applications for permits; 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Eldridge
Foster
Garrard
Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy
Kidd
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Summers
Sutton
Tate
Thompson
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Ballard Brown of 47th Duncan

Fincher Howard Langford

Robinson Timmons

On the passage of the bill, the yeas were 48, nays 0.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

THURSDAY, FEBRUARY 26, 1976

1677

HB 1944. By Representatives Evans o|f the 99th, Pinkston of the 100th, Russell of the 64th and others:
A bill to amend an Act relating to cigar and cigarette taxes so as to repeal provisions prohibiting cigars and cigarettes from being sold below cost price; to provide an effective date.

The following general bills and resolutions of the Senate and House, favor ably reported by the committees, were read the third time and put upon their passage:

SB 667. By Senator Pearce of the 16th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", as amended, so as to provide for the mailing or delivery of certifi cates of title to the commissioner for cancellation on all vehicles which were manufactured less than five years prior to the then current model year.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Brantley
Broun of 46th Carter 'Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Hamilton of 26th
Hill

Holley Holloway
Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson
Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Young

Voting in the negative were Senators Bond and Warren.

Those not voting were Senators:

Ballard Banks Barker Bell

Brown of 47th Gills Hamilton of 34th Howard

Langford Starr Timmons

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 43, nays 2.

The bill, having received the requisite constitutional majority, was passed.
SB 671. By Senator Pearce of the 16th: A bill to amend Code Chapter 88-17, relative to vital records, as amended, so as to provide for birth certificates for adopted persons born outside of the United States; to provide for procedures and requirements relative thereto; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Ballard Bell Bond Brantley

Hamilton of 34th Holley Howard Langford

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Warren Young
McDowell Timmons Tysinger

On the passage of the bill, the yeas were 45, nays 0.

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

THURSDAY, FEBRUARY 26, 1976

1679

SR 362. By Senators Russell of the 10th and Timmons of the llth:

A RESOLUTION
Proposing an amendment to the Constitution so as to exempt the real and personal property of historical societies from all ad valorem taxation for State, county, municipal and school purposes; 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 IV of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby exempt from all ad valorem taxation for State, county, municipal and school purposes all real and personal property of historical societies within this State. As used in this paragraph, historical societies shall include only those nonprofit organizations which gather and compile histories, records, books, documents or other pertinent information relative to the history of the State, counties, municipalities or the citizens thereof. The exemption granted within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in a historical society within this State."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
" ( ) YES Shall the Constitution be amended so as to exempt real and personal property belonging to historical societies
( ) NO from all ad valorem taxation for State, county, mu nicipal and school purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

1680

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Banks Barnes Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Gillis

Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Warren Young

Voting in the negative were Senators Coverdell and Garrard.

Those not voting were Senators:

Ballard Barker Bell Hamilton of 34th

Holley Holloway Langford McDowell

Starr Timmons Tysinger

On the adoption of the resolution, the yeas were 43, nays 2.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HB 1601. By Representatives Lambert of the 112th, and Carlisle and Mostiler of the 71st:
Senate Sponsor: Senator Kidd of the 25th.
A bill to provide for the orderly transition of the law enforcement power of the several counties of this State upon the expiration of the term of office of the Sheriff and the taking of office of a newly elected Sheriff; to provide for a comprehensive training course for the Sheriffs of the several counties of this State who are newly elected.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 26, 1976

1681

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Dean of 6th and Tate.

Those not voting were Senators:

Ballard

Howard

Langford

On the passage of the bill, the yeas were 51, nays 2.

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

HB 681. By Representative Holmes of the 39th: Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Section 34-609 relating to the form of registra tion cards so as to change the provisions relative to the form of the registration card.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Eldridge Fincher Foster Garrard Gillis

1682
Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester Lewis

JOURNAL OF THE SENATE,

McDowell McDuffie McGill Overby Reynolds Riley Robinson -. Russell Shapard Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Duncan

Howard Langford

Pearce Timmons

On the passage of the bill, the yeas were 50, nays 0.

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

HB 986. By Representative Wood of the 9th: Senate Sponsor: Senator Starr of the 44th.
A bill to amend Code Chapter 56-19, relating to fraternal benefit societies, so as to permit such societies to compute certificate reserves on any table made applicable to life insurance companies.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

THURSDAY, FEBRUARY 26, 1976

1683

Voting in negative was Senator Dean of 6th:

Those not voting were Senators:

Ballard Broun of 46th Duncan

Howard Langf ord

Russell Timmons

On the passage of the bill, the ayes were 48, nays 1.

