Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 10, 1977 and adjourned Thursday, March 10, 1977, volume I

Compiler's Note
The Journal of the Senate regular session of 1977 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 10, 1977 through March 2, 1977. Volume II contains March 3, 1977 through March 10, 1977 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 10,1977 and adjourned Thursday, March 10,1977
VOLUME I
1977 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE
1977
ZELL MILLER .-.............-..-......... ...President (Lieutenant Governor)
TOWNS COUNTY
AL HOLLOWAY ................................................President Pro Tempore
DOUGHERTY COUNTY
HAMILTON McWHORTER, JR._____...___._____.__Secretary of the Senate
OGLETHOBPE COUNTY
WALTBELLAMY........................_.......................................Doorkeeper FULTON COUNTY
WINSTON PITTMAN......................__................................Messenger
HALL COUNTY
STAFF OF SECRETARY OF SENATE ALICE E. HOGE __._._________..._..._________....................Assistant Secretary
FULTON COUNTY
SARALYNFOSTER....................__..............................Calendar Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT......._____________Journal Clerk
DeKALB COUNTY
PAUL THOMASON ............................................Assistant to Secretary
COBB 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 1977-1978

Senators

District

Address

Thomas F. Allgood ____________________________________________22nd________ Augusta 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 Bill English --.-___,,_._^_^-___._______.._.____--_.-.---___^_21st-_-_.-Swainsboro Todd Evans .______________,,_.,,,,___,,,,___.,,__._.___..___.__,, 37th________ Atlanta W. W. (Bill) Fincher, Jr. __________._._._.-___._______.___.54th________ Chatsworth John C. Foster ___,,__.-_____________._______________._______.__._. 50th----_ Cornelia Hugh M. Gillis, Sr. _________,,____,,_.______.._.._--.__....2(M;h.---- Soperton Richard L. Greene ------,,--_------,, ________________.26th_____ Macon Render Hill-_______________________________________________________._._29th________ Greenville Al Holloway ________________-___________________________._-_..,.-_____12th--... Albany Pierre Howard _____________________________.....____________42nd---- Decatur Floyd Hudgins -__....-_............_.._--- ______________._____15th________ Columbus Perry J. Hudson ______,,______________,,_________.____________ 35th._______ Hapeville Ed Johnson ___________________________________________________ ___.34th________ College Park Joseph E. Kennedy ____.__,,______________________.--___-_ ____4th-__-- Claxton Culver Kidd _______________________.______25th... - Milledgeville J. Beverly Langford ________._______.....______--_-____________51st________ Calhoun Jimmy Lester ______-____-.__-._____-_________-___-______--...__23rd----__ Augusta Sam P. McGill ___-_._____.._____._.__..__.__________________-_..__24th___-__ Washington Howard T. Overby ___...___-.._________--_--_.__-_____49th..__.... Gainesville James L. Paulk ._____________..________.....--______________._____13th__--___ Fitzgerald

Senators

District

Address

H. Norwood Pearce ----...--------_______..__.___.____16th.----. Columbus Steve Reynolds ..----_--------------------------48th _,,.... Lawrenceville John R. Riley --------------------------------__,,__1 st.______ Savannah W. Lee Robinson --------------------------27th----.. Macon Henry P. Russell, Jr. --_._-----_--------_------10th_---- Boston Thomas R. Scott ----------------------------43rd---- Decatur 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 Sutton --.--.--....--.--..--------..----...-.9th--.-- Norman Park Dr. 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 James Ronald (Ronnie) Walker ----.--.------19th--.. McRae Charles Wessels ..------.___,,.___..._____..2nd--___ Savannah

MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES WITH DISTRICTS AND CITIES FOR THE TERM 1977-1978

Name

District

Post Office

G. D. Adams __._______________________________________ 36 __________________________ Atlanta Marvin Adams _________ .___________________________79 ______________._,,__._____ Thomaston Wendell T. Anderson, Sr. ______________________ 8, Post 3 __________ Canton Bob Argo ----_______-___-___________________________63 ______________________ Athens Dean G. Auten _____________________________________154 __________________________ Brunswick Emory E. Bargeron _____._________________________.83 __________________________ Louisville Joseph A. (Joe) Battle ________________________ 124 __________________________ Savannah Wilbur Edwin Baugh ___________________________ 108 __________________________Milledgeville Bob Beckham ________._________________________________89 __________________________ Augusta James M. Beck _________________________-__________148 _____________________Valdosta Jimmy W. Benefield _________________________..__-72, Post 2 ___________ Jonesboro Kenneth (Ken) W. Birdsong _______________103 ________________________ Macon Sanford D. Bishop, Jr. ________._,,_.______________ 94 _----------.--_-- Columbus Paul Bolster _____________________________________ 30 ______________________ Atlanta Claude A. Bray, Jr. ___-________________________70 __________________ Manchester Ben Brown ___-____________________________________34 __________________ Atlanta Thomas B. Buck, III -_-__________-__._________95 __________,,___,,_______ Columbus A. L. Burruss ___________________________-__________21, Post 2____________ Marietta Joe Burton ____________________________________._47 _____________________ Atlanta Don L. Butler ________________________________________ 56, Post l.____.-____ Decatur Mrs. Henrietta Mathis Canty __-________-___38 _____________________ Atlanta John R. Carlisle _______..______________._..________.._71, Post 1__.._____- Griffin Charles L. Carnes __--______,,___________-___--43, Post 1--_________ Atlanta Bobby Carrell ________.___--______________,,______75 .--_________-_--__ Monroe Gary C. Cason _______________._______._,,________--.96 .____,,______________ Columbus 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 Max Clark ___________________________._______13, Post l._____._ Danielsville A. D. Clifton _____________107 _______- Metter Terry L. Coleman ____..___.________.__--____118 ..._._._.____ Eastman Marcus E. Collins, Sr. ___________-____..._____144 _____-______ Pelham Carlton Colwell -......________________.______________4, Post !______.____ Blairsville Jack Connell .,.,,_,,.__..._._._-________87 --_._.____-Augusta

Name

District

Post Office

Bill Cooper -_-----,,--.--__------------.19, Post 3.___________ Marietta Walter E. Cox ----_...._____----__.__________.__141 ....------------_ Bainbridge Tom Crosby, Jr. ___________________________________ 150 ---------------- Waycross Bryant Culpepper _________ _______.__________________98 ________________________ Fort Valley G. F. (Danny) Daniel, Jr. _____________.._________88 ----------------_ Augusta J. C. Daugherty, Sr. ________________________________33 _____________________ Atlanta Burl Davis __------------------________99 ----r-------- -Macon Douglas C. Dean --------__------------.29 _----.___...----___ Atlanta R. A. Dent --_--.--------------.__.----___.._. 85 __________________________ Augusta Clinton E. Deveaux ------------_------.._.28 -------------- Atlanta Harry D. Dixon ___________..________________________.__151 ------._--_______ Waycross Bill Dover --_--_----_..------------------11 ,,-------------- Hollywood Ward Edwards _..,,,,--..._-_.._._._...--...-..110 ,,.___.___..___-..__..___-Butler Michael J. Egan .,,--_----..--.._._..,,._.--..25 ..---.----._------ Atlanta Ewell H. (Hank) Elliott, Jr. _._____..49.._._.._._____ Doraville Warren D. Evans ....-..--.........._.........-._84 .....----.------..--Thomson Mrs. Dorothy Felton _,,--.,,-......_..-...--....22 --..--.....--..--_--. Atlanta Paul W. Foster --..---.,,......-....--.....----.152, Post I--.....-- Blackshear R, L. Foster ..............----..._...----............6, Post 2_^_______. Dalton Mary Jane Galer ..____-.____-...__._____.___-_____....97 ------.--.----. Columbus Lynn Gammage ----------------------.17 --.--..-------- Cedartown Arthur Gignilliat _--------.----------122 ...--_.------.-- Savannah Tom Glanton --------.._...--.--.---...-..66, Post 2 _..._..-- Carrollton Mildred Glover ____..._....____-_____..___.._.__-__.___._32 --.,,..-.-..------_ Atlanta Joel R. Greene __------------------_ 138, Post 2 ________ Jesup John W. Greer .___._------_----_----------__ 43, Post 3 ___________ Atlanta Benson Ham __^____________..-___--___________.________80 --------,,------ Forsyth Mrs. Grace T. Hamilton ___..--------.--_ 31 --...._..--..--.,,-- Atlanta Bob Hanner ___.__________-_____-__._______._____^____A30 _________________________Parrott B. B. Harris, Sr. _----_--------------_--_ 60 ...._--,,.._---_. Duluth Joe Frank Harris ,,...--...--...----------.8, Post l_____-_--_ Cartersville Carl Harrison _________________________________________ 20, Post 2 __________ Marietta Charles Hatcher ________________..__________________131 _________________________ Albany John Hawkins -------------------- 50 ---------------- Atlanta Forest Hays, Jr. .--------_.--------______!, Post 2-------Chatta
nooga, Tenn. Bobby L. Hill ------------------------ 127 -.------.------. Savannah Bob Holmes _.--_..-.--------.---------- 39 --.,,---...------ Atlanta Frank Home __.___--_.--_._------------.104 ------.------Macon
Gerald Talmadge Horton ___________.________._____43, Post 2------.Atlanta
Eugene (Gene) Housley ------.--------21, Post !__.____.__-Marietta

Name

District

Post Office

Mobley Howell ________________ ____________________140 __________________________ Blakely Ted Hudson ___________________ ____.___________________137 __________________________ Fitzgerald R. S. (Dick) Hutchinson ________________________133 ____.__________._,,__ Albany Jack Irvin ____________________________________ __10 ________________________ Baldwin Robert A. Irvin ___________________________________ 23 ________________________ Roswell Johnny Isakson ____-__.__-_______,,_____________ 20, Post 1 ,,_____-__ Marietta Jerry D. Jackson ______________________ ________________9, Post 3____________ Mountain Ben Jessup ________-_-__-__--_-___________-____________117 _____________________ Cochran Gerald L. Johnson ___________________ __________66, Post !____________ Carrollton Phil Johnson _______________________ __________________74 __________________________ Covington Rudolph Johnson __________ _________________________72, Post 4____________ Morrow Joe J. Johnston ______ ______________.________________56, Post 2 __________ Decatur Bill Jones ___________________________________ ______________78 _________________________ Jackson Herbert Jones, Jr. __________ ___________________ 126 __________________________ Savannah Max D. Kaley _______________________________________ 19, Post 2____________ Marietta Randolph C. Karrh ________________ ____________.106 _________________________ Swainsboro Rene D. Kemp ________________________________________ 139 _____________ Hinesville James W. Keyton ______________ ______ ____________143 __________________________ Thomasville Thomas (Mac) Kilgore ________ _____________ 65 ___._.____,,_____ Douglasville Nathan G. Knight ____________________________________67 ________________________ Newnan E. R. Lambert ________________________________________112 __________________________ Madison Dick Lane ________________________________________________ 40 __________________________ East Point W. Jones Lane ___________________ ________________81 __________________________ Statesboro Wm. J. (Bill) Lee ________________________.... _______.72, Post 1 ______ Forest Park Mike Lenderman _________________________________ 53 ..........._....,,._,,_ Glarkston John Linder ____________________________________________ 44 _______________________ Dunwoody Hugh Logan _________-____-_-_-___-_____,,- ____..____62 _______________________ Athens Bobby Long ____ ______________________________________142 __________________________ Cairo Max R. Looper _______________.____________________________8, Post 2____________ Dawsonville Jimmy Lord ___________________________________________.105 __________________________ Sandersville David E. Lucas ___________________________________ 102 __________________._..__ Macon Charles C. Mann _____________________________________ 13, Post 3____________ Elberton Sidney J. Marcus _______ ____________________________26 _________________________.Atlanta Dorsey R. Matthews ____________________________,, 145 ._______._______.._--____ Moultrie T. Hayward McCollum __________________________134 _____________________ Albany Lauren (Bubba) McDonald, Jr. ______________12 __________________________ Commerce J. E. (Billy) McKinney ___________________________.35 __________________________ Atlanta Billy Milford _________________ ___________________________13, Post 2________.___ Hartwell
Jerry H. Money -______-_______-_-____-_-_-_-_______ 5 ______________________ Summerville
John L. Mostiler __ _ _______ _______________________71, Post 2____________ Griffin
Edwin G. (Ed) Mullinax ________________..______69 __________________________LaGrange

Name

District

Post Office

Thomas B. Murphy __________________________________18 -_-____--.._.___________ Bremen Bill Murray _____.__._______...________,_______.....116 -_________--._._._____ Americus Paul E. Nessmith, Sr. ____________________________ 82 ______.._.____,,__________ Statesboro Michael C. Nichols _____.__.__________._._.__._____. 27 __________________________ Atlanta Ken Nix _.._____.________________________________._..________20, Post 3________.__ Smyrna Bill Noble ________________________________________________ _48 ...__..,,...,,__,,..,, Decatur Lucian K. Oldham ___________..___.___...__.__..______14 _________________________ Rome Ray Owens ....,,..___________..______.__-...________77 __________________________ Appling Bobby Eugene Parham ____________________.109 -______________.,,_--..__ Milledge-
ville Grover C. Patten ______.._______.__________-____-_.._146, Post 1__.__..__- Adel Robert L. Patten ____________________________..___.149 _____--____.._._....__ Lakeland Robert G. Peters ___._.________.._____._.-_..__________2 -______..,,.__.________- Ringgold L. L. (Pete) Phillips ___________._____,-___________120 __________________________ Soperton R. T. (Tom) Phillips -______.._.______.__-....__..._59 _____.__.___.._______.__,_ Stone
Mountain W. Randolph Phillips ._________.__._.._____________91 ____________ Shiloh Greg Pilewicz _________.___._________.._,__.___________41 _-.____....______________ East Point Frank Pinkston -__-..__________________,____________100 --..____,,____________Macon Howard H. Rainey ----__-____-.-.,,,---_-____-135 ___.,,__--_____-_________ Oordele Ernest Ralston ____________________________________.7.........______________ Calhoun Tom Ramsey -_..__________...._._________.____.______.__3 ____________________ Chatsworth William C. (Billy) Randall .______._______.____101 _____________...______._,. Macon Henry L. Reaves ------__--._.._____-____________ 147 -______________________,, Quitman Eleanor L. Richardson ,,___________--______._____52 ,,...___._______________,_ Decatur Cas Robinson _,,...______________________._______________58 _,,..----,,--_--.._ Stone
Mountain Ben Barren Ross _______________-____--__-___-____76 ____--__----.-_-._.,,. Lincolnton J. Roy Rowland _-._________________.__.______--___l 19 .,,_____________ Dublin Dewey D. Rush _.-__._____.___._.._____.___121__________________________ Glennville John D. Russell ,,......._........._.,,,,...,,,,,.__._64...______-______-_______._ Winder Al Scott ___-____.-.-....___-_______.._.-.._-_...123 -._..___.._____________.- Savannah David Scott --_____-._...._-____________-__-_______-___37 ..........,,.--......_.. Atlanta Earleen Sizemore __--.._.-__-___-______-_____--____136 _-_--_._______.,,.__ Sylvester Virlyn B. Smith, Sr. ______..__..._..____.--.-.....-42 ________________________ Fairburn Calvin Smyre _._..._-___-_____----..------._92 _-______-_,,.....,,,, Columbus Wayne Snow, Jr. ___-__________.___.._____---_..!, Post 1.........-- Rossville Cathey W. Steinberg ..____________________._________46 -_-....._....,,.,,.._,, Atlanta R. Bayne Stone __-_.._________.__________,____-___-___138, Post l___-_.___- Hazlehurst David J. Swann __--..._.._.________,,--_--__90 -______-_--_,,_____. Augusta
Tom Taggart ______.._.._________.___-_125 _-_,,._-..-_..._.,, Savannah
Albert W. Thompson _-,,___._____-.____-__--____93 ..._.,,_.__.....__ Columbus

Name

District

Post Office

Tommy Tolbert _----_--------__--------_.... 56, Post 3--,,.--_ Decatur E. B. Toles ____-.-_-_-_----------____------16---------------Rome Kiliaen (Kil) V. R. Townsend _----------24 ------__----_---- Atlanta Tom Triplett ------------------_----______ 128 ------ ____ ----__,, Port
Wentworth Ronnie Truluck --------___------------__86 ______------------_ Hephzibah Ray Marks Tucker --------------------__73 ___--------------__ McDonough James R. Tuten, Jr. ------------_--------153 __--------------___ Brunswick Ralph Twiggs ----_---- _-------------------4, Post 2.___________ Hiawassee Clarence R. Vaughn, Jr. ----------_------57 ______------_________ Conyers Monty Veazey _____________________________________.__146, Post 2.,,..._.... Tifton Ted W. Waddle _.________._..____118 _________ Warner
Robins Larry Walker ___.________.___________,,______ _______115 _________-__._-_.__...____ Perry Vinson Wall __________________________________________ 61 ______________________ Lawrence-
ville J. Crawford Ware ___-_._______--.__.__..._._68 -------------_..._ Hogansville Roy H. (Sonny) Watson, Jr. _______________ 114 ----.------------Warner
Robins Bobby A. Wheeler _----------_______------ 152, Post 1----_____ Alma John White _----_--------_-------------- 132 ----------_------_ Albany Doug Whitmire __-----------------__________ 9, Post 2 ....---- Gainesville Rev. Hosea L. Williams ..--___,,,,____.. 54 _________________________ Atlanta Roger Williams ______________________________ 6, Post 1__------.Dalton George Williamson ------------_______------45 ----------------_ Atlanta Joe Mack Wilson __----------____------___19, Post 1--______ Marietta Jim Wood _--------.------------------_______ 72, Post 3--______ Forest Park Joe T. Wood ----__------_--------.-------- ___9, Post 1-------- Gainesville

SEN ATE JOURNAL
Senate Chamber, Atlanta, Georgia Monday, January 10,1977
The Senators-elect of the General Assembly of Georgia for the years 19771978 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.
The invocation was offered by The Reverend Thomas D. Bowers, rector of Saint Luke's Episcopal Church, Atlanta, Georgia.
The following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Senators-elect in the general election of 1976, was received and read by the Secretary:
SECRETARY OF STATE 214 State Capitol Atlanta 30334
November 19,1976
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting herewith the names of the Senators elected in the General Election held on November 2, 1976 to represent the various Senatorial Districts in the General Assembly for the years 1977 and 1978, as the same appear on the consolidated returns of said election which are of file and record in this office.
With kindest regards and best wishes, I am
Sincerely yours, /s/ Ben W. Fortson, Jr.
Secretary of State

14

JOURNAL OF THE SENATE,

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the attached three pages of typewritten matter are a true and correct list of the State Senators as elected in the No vember 2, 1976 General Election; all as the same appear of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office at the Capitol, in the City of Atlanta, this 19th day of November, 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 Hundred and first.
/s/ Ben W. Fortson, Jr. Secretary of State.

STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY NOVEMBER 2,1976 GENERAL ELECTION

District

Counties

Name

1. Portion of Chatham
2. Portion of Chatham
3. Bryan, Effingham, Liberty, Mclntosh; Portions of Chatham, Glynn, Long
4. Bulloch, Candler, Evans, Screven, Tattnall; Portion of Appling
5. Portion of DeKalb
6. Brantley, Camden, Wayne; Portions of Glynn, Long
7. Atkinson, Bacon, Charlton, Clinch, Echols, Lanier, Pierce, Ware; Portion of Appling
8. Berrien, Cook, Lowndes; Portion of Coffee
9. Colquitt, Mitchell; Portions of Brooks, Tift
10. Baker, Decatur, Grady, Thomas; Portion of Brooks
11. Calhoun, Chattahoochee, Clay, Early, Miller, Quitman, Randolph, Seminole, Stewart, Webster

John R. Riley Charles H. Wessels Mell Traylor
Joseph E. Kennedy
Robert H. "Bob" Bell Roscoe Emory Dean, Jr. Frank Eldridge, Jr.
Loyce W. Turner Franklin Sutton Henry P. Russell, Jr. Jimmy Hodge Timmons

12. Portion of Dougherty
13. Ben Hill, Crisp, Dooly, Irwin, Turner, Worth; Portion of Tift

Al Holloway James L. (Jimmy) Paulk

MONDAY, JANUARY 10, 1977

15

14. Lee, Marion, Schley, Sumter, Taylor, Terrell; Portions of Dougherty, Macon
15. Portion of Muscogee
16. Portion of Muscogee
17. Butts, Crawford, Lamar, Pike, Talbot, Upson; Portion of Henry
18. Houston, Peach; Portion of Macon
19. Bleckley, Dodge, Jeff Davis, Pulaski, Telfair, Wilcox; Portion of Coffee
20. Johnson, Laurens, Montgomery, Toombs, Treutlen, Wheeler; Portion of Washington
21. Burke, Emanuel, Glascock, Jefferson, Jenkins; Portions of Warren, Washington
22. Portion of Richmond
23. Portion of Richmond
24. Columbia, Greene, Lincoln, McDuffie, Oglethorpe, Taliaferro, Wilkes; Portions of Madison, Warren
25. Baldwin, Hancock, Jasper, Jones, Putnam, Wilkinson; Portion of Morgan
26. Twiggs; Portion of Bibb
27. Monroe; Portion of Bibb
28. Spalding; Portions of Clayton, Coweta, Fayette, Henry
29. Harris, Heard, Meriwether, Troup
30. Carroll; Portions of Coweta, Douglas
31. Haralson, Polk; Portions of Bartow, Douglas, Paulding
32. Portion of Cobb
33. Portion of Cobb
34. Portions of Fayette, Fulton
35. Portion of Fulton
36. Portion of Fulton
37. Portion of Fulton
38. Portion of Fulton

Hugh A. Carter
Floyd Hudgins H. Norwood Pearce Peter L, Banks
Ed Barker Ronnie Walker
Hugh Gillis
Bill English
Thomas F. Allgood Jimmy Lester Sam P. McGill
Culver Kidd
Richard Greene Lee Robinson Virginia Shapard
Render Hill J. Ebb Duncan Nathan Dean
Joe Thompson Roy E. Barnes Ed Johnson Perry J. Hudson Jack L. Stephens Todd Evans Horace E. Tate

16

JOURNAL OF THE SENATE,

District

'Counties

39. Portion of Fulton
40. Portion of Fulton
41. Portion of DeKalb 42. Portion of DeKalb
43. Portion of DeKalb
44. Portion of Clayton
45. Newton, Rockdale, Walton; Portions of Barrow, Morgan
46. Clarke, Oconee; Portion of Jackson
47. Banks, Elbert, Franklin, Hart, Stephens; Portion of Madison
48. Gwinnett; Portion of Barrow
49. Hall; Portions of Forsyth, Jackson
50. Dawson, Fannin, Gilmer, Habersham, Lumpkin, Rabun, Towns, Union, White
51. Cherokee, Gordon, Pickens; Portions of Forsyth, Whitfield
52. Floyd; Portion of Bartow
53. Chattooga, Dade, Walker
54. Catoosa, Murray; Portion of Whitfield
55. Portion of DeKalb
56. Portions of Cobb, Fulton, Paulding

Name Julian Bond Paul D. Coverdell James W. (Jim) Tysinger Pierre Howard, Jr. Tom Scott Terrell A. Starr W. D. (Don) Ballard
Paul C. Broun
M. Parks Brown
Steve Reynolds Howard T. Overby
John C. Foster
J. Beverly Langford
Sam W. Doss, Jr. E. G. Summers W. W. (Bill) Fincher,Jr.
Lawrence (Bud) Stumbaugh Haskew Brantley

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

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

Eldridge English Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson
Kennedy
Kidd
Langford

Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard Starr Stephens
Stumbaugh
Summers
Sutton

MONDAY, JANUARY 10, 1977

17

Tate Thompson Timmons

Traylor Turner Tysinger

Walker Wessels

The Senators-elect presented themselves at the rostrum where they received the oath of office administered by the Honorable George T. Smith, Judge, Court of Appeals.

The President announced that the next order of business was the election of the President Pro Tempore.

Senator Howard of the 42nd nominated Senator Holloway of the 12th as President Pro Tempore, and Senator Doss of the 52nd seconded the nomination.

Senator Riley of the 1st asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Senator Holloway of the 12th.

The consent was granted and Senator Holloway of the 12th was declared elected President Pro Tempore.

The President appointed as a committee of escort the following Senators who escorted Senator Holloway of the 12th to the well: Langford of the 51st, Doss of the 52nd, Coverdell of the 40th, Carter of the 14th, Eldridge of the 7th and Timmons of the llth.

Senator Holloway of the 12th expressed his appreciation to the members of the Senate for the honor being accorded him on his election as President Pro Tempore.

The President announced the next order of business was the election of the Secretary of the Senate.

Senator Broun of the 46th nominated Honorable Hamilton McWhorter, Jr. of Oglethorpe County as Secretary of the Senate.

Senator Riley of the 1st asked unanimous consent that the nominations be closed and the Assistant Secretary be instructed to cast the vote of the entire body for Honorable Hamilton McWhorter, Jr.

The consent was granted and Honorable Hamilton McWhorter, Jr. was declared elected Secretary of the Senate.
The oath of office as Secretary was administered to Honorable Hamilton McWhorter, Jr. by the President.

18

JOURNAL OF THE SENATE,

Honorable Hamilton McWhorter, Jr. expressed his appreciation on being elected Secretary to the members of the Senate.

The President announced that the next order of business was the election of a Doorkeeper.

Senator Johnson of the 34th nominated Honorable Walt Bellamy of Fulton County as Doorkeeper, and Senator Bond of the 39th seconded the nomination.

Senator Riley of the 1st asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Honorable Walt Bellamy.

The consent was granted and Honorable Walt Bellamy was declared elected Doorkeeper.

The President announced that the next order of business was the election of a Messenger.

Senator Overby of the 49th nominated Honorable Winston Pittman of Hall County as Messenger, and Senator Foster of the 50th seconded the nomination.

Senator Riley of the 1st asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Honorable Winston Pittman.

The consent was granted and Honorable Winston Pittman was declared elected Messenger.

The President introduced Dr. James A. 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 following resolutions of the Senate were read and put upon their adoption:

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

Senator Stumbaugh of the 55th offered the following amendment:
Amend SR 1 by adding a new paragraph before the fourth from last paragraph of Rule 192 to read as follows:

MONDAY, JANUARY 10, 1977

19

"The minutes shall show the date and the time the committee convened and adjourned. Any member may file a statement from the chairman of a committee whose meeting he (the committee member) is attending to be included in the roll call portion of the minutes of any other committee meeting held at an overlapping time that he was absent because he was attending another standing committee meeting of which he is a member."

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.
On the adoption of the resolution, the yeas were 53, nays 1, and the resolution was adopted as amended.
SR 2. By Senators Riley of the 1st and Eldridge of the 7th: A resolution to notify the House of Representatives that the Senate has convened.
On the adoption of the resolution, the yeas were 53, nays 0, and the resolution was adopted.

SR 3. By Senators Eldridge of the 7th, Riley of the 1st and Holloway of the 12th:
A resolution relative to officials, employees and committees of the Senate.

On the adoption of the resolution, the yeas were 52, nays 0, and the resolution was adopted.

The President addressed the Senate as follows:
My remarks will be brief but I do want to welcome you and congratu late you on being a member of this Senate. As a person who once served as a Senator before and after reapportionment, and as a Reading Clerk, there are a few things that I want to say about politics in general and the Senate in particular, especially to the new members. If you have not already discovered it, you will quickly find out that people are impressed with your prestige and title and influence and I know from long experi ence that it is easy to grow accustomed to having your ego massaged.
There is no profession, except the Metropolitan Opera, that nurtures the prima donna complex as does political life. Because of this, it can easily breed the belief that we are more important and more virtuous and wiser than the average citizen whom we represent.
The very system that we are a part of tends of force us to pay far

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JOURNAL OF THE SENATE,

more attention to how effective we can look than to how effective we actually are.
Various events have brought each of us here, but I think most of us are engaged in public service because we are concerned with society's overall well-being. In the words of the Constitution, which you just swore to uphold, we are here to "form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to our selves and our posterity".
It is from such a commitment that our political service must flow. Convictions about the priorities governing the expenditure of funds, about the patterns of economic wealth and distribution, about the stew ardship of our natural resources, about our system of law and justice and about the meaning of human liberty: These should be the core of our desire to serve in public office. They should be the basis upon which citizens evaluate our abilities to serve them.
You are each a part of a Senate that has changed drastically over the past two years--changes, or reforms if you please, which I think have been for the better.

Before this Administration, the position of President of the Senate in Georgia was as powerful as any presiding officer in this nation. He established committees, he appointed every member, he appointed the Chairman. Because of my experience of having been a State Senator, I wanted this changed; I wanted the Senate to have more input into committee organization. I knew it would weaken my influence, but I have never lusted for power; I have dreamed of progress. There is now a Committee on Committees in every sense of the word. Two of its three members are elected by you and are beholden to you. The Lieutenant Governor of Georgia does not and will never again dominate your committee selection. For better or for worse, you do.

At this time two years ago, a fierce, emotional battle was raging over whether legislative committees, including conference committees, would be open to the public. The prophets of doom were saying it would never work. But it has, and following our lead the House has now opened up their Rules Committee to the public. The Committee on Committees recently violated the spirit--if not the letter--of the rule and it was my fault. This should never happen again and if I am a member, I assure you it will not.

Previous presiding officers had been able to thwart the committee process and even the will of the Senate by simply refusing to call bills up for debate that had been passed out of committee and placed on the calendar. Powerful games were played for big stakes with this tool.

To give you an idea of just how important this is, can you imagine how indignant, how mad you would be if after your bill came out of Committee and you knew that many colleagues supported it, I just refused to call it. Think about that a second and you will agree with our

MONDAY, JANUARY 10, 1977

21

Secretary of the Senate when he said that this is probably the most significant reform he has seen in his years here at the Capitol.
Two years ago there was no Senate Research Office. Today, it is still too small but it is one of the best, most effective units of its kind anywhere and we all wonder how we ever managed without it.
The visit of playboy bunnies and the other many distractions which took up valuable time from legislative deliberations have been ended. The new rules adopted this morning will improve the decorum even more and should do away with some of the justified criticism of eating and reading newspapers while debates are in progress.
Chaos, turmoil at the end of the Session was an accepted routine before this Administration. Because of clearing the calendar practically every day the past two years, we have not had that kind of logjam and the rule adopted today will insure this even further.
All these things and others have helped make this Senate one of the most streamlined, effective legislative bodies in the country, a model that other states are asking about. It is a legacy of which I am proud --and I know you are--to leave to future generations.
It is the main reason that only 6 incumbent Senators were defeated and 26 returned without opposition. There has never been that kind of favorable reaction to incumbent Senators in this century. So love me if you will, hate me if you must, but what has been done here has not been ignored by the general public.
One further move that I think is overdue is to put all our standing committees on equal footing. There is no good reason to have a special statutory committee with special privileges that other standing commit tees do not have. Why should one committee, for instance, be able to hire a staff and the other eighteen committees cannot? If there is a need for such a committee, it should be a joint committee. So I urge you to pass again the bill we passed by a 53-to-l vote two years ago, the one authored by the then Chairman of the EREG Committee, and abolish this committee as a statutory committee and allow the Committee on Committees to establish in its place a Committee on Governmental Operations on equal footing with the other Standing Committees in this body.
I know that many of the things that I have advocated were not popular at the time. Some of these changes came grudgingly--I am fur ther aware that I have violated the age-old adage of "to get along, you go along". But my desire is not to be popular, powerful or to perpetuate myself in office. When Abraham Lincoln was being criticized for his un wavering policy in defense of the Union, he gave this answer to his critics, "I am not bound to win, but I am bound to be true. I am not bound to succeed, but I am bound to live up to my convictions".
I have tried to be true and I have tried to live up to my convictions.
I look forward to working with you for a better Senate and a better State.

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The following communication from the Honorable Ben W. Fortson, Jr., Sec retary of State, was received and read by the Secretary:

SECRETARY OF STATE State Capitol Atlanta 30334 January 7, 1977
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of January 7, 1977, being numbered 1 through 120, in accordance with Act No. 1294 (H.B. 1210), Georgia Laws, 1970.

With best wishes, I am

Sincerely your friend,
I si Ben W. Fortson, Jr. Secretary of State

Enclosure

OFFICE OF SECRETARY OF STATE
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the seven pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 1 through 120), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1977 Session of the Georgia General Assembly as of Friday, January 7, 1977, in accordance with Act No. 1294, Georgia Laws, 1970, as the same appears of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-Seven and of the Independence of the United States of America the Two Hundred First.
/s/ Ben W. Fortson, Jr. Secretary of State.