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

HB 1216. By Representatives Nix, Harrison and Edwards of the 20th and others: Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend Code Section 68A-706, relative to overtaking and passing a school bus, so as to provide that after stopping to allow children to disembark from the bus, it shall be unlawful for the driver of the school bus to proceed until all children who need to cross the roadway have done so safely.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Pincher Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds

Those not voting were Senators:

Ballard Brantley

Brown of 47th Duncan

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Tate Thompson Traylor Turner Tysinger Warren Young
Hill Howard

1684
Hudgins Hudson Langford

JOURNAL OP THE SENATE,

Pearce Russell

Sutton Timmons

On the passage of the bill, the ayes were 43, nays 0.

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

HB 1229. By Representatives Walker of the 115th, Lambert of the 112th, Culpepper of the 98th and others:
Senate Sponsor: Senator Barnes of the 33rd.
A bill to amend Code Chapter 69-3, relating to powers, duties and liabilities of municipal corporations in general, as amended, so as to provide for practices, procedures, requirements and qualifications for the sale of property of municipal corporations.

The Senate Committee on Judiciary offered the following amendment:
Amend HB 1229 by adding on Page 3, line 2, Section 1, at the end, the following sentence:
"Provided, however, nothing herein shall prevent a municipality from trading or swapping property with another property owner, if said trade or swap is deemed to be in the best interest of the municipality."

On the adoption of the amendment, the yeas were 31, nays 2, and the amend ment was adopted.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hill Holley Hudson Kennedy Kidd

Lester Lewis McDuffie Overby Reynolds
Robinson Shapard Starr Stephens Stumbaugh

THURSDAY, FEBRUARY 26, 1976

1685

Summers Button Tate

Thompson Traylor Turner

Tysinger Warren

Those voting in the negative were Senators:

Dean of 6th

McDowell

Riley

Those not voting were Senators:

Ballard Brantley Duncan Hamilton of 34th Holloway

Howard Hudgins Langford McGill

Pearce Russell Timmons Young

On the passage of the bill, the yeas were 40, nays 3.

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

HB 1311. By Representatives Murphy of the 18th, Burruss and Kreeger of the 21st and others: Senate Sponsor: Senator Dean of the 31st.
A bill to amend an Act relating to the exemption of property from taxation so as to provide that public property which is owned by a political subdivision and which is situated outside the territorial limits of the political subdivision shall not be exempt from ad valorem taxa tion.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss

Eldridge Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Kennedy Kidd

Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Shapard Starr Summers Sutton

1686
Tate Thompson Timmons

JOURNAL OF THE SENATE,

Traylor Turner Tysinger

Warren Young

Those voting in the negative were Senators:

Garrard

Hudson

Stephens

Those not voting were Senators:

Ballard Dean of 6th Duncan

Howard Langford Pearce

Robinson Russell Stumbaugh

On the passage of the bill, the ayes were 44, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HB 1376. By Representatives Logan of the 62nd, Matthews of the 63rd and Knight of the 67th: Senate Sponsor: Senator Barnes of the 33rd. A bill to amend an Act to create, provide and require a comprehensive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State so as to provide that the Chief Appraiser shall be an ex officio nonvoting member of the board of tax assessors in all counties.
Senator Barnes of the 33rd moved that HB 1376 be postponed until February 27.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1376 was postponed until February 27.

Senator Barnes moved that the Senate reconsider its action in postponing HB 1376 until February 27.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1376 was reconsidered and put upon its passage.

Senator Langford of the 51st offered the following substitute to HB 1376:
A BILL
To be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing the procedure for a

THURSDAY, FEBRUARY 26, 1976

1687

review of assessments made by county boards of tax assessors and providing for county boards of equalization, approved April 6, 1972 (Ga. Laws 1972, p. 1094), as amended, so as to change the qualifications for members of county boards of equalization; to provide that certain persons shall be ineligible to serve as members or alternate members of county boards of equalization; to amend Code Section 92-6905, re lating to qualifications of members of county boards of tax assessors, as amended, so as to provide that certain persons shall be ineligible to serve as members of county boards of tax assessors; to amend an Act creating, providing and requiring a comprehensive uniform State wide system for gathering information to be used as the basis for more uniform taxation of property within this State, approved April 6, 1972 (Ga. Laws 1972, p. 1104), so as to change the provisions relating to the chief appraiser; to repeal conflicting laws; and for other pur
poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act comprehensively and exhaustively revising, superseding and modernizing the procedure for a review of assess ments made by county boards of tax assessors and providing for county boards of equalization, approved April 6, 1972 (Ga. Laws 1972, p. 1094), as amended, is hereby amended by adding at the end of sub section (B) of Section 2 of said Act the following:

"No member of the county board of tax assessors or any employee thereof nor any county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization.",

so that when so amended, Section 2 of said Act shall read as follows:

"Section 2. Qualifications. (A) No person shall serve as a member of the county board of equalization unless he shall meet the qualifications under Subsection (B).

(B) Qualifications. Each person qualified, competent and compellable to serve as grand jurors who is an owner of real prop erty and who is a high school graduate or more shall be qualified, competent and compellable to serve as members or alternate mem bers of the county board of equalization. No person shall be com petent to serve as a member or alternate member of the county board of equalization who is exempt from jury duty under Section 59-112 of the Georgia Code of 1933. No member of the county board of tax assessors or any employee thereof nor any county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization."

Section 2. Code Section 92-6905, relating to qualifications of mem bers of county boards of tax assessors, as amended, is hereby amended by adding at the end of said Code Section a new subsection (h), to read as follows:

1688

JOURNAL OP THE SENATE,

"(h) No person who is a county tax appraiser shall be eligible to serve as a member of the county board of tax assessors."

Section 3. An Act creating, providing and requiring a comprehen sive uniform Statewide system for gathering information to be used as the basis for more uniform taxation of property within this State, approved April 6, 1972 (Ga. Laws 1972, p. 1104), is hereby amended by striking from Section 6 the following:

"The Chief Appraiser shall be a member of the board of tax as sessors in all counties except Class I counties.",

so that when so amended, Section 6 of said Act shall read as follows:

"Section 6. Chief Appraiser--An Appraiser IV, or an Ap praiser III in those counties not having an Appraiser IV, shall be designated by the Board of Appraisers as the Chief Appraiser. The Chief Appraiser shall be responsible for the operation and func tioning of the County Property Appraisal Staff, for certifying and signing documents prepared by the Staff, and for implementing such procedures deemed necessary for the efficient operation of the Staff. He may appoint an assistant and may delegate his authority in writing to the assistant.

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

On the adoption of the substitute, the yeas were 38, nays 0, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan

Eldridge Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester

Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh

THURSDAY, FEBRUARY 26, 1976

1689

Summers Sutton Tate

Thompson Timmons Traylor

Turner Tysinger Warren

Those not voting were Senators:

Ballard Foster

Howard Langford

Young

On the passage of the bill, the yeas were 51, nays 0.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the chair.
HB 1456. By Representative McDonald of the 12th: Senate Sponsor: Senator Barker of the 18th.
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide for the appointment, demotion, and suspen sion of officers, troopers, communications officers, and driver license examiners of 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton of 26th Hill Holley Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley

Those not voting were Senators:

Ballard Dean of 31st Foster Hamilton of 34th

Holloway (presiding) Howard Hudgins

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Langford Pearce Russell

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JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1480. By Representatives Lambert of the 112th, Carlisle of the 71st, Bolster of the 30th and others:
Senate Sponsor: Senator Duncan of the 30th.
A bill to amend an Act known as the "Georgia Retailers' and Consum ers' Sales and Use Tax Act", so as to exempt from the tax imposed by said Act the sale or use of machines and equipment which are to be used directly in the conversion of solar energy for certain purposes and are to be attached to certain types of property.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton of 26th Hill Holley Hudgins Hudson Kennedy Kidd
Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Ballard Brantley Foster Hamilton of 34th

Holloway (presiding) Howard Langford

Reynolds Riley Robinson Russell Shapard Starr Stephens Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
Stumbaugh Summers Young

On the passage of the bill, the ayes were 46, nays 0.

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

The President resumed the Chair.