MONDAY, JANUARY 10, 1977

23

THOSE REGISTERED IN THE DOCKET OF LEGISLATIVE APPEARANCE 1977

1. Ed Deaton Georgia Association of Educators 2900 Britt David Road Columbus, Georgia 31904
2. Gene Dyson Georgia Business and Industry Association 181 Washington. Street, S. W. Atlanta, Georgia 30303
3. James N. Parkman Georgia Business and Industry Association 181 Washington Street, S. W. Atlanta, Georgia 30303
4. George L. DeMore Georgia Business and Industry Association 181 Washington Street, S. W. Atlanta, Georgia 30303
5. Jerry R. Griffin Georgia Municipal Association 220 - 10 Pryor Street Building Atlanta, Georgia 30303
6. James R. Loyd Georgia Business and Industry Association 181 Washington Street, S. W. Atlanta, Georgia 30303
7. Bill Hardman Hardman & Stuckey Suite 100 1380 West Paces Ferry Road N.W. Atlanta, Georgia 30327
8. Mary Anne Whatley Apartment Owners and Managers Association 5600 Roswell Rd., N.E. Atlanta, Georgia 30342
9. Salvador M. Guzzardi The Peoples League of Voters 631 Sheppard Road Stone Mountain, Georgia 30083

10. Ervin W. Goodroe Building Material Merchants Association 1009 Jernigan Street Perry, Georgia 31069
11. Harold E. Davidson Lieutenant Colonel, USAF (Ret.) Georgia Retired Officers Association, Inc. 1713 Council Bluff Drive, N.E. Atlanta, Georgia 30345
12. Cheryl Deaner Gay Pride Alliance 1326 McLendon Avenue, N. E. Atlanta, Georgia 30307
13. Mayor Letchwich Watkins City of Ellijay 133 Lucille Avenue Ellijay, Georgia 30540
14. Julian B. Rosenthal Registered Agent American Association of Retired Persons National Retired Teachers Association 37 Olde Ivy Square Atlanta, Georgia 30342
15. Fred J. Cramer Georgia Federation of Teachers, AFT/AFL-CIO 6065 Roswell Road, N.E. Suite 724 Atlanta, Georgia 30328
16. Herman Spence Georgia Home Furnishings Association 14C1 Atlanta Merchandise Mart Atlanta, Georgia 30303
17. Mrs. Vita R. Ostrander Registered Agent National Retired Teachers Association American Association of Retired Persons (Joint Committee) 1839 Mt. Royal Drive, N. E. Atlanta, Georgia 30329

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18. H. Alien Moye Georgia Federation of Young Republicans 301 Fulton County Courthouse Atlanta, Georgia 30303
19. ClTeatham F. Hodges, Jr. Georgia Catholic Conference 206 7th Street Augusta, Georgia 30902
20. Gil Robison Gay Pride Alliance 3018 Shenandoah Valley Rd., N.E. Atlanta, Georgia 30345
21. Barry Barrentine Georgia State Racing Assn. 3300 Buckeye Road Northside Air Terminal Suite 722 Atlanta, Georgia 30341
22. Marion F. Mundy Georgia State Racing Assn. 5320 Roswell Road, Apt. K-4, Roswell Mews Atlanta, Georgia 30328
23. Jim Morrison Georgia Wildlife Federation 4019 Woburn Drive Tucker, Georgia 30084
24. Reverend Ted Clark Self 1742 Willis Mill Road Atlanta, Georgia 30311
25. Francis L. Solomon Self 357 Forrest Avenue, N. E. Atlanta, Georgia 30312
26. F. Thomas Longerbeam Motor Vehicle Manufacturers Association of the United States, Inc. 1700 Commerce Drive Suite 101 Atlanta, Georgia 30318
27. Harry H. Foster Georgia State Association of Power Engineers 661 Whitebird Way Fairburn, Georgia 30213

28. Wayne Stanford Georgia Retail Food Dealers Assn. P. O. Box 1551 Atlanta, Georgia 30310
29. C, H. Wofford Georgia State Firemen's Assn., Inc. Post Office Box 1623 Decatur, Georgia 30030
30. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 National Bank of Georgia Bldg. Atlanta, Georgia 30303
31. S. L. Harris Self 357 Forrest Avenue, N. E. Atlanta, Georgia 30312
32. Rev. Fred Williams Laborers International Union of North America 1069 Forrest Valley Drive, S.E. Atlanta, Georgia 30354
33. Steve McWilliams Georgia Business and Industry Association 181 Washington Street, S. W. Atlanta, Georgia 30303
34. Tom Stribling Pfizer, Inc. 4360 Northeast Expressway Doraville, Georgia 30340
35. Bob Finney Pfizer, Inc. 4360 Northeast Expressway Atlanta, Georgia 30340
36. Joseph R. Hitchcock Georgia Crushed Stone Association 3050 Presidential Drive Suite 202 Atlanta, Georgia 30340
37. W. M. (Bill) Alexander City of Atlanta City Hall Atlanta, Georgia 30303

MONDAY, JANUARY 10, 1977

25

38. Alfred Hazel, Sr. Laborers International Union of North America 4001 Lakemont Drive College Park, Georgia
39. Jane M. Zinn Young Republicans 3217 Cedar Creek Parkway Decatur, Georgia 30033
40. Dorothy Tracy League of Women Voters of Georgia 3272 Peachtree Road, N. E. Suite 353 Atlanta, Georgia 30305
41. Judge G. Sisk National Association of Retired & Veterans Railway Employees 390 Lake Drive Hapeville, Georgia 30354
42. Marion Hudson Georgia Tax Payers Federation P. O. Box 14 Fairburn, Georgia 30213
43. George Brownlee, Jr. Georgia Tax Payers Federation 3861 Highway 166 Douglasville, Georgia 30135
44. Richard H. Kimberly Kimberly-Clark Corporation Executive Suite 3390 Peachtree Road, N. E. Atlanta, Georgia 30326
45. Howard R. Siggelko Inland Container Corporation 4815 Mead Road Macon, Georgia 31208
46. J. Roger Sumner Inland Container Corporation P. 0. Box 5463 Rome, Georgia 30161
47. Elmer George Georgia Municipal Association 220--10 Pryor Street Building Atlanta, Georgia 30303
48. June W. Rowland Georgia Nurses Association 770 Shannon Lane Woodstock, Georgia 30188

49. Ed Sumner Georgia Municipal Association 220 - 10 Pryor Street Building Atlanta, Georgia 30303
50. Barbara Nicholson Professional Association of Georgia Educators Mercer University Macon, Georgia 31207
51. Ron E. Widener Georgia Independent Automobile Dealers Association 200 Wendell Court Suite 207 Atlanta, Georgia 30336
52. J. W. Scott Georgia Association of Educators, 2943 LaVista Way Decatur, Georgia 30033
53. Jim Calvin Georgia Municipal Association 220 - 10 Pryor Street Building Atlanta, Georgia 30303
54. Ed W. Hiles Georgia Savings and Loan League 1616 William-Oliver Building Atlanta, Georgia 30303
55. Will Dixon Dixon Consultant & Advisor 1352 Bankhead Avenue, N. W. Apartment 1 Atlanta, Georgia 30318
56. Emory Lipscomb Registered Agent Sawnee Electric Membership Corp. Forsyth County National Assn. of Independent Insurers 112 N. Main Street Gumming, Georgia 30130
57. James M. Christian CIBA 4439 Shelborne Drive Chamblee, Georgia 30341

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58. Linda G. Womack Georgia Electric Membership Corporation 148 Cain Street Suite 845 Atlanta, Georgia 30303
59. Coy R. Johnson Registered Agent Georgia Association of Life Insurance Companies National Association of Independent Insurers 112 North Main Street Gumming, Georgia 30130
60. Dorothy P. Spence Georgia Association, American Institute of Architects 2525 Peachtree Center Building 230 Peachtree Street, N.E. Atlanta, Georgia 30303
61. Roy W. Sockwell Christian Science Committee on Publications 3379 Peachtree Road, N. E. Atlanta, Georgia 30326
62. John P. Langsfeld Independent Insurance Agents of Georgia 1252 West Peachtree St., N. E. Atlanta, Georgia 30309
63. John F. Chambless Associated General Contractors of America (Georgia Branch) 147 Harris Street, N. W. Atlanta, Georgia 30313
64. Carol Ann Dalton Georgia Hospital Association 92 Piedmont Ave., N.E. Atlanta, Georgia 30303
65. W.A.Robinson W. A. Robinson and Associates 1836 Meadowglades Drive Decatur, Georgia 30032

67. Bill Talmadge The Coca-Cola Co. 310 North Avenue Atlanta, Georgia 30301
68. Mel Steely American Association of University Professors Route 10, Box 171 Carrollton, Georgia 30117
gg James L. Hutto Georgia Highway Contractor's Association, Inc. 92 Luckie Street, N. W. Valley Forge Bldg., Suite 1102 Atlanta, Georgia 30303
70. Anne H. Patrick DeKalb Community College 945 N. Indian Creek Drive Clarkston, Georgia 30021
71. W. Wayne Scott DeKalb Community College 945 N. Indian Creek Drive Clarkston, Georgia 30021
72. Travis E. Weatherly DeKalb Community College 945 N. Indian Creek Drive Clarkston, Georgia 30021
73. Robert H. Evans Georgia Chamber of Commerce Executives Association Box 577 Toccoa, Georgia 30577
74. Clint G. Sweazea Air Transport Association c/o Delta Airlines Hartsfield International Airport Atlanta, Georgia 30320
75. Bettye M. Lowe Adoption Revision Committee 591 West Paces Ferry Road, N.W. Atlanta, Georgia 30305

66. Aubrey T. Villines, Jr. Georgia Nurses Association 269 10th Street Atlanta, Georgia 30309

76. Doris van Veelen Adoption Revision Committee 1513 Thornhill Court Dun-woody, Georgia 30338

MONDAY, JANUARY 10, 1977

27

77. Frances Pauley Georgia Poverty Rights Organization 943 Clifton Road, N. E. Atlanta, Georgia 30307
78. Dr. Lewis C. Loveless Metro Clinic 4280 Loveless Drive Ellenwood, Georgia 30049
79. Lithangia S. Robinson Georgia Association of Educators 2880 Valley Heart Drive, N. W. Atlanta, Georgia 30318
80. Jack S. Schroder, Jr. Georgia Hospital Association Haas-Howell Building Atlanta, Georgia 30303
81. Kenneth Diffenderfer Sierra Club Box 118, Old Virginia Union City, Georgia 30291
82. Glenn Newsome Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
83. Robert R. Christian Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
84. Thomas C. Watson Independent Bankers Association of Georgia 350 E. Paces Ferry Road, N. E. Atlanta, Georgia 30305
85. Margie Britt Georgians United for Education 2723 Canna Ridge Circle, N. E. Atlanta, Georgia 30345
86. Willie Bolden American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1644 Suite 211 133 Luckie Street, N. W. Bona Alien Building Atlanta, Georgia 30303

87. T. H. Resseau, Jr. Georgia Milk Producers, Inc. 419 W. Marion Street Eatonton, Georgia 31024
88. William A. Moore Georgia Milk Producers, Inc. 2493 Highland Drive Conyers, Georgia 30207
89. Rudolph Clark Georgia Milk Producers, Inc. Route 1 Murrayville, Georgia 30564
90. Don Tomlinson Georgia School Boards Association 4 Cardinal Drive Newnan, Georgia 30263
91. Frank D. Roberts Georgia State Fraternal Order of Police 4010 Manor House Drive, N. E. Marietta, Georgia 30062
92. O^Lester J. Kinard Employment Opportunities P. 0. Box 5528 Atlanta, Georgia 30307
93. Elinor Metzger League of Women Voters of Fulton County Suite 202 1372 Peachtree Street Atlanta, Georgia 30309
94. Myrtle Davis League of Women Voters of Fulton County Suite 202 1372 Peachtree Street Atlanta, Georgia 30309
95. Pam Prochnow League of Women Voters of Fulton County Suite 202 1372 Peachtree Street Atlanta, Georgia 30309
96. J. Robert Watson Fulton Federal Savings & Loan Association P. O. Box 1077 Atlanta, Georgia 30301

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97. Gerald Busbee First National Bank of Atlanta 2 Peachtree Street Atlanta, Georgia 30302
98. Steve Nimmer Registered Agent 3M Georgia Automobile Assn. Georgia Farm Equipment Assn. P. 0. Box 269 Blackshear, Georgia 31516
99. Phil Paradice Georgia Savings & Loan League 1616 William-Oliver Building Atlanta, Georgia 30303
100. Dr. Charles Adamson Georgia Chiropractic Association 2160 East Lake Road, N. E. Atlanta, Georgia 30307
101. Dr. Dupree Jordan Association of Colleges and Universities in Georgia 3121 Maple Drive, N. E. Suite Two Atlanta, Georgia 30305
102. Roger Buerki Sierra Club 499 Lyle Drive Marietta, Georgia 30067

107. Jack W. Houston Georgia Association of Petroleum Retailers Post Office Box 639 Decatur, Georgia 30031
108. Herbert C. Green United Automobile Workers Union Suite 131 1280 Winchester Parkway, S.W. Smyrna, Georgia 30080
109. Charlie Templeton Medical Association of Georgia 938 Peachtree Street, N. E. Atlanta, Georgia 30309
110. Charles L. Skinner Georgia Motor Trucking Association 500 Piedmont, N. E. Atlanta, Georgia 30308
111. Frank E. Coggin Registered Agent Municipalities (6th District) Georgia Hotel-Motel Association Georgia Auto Dealers Asso. The Harrison Company 201 Victoria Lane Hapeville, Georgia 30354

103. Phyllis Fraley Georgia Motor Club 6 East Pine Circle, N. E. Atlanta, Georgia 30305
104. Mike Witter Georgia Motor Club 1100 Spring Street Atlanta, Georgia 30309
105. Bob Bullington United Transportation Union Post Office Box 80763 Chamblee, Georgia 30366
106. John W. Cox, Sr. Georgia Association of Realtors, Inc. 2751 Buford Highway, N. E. 8th Floor Atlanta, Georgia 30324

112. Ski Bashinski Registered Agent Georgia Funeral Directors Association Georgia Motorcycle Dealers Association Georgia Automatic Merchandising Council Surveying & Mapping Society of Georgia Georgia Auto and Truck Wreckers Assn. Suite 123 3009 Rainbow Drive Decatur, Georgia 30034
113. Ruth Garretson DeKalb League of Women Voters 4215 Newcomb Road Decatur, Georgia 30034

MONDAY, JANUARY 10, 1977

29

114. Victor J. Impeciato Georgia Restaurant Association 2263 Peachtree Road, N. E. Atlanta, Georgia 30309
115. Jesse W. Curlee Georgia Textile Manufacturers Association 2640 National Bank of Georgia Building Atlanta, Georgia 30303
116. Bryce Holcomb Georgia Soft Drink Association 197 Club Drive Gainesville, Georgia 30501
117. Mrs. John A. Dunaway Stop ERA 4904 Lake Forrest Drive, N. W. Atlanta, Georgia 30342

118. Tom Boiler National Bank of Georgia 34 Peachtree Street, N. W. Atlanta, Georgia 30301
119. Stephen Day Young Democrats of Georgia 3554 Buford Highway, N. E. Apt. 1 Atlanta, Georgia 30329
120. W. Fitzgerald Georgia Asphalt Pavement Assn., Inc. 3445 Peachtree Road, N. E. Suite 879 Atlanta, Georgia 30326

The following communications from His Excellency, Governor George Busbee, were received and read by the Secretary:

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 14, 1976
Honorable Zell Miller Lieutenant Governor and President of the Senate State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 354, 389, 547, 631, 707, 586 and 203 which were passed by the General Assembly of Georgia at the 1976 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, /s/ George Busbee

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Veto No. 34--S.B. 354 by Senator Stephens of the 36th
This bill would amend the law with respect to tax returns for the City of Atlanta located in Fulton County; however, because of technical dif ficulties the author requested that the bill be vetoed.

Veto No. 35--S.B. 389 by Senators Garrard of the 37th, Eldridge of the 7th, Howard of the 42nd and Bell of the 5th
This bill created certain rights for peace officers, including the establish ment of a hearing board within the police department concerned. It would, in many cases, alter existing home rule authority and executive responsibility concerning personnel matters within local police depart ments. The bill provides for appeals from the hearing board to the county of residence of the policeman involved, which would create considerable difficulty for many departments who hire policemen from surrounding counties and States, and may in this connection violate the Constitutional provisions found in Article VI, Section XIV, Paragraph VI of the Constitution of the State of Georgia.

Veto No. 36--S.B. 547 by Senators Hudgins of the 15th, McDuffie of the 19th and Langford of the 51st
The present law currently provides for a $1.00 maintenance fee due with each monthly payment. S.B. 547 permits maintenance charges of $2.00 per month on any size loan, which charges are added to the principal amount of the loan at the time the loan is made rather than monthly as the payments are received. The effect of this alteration creates a multiplier effect, and greatly increases the cost to the consumer. The industry advocated these increases based upon an expectation that insurance premiums would be reduced in the near future; however, upon investigation there are no assurances presently available upon which such prediction can be made.

Veto No. 37--S.B. 631 by Senator Traylor of the 3rd
This bill was introduced as local legislation, but as a result of some misunderstanding, the Representative from the area affected did not sign the legislation, while Representatives from an area unaffected by the bill did sign, and the bill was handled as local legislation. The County Commissioners asked that the bill be vetoed because of this irregularity.

Veto No. 41--S.B. 707 by Senators Holley of the 22nd and Lester of the 23rd
The purpose of this bill was to redefine the term "fair market value"; however, as the bill finally passed it provided that the assessment for property taxes could not be altered in future years unless there was a change in "economic factors". The use of a new term which has not previously been defined raises a number of technical questions rather than solving the true purpose of the bill. The definition of "fair market value" was considered by the Supreme Court of Georgia during the January Term of this year, and the Court held that the term as presently defined by law was not too vague and indefinite to be enforced. (Chilivis vs. Keel, et al., 236 Ga. 226.)