THURSDAY, FEBRUARY 26, 1976

1691

HB 1548. By Representatives Smith of the 78th and Jessup of the 117th: Senate Sponsor: Senator Banks of the 17th.
A bill to repeal an Act relating to the sale of used motor vehicles by nonresidents; 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Ballard Brown of 47th Fincher

Foster Howard Langford

Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Young
Stephens Summers Warren

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1572. By Representatives Shanahan of the 7th and Pinkston of the 100th: Senate Sponsor: Senator Duncan of the 30th.
A bill to amend an Act entitled "An Act to Classify Property for Taxation", approved Dec. 27, 1937, as amended, so as to provide for the taxation of franchises and all shares of certain financial institutions and moneyed capital in the hands of individual citizens.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1692

JOURNAL OF THE SENATE,

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Garrard

Gillis Hamilton of 34th Hill Holley Holloway Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Ballard Fincher Foster

Hamilton of 26th Howard Hudgins

Langford Stumbaugh Warren

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1582. By Representatives Jordan of the 58th, Adams of the 36th, Russell of the 53rd and others: Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Tran sit Authority Act of 1965" so as to change the public meeting require ments.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bell

Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell

THURSDAY, FEBRUARY 26, 1976

1693

Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard Gillis Hamilton of 34th Hill Holley Holloway Hudgins

Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson

Russell Shapard Starr Stephens Summers Sutton Tate Thompson Traylor Turner Tysinger Young

Those not voting were Senators:

Ballard Banks Duncan Foster

Hamilton of 26th. Howard Langford Pearce

Stumbaugh Timmons Warren

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1602. By Representatives Lambert of the 112th and Carlisle of the 71st: Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act known as the "Executive Reorganization Act of 1972" as amended so as to authorize the Governor to direct and imple ment such internal reorganization of the Department of Human Re sources as he may find necessary to improve the management and ad ministration of the functions assigned to the Department.
Senator Gillis of the 20th offered the following amendment:
Amend HB 1602 by inserting in the title on line 12, Page 1 after the word and semicolon "expire;" the following:
"to require any plan of reorganization to provide for a county Department of Family and Children Services, a county Board of Family and Children Services and a county Director of Family and Children Services in each county of this State; to provide that each county director shall be the executive officer of the county depart ment who shall be responsible for operations and personnel; to pro vide that each county Board of Family and Children Services shall have certain powers, duties and other requirements;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By adding a new Section 2 to read as follows:
"Section 2. Said Act is further amended by adding at the end of Section 1202 the following:

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JOURNAL OF THE SENATE,

'Any other provisions of this Section to the contrary notwith standing, any such reorganization plan shall provide for a county Department of Family and Children Services, a county Board of Family and Children Services, and a county Director of Family and Children Services in each county of this State. The county director shall be the executive officer of the county department who shall be responsible for operations and personnel. In addition to such other powers and authorities which may be delegated to county Departments of Family and Children Services, each county Board and Director of Family and Children Services shall have the same powers, duties and bond requirements as provided in Sections 10, 11 and 12 of an Act approved February 26, 1937 (Ga. Laws 1937, p. 355), as now or hereafter amended.' "

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Ballard Foster

Garrard Howard

Hudson Langford

On the passage of the bill, the yeas were 49, nays 1.

THURSDAY, FEBRUARY 26, 1976

1695

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

HB 1671. By Representatives Castleberry of the lllth, Ware of the 68th, Peters of the 2nd and others: Senator Sponsor: Senator Doss of the 52nd.
A bill to amend Code Title 56, relating to insurance, as amended, so as to change the provisions relating to the collection and disposition of fees, taxes and funds; to provide for refunds and credits; to provide for time limits.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester McDowell McDuffie Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Bond Foster

Garrard Howard Langford

Lewis McGill Stumbaugh

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1692. By Representative Pinkston of the 100th: Senate Sponsor: Senator Duncan of the 30th.
A bill to amend Code Title 41A, relating to financial institutions and known as the "Financial Institutions Code of Georgia" so as to simplify

1696

JOURNAL OF THE SENATE,

procedures relating to receivership proceedings involving financial institutions with assets of not more than $150,000.00.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Garrard Gillis Hamilton of 26th Hill Holley Holloway Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Ballard Foster Hamilton of 34th

Howard Hudson Langford

Stumbaugh Warren

On the passage of the bill, the yeas were 48, nays 0.