MONDAY, JANUARY 10, 1977

31

Veto No. 43--S.B. 586 by Senator Button of the 9th
This bill would amend an Act relating to occupational and professional taxes by adding to the enumerated businesses that may be taxed only where they maintain a place of business the real estate industry. Some municipalities and local jurisdictions impose an occupational tax on real estate brokers based upon the sales activity within their jurisdiction. This feature was not debated or discussed during the General Assembly, and many people were not aware that the passage of this Act would deprive those jurisdictions of the right to impose the gross receipts tax they had previously relied upon. If this bill became law it would force real estate brokers located within those jurisdictions to move beyond the jurisdiction of their home office in order to compete with brokers located elsewhere.

Veto No. 44--S.B. 203' by Senators Lester of the 23rd, Doss of the 52nd and Fincher of the 54th
This bill would define the term "cost of care" relative to the payment of the cost for providing services for patients in State institutions. The definition as used in the Act would limit liability to persons with insurance resources only and would thereby eliminate liability with respect to responsible, capable persons who do not have insurance coverage. If this bill became law it would effectively reduce the billing capability for the Department of Human Resources bv at least $2% million a year, and would raise the question of discrimination against persons with insurance which could cause the Division to lose an ad ditional $1.2 million if contested by insurance companies. There is an additional question concerning; the Medicare and Medicaid response to this amendment, which places another $10 million in jeopardy.
OFFICE: OF THE GOVERNOR
Atlanta, Georgia 30334 April 14, 1976

Honorable Thomas B. Murphy Speaker of the House of Representatives State of Georgia State Capitol Atlanta, Georgia 30334

Dear Speaker Murphy:
I have vetoed House Bills 164, 2050, 1287, 1288, 1289, 1290, 1804, 1719, 1615,1958, 1651 and 588 and House Resolution 567-1544 which were passed by the General Assembly of Georgia at the 1976 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, /s/ George Busbee

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Veto No. 25--H.B. 164 by Representatives Jones of the 126th, Hudson of the 137th, Fraser of the 139th and others
This bill would require the State to pay counties up to $7.00 per day for housing prisoners who have been sentenced with no appeal pending and who have not been transferred to a State prison unit after 30 days. It would be fiscally irresponsible to permit legislation to become law which would cost the State as much as $2% million to $3 million for which there has been ho appropriation made by the General Assembly. This problem will be somewhat relieved as new prison facilities are constructed.

Veto No. 26--H.B. 2050 by Representatives Buck of the 95th and Berry of the 94th
This bill would provide for additional investments for municipalities, counties, school districts and other local units of government; however, the bill as written contained a technical language defect which was not discovered until after the bill had passed. The author of the bill requested that it be vetoed in order to avoid unnecessary inconsis tencies within the Act.

Veto No. 27--H.R. 567-1544 by Representatives Jones of the 126th, Taggart of the 125th, Chance of the 129th and others
This Resolution would authorize a conveyance to Union Camp Corpora tion certain State-owned property in the Savannah River. The Resolu tion contained a technical language defect and as written would not accomplish the purposes intended. The authors of the bill requested that the Resolution be vetoed.

Veto No. 28--H.B. 1287 by Representatives Ware of the 68th, and Glanton and Parkman of the 66th

Veto No. 29--H.B. 1288

Veto No. 30--H.B. 1289

Veto No. 31--H.B. 1290
These bills are local bills affecting the compensation of county officers in Heard County. Because of a defect in the advertisement, these bills could not become law and the author requested that they be vetoed.

Veto No. 32--H.B. 1804 by Representatives Lambert of the 112th, and Milford, Mann and Clark of the 13th
This bill would create and establish the Greene County Airport Authority; however, because of a technical error in the main body of the bill the author requested that it be vetoed.

MONDAY, JANUARY 10, 1977

33

Veto No. 33--H.B. 1719 by Representatives Glanton and Parkman of the 66th
This was a local bill which would change the compensation of the Tax Commissioner of Carroll County. Because of technical difficulties the author requested that the bill be vetoed.

Veto No. 38--H.B. 1615 by Representatives Carnes of the 43rd, Holmes of the 39th, Sheats of the 28th and others
This bill would provide for procedures to dispose of abandoned auto mobiles in certain counties, and would have provided for procedures in this connection that were not uniform statewide, creating an undue burden with respect to the outstanding certificates of title on auto mobiles and the administration of the Title Act. The Department of Revenue asked that the bill be vetoed in order that they could work with the authors of the bill during the coming year and prepare a uniform statewide bill which would meet the requirements and needs in this area.

Veto No. 39--H.B. 1958 by Representative Larsen of the 119th
This bill would amend the Act creating the Office of the Consumers' Utility Counsel so as to make changes with respect to the administration of the office of such Counsel. The Attorney General has advised the Governor that the Office of the Consumers' Utility Counsel can operate properly under existing law, and that this bill is not needed.

Veto No. 40--H.B. 1651 by Representative Harden of the 154th
This bill would authorize the sale, construction and operation of con dominiums on Jekyll Island, and would permit the conversion of motel units into privately owned condominiums. Jekyll Island was developed as a State park for the enjoyment of the public, and a transfer of public accommodations to condominium units would not further the purposes for which the Island has been developed.

Veto No. 42--H.B. 588 by Representatives Hatcher of the 131st, Walker of the 115th, Evans of the 84th and others
This bill would amend Code Section 27-2503 relating to presentence hearings for the determination of punishment to be imposed in certain felony cases. The purpose of the bill was to clarify language contained in the original Act which is not needed. The inconsistencies and difficulties in the original bill have now been clarified by a court decision and this bill would have little, if any, effect. Language of a technical nature contained in the bill would, however, create additional difficulty because of the provision dealing with the jury determining the punish ment to be imposed. In order to avoid the apparent confusion, the bill was vetoed.

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JOURNAL OF THE SENATE,

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 January 10, 1977

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

Dear Lt. Governor and Senators:

In accordance with Article V, Section II, Paragraph II 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 5, 1976, 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 of treason.

Subsequent to the adjournment of the Regular Session of the General Assembly on March 5, 1976, to the date of this communication, I have issued no stays of execution.
Sincerely,
I si George Busbee

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 1. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others: A resolution to notify the Senate that the House has convened.
HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others: A resolution to notify the Governor that the General Assembly has con vened.
The Speaker has appointed as a committee to notify the Governor on the part of the House, the following members thereof:

MONDAY, JANUARY 10, 1977

35

Representatives Lambert of the 112th, Carlisle of the 71st, White of the 132nd, Richardson of the 52nd, Buck of the 95th, Carrell of the 75th and Toles of the 16th.

The President announced the appointment by the Senate Committee on Com mittees of the following Senate standing committees:

AGRICULTURE

McGlLL of 24th, Chairman TURNER of 8th, Vice Chairman TIMMONS of llth, Secretary
English of 21st

Kennedy of 4th Russell of 10th Walker of 19th

APPROPRIATIONS

BROUN of 46th, Chairman HOLLOWAY of 12th, Vice Chairman Doss of 52nd, Secretary
Carter of 14th Dean of 6th Duncan of 30th Fincher of 54th Gillis of 20th Hill of 29th Hudgins of 15th

Kennedy of 4th Lester of 23rd McGill of 24th Overby of 49th Riley of 1st Starr of 44th Stumbaugh of 55th Tate of 38th Thompson of 32nd

BANKING, FINANCE AND INSURANCE

LESTER of 23rd, Chairman DUNCAN of 30th, Vice Chairman TURNER of 8th, Secretary
Banks of 17th Brantley of 56th Broun of 46th Coverdell of 40th Doss of 52nd

Gillis of 20th Holloway of 12th Hudgins of 15th Riley of 1st Starr of 44th Sutton of 9th Thompson of 32nd

Banking and Insurance Subcommittee

DUNCAN of 30th, Chairman Brantley of 56th Coverdell of 40th Doss of 52nd

Gillis of 20th Holloway of 12th Starr of 44th

Ways and Means Subcommittee

TURNER of 8th, Chairman Banks of 17th Broun of 46th Hudgins of 15th

Riley of 1st Starr of 44th Sutton of 9th Thompson of 32nd

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JOURNAL OF THE SENATE,

CONSUMER AFFAIRS

BARKER of 18th, Chairman BOND of 39th, Vice Chairman ROBINSON of 27th, Secretary

Shapard of 28th Stephens of 36th

COUNTY AND URBAN AFFAIRS

BUTTON of 9th, Chairman WALKER of 19th, Vice Chairman BRANTLEY of 56th, Secretary

Bell of 5th Paulk of 13th

DEFENSE AND VETERANS AFFAIRS

RUSSELL of 10th, Chairman ROBINSON of 27th, Vice Chairman EVANS of 37th, Secretary

Hudgins of 15th Hudson of 35th

EDUCATION

CARTER of 14th, Chairman SUMMERS of 53rd, Vice Chairman FOSTER of 50th, Secretary
Dean of 31st Johnson of 34th Scott of 43rd

Shapard of 28th Starr of 44th Stumbaugh of 55th Tate of 38th Timmons of llth

Primary and Secondary Subcommittee

SHAPARD of 28th, Chairman Johnson of 34th Starr of 44th

Summers of 53rd Tate of 38th

Vocational and Technical Subcommittee

TIMMONS of llth, Chairman Dean of 31st Foster of 50th

Scott of 43rd Stumbaugh of 55th

HIGHER EDUCATION

Doss of 52nd, Chairman TRAYLOR of 3rd, Vice Chairman BELL of 5th, Secretary
Ballard of 45th

Banks of 17th Broun of 46th Langford of 51st Tysinger of 41st

Science-and Technology Subcommittee

TYSINGER of 41st, Chairman Broun of 46th

Traylor of 3rd

MONDAY, JANUARY 10, 1977

37

HUMAN RESOURCES

HOWARD of 42nd, Chairman FINCHER of 54th, Vice Chairman GREENE of 26th, Secretary
Bond of 39th Brantley of 56th Brown of 47th

Duncan of 30th Hudson of 35th Kidd of 25th Lester of 23rd Shapard of 28th

Mental Health Subcommittee

DUNCAN of 30th, Chairman Brown of 47th

Lester of 23rd Shapard of 28th

Physical Health Subcommittee

FINCHER of 54th, Chairman Hudson of 35th

Kidd of 25th

Social Services and Vocational Rehabilitation Subcommittee

BRANTLEY of 56th, Chairman Bond of 39th

Greene of 26th

INDUSTRY, LABOR AND TOURISM

BALLARD of 45th, Chairman PEARCE of 16th, Vice Chairman SCOTT of 43rd, Secretary
Foster of 50th

Hill of 29th Stephens of 36th Tysinger of 41st

Tourism Development Subcommittee

STEPHENS of 36th, Chairman Foster of 50th Hill of 29th

Scott of 43rd Tysinger of 41st

INTERSTATE COOPERATION

HILL of 29th, Chairman FINCHER of 54th, Vice Chairman ELDRIDGE of 7th, Secretary

McGill of 24th Overby of 49th

OVERBY of 49th, Chairman BARNES of 33rd, Vice Chairman JOHNSON of 34th, Secretary
Allgood of 22nd Ballard of 45th Banks of 17th Bell of 5th

JUDICIARY
Evans of 37th Greene of 26th Howard of 42nd Langford of 51st Pearce of 16th Stumbaugh of 55th Wessels of 2nd

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JOURNAL OF THE SENATE,

PEABCE of 16th, Chairman Allgood of 22nd Greene of 26th

Civil Subcommittee
Howard of 42nd Johnson of 34th Langford of 51st

BANKS of 17th, Chairman Ballard of 45th Barnes of 33rd Bell of 5th

Criminal Subcommittee
Evans of 37th Stumbaugh of 55th Wessels of 2nd

Law Enforcement Subcommittee

BELL of 5th, Chairman Ballard of 45th

Langford of 51st

NATURAL RESOURCES AND ENVIRONMENTAL QUALITY

GILLIS of 20th, Chairman HUDSON of 35th, Vice Chairman ENGLISH of 21st, Secretary
Dean of 31st Howard of 42nd

Timmons of llth Traylor of 3rd Turner of 8th Walker of 19th

Game and Fish Subcommittee

DEAN of 31st, Chairman Howard of 42nd

Hudson of 35th

Parks and Historical Sites Subcommittee

ENGLISH of 21st, Chairman Traylor of 3rd

Walker of 19th

Resources and Environmental Control Subcommittee

TIMMONS of llth, Chairman

Turner of 8th

OFFENDER REHABILITATION

KENNEDY of 4th, Chairman FOSTER of 50th, Vice Chairman PAULK of 13th, Secretary

Eldridge of 7th Greene of 26th Summers of 53rd

Penal and Correctional Institutions Subcommittee

FOSTER of 50th, Chairman Paulk of 13th

Summers of 53rd

Probation, Pardons and Paroles Subcommittee

GREENE of 26th, Chairman

Eldridge of 7th

MONDAY, JANUARY 10, 1977

39

PUBLIC UTILITIES

BROWN of 47th, Chairman DEAN of 6th, Vice Chairman ALLGOOD of 22nd, Secretary

Reynolds of 48th Tysinger of 41st

SUMMERS of 53rd, Chairman TATE of 38th, Vice Chairman COVERDELL of 40th, Secretary

RETIREMENT
English of 21st Thompson of 32nd

ELDKIDGE of 7th, Chairman RILEY of 1st, Vice Chairman REYNOLDS of 48th, Secretary
Barker of 18th Barnes of 33rd Carter of 14th

RULES

Coverdell of 40th Holloway of 12th Johnson of 34th Kidd of 25th Pearce of 16th Sutton of 9th

BARNES of 33rd, Chairman Barker of 18th Coverdell of 40th

Audit Subcommittee
Eldridge of 7th Reynolds of 48th

Enrolling and Journals Subcommittee

JOHNSON of 34th, Chairman Carter of 14th

Coverdell of 40th

Senate Administrative Affairs Subcommittee

BARKER of 18th, Chairman Holloway of 12th

Riley of 1st

TRANSPORTATION

REYNOLDS of 48th, Chairman DEAN of 31st, Vice Chairman WBSSELS of 2nd, Secretary
Allgood of 22nd

Barnes of 33rd Brown of 47th Evans of 37th

Highways and Motor Vehicles Subcommittee

DEAN of 31st, Chairman Barnes of 33rd

Brown of 47th

State Ports Subcommittee

WESSELS of 2nd, Chairman Allgood of 22nd

Evans of 37th

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JOURNAL OF THE SENATE,

The President read the following communication regarding his appointment
of the Senate Committee on Economy, Reorganization and Efficiency in Gov ernment:

OFFICE OF LIEUTENANT GOVERNOR 418 State Capitol
Atlanta, Georgia 30334 January 10, 1977

Mr. Hamilton McWhorter Secretary of the Senate Room 353, State Capitol Atlanta, Georgia 30334

Dear Hamilton:

Pursuant to the authority of Georgia Laws 1963, page 486, as amended by Georgia Laws of 1964, page 744, and Georgia Laws of 1975, page 1327, I am appointing the following Senators to be members of the Senate Committee on Economy, Reorganization and Efficiency in Gov ernment:

Honorable Ed Barker, Honorable Julian Bond, Honorable Roscoe Dean, Honorable Culver Kidd, Honorable Beverly Langford, Honorable Jimmy Paulk, Honorable Lee Robinson, Honorable Henry Russell, Honorable Tom Scott, Honorable Jack Stephens, Honorable Mell Traylor and Honorable Charles Wessels.

Further pursuant to the same authority I am designating Honorable Beverly Langford as Chairman, Honorable Culver Kidd as Vice Chair man and Honorable Julian Bond as Secretary of said Committee.

Thank you for this assistance.

Sincerely,
/a/ Zell Zell Miller

The following resolution of the House was read and adopted:

HR 2. By Representative Murphy of the 18th 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 Starr of the 44th, Foster of the 50th, Russell of the 10th, Fincher of the 54th, Dean of the 31st and Brantley of the 56th.

MONDAY, JANUARY 10, 1977

41

The following resolution of the Senate was read and adopted:

SR 4. By Senators Johnson of the 34th, Stumbaugh of the 55th, Barnes of the 33rd and others:
A resolution commending Robert Edward "Ted" Turner, III.

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 11:25 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia Tuesday, January 11, 1977

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 Johnson of the 34th 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 bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 1. By Senator Sutton of the 9th:
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 2. 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; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 3. By Senators Robinson of the 27th, Stumbaugh of the 55th, Thompson of the 32nd and others:
A bill to provide for the review, continuation, reestablishment or termi nation of certain regulatory agencies of the executive branch of the State government; to provide for a short title; to provide for a definition. Referred to Committee on Consumer Affairs.

SB 4. By Senators Starr of the 44th, Robinson of the 27th, Foster of the 50th and others:
A bill to provide for the review, continuation, reestablishment or termi nation of certain regulatory agencies of the executive branch of the State government; to provide for a short title; to provide a definition. Referred to Committee on Consumer Affairs.

TUESDAY, JANUARY 11, 1977

43

SB 5. By Senator Barnes of the 33rd:
A bill to amend an Act to prohibit the obtaining of or attempt to obtain certain settlements, releases, or statements from certain injured persons, so as to extend the provisions of said Act with respect to such settle ments, releases, or statements from certain injured persons, who have not been confined to hospitals or sanitariums. Referred to Committee on Judiciary.

SB 6. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 105-13, relating to wrongful death, as amended, so as to provide that exemplary damages may be awarded, under certain circumstances, in an action instituted with respect to the homi cide of a husband, parent, wife, mother, or child. Referred to Committee on Judiciary.

SB 7. By Senator Barnes of the 33rd:
A bill to amend an Act to provide a salary from State funds for each district attorney of the superior courts, as amended, so as to permit district attorneys to engage in the private practice of law. Referred to Committee on Appropriations.

SB 8. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 30-10, relating to divorce and alimony, as amended, so as to require consent of both parties prior to the granting of a total divorce based upon the ground that the marriage is irretriev ably broken. Referred to Committee on Judiciary.

SB 9. By Senators Barnes of the 33rd and Foster of the 50th:
A bill to regulate partnerships in a uniform manner; to provide a short title; to define certain terms; to provide for the interpretation of certain terms; to provide rules of construction; to define the nature of partner ship ; to provide rules for determining the existence of a partnership. Referred to Committee on Judiciary.
SB 10. By Senator Barnes of the 33rd:
A bill to provide that any person who sells an alcoholic beverage to an intoxicated person shall be liable for injuries thereafter caused by the intoxicated person; to provide certain limitations with respect to such liability; to require the giving of notice. Referred to Committee on Judiciary.

SB 11. By Senators Turner of the 8th, Sutton of the 9th and Russell of the 10th: A bill to fix the terms of the superior courts of the Southern Judicial

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JOURNAL OF THE SENATE,

Circuit in the counties comprising said circuit; to provide an effective date.
Referred to Committee on Judiciary.

SB 12. By Senators Turner of the 8th and Eldridge of the 7th:
A bill to add one additional judge of the superior courts of the Alapaha 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 13. By Senator Turner of the 8th:
A bill to amend an Act providing for the review of assessments made by county boards of tax assessors, as amended, so as to change certain provisions relative to providing notice of decisions by the board of equalization. Referred to Committee on Banking, Finance and Insurance.

SB 14. By Senators Foster of the 50th and Barnes of the 33rd:
A bill to provide for legislative overview 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. Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 15. By Senators Robinson of the 27th, Howard of the 42nd and Coverdell of the 40th:
A bill to be known as the "Georgia Financial Disclosure Act of 1977"; to provide for a short title; to provide for a declaration of policy; to provide for definitions. Referred to Committee on Rules.
SB 16. By Senators Robinson of the 27th, Greene of the 26th and Barker of the 18th:
A bill to regulate the business of repairing, servicing and maintaining electronic equipment; to provide for a short title; to provide for defi nitions; to provide for the registration of electronic repair service dealers. Referred to Committee on Consumer Affairs.
SB 17. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to make certain technical corrections; to change the

TUESDAY, JANUARY 11, 1977

45

provisions relating to the jurisdiction of juvenile courts; to change the provisions relating to orders terminating parental rights.
Referred to Committee on Human Resources.

SB 18. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to comprehensively revise the adoption laws of this State; to pro vide for jurisdiction and venue in adoption proceedings; to define who may adopt children; to require surrender or termination of parental rights prior to adoption except in certain cases; to set forth the require ments and form of a surrender of parental rights.
Referred to Committee on Human Resources.

SB 19. By Senators Johnson of the 34th, Banks of the 17th, Barnes of the 33rd and others:
A bill to provide that it shall be unlawful to transmit in any manner a request for ambulance service to any person, firm or corporation furnish ing such ambulance service, public or private, knowing at the time of making such request that there exists no reasonable need for such ambu lance service.
Referred to Committee on Judiciary.

SB 20. By Senators Holloway of the 12th, Barnes of the 33rd, Duncan of the 30th and others:
A bill to amend Code Section 84-1101, relating to the definition of optometry, as amended, so as to permit the use of pharmaceutical agents for diagnostic purposes by optometrists; to provide an effective date. Referred to Committee on Human Resources.

SB 21. By Senators Eldridge of the 7th and Riley of the 1st:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, as amended, so as to change the mem bership of the Committee; to provide an effective date. Referred to Committee on Rules.

SB 22. By Senators Thompson of the 32nd, Hudgins of the 15th, Eldridge of the 7th and others:
A bill to amend Code Title 67, relating to mortgages, conveyances to secure debt, and liens, so as to revise said Code Title; to provide for liens for certain services; to change the amount for which certain liens may be claimed. Referred to Committee on Banking, Finance and Insurance.

SB 23. By Senators Duncan of the 30th, Carter of the 14th, Hill of the 29th and others:
A bill to amend an Act establishing the Teachers' Retirement System,

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JOURNAL OF THE SENATE,

as amended, so as to provide for additional postretirement benefit ad justments to the extent that funds are appropriated therefor.
Referred to Committee on Retirement,

SB 24. By Senator Tysinger of the 41st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that persons who have reached a certain age at the time of their employment may reject membership in the retirement system. Referred to Committee on Retirement.

SB 25. 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 Retirement.

SR 5. By Senators Tate of the 38th and Barker of the 18th:
A resolution designating January 20, 1977, as a public and legal holiday. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
SR 6. By Senator Tate of the 38th: A resolution to ratify the Equal Rights Amendment to the United States Constitution.
Referred to Committee on Judiciary.
SR 7. By Senators Riley of the 1st, Holloway of the 12th and Eldridge of the 7th: A resolution to repeal a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, as amended.
Referred to Committee on Rules.
SR 8. By Senators Banks of the 17th, Riley of the 1st, Howard of the 42nd and others: A resolution to ratify the Equal Rights Amendment to the United States Constitution.
Referred to Committee on Judiciary.
SR 11. By Senator Barnes of the 33rd: 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

TUESDAY, JANUARY 11, 1977

47

propose, by initiative petition, statutes and amendments to statutes and amendments to the Constitution and to enact or reject them at the polls.
Referred to Committee on Judiciary.

SR 12. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution, so as to provide for determination of the county in which certain suits against persons who cease to be residents of this State shall be tried; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.

SR 13. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of members of the General Assembly; to pro vide for the submission of this amendment for ratification or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 14. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide for the recall of State, county, and municipal public officials who hold elective office; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 16. By Senators Tate of the 38th, Eldridge of the 7th, Lester of the 23rd and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of members of the General Assembly; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Economy, Reorganization and Efficiency in Government.

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

Allgood Ballard Banks Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan

Eldridge English Evans Pincher Foster Gillis Greene Hill

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JOURNAL OF THE SENATE,

Holloway (presiding)
Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby

Paulk
Pearce Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh

Summers
Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Senator Scott of the 43rd introduced the chaplain of the day, Dr. Gene Tyre, pastor of the Rainbow Park Baptist Church, Decatur, Georgia, who offered 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 resolutions of the House, to-wit:
HR 5. By Representatives Murphy of the 18th, Connell of the 87th, 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 Speaker has appointed a Committee of Escort on the part of the House, the following members thereof:

Representatives Adams of the 79th, Baugh of the 108th, Lane of the 81st, Daugherty of the 33rd, Evans of the 84th, Hatcher of the 131st and Phillips of the 91st.

HR 6. By Representatives Murphy of the 18th, Connell of the 87th, 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 Speaker has appointed a Committee of Escort on the part of the House, the following members thereof:

Representatives Beck of the 148th, Chance of the 129th, Dent of the 85th, Rush of the 121st, Gammage of the 17th, Sizemore of the 136th and Peters of the 2nd.

TUESDAY, JANUARY 11, 1977

49

HR 16. By Representative Linder of the 44th: A resolution designating Georgia Dental Health Day.

The following resolutions of the Senate were read and adopted:

SR 9. By Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and 53 other Senators:
A resolution congratulating the Honorable Jimmy Carter upon his election as President of the United States and extending to him the best wishes and good will of the People of the State of Georgia.

SR 10. By Senator Tate of the 38th: A resolution commending Mrs. Geneva Haugabrook.

SR 15. By Senators Kennedy of the 4th, Summers of the 53rd, Tate of the 38th and others:
A resolution commending Dr. Alien L. Ault.

The following resolutions of the House were read and adopted:

HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others: A resolution calling a Joint Session of the House of Representatives and the Senate at 11:45 o'clock A.M. on January 11, 1977, for the purpose of hearing the State of the State message from the Governor at 12:00 o'clock Noon.
The President appointed as a committee of escort on the part of the Senate the following: Senators Banks of the 17th, English of the 21st, Riley of the 1st, Foster of the 50th, Overby of the 49th, Gillis of the 20th and Starr of the 44th.
HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others: A resolution calling a Joint Session of the House of Representatives and the Senate at 11:45 o'clock A.M. on January 13, 1977, for the purpose of hearing the Budget message from the Governor at 12:00 o'clock Noon.
The President appointed as a committee of escort on the part of the Senate the following: Senators Shapard of the 28th, Carter of the 14th, Bond of the 39th, Greene of the 26th, Evans of the 37th, Stephens of the 36th and Walker of the 19th.
HR 16. By Representative Linder of the 44th:
A resolution designating Georgia Dental Health Day.

50

JOURNAL OP THE SENATE,

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

EXECUTIVE DEPARTMENT The State of Georgia Executive Order

By the Governor:

ORDERED:

That Honorable Terrell Starr of the 44th Senatorial District be and he is hereby appointed Administration Floor Leader of the Senate, to serve at the pleasure of the Governor.

IT IS FURTHER

ORDERED:

That Honorable Beverly Langford of the 51st Sena torial District and Honorable Pierre Howard of the 42nd Senatorial District be and they are hereby ap pointed Assistant Administration Floor Leaders of the Senate, to serve at the pleasure of the Governor.

This 10th day of January, 1977.

/s/ George Busbee Governor

ATTEST:
/s/ Norman L. Underwood Executive Secretary

Senator Riley of the 1st moved that the Senate recess at 10:40 o'clock A.M. until 11:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State message by His Excellency, Governor George Busbee, and that the Senate stand adjourned immediately upon dissolution of the Joint Session 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, 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, Governor George Busbee, was called to order by the President of the Senate. HR 5, autho rizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor George Busbee, addressed the Joint Session of the Senate and House of Representatives as follows:
Lieutenant Governor Miller, Speaker Murphy, Ladies and Gentlemen of the General Assembly. It has been a year since I formally discussed

TUESDAY, JANUARY 11, 1977

51

with you the condition of our State. It has been a special year in our history. . . . and a significant year for the South.

My predecessor and your former colleague was chosen by this Nation as its Chief Executive. All of us prayerfully extend to him our best wishes as he works to establish a new order and a new policy in Wash ington.

I think it's fair to speculate that when historians of the future write about America and the South they will.label 1976 as a pivotal year. ... a peg in history on which to hang large and small events.

The political events of 1976 symbolize that a tide of change has been blowing across America . . . the kind of change that has economic as well as political meaning. It affects the South most directly and is especially focused in our State. Whether we welcome these events and trends . . . whether we regret them ... or try to view them with indifference . . . one thing is certain ... it would be a major oversight to try to assess the State of our State without recognizing that we have a different posture than we've ever had before in the national scheme of things.

Partly because of a special brand of progress that has been growing in this City and State for the last two decades . . . partially because of some favorable historical forces over which none of us has any control . . . and partially because of the national political developments of last year . . . our people . . . our way of handling public matters . . . our customs .... will be viewed for awhile as being symbolic of our region . . . and perhaps more importantly as symbols of a country that has at long last united its states in fact as well as in name.

As we proceed in this Session with the practical business of oper ating the State government . . . setting State policy . . . and allocating State resources ... let us all be fully conscious of this extra dimension of our responsibility.

Before we get into a discussion of the affairs of State government .... I want to congratulate all of you on your electoral successes last Fall. For those of you who took the oath of office for the first time in these Chambers yesterday ... I especially want to congratulate you and welcome you into State government.

To those of you who are returning after serving one or many terms . . . and this group includes the closest friends I've ever had ... let us remember again this year that while our Constitution wisely assigns separate roles to the Executive and Legislative Branches of govern ment . . . we have a common duty to the people.

During this administration we have worked in a climate of mutual respect. I have not shifted Executive decisions to the Legislature nor avoided responsibility for those decisions.
We have not played the game of trying to label one branch of

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government as the "spending" branch and another as the "saving" branch.

We have not played the "credit" game to see who gets political credit for popular causes . . . and the political blame for unpopular decisions.
That spirit of cooperation . . . that willingness to work together ... is a major factor in the sound condition of our State today . . . and I want you to know that I appreciate the job you've done.

Again this Session I pledge my cooperation . . . and I ask for yours. Again this Session may we not be rivals for power . . . but let us be partners in progress.
I have placed on your desk this morning a 160 page Policy Statement. In a sense this is an accounting to you and the people of the State of my management of the Executive Branch of State government.
I hope you will read it with some attention because it is a more complete recital of the condition of your State than would be practical for me to give in these remarks.
On Thursday I will present to you a summary of the budget which I have proposed. Once again my budget proposal is the cornerstone of my program for this Session. In both my budget and non-budget pro posals ... I have tried to tailor a program which is in phase with our economic recovery.
I believe a national recovery has begun . . . but we must proceed with caution and fiscal responsibility must be the prevailing principle of this Session.

During the Special Session of 1975 and in the last regular Session we used an expression a lot which is not very poetic . . . but it's very descriptive of the process we went through. We looked at all the requests for appropriations and said we had "to bite the bullet". Since the early Pall I've been looking at requests once more and looking at revenues . . . and I have to advise you that this is not the Session to lose your taste for "the bullet".

But it will be a session ... I believe ... in which we don't have to spend all of our time and effort just keeping our governmental house in order . . . and we can begin to look a little further into the future.

The first year of my administration was in every sense of the word an austerity year. We had to tread water. We had to cut employees . . . we had to cut every frill we could uncover . . . we had to close parks ... to delay road maintenance ... to cancel the kindergarten expansion we worked for . . . and to delay salary adjustments.

During the first half of 1976 we continued those austerity measures

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53

and in the last half of the year . . . we began a cautious transition out of a period of austerity.

I'm trying to make sure that we don't resume some of our preausterity habits. We're going to add employees only when I'm con vinced that the job can't be done with what we have. We have tried very hard to eliminate the old attitude that the way you get ahead in govern ment is to play the game called "build up your bureau".

As we move away from the term "austerity program" let us carry with us some of the lessons of that period. Let us convey to every State employee, whether his rank is high or low, that he will be judged by the job he does . . . not by his title . . . the size of his staff . . .. the size of his office ... or the size of his budget.

Today State finances are in good order . . . our credit worthiness . . . our standing in the financial community . . . are all good.

Because we had unity of purpose during a period of economic diffi culty we avoided financial pitfalls which would have impaired our financial standing for generations to come. That is an accomplishment of which we can all be proud.

But as we start a new Session today . . . two years into this ad ministration . . . those of us who will together write the record of this administration . . . want that record to reflect more than that we avoided mistakes. We want it to reflect more than that we operated the machinery of government well.

We want it to reflect that even though we were an administration of limited resources . . . we were an administration of vision. We want it to reflect that with our limited resources we left some sign posts to a brighter future.

With our limited resources we can't start a lot of expensive new programs this year . . . but within practical limits we can break some new ground . . . and we can look ahead and try to identify some of the practical tools that will be needed for good government . . . and provide those tools.

During this Session we need to begin the long and crucial process of revising our State Constitution.

The State Constitution goes deep to the roots of effective govern ment. Ours has served us rather well through the years, but through a long series of piecemeal amendments we have built up a highly complex document with a patchwork of legal provisions, many of which are
antiquated.

As we all know, there have been repeated attempts during the last 15 years to revise the State Constitution. Experience has shown the virtual impossibility of successfully amending the Constitution in one comprehensive effort.

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But last November the people approved an editorial revision of the Constitution which now makes it possible for us to come to practical terms with the revision process.

We can and we should now proceed to modernize the Constitution Article by Article on a schedule which is orderly and workable. This, of course, is a major undertaking. It will be necessary for the State government and the people to face up to some searching questions.

I will give you just two examples of the kind of questions we must be prepared to deal with in revising the Constitution. In the area of governmental operations . . . we should ask is it necessary and proper for us to continue to use the mechanism of "authorities" to operate various State facilities? In a broader sense ... is our system of taxation . . . particularly our methods and concept of ad valorem taxation as equitable as any system we can prescribe?
In my judgment the key to a successful Constitution revision effort is to have an efficient and creditable management mechanism to plan the revision schedule ... to choose the order of submission of the Articles to the people ... to focus public attention and support upon the process.