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

HB 1783. By Representatives Pinkston of the 100th and Logan of the 62nd: Senate Sponsor: Senator Broun of the 46th.
A bill to amend an Act establishing the Georgia Higher Education Assistance Corporation so as to change the amount of premium that may be charged for insurance on loans guaranteed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

THURSDAY, FEBRUARY 26, 1976

1697

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Gillis Hamilton of 26th

Hamilton of 34th
Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester McDowell McDuffie McGill
Overby Pearce Riley

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Duncan Fincher Foster

Garrard Howard Langford

Lewis Reynolds Robinson

On the passage of the bill, the yeas were 46, nays 0.

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

HB 1822. By Representatives Howell of the 140th and Hawkins of the 50th: Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Section 34-1107, relating to the number of ballots to be printed, so as to provide that the superintendent shall provide for the number of ballots equal to the number of registered electors in each election district; 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond

Brantley Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge Fincher Gillis

1698
Hamilton of 26th Hamilton of 3'4th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester Lewis

JOURNAL OF THE SENATE,

McDowell McDuffie McGill Overby Pearce Reynolds Riley Russell Shapard Starr Stumbaugh

Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Broun of 46th Duncan

Foster Garrard Howard

Langford Robinson Stephens

On the passage of the bill, the yeas were 47, nays 0.

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

HR 598. By Representative Harris of the 8th: Senate Sponsor: Senator Dean of the 31st.
A resolution authorizing the conveyance of certain real property located in Bartow County, Georgia.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Hudgins Hudson Kennedy Kidd Lester Lewis

McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers

THURSDAY, FEBRUARY 26, 1976

1699

Sutton Tate Thompson

Timmons Traylor Turner

Tysinger Young

Those not voting were Senators:

Ballard Duncan Foster

Holley Holloway Howard

Langford Stephens Warren

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 672. By Representative McDonald of the 12th: Senate Sponsor: Senator Overby of the 49th.
A resolution authorizing the conveyance of certain State-owned real property located within Jackson County to the City of Jefferson; au thorizing the sale and transfer of certain State-owned surplus personal property to the City of Jefferson.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell ' Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard Gillis

Hamilton of 26th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

1700

JOURNAL OF THE SENATE,

Those not voting were Senators:

Ballard Bond Duncan Foster

Hamilton of 34th Howard Langford

Lewis Stephens Stumbaugh

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 673. By Representatives Mullinax of the 69th and Ware of the 68th: Senate Sponsor: Senator Hill of the 29th.
A resolution authorizing the conveyance of certain real property located in Troup County, Georgia, to the United States government.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell
Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Garrard Hamilton of 26th Hill Holley Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie Overby Pearce Reynolds

Riley Robinson Russell Shapard
Starr Stumbaugh Summers Button Tate Thompson Timmons
Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Duncan Foster Gillis

Hamilton of 34th Holloway Howard Langford

McGill Stephens Traylor

On the adoption of the resolution, the yeas were 45, nay 0.

THURSDAY, FEBRUARY 26, 1976

1701

The resolution, having received the requisite constitutional majority, was adopted.

HR 677. By Representatives Evans of the 84th and Owens of the 77th: Senate Sponsor: Senator McGill of the 24th.
A resolution authorizing the conveyance of certain State-owned real property located within McDuffie County to the Wrightsboro Quaker Community Foundation, Inc.; authorizing the sale and transfer of cer tain State-owned surplus personal property to the Wrightsboro Quaker Community Foundation, Inc.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard Gillis

Hamilton of 26th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard > Broun of 46th Duncan

Foster Hamilton of 34th Howard

Langford Stephens

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

1702

JOURNAL OF THE SENATE,

HR 742. By Representative Twiggs of the 4th: Senate Sponsor: Senator Brown of the 47th.
A resolution authorizing the conveyance of certain State-owned real property located within Towns County to Towns County; authorizing the sale and transfer of certain State-owned surplus personal property to Towns County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard

Gillis Hamilton of 26th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Duncan Foster

Hamilton of 34th Howard Langford

Pearce Stephens Traylor

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 751. By Representative Jones of the 126th: Senate Sponsor: Senator Riley of the 1st.
A resolution authorizing the Governor for and on behalf of the State of Georgia to convey to Union Camp Corp., a Virginia corporation, domesti cated in Georgia, its successors and assigns, easements for the con-

THURSDAY, FEBRUARY 26, 1976

1703

struction, in, on, over, across or under certain State-owned or claimed property situate in the Savannah River, Chatham County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Garrard Gillis Hamilton of 26th Hill Holley Holloway Hudson Kennedy Kidd Lester Lewis McDowell McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Timmons
Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Duncan Foster Hamilton of 34th

Howard Hudgins Langford McDuffie

Stephens Thompson Traylor

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following resolutions of the Senate were read and adopted:

SR 397. By Senators Doss of the 52nd, Fincher of the 54th, Howard of the 42nd and others:
A resolution expressing regrets at the passing of Mr. G. R. Snyder.