I believe the best management mechanism would be a Select Com mittee created by a joint Resolution of the House and Senate which would include the top elected officials of all three branches of the State government.

I would think a realistic goal to set would be to have substantially completed the process after submitting proposed Amended Articles to the people in three different General Elections.

I hope you will join me in a strong commitment to the long delayed task of modernizing our Constitution.
Last year at this time I told you that we needed to take some directional bearings in the field of education to try to determine where we are now . . . and which way we are headed. In the last year we've been doing that. The Lt. Governor and I are chairing a Task Force which has worked with the Department of Education and all the educa tional interests in the State to make an appraisal of our progress in education.
What has come out of the Task Force is a set of practical recom mendations that call for some catching up ... as well as for breaking some new ground.
The top priority of the Task Force was the need for continued progress toward a statewide kindergarten program. There can be no serious doubt that a kindergarten program is the foundation upon which real excellence in education must be built.

I have recommended continued expansion of our kindergarten pro gram.

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55

I would like to say at this point that all of us who participate in the political process are accused from time to time of crusading for those causes that have appeal to the voters. I'll confess that I'm a crusader for kindergarten.

I want the record to show that education is the top priority of my administration . . . and I'm not going to rest until we are well on our way to having a kindergarten program so that not only the children of the upper class who go to private kindergarten . . . and not only the few children from deprived families who are in the "headstart" program but all the young people of this State can start to school with as good a chance of success as any other boy or girl in America.

I hope you will join me in that commitment and I hope you will look closely at all the proposals in my education package.

Government will not rise above the quality of the people who com prise it. Administration will not be any better than administrators. Education can be no better than educators. That's why I believe the expenditures I am proposing for salary adjustments are prudent ex penditures.

I am talking today about fixing a course for the future . . . and we want that to be a steady course of improvement.

That won't be possible without talented employees and teachers. To keep the salaries of these public servants so low that we can't command talent would simply be poor economics.
You will have before you this Session some legislation dealing with lobbying. I believe we can perfect a bill that will strike a proper balance between the right of any citizen to express his position on legislation . . . and the right of the public to know who has a special interest in legislation and how far that interest goes.
One of the matters to which I have devoted a great deal of time during my administration has been economic development. What do we mean when we use the term "economic development"? It has a broad range of implications . . . but basically it means providing those things that make it possible for the people of the State to have a better lifej Education is a part of it ... transportation is a part of it ... the quality of government is a part of it ... the number of industrial jobs in the State and the number of tourist dollars spent in the State . . . are big parts of it.
There are no effective gimmicks in the economic development process . . . there are no magic formulas by which State government can drastically speed up the process. It's a highly competitive enterprise that has to be worked at every day of every year. We are working at it in this administration.

The program I have submitted reflects an increased commitment to funding economic development efforts including an increased emphasis

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on tourism. In addition to that commitment I will ask you to approve the creation of an Institute of International Commerce to be operated in conjunction with the World Congress Center . . . and I hope you will signify by your support for these programs that the State of Georgia has a strong . . . meaningful commitment to economic develop ment.

We need to break some new ground in the area of government operations by adopting a proposal which is known as a Sunset law. This is a concept which recognizes that a government agency may not need or deserve perpetual existence just because it was a good idea at the time of its creation. For too long it has been easier to give birth to a government agency than to bury one.

The Bill I am suggesting will initially apply to a limited number of occupational licensing boards and if the process proves workable . . . we should enlarge it in the future.
(As you know, a few years ago we adopted the Sunshine law and it has become one of the most talked about statutes in our Code . . . and I hope you will devote some attention to this Sunset law. But I want to say parenthetically right here that if anybody introduces a Bill and calls it the Sunrise law . . . I'm going to veto it on the grounds that we have carried this terminology far enough.)
I recommend to you that we break some new ground in the wise use of our natural resources by adopting this Session a Surface Water Management Act.
This legislation will establish an orderly and sensible method of regulating the withdrawal and diversion of large quantities of water from our streams. Our water supply is one of our most precious natural resources and I urge you to favorably consider this legislation.
You will have before you a recommendation to remove the Medicaid Program from the Human Resources Department. This recommendation is the culmination of many months of effort. In carrying out the mandate which you gave me last year to make an internal reorganization of the Human Resources Department ... I determined the size and complexity and nature of the Medicaid Program is such that its operation and management is a distinct kind of undertaking from the management of the other programs in the Department.
I am therefore recommending that you approve the measure to make it an independent agency and I believe this will be a major step in the continuation of the process of making a responsible, businesslike oper ation out of our Medicaid Program.
A strong State depends upon the strength of its local communities and local governments. I am a believer in the principal of local determina tion . . . without State interference.
But I don't think the State can afford to stand aloof from local government and local problems. Once again it is a question of finding the proper balance.

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57

When the town of Plains found itself befallen with new problems and opportunities we put together a special task force to coordinate the State's effort to help with local problems. We don't have an agency that has as its main mission bridging the gap between what the State has and what local governments need.

The Intergovernmental Relations Council, which is made up of representatives of counties, cities and the legislature, has identified this as a real need of State government.

I am going to submit a proposal to you to remove the Community Affairs Bureau from the Department of Industry and Trade and give it this responsibility as an agency. This will not require any additional administrative support but it will give local governments an effective, continuing bridge to State government.

On this matter of the State's interest in and relationship to local problems ... I want to make a somewhat unusual request of one particular legislative delegation.

I make this request of the delegation from Fulton County because any thoughtful observer would agree that the governmental health and vitality of your county is a major factor in the health and vitality of Georgia. It is the domicile of State government and a focal point for our economy.

During the two years of my administration, I have repeatedly been asked by local officials, citizens and some legislators to have the State play a role in dealing with the complex local problems which confront a modern urban county which Pulton has become.

These suggestions have ranged from "abolish Atlanta", to "expand Atlanta", to "build a wall around Atlanta".

In listening to the suggestions I've received it would be easy to think that the State is being asked to reconcile the irreconcilable and solve the insoluble.

Yesterday and today some of you have given me copies of bills that affect Fulton County and raise extremely complex questions about financing local government.

It has been suggested to me on numerous occasions that it would be responsible for me to appoint a special Commission of legislators and citizens and to have the State provide some staff support for a thorough, meaningful study of government services in Fulton County which would lead to a set of recommendations as to how those services
should be provided.

I hold no brief for any particular solution to these problems. But I know from twenty years experience in this Capitol that a study is worthless unless the people who have to vote on it want it and have confidence in the way it originates.

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I'm not looking for unanimity . . . but before we allocate the resources to do this study I would like to have a good faith expression from those of you in the delegation that serious use will be made of this study and that it won't just gather dust on a shelf.

If this is something that you want done for your County I will assure you of my best efforts to appoint a fair and impartial commission and to see that it has the necessary staff to conduct a high quality study.

In closing let me say that its more than political politeness that prompts me to say that I have a high respect and almost a reverence for these Chambers and what they represent.

For twenty years, I've seen the needs and aspirations of the people converge here in the plain spoken words of men and women . . . from small towns . . . cities . . . from the farms and factories of Georgia.

I've seen you and your predecessors work hard in these Chambers . . . and fight hard . . . not just for bills but for ideals.

That's why I begin another year in State government with a great deal of enthusiasm and excitement and faith in the future of our 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 the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

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59

Senate Chamber, Atlanta, Georgia Wednesday, January 12,1977

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

Senator Johnson of the 34th 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 bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 26. By Senators Tate of the 38th, Foster of the 50th, Hudgins of the 15th 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 from a one-way street onto a one-way street on which the traffic moves toward the driver's left, under certain condi tions.
Referred to Committee on Transportation.

SB 27. By Senators Tate of the 38th, Foster of the 50th, Hudgins of the 15th and others:
A bill to amend an Act providing sick leave for the teachers of the public schools of this State, as amended, so as to provide that grant of approval for use of certain accumulated teacher sick leave shall not be conditioned or denied based upon failure or refusal to disclose the purpose for which such leave is sought. Referred to Committee on Education.

SB 28. By Senators Tate of the 38th, Foster of the 50th, Kennedy of the 4th and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to retirement benefits; to provide for other matters relative to the foregoing; to provide how this Act shall become effective.
Referred to Committee on Retirement.

SB 29. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others:
A bill to provide jury leave for persons employed as teachers in the

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public schools of this State; to provide for payment of compensation during any period of such leave.
Referred to Committee on Education.

SB 30. By Senators Tate of the 38th, Kidd of the 25th, Lester of the 23rd and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to permit certain members to establish retirement credit for periods of membership in an independent county retirement system or fund.
Referred to Committee on Retirement.

SB 31. By Senators Reynolds of the 48th, Barnes of the 33rd and Greene of the 26th:
A bill to provide that it shall be unlawful for any motor vehicle other than law enforcement vehicles, to be operated with flashing or revolving blue lights. Referred to Committee on Transportation.

SB 32. By Senators Reynolds of the 48th, Barnes of the 33rd and Greene of the 26th:
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 mun icipality.
Referred to Committee on Transportation.

SB 33. By Senators Reynolds of the 48th, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Chapter 92-69, relating to county boards of tax assessors, as amended, so as to provide an alternative method of as certaining the just valuation of property when the owner elects to challenge the value fixed as provided by law for purposes of ad valorem taxation.
Referred to Committee on Banking, Finance and Insurance.

SB 34. By Senators Kennedy of the 4th, Foster of the 50th, Overby of the 49th and others:
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 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.
Referred to Committee on Offender Rehabilitation.

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61

SB 35. By Senator Kennedy of the 4th:
A bill creating and establishing a Small Claims Court for Evans County, Georgia, to be known as the Small Claims Court of Evans 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.

SB 36. By Senator Thompson of the 32nd:
A bill to provide for indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is killed or has been killed in the line of duty subsequent to January 1, 1973; to provide for purpose. Referred to Committee on Judiciary.

SB 37. By Senators Russell of the 10th, Kidd of the 25th, Dean of the 6th and others:
A bill to amend an Act known as the "Georgia Barber Act", so as to change the composition of the Georgia State Board of Barbers; to change the manner of appointment of Board members.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 38. By Senators McGill of the 24th, Turner of the 8th and English of the 21st:
A bill to amend an Act prohibiting the feeding of garbage to swine, so as to deem providers of garbage also culpable and responsible for the feeding of garbage to swine by persons, firms, partnerships, corporations, associations, agencies, departments or other entities in violation of the aforesaid Acts.
Referred to Committee on Agriculture.

SB 39. By Senators Pearce of the 16th and Hudgins of the 15th:
A bill to amend an Act entitled "An Act to provide for the inspection of public records; to provide for photographing public records; to repeal conflicting laws; and for other purposes.", as amended. Referred to Committee on Judiciary.

SB 40. By Senators Pearce of the 16th, Banks of the 17th and Barnes of the 33rd:
A bill to amend Code Section 105-1301, relating to the definition of the term "homicide" as related to provisions concerning wrongful death, so as to permit the institution of a wrongful death action when the death resulted from certain causes.
Referred to Committee on Judiciary.

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SB 41. By Senators Duncan of the 30th and Lester of the 23rd:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to the composition of the Board of Trustees. Referred to Committee on Retirement.

SB 42. By Senators Turner of the 8th, McGill of the 24th and Russell of the 10th:
A bill to amend Code Title 62, relating to livestock, as amended, so as to substantially revise and supersede the Code Chapter 62-12, relating to suppression and prevention of hog cholera, as amended. Referred to Committee on Agriculture.

SB 43. By Senators Coverdell of the 40th, Howard of the 42nd and Riley of the 1st:
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. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 44. By Senators Starr of the 44th, Gillis of the 20th, Holloway of the 12th and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act", as amended, so as to amend the policy declared; to require the establishment or revision of permissible limits of surface water usage; to provide the Georgia Environmental Protection Division with certain powers in dealing with the United States regarding management and allocation of the State's surface water resources.
Referred to Committee on Natural Resources.

SB 45. By Senators Kidd of the 25th, Russell of the 10th, McGill of the 24th and others:
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 provide that the State Personnel Board shall not adopt a Statewide Classification Plan prior to April 1, 1978.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 46. By Senators Kidd of the 25th, McGill of the 24th, Bond of the 39th and others:
A bill to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, as amended, so as to

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63

provide for licensure of certain persons licensed as master cosmetol ogists in other states.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 47. By Senators Kidd of the 25th, Bond of the 39th, McGill of the 24th and others:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for the duties of poll managers after the close of polls in districts in which vote recorders are used; to provide for procedures at the tabulation center.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 48. By Senators Kidd of the 25th, Traylor of the 3rd, Russell of the 10th and others:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for the duties of poll managers after the close of the polls in districts in which vote recorders are used.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 49. By Senators Kidd of the 25th, Traylor of the 3rd, McGill of the 24th and others:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for applications for absentee ballots; to provide for the processing of applications for absentee ballots; to provide for the control of application forms.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 50. By Senators Kidd of the 25th, Traylor of the 3rd, McGill of the 24th and others:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for applications for absentee ballots; to provide for the counting of absentee ballots.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 51. By Senators Kidd of the 25th, McGill of the 24th, Dean of the 6th and others:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for challenges to the right to vote of any person.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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SB 52. By Senators Kidd of the 25th, McGill of the 24th, Bond of the 39th and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to change the provisions relating to proof of insurance. Referred to Committee on Transportation.

SB 53. By Senators Kidd of the 25th, McGill of the 24th, Bond of the 39th and others:
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.
Referred to Committee on Transportation.

SB 54. By Senator Barker of the 18th:
A bill to amend Code Section 93-307, relating to the jurisdiction of the Public Service Commission, so as to provide that the Public Service Commission shall have jurisdiction and authority to prescribe, promul gate and enforce reasonable rules and regulations relating to the safety, health and welfare of railroad employees.
Referred to Committee on Public Utilities.

SB 55. By Senator Barnes of the 33rd:
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. Referred to Committee on Judiciary.
SB 56. 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 57. 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. Referred to Committee on Education.

SB 58. 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. Referred to Committee on Judiciary.

WEDNESDAY, JANUARY 12, 1977

65

SB 59. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-1701, relating to summons for pur poses of the Juvenile Court Code, as amended, so as to provide in certain cases for an extension of the time period allowed between filing of the petition and the time of the adjudicatory hearing. Referred to Committee on Judiciary.

SB 60. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-2601, relating to disposition of mentally ill and mentally retarded children under the provisions of the Juvenile Court Code, as amended, so as to provide for clarification of the conditions under which a case involving a mentally retarded or mentally ill child can be disposed of. Referred to Committee on Human Resources.

SB 61. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-3101, relating to juvenile traffic offenses, so as to change the age at which a person is considered a juvenile for purposes of the provisions of the Juvenile Court Code relating to juvenile traffic offenses. Referred to Committee on Judiciary.

SB 62. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-2501, relating to transfer to other courts under the provisions of the Juvenile Court Code, as amended, so as to provide that in no event shall a child be transferred to another court unless the court makes certain findings of fact relating to a child's past conduct. Referred to Committee on Judiciary.

SB 63. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-1402, relating to release or delivery to court under the provisions of the Juvenile Court Code, as amended, so as to provide that bail should not be considered when continued detention is necessary to protect the child or others. Referred to Committee on Judiciary.

SB 64. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-2701, relating to limitations of time on orders of disposition under the provisions of the Juvenile Court Code, as amended, so as to provide that dispositional orders in cases involving deprived children continue in force until the child reaches 18 years of age or the court terminates its order.
Referred to Committee on Judiciary.

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SB 65. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-3701, relating to the appointment of a judge pro tempore under the provisions of the Juvenile Court Code, as amended, so as to provide for a redefinition of the conditions under which a judge pro tempore may be appointed. Referred to Committee on Judiciary.

SB 66. By Senator Barnes of the 33rd:
A bill to regulate the operation and conduct of motor vehicle races and exhibitions of motor vehicle driving skill and the tracks or places at which the same are held; to provide for licenses; to define certain terms. Referred to Committee on Judiciary.

SB 67. By Senators Paulk of the 13th, Holloway of the 12th, Sutton of the 9th and others:
A bill to amend Code Section 68-214, relating to five-year license plates for motor vehicles, as amended, so as to provide that such plates may also bear such figures, characters, letters or combinations thereof as in the judgment of the Revenue Commissioner will to the best advantage advertise, popularize and otherwise promote Georgia as the "Peanut State", rather than the "Peach State".
Referred to Committee on Transportation.

SR 17. By Senator Barnes of the 33rd:
A resolution creating the Minimum Sentencing Study Committee. Referred to Committee on Judiciary.

SR 18. By Senators Paulk of the 13th, Holloway of the 12th, Sutton of the 9th and others:
A resolution designating the State of Georgia as the "Peanut State". Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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

Senator Barker of the 18th District, Chairman of the Committee on Consumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs 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 recommendations:
SB 4. Do pass. Respectfully submitted, Senator Barker of the 18th District, Chairman

WEDNESDAY, JANUARY 12, 1977

67

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

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

Poster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Not answering was Senator Doss.

Senator Duncan of the 30th introduced the chaplain of the day, Reverend Mike Cordle, pastor of St. Andrews United Methodist Church, Carrollton, Georgia, who offered prayer.
Senator Langford of the 51st introduced the doctor of the day, Dr. Fleming Jolley, of Atlanta, Georgia.
The following resolution of the Senate was read and adopted:
SR 19. By Senators Holloway of the 12th and Carter of the 14th: A resolution commending the Procter & Gamble Paper Products Com pany in Albany upon completion of one million hours worked without a disabling injury.
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 47. By Representatives Wall of the 61st, Harris of the 60th and Phillips of the 59th: A bill to amend an Act establishing the State Court of Gwinnett County, approved March 24, 1937 so as to abolish the position of special investigator for the solicitor of the State Court of Gwinnett County.

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

HB 47. By Representatives Wall of the 61st, Harris of the 60th and Phillips of the 59th:
A bill to amend an Act establishing the State Court of Gwinnett County, approved March 24, 1937 so as to abolish the position of special investigator for the solicitor of the State Court of Gwinnett County. Referred to Committee on County and Urban Affairs.

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 11:05 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

THURSDAY, JANUARY 13, 1977

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Senate Chamber, Atlanta, Georgia Thursday, January 13,1977

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

Senator Johnson of the 34th 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 1. By Representative Harris of the 8th:
A bill to provide for the Georgia Building Authority through the Department of Administrative Services in addition to any other ap propriations heretofore or hereafter made, a supplementary appropria tion for the remainder of Fiscal Year ending June 30, 1977, in connec tion with Georgia Building Authority Project No. 39Y.

HB 28. By Representative Howell of the 140th:
A bill to amend an Act placing the sheriff of Early County upon an annual salary, approved Feb. 16, 1966, so as to provide that the annual salary of the sheriff of Early County shall be fixed by the governing authority of Early County.

HB 30. By Representative Howell of the 140th:
A bill to amend an Act placing the Clerk of the Superior Court of Miller County on an annual salary in lieu of the fee system of compen sation, so as to change the compensation of the clerk for his services as Clerk of the State Court of Miller County.

HB 56. By Representatives Cooper, Wilson and Kaley of the 19th, Harrison, Jackson and Nix of the 20th, and Burruss and Housley of the 21st:
A bill to amend an Act providing a new charter for the City of Powder Springs, Ga., so as to delete from said charter those provisions providing for the repeal of the charter under certain circumstances.

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

HR 13. By Representatives Johnston, Tolbert and Butler of the 56th, Clark of the 55th, Childs of the 51st and others:
A resolution creating the DeKalb County Police Retirement System Study Commission.

The House has adopted the following resolutions of the Senate:

SR 9. By Senator Lester of the 23rd and 55 other Senators:
A resolution congratulating the Honorable Jimmy Carter upon his election as President of the United States and extending to him the best wishes and good will of the people of the State of Georgia.

SR 15. By Senators Kennedy of the 4th, Summers of the 53rd, Tate of the 38th and others:
A resolution commending Dr. Alien L. Ault.

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

SB 68. By Senator Reynolds of the 48th:
A bill to create a new charter for the City of Lawrenceville; to provide for a mayor and council; to provide for their election, powers, duties and responsibilities; to provide for the administration of the affairs of said city. Referred to Committee on County and Urban Affairs.

SB 69. 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, as amended, so as to except chaplains from such prohibiting provisions under certain circumstances. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 70. By Senators Fincher of the 54th and Stumbaugh of the 55th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to credit for service in the armed forces. Referred to Committee on Retirement.

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SB 71. By Senator Kidd of the 25th:
A bill to be known as the "Joint Government Operations Committee Act"; to provide for a short title; to provide for a definition; to create the Joint Government Operations Committee; to provide for the members, personnel, funds, powers, duties and authority of the commit tee. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 72. By Senator Kidd of the 25th:
A bill to provide for the review, continuation, reestablishment or termination of certain regulatory agencies of the executive branch of the State government; to provide for a short title; to create the Joint Government Operations Committee.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 73. By Senators Stumbaugh of the 55th, Johnson of the 34th and Button of the 9th:
A bill to require State officials and employees to submit itemized ex pense accounts in order to be reimbursed for expenses; to provide for the contents of such expense accounts; to require supporting documenta tion for expenses claimed; to provide for exceptions.
Referred to Committee on Appropriations.

SB 74. By Senator Barnes of the 33rd:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change certain provisions relating to vested rights. Referred to Committee on Retirement.

SB 75. By Senator Barnes of the 33rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain posttrial proce dures in civil cases, so as to require that notice be given an adverse party prior to discovery of certain medical records and statements. Referred to Committee on Judiciary.

SB 76. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to redefine the term "motor vehicle" so as to include for purposes of the requirements of the Act certain motorcycles and vehicles having three or less load-bearing wheels. Referred to Committee on Transportation.

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SB 77. 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 78. By Senators Lester of the 23rd, Duncan of the 30th and Kidd of the 25th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the number of years of service required to qualify for retirement benefits. Referred to Committee on Retirement.

SB 79. By Senator Hudgins of the 15th:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, as amended, so as to provide that it shall be unlawful for any person to use trapping devices commonly known as "steel traps", "steel jaw traps" or "leg-hold traps" for the purpose of capturing animals except under certain circumstances.
Referred to Committee on Natural Resources and Environmental Quality.

SB 80. By Senators Barnes of the 33rd, Duncan of the 30th, Hudson of the 35th and others:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, as amended, so as to authorize county and independent school systems to use school buses to provide transportation for the elderly and the handicapped under certain conditions.
Referred to Committee on Education.

SB 81. By Senators Barnes of the 33rd, Hudson of the 35th, Duncan of the 30th and others:
A bill to create a Council on Aging; to provide for the appointment and terms of office of members of the Council; to provide for officers; to provide for rules and procedures; to provide for meetings of the Council. Referred to Committee on Human Resources.

SB 82. By Senators Barnes of the 33rd, Hudson of the 35th, Duncan of the 30th and others:
A bill to provide reduced admission fees and user charges on certain days for residents of this State 62 years of age or older for admission to and the use of facilities and services in State parks and recreation areas.
Referred to Committee on Natural Resources and Environmental Quality.

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SR 20. By Senators Timmons of the llth, Russell of the 10th, Carter of the 14th and others:
A resolution relative to the Apalachicola-Chattahoochee-Flint waterway. Referred to Committee on Natural Resources and Environmental Quality.

SR 21. 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. Referred to Committee on Banking, Finance and Insurance.

SR 23. By Senators Lester of the 23rd, Reynolds of the 48th, Allgood of the 22nd and others:
A resolution proposing an amendment to the Constitution, so as to provide a procedure for the recall of elected State officials; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SR 24. By Senators Russell of the 10th, Evans of the 37th, Hudson of the 35th and others:
A resolution urging the United States Senate to retain the Senate Veterans Affairs Committee as a standing Senate committee. Referred to Committee on Defense and Veterans Affairs.

SR 26. By Senator Hudgins of the 15th:
A resolution proposing an amendment to the Constitution, so as to authorize State income taxpayers to contribute $1.00 of their State income taxes each year to the Heritage Trust Commission; to authorize State income taxpayers to designate the recipient of their contributions. Referred to Committee on Banking, Finance and Insurance.

SR 27. By Senators Barnes of the 33rd, Shapard of the 28th, Turner of the 8th and others:
A resolution creating the Services for the Aged Study Committee. Referred to Committee on Rules.

The following bills and resolution of the House were read the first time and referred to committees:
HB 1. By Representative Harris of the 8th: A bill to provide for the Georgia Building Authority a supplementary

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appropriation for the remainder of Fiscal Year ending June 30, 1977, in connection with Georgia Building Authority Project No. 39Y.
Referred to Committee on Appropriations.

HB 28. By Representative Howell of the 140th i
A bill to amend an Act placing the sheriff of Early County upon an annual salary, so as to provide that the annual salary of the sheriff shall be fixed by the governing authority. Referred to Committee on County and Urban Affairs.

HB 30. By Representative Howell of the 140th:
A bill to amend an Act placing the Clerk of the Superior Court of Miller County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the clerk for his services as Clerk of the State Court of Miller County. Referred to Committee on County and Urban Affairs.

HB 56. By Representatives Cooper, Wilson and Kaley of the 19th, Harrison, Isakson and Nix of the 20th and others:
A bill to amend an Act providing a new charter for the City of Powder Springs, so as to delete from said charter those provisions providing for the repeal of the charter under certain circumstances. Referred to Committee on County and Urban Affairs.

HR 13. By Representatives Johnston, Tolbert and Butler of the 56th and others:
A resolution creating the DeKalb County Police Retirement System Study Commission. Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:
Senator Sutton of the 9th 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 35. Do pass. HB 47. Do pass.
Respectfully submitted, Senator Sutton of 9th District, Chairman

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Senator Howard of the 42nd District, Chairman of the Committee on Human Resources, submitted the following report:

Mr. President:

Your Committee on Human Resources has had under consideration the following1 bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 17. Do pass.
SB 18. Do pass.
Respectfully submitted, Senator Howard of 42nd 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 21. Do pass. Respectfully submitted, Senator Eldridge of 7th District, Chairman

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

SB 4. By Senators Starr of the 44th, Robinson of the 27th, Poster of the 50th and others:
A bill to provide for the review, continuation, reestablishment or termination of certain regulatory agencies of the executive branch of the State government; to provide for a short title; to provide a definition.

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

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy

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Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

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Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Senator Evans of the 37th introduced the chaplain of the day, Reverend Ted Clark of Atlanta, Georgia, who offered prayer.

The following resolutions of the Senate were read and adopted:

SR 22. By Senators Stumbaugh of the 55th, Evans of 37th, Thompson of 32nd and others:
A resolution urging that the National Square Dance Convention be held in Atlanta in 1981.

SR 25. By Senator Foster of the 50th:
A resolution expressing regret at the passing of Honorable Hubert G. Ritchie.

SR 30. By Senator Bell of the 5th: A resolution urging the designation of the North DeKalb Human Service Center as a priority project to be funded with federal public works funds.
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 19. By Representatives Irvin of the 23rd, Carnes of the 43rd and Evans of the 84th: A bill to amend Code Title 46, relating to garnishment, as amended, so as to provide for judicial supervision and for approval of certain af fidavits; to provide for certain affidavits, their contents and how and before whom made.
The following bill of the House was read the first time and referred to committee:

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HB 19. By Representatives Irvin of the 23rd, Carnes of the 43rd and Evans of the 84th:
A bill to amend Code Title 46, relating- to garnishment, as amended, so as to provide for judicial supervision and for approval of certain affidavits; to provide for certain affidavits, their contents and how and before whom made.
Referred to Committee on Judiciary.

Senator Riley of the 1st moved that the Senate recess at 10:44 o'clock A.M. until 11:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the Budget message by His Excellency, Gov ernor George Busbee, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

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

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. In my State of the State message to you on Tuesday, I outlined the fact that we had suffered through two austere years with the budget and that we had become accustomed to biting the bullet. . . . and I urged you not to lose your taste for the bullet, because even though we will be able to make some enrichment in some programs, the budget for the fiscal year 1978 still will have to be tight.
I would like to discuss with you today several aspects of my budget recommendations.
There is concern about the revenue estimate every year. We always need more educational funds. The salaries of our teachers and employees never catch up with inflation. Our transportation needs are ever-present. There are always unmet needs in human resources. We go from crisis to crisis in prison overcrowding. Economic growth always needs bolstering.
Thus, I approach my third budget as Governor with a panoply of needs not too different from when I took office.
Fortunately, we have an economy that appears strong enough to allow us to begin to tackle some of these needs this year. As the Governor who has presided over more budget-cutting episodes than any other Georgia Governor in modern times, this is welcome news.

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Unfortunately, we are coming off of two years of austerity-level budgets and our needs have backed up, creating more pressures than usual.

The extent of this backlog of need is dramatized by the fact that state agencies submitted requests for budget increases totaling $753 million--probably the biggest requested increase of all time. Reducing these requests to the level of funds available was one of the most dif ficult tasks I have ever had.

I am proposing for fiscal year 1978 a budget totaling $2,129,144,627. This is an increase of some $231 million over the proposed amended budget for 1977.

It is impossible to consider my budget for 1978 without considering the amended budget request that I made to you for the current fiscal year, which was under consideration in the House today.

Due to reductions in the amended budget, we are able to roll for ward to 1978 a surplus of $21.5 million. This means that we will need a revenue increase of only $201 million to fund the proposed 1978 budget. This is an increase of only 10.8 per cent over the amended revenue estimate of $1.864 billion for this year.

For the benefit of new members of the General Assembly, I would like to explain our procedures for revenue forecasting.

We have in full-time employment of the state a widely-respected economist, Dr. Henry Thomassen, to help us make our revenue estimates. Dr. Thomassen provides to the Governor a range of estimates that the state's economy should produce. From this range, the Governor makes his official revenue estimate.

I might say that Dr. Thomassen has been very accurate in his forecasts, but we all know that the more erratic the economy, the wider the tolerance has to be in making revenue forecasts .... when you don't have any large surpluses and when you must balance the budget.

Last year our estimate was $1.688 billion. Despite many doomsayers, we made this estimate with $5 million to spare. Needless to say, I was greatly relieved.

For the current fiscal year, we estimated collections of $1.888 billion. I have reduced this estimate by $24 million because it could be lowered without curtailing any state services and would give us a safety margin that is comfortable to have in the face of uncertainties over recent oil price increases and a changing federal administration.

But I want to make it infinitely clear today that I still believe we will make the $1.888 billion that I originally estimated .... and if we do, we can certainly make good use of this money when we meet again next session.

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The revised $1.864 billion estimate is the low range of Dr. Thomassen's projections, and I now adopt it as my official estimate for the current fiscal year.

I have followed the same course in making my revenue estimate for the next fiscal year. I have taken his low range figure of $2.065 billion as my revenue estimate for 1978. And this, I might say, is conservative whether viewed in its modern or historical perspective. This 10.8 per cent increase from the low estimate of $1.864 billion is exactly the average that we've experienced for the last 11 years despite two reces sions during that period.

When you consider all aspects of our economy, the 1978 projection is a conservative figure.

President-elect Carter has already announced a $30 billion program of the tax cuts and new jobs to stimulate the economy. But even without this extra boost, Georgia's economy is strong on its own.

Business spending on new plant and equipment is showing strength after a long lag. . . . construction appears to be on the verge of ex pansion. . . . there is a recovery underway in the world economy, and this should provide more exports in Georgia in line with our current
economic push.

But what if the economy stumbles?

We have the biggest built-in protection in 1978 of any budget in Georgia's history. Let me explain.

Last year I recommended the establishment of a revenue shortfall reserve on a permanent basis as a safeguard against an unforeseen slump in the economy. You members of the General Assembly passed a law creating this reserve at three per cent of annual collections. For 1978, we are increasing the reserve to $56,030,000.

This reserve is not intended to be appropriated and we should not over-budget knowing these funds would be required to avoid deficit spending. But the reserve is available and gives us protection against un expected turbulence in the economy. I think the creation of this short fall reserve is fiscal responsibility at its highest and I commend the legislature for cooperating with me in establishing it. I assure you that I have made no recommendations in my budget request that would im pair this $56,030,000 reserve.

I might mention in addition that I have also recommended a $5.9 million contingency fund in my amended budget for Medicaid. Because Medicaid will be operating as a separate budget unit from the Depart ment of Human Resources, we cannot draw on Human Resources funds to make up a deficit as in the past. We believe Medicaid is sufficiently funded, but the contingency fund is an extra protection during the budget cycle. The funds will lapse if not used.

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In analyzing all aspects of our economic picture, I have no reluc tance in recommending to you the $2,065 billion revenue estimate for next year. It would be a serious mistake to cut this estimate. To do so would only delay critical programs that we need coming off of our austerity budgets.
My budget proposals for 1978 do not call for any major new pro grams. I have emphasized use of the new money to improve existing programs.

With a $231 million increase in the budget, one might think we are overflowing with extra funds. But this increase is deceptive. Let me back out necessary expenditures that must be reflected in this $231 million to show you how limited the true enrichment of this budget actually is.
The first number that you would have to subtract would be $48 million in new money needed just to continue existing services at the same level.
Next you would have to back out the proposed $80 million cost-ofliving pay increases for teachers, University System personnel and state employees. Next you would have to delete $18 million for funds rolled forward from the FY 1977 to the FY 1978 budget.
Education .... including public schools and the University Sys tem .... normally receives about 50 per cent of all state funds. Because this is my number one priority, I am recommending in excess of $37 million in educational improvements, excluding pay raises. Now if you back out this $37 million along with the other figures, this will leave only $48 million out of the $231 million in new money available in my budget recommendation for FY 1978. When you consider that this $48 million must fund every improvement in state government except educa tion, this is precious little enrichment.

I would next like to talk about some of the recommendations in various areas that I have outlined in my budget. First, of course, would be the cost-of-living increases.

For our school teachers, I am recommending an increase of 7 per cent. This will be added to the 2-% per cent longevity increase most teachers automatically receive each year.

For our state employees, I am recommending 5 per cent, with a $500 minimum. The minimum will affect more than half of all state employees, with some of the lowest-paid employees getting as much as a 10 per cent increase. This increase will be added to the merit increase totaling approximately 5 per cent which most state employees receive each year.
For our University System employees, I have made a recommenda tion of a 5 per cent increase and an additional 2-% per cent to launch an annual automatic across-the-board pay hike for all personnel ....

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similar to the increases given to teachers and state employees. This would be a total of 7-% per cent.

But because of the crisis in the University System, this is not enough. We have already lost many irreplaceable faculty members be cause of low salaries, and are on the verge of losing more.

Therefore, I have joined with many others in advocating that we work together to find the money to raise the 5 per cent increase to 7 per cent, making it the same as school teachers, and still provide the 2-% per cent in-step increase.

I think that it is very essential that we not ignore this inequity in University pay.

Next, let me mention the kindergarten program. . . . which, as you know, if my number one goal in education. I have previously stressed to you in my State of the State message the importance that I place on the need for public kindergartens in this state.

For kindergarten, I am proposing an additional $4.6 million to expand our program so that it will be serving 25 per cent of the target population of 75,000 five-year-olds. We now serve about 15 per cent.

Compensatory education is our second best way to improve educa tion. It insures that every student who cannot read and write has an additional opportunity to acquire these basic skills which are so neces sary for achievement in school, and for finding worthwhile work after completion of their education. I am recommending expansion of this program to include fifth graders as well as continuing the program in grades 1 through 4.

In addition, I am recommending increases for special education, vocational education, school meal reimbursements, maintenance and operation, and instructional media.

For our public schools, I am recommending a $42 million building program including a $10 million progam for the renovation of existing buildings, thereby hopefully reducing the need for new facilities in the future.

I am recommending an increase of $13.8 million for the University System to fund an anticipated increase in budgeted quarter credit hours. ... A $10 million bond construction program. . . . $1.5 million in capital outlay. . . . and more funds for the Eugene Talmadge Memo rial Hospital.

I am also proposing that we increase from $400 to $500 per student the grants for students attending private colleges.
Our prisons are a powder keg, with severe overcrowding. Since I took office, the prison population has increased almost 1,900 inmates, with an additional 2,347 inmates expected by 1980.

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I am recommending a funding level for the Department of Offender Rehabilitation that will finance various phases of a broad program to expand our net capacity by some 2,600 inmates over the next four years.
I am making several recommendations that will help our cities and counties.
The biggest program is a $30 million bond proposal for the re construction and rebuilding of our urban and rural roads, which I will discuss in more detail within a few minutes.

I am recommending funds to continue water and sewer grants. . . . to provide an increase in recreation grants. ... to implement the Fed eral Safe Drinking Water Act. . . . and to establish an adequate state wide water resources planning, research and management program.
We are losing $741,000 in federal funds for forest fire protection. I had three alternatives: Halt fire protection, increase local assessments, or use state funds. I chose the latter because forest fire protection is needed, and to avoid another burden on property taxpayers at the local level.
Probably the most aggravating problem facing me in two years as Governor has been Medicaid. We are close to solving the problem. Along with creating a separate Department of Medical Assistance, I am recommending adequate funding to get the job done.

Also in Human Resources, I am recommending increases in monthly payments to recipients of Aid to Families with Dependent Children, and the expansion of several programs that shift patients out of insti tutions into community programs.

The latter is especially important. We have wasted millions of dollars by placing people in institutions who did not belong there. An even greater tragedy is the impact this action has had on these Geor gians. I am pledged to continue emphasizing community programs for those citizens who can be served by them.

Because of the funds shortage of the past two years, I have been forced to curtail the Heritage Trust Program. But I am recommending $2.2 million in 1978 to resume Heritage Trust acquisitions.

In putting together my budget recommendations, I worked with several overall goals in mind. For instance, I am determined to halt the rate of growth of new state employees.

State departments requested a total of 2,355 new positions this year. I told every department head that these were excessive requests and that I would only recommend the most critical new positions. The result is a net increase of 279 new employees in my amended 1977 budget and 82 more for 1978. . . . including those paid with federal funds. Even

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with these increases, the state will have reduced total state personnel by 1,100 employees since I took office. This surely has to be a record.

Now I want to emphasize and go into some detail on a major crisis that has faced this state since I have been Governor. . . . and which will continue to be with us.

I refer to the energy crisis and the effect it has on the road program in this state. We all know that the rate of growth of motor fuel taxes has been down, and there are not any bright prospects for the future. It has been necessary to augment motor fuel taxes with general fund revenues in order to just try to maintain the roads that we have.

Since 1961, we have financed a total of almost $240 million in resurfacing and rehabilitation projects for roads with bond funds, but not one motor fuel tax bond issue has been authorized in my adminis tration. There has been some discussion in the past few days that I was trying to rehabilitate county and city roads with bond funds and that this was a new method of financing with bonds. I want to set the record straight here and now. As the majority leader in the House and as Governor of this state, no one has worked harder than I to limit bond financing and to convert bond programs to a pay-as-you-go basis.

During Governor Carter's administration, I helped make conver sions from bonds to one-shot capital outlay.

I want to point out here and now that even including the Inter state bonds for the early completion of the Interstate Program, the bond payments in my 1978 budget reccmmendations are reduced from 7.6 per cent to 7.4 per cent, and I have never considered approaching tne 15 per cent Constitutional limitation.

Apparently there has been some confusion as to what I have actually recommended in this regard.

Let me point out that the current budget was originally passed with $8 million in bonds for early completion of the Interstates, and that's the law today.

As I was preparing the budget, the Department of Transportation advised me that they would not need $5 million of the $8 million in Interstate bond payments in this fiscal year, and that we could roll the $5 million forward to fiscal year 1978. I did this in my budget. . . . But before finalizing my budget, they then came to me and stated that we would not need $3 million of the $5 million for advanced Interstate construction in 1978 because of increased federal receipts due to our successful unfreezing of the Highway Trust Fund and because of low bids on contracts.

It was pointed out by Mr. Moreland and the Board of Transporta tion that we had a most critical need in towns, cities and counties for the rehabilitation of off-system roads that had gone to pot. They asked

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that I change this $3 million in bonds intended for Interstates in FY 1978 to $3 million in bond payments for road rehabilitation. I have merely requested that we convert the purpose of the bonds from Interstates to road rehabilitation. This I have recommended to you and is in my budget request which I present today.
However, the House Appropriations Committee version of the 1977 amended budget gravely affects the road construction program and every other program that I have outlined in my budget request to you today. There are many people who thought that the $3 million Interstate bond payment that was left in the FY 1977 budget was for the purpose of financing $30 million in reconstruction of urban and rural roads. This is not correct.
Let me explain at this point the action taken by the House Appro priations Committee on the amended budget for FY 77, and how it af fects the FY 78 budget.

As I stated earlier, I had rolled forward a surplus of $21.5 million from FY 77 to the FY 78 budget to help fund some of the programs which I have described. This $21.5 million surplus was wiped out .... along with an additional $8.5 million. ... in order to fund $30 million for the reconstruction of urban and rural roads. This means that all of the surplus of $21.5 million was exhausted, leaving a pitiful $2,900 in the FY 77 budget. By spending all the surplus of $21.5 million in the amended FY 77 budget, this would not only jeopardize the 1978 budget, but it would create chaos when you try to perfect it if we leave the FY 77 budget as it was passed by the House Appropriations Committee.

Let me explain, however, that we would be short a net of $18.5 million since there is $3 million in the FY 1978 budget for bond pay ments. But this shortage of $18.5 million is very misleading. We have many other items that must be financed which have become apparent since I made my budget recommendations to you.

In meeting with the Speaker and some of the House leadership along with the legislative budget officer yesterday, I estimated that we had additional needs that must be funded, such as the additional Univer sity System pay raise. . . . telephone rate increases. . . . construction of the twin towers. . . . several new Superior Court judgeships that many of you are requesting. . . . and many other needed items that you will want. I made the observation that these needs amount to about $26 or $27 million, including the exhaustion of the surplus.

Mr. Hackney estimated that we would be short by at least $30 mil lion.

This means, ladies and gentlemen, that if we let the amended budget stand as it was passed by the House Committee, we would have to cut the budget recommendations that I have outlined to you by $30 million. This could only be done by cutting some of the educational enrichment or cutting cost-of-living increases, or some other critical items that must be funded.

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No one has suggested where we would cut $30 million from the budget that I have outlined to you today, but if we pass the FY 77 amended budget as it is now, and I sign it, we would have no alternative but to make these cuts.

In meeting with the Speaker and some of the House leadership yesterday, they assured me that they had not had an opportunity to look at the FY 78 budget in detail, but if these problems that I have outlined resulted, they said they would certainly consider this before we finally perfected the FY 77 budget.

Again, I want to commend you. . . . not only for this year. . . . but for the past two years in working with me to meet these financial crunches, and I hope that we can work successfully together in perfecting a good budget. . . . not just for FY 78, but the amended budget and the effect that it will have for next year.

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 provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 14, 1977

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

Senator Johnson of the 34th 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 94. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and others:
A bill to amend an Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriations Act", approved March 25, 1976, so as to change appropriations for the fiscal year 1976-77; to make language and other changes; to provide an effective date.

HB 42. By Representatives Castleberry of the lllth and Edwards of the 110th:
A bill to amend an Act providing minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia, so as to change the provisions relating to the calculation of county population and minimum salaries for certain tax collectors and tax commissioners.

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

SB 83. By Senators Wessels of the 2nd and Banks of the 17th:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain posttrial procedures in civil cases, known as the "Georgia Civil Practice Act", as amended. Referred to Committee on Judiciary.

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87

SB 84. By Senators Wessels of the 2nd and Banks of the 17th:
A bill to amend Code Chapter 113-24, relating to foreign executors and administrators, as amended, so as no longer to require bond or applica tion for sale for certain executors. Referred to Committee on Judiciary.

SB 85. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 105-2, relating to negligence, as amended, so as to provide for a local level of skill for persons against whom an action is brought for the negligent practice or performance of certain professions, businesses or trades. Referred to Committee on Industry, Labor and Tourism.

SB 86. By Senators Traylor of the 3rd and Dean of the 6th:
A bill to amend Code Chapter 26-23, relating to crimes involving abuse of governmental office, as amended, so as to make it unlawful for members of the General Assembly to vote on certain questions in volving a conflict of interest; to provide a penalty. Referred to Committee on Rules.

SB 87. By Senators Evans of the 37th, Hudgins of the 15th, Johnson of the 34th and others:
A bill to amend Code Chapter 85-4, relating to the prescriptive rights in property, as amended, so as to provide for the reclamation and subse quent sale of abandoned cemetery lots; to provide a definition; to provide for proceedings in the superior court. Referred to Committee on Judiciary.

SB 88. By Senators Poster of the 50th and Barnes of the 33rd:
A bill to amend Code Chapter 26-11, relating to criminal homicide, as amended, so as to define the crime of foeticide and to prescribe the punishment for the commission of such crime. Referred to Committee on Judiciary.

SB 89. By Senator Foster of the 50th:
A bill to amend an Act placing the Clerk of the Superior Court of Rabun County on an annual salary, as amended, so as to change the compensation of the clerk of the superior court. Referred to Committee on County and Urban Affairs.

SB 90. By Senator Foster of the 50th:
A bill to repeal an Act placing the clerk of the superior court of each county with a population of not less than 8,250 and not more than

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8,330, according to the United States Decennial Census of 1970 or any future such census, on an annual salary.
Referred to Committee on County and Urban Affairs.

SB 91. By Senator Barker of the 18th:
A bill to amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political sub division and the governing authority of any department, agency, board, bureau, commission or political subdivision of any county, municipal corporation, board of education, 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 92. By Senator Broun of the 46th:
A bill to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation and expenses of members of the Board of Regents; to change the maximum number of days for which a member may receive expenses. Referred to Committee on Higher Education.

SB 93. By Senator Broun of the 46th:
A bill to amend Code Section 84-102, relating to the salary, term and office of the Joint-Secretary, State Examining Boards, expenses of board meetings, clerks and employees, time and place of meetings, as amended, so as to authorize boards to conduct certain hearings at a site other than the Capitol under certain circumstances. Referred to Committee on Appropriations.

SB 94. By Senators Lester of the 23rd, Tate of the 38th and Duncan of the 30th:
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 95. By Senator Hudgins of the 15th:
A bill to amend Code Section 34-632, relating to rules for determining residence, so as to change the provisions relating to rules for determin ing residence; to provide that under certain circumstances a person may move from one county to another and retain his residency in the former county. Referred to Committee on Judiciary.
SR 28. By Senators Traylor of the 3rd and Dean of the 6th:
A resolution proposing an amendment to the Constitution, so as to provide for the election of the members of the Board of Natural

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89

Resources; to provide for the expiration of current terms of office on a certain date; to change the provisions relating to vacancies.
Referred to Committee on Natural Resources and Environmental Quality.

SR 31. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for additional penalty as sessments in criminal cases and provide that the proceeds derived there from may be used for the purpose of providing training to law enforce ment officers and prosecuting officials. Referred to Committee on Judiciary.

SR 32. 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 of the House were read the first time and referred to committees:

HB 42. By Representatives Castleberry of the lllth and Edwards of the 110th:
A bill to amend an Act providing minimum salaries for the tax collectors and tax commissioners of the various counties so as to change the provisions relating to the calculation of county population and minimum salaries for certain tax collectors and tax commissioners. Referred to Committee on County and Urban Affairs.
HB 94. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1976-77. Referred to Committee on Appropriations.

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

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bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1. Do pass by substitute.
Respectfully submitted, Senator Broun of 46th District, Chairman

Senator Russell of the 10th 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 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 24. Do pass. Respectfully submitted, Senator Russell of 10th District, Chairman

Senator Langford of the 51st 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 14. Do pass.

SB 37. Do pass.

SB 43. Do pass.

SB 45. Do pass.

SB 47. Do pass.

SB 48. Do pass.

SR 13. Do pass by substitute.

SR 14. Do pass.

SR 16. Do pass.

SR 18. Do pass.

Respectfully submitted, Senator Langford of 51st District, Chairman

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91

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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 11. Do pass.
SB 12. Do pass.
SR 17. Do pass.
SB 19. Do pass.
SB 58. Do pass.
Respectfully submitted, Senator Overby of 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 19. Do pass. Respectfully submitted, Senator Overby of 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendation:
SR 20. Do pass.
Respectfully submitted, Senator Gillis of 20th 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 resolu tion, of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 7. 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 bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 31. Do pass. SB 32. Do pass. SB 53. Do pass.
Respectfully submitted, Senator Reynolds of 48th District, Chairman

The following bills of the Senate and House were read the second time:

SB 17. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as. to make certain technical corrections; to change the pro visions relating to the jurisdiction of juvenile courts; to change the provisions relating to orders terminating parental rights.

SB 18. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to comprehensively revise the adoption laws of this State; to provide for jurisdiction and venue in adoption proceedings; to define who may adopt children; to require surrender or termination of parental rights prior to adoption except in certain cases; to set forth the requirements and form of a surrender of parental rights.
SB 21. By Senators Eldridge of the 7th and Riley of the 1st:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, as amended, so as to change the membership of the Committee; to provide an effective date.

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93

SB 35. By Senator Kennedy of the 4th:
A bill creating and establishing a Small Claims Court of Evans County, Georgia, to be known as the Small Claims Court of Evans County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 47. By Representatives Wall of the 61st, Harris of the 60th and Phillips of the 59th:
A bill to amend an Act establishing the State Court of Gwinnett County, approved March 24, 1937 so as to abolish the position of special in vestigator for the solicitor of the State Court of Gwinnett County.

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

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Summers Button Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Bond Fincher

Stumbaugh

Taylor

Senator Timmons of the llth introduced the chaplain of the day, Reverend Tommy Sinclair, pastor of First Baptist Church, Blakely, Georgia, who offered prayer.

Senator Riley of the 1st introduced the doctor of the day, Dr. Roland Sum mers, of Savannah, Georgia.

The following resolutions of the Senate were read and adopted:

SR 29. By Senators Traylor of the 3rd, Dean of the 6th and Kennedy of the 4th:
A resolution expressing regrets at the passing of the Honorable J. Clyde Gordon.

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SR 33. By Senator Robinson of the 27th: A resolution commending Mr. Joseph Lester "Jody" Powell, Jr.

SR 34. By Senators Banks of the 17th, Pearce of the 16th, Wessels of the 2nd and others:
A resolution commending Mr. Charlie E. Fleming