SR 399. By Senator Brown of the 47th:
A resolution expressing sympathy at the passing of Mr. Alexander Stephens Skelton.

1704

JOURNAL OF THE SENATE,

SR 400. By Senator Traylor of the 3rd: A resolution commending Mr. Cleve Fountain.

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 635. By Senator Traylor of the 3rd:
A bill to amend an Act providing for the granting of funds to a county in which is located land belonging to the State consisting of at least twenty thousand (20,000) acres from which such county receives no taxes, approved March 15, 1963 (Ga. Laws 1963, p. 166) so as to au thorize the Department of Natural Resources to grant such funds.

Senator Traj'or of the 3rd offered the following substitute to SB 635:
A BILL
To be entitled an Act to amend an Act known as the "Natural Re sources Act of 1973", approved March 16, 1973 (Ga. Laws 1973, p. 139), as amended, so as to provide for the granting of funds to any county in which there a) e at least twenty thousand (20,000) acres of Stateowned land from vhich such county receives no taxes; to provide an effective date; to i jpeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Natural Resources Act of 1973", approved March 16, 19 ri3 (Ga. Laws 1973, p. 139), as amended, is hereby amended by adding a new Section immediately following Section 7, to be designated Section 8, to read as follows:
"Section 8. Granting of funds to counties in lieu of ad valorem taxes, (.a.) The Department shall be authorized to grant funds to any county wherein there is located land belonging to the State of Georgia consisting of not less than twenty thousand (20,000) acres from which that county receives no revenue from ad valorem taxes; provided, however, that such grant may be made only for lands assigned to the custody and control of the Department and held by the Department in a generally natural or undeveloped state.
(b) The amount of said grant is to be determined by the Com missioner and may not exceed either the amount of revenue that the county would have received in ad valorem taxes had such land been subject to taxes or the amount specifically appropriated there for."
Section 2. This Act shall become effective on January 1, 1977.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

THURSDAY, FEBRUARY 26, 1976

1705

On the adoption of the substitute, the yeas were 36, nays 0, and the 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bond Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Gillis

Hamilton of 34th Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Russell Starr Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Young

Those voting in the negative were Senators:

Barnes Bell Brantley Coverdell

Garrard Hamilton of 26th Hill

Robinson Shapard Warren

Those not voting were Senators:

Ballard Foster Holley

Howard Langford

Stephens Thompson

On the passage of the bill, the yeas were 39, nays 10.

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

Senator Traylor of the 3rd moved that SB 635 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 635 was immediately transmitted to the House.

1706

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30,1977.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1350. By Representatives Murphy of the 18th, Vaughn of the 57th, Harris of the 8th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1976, and ending June 30, 1977, for the operation of State Gov ernment.

Senator Broun of the 46th moved that the Senate insist upon the Senate substitute to HB 1350.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon its substitute to HB 1350.

The following bill of the House was read the first time and referred to com mittee:

HB 1944. By Representatives Evans of the 99th, Pinkston of the 100th, Russell of the 64th and others:
A bill to amend an Act relating to cigar and cigarette taxes so as to repeal provisions prohibiting cigars and cigarettes from being sold below cost price; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

Senator Young of the 13th, Chairman of the Enrolling and Journals Sub committee, submitted the following report:
Mr. President:
Your Subcommittee on Enrolling and Journals has read and examined the

THURSDAY, FEBRUARY 26, 1976

1707

following bills of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 182. SB 345. SB 353. SB 425. SB 434. SB 459.

Respectfully submitted, Senator Young of the 13th District, Chairman

Senator Riley of the 1st moved that the Senate do now adjourn until 9:30 o'clock A. M. tomorrow, and the motion prevailed.

At 5:40 o'clock P. M., the President announced the Senate adjourned until 9:30 o'clock A. M. tomorrow.

Journal of the Senate 1976 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.

Journal of the Senate 1976 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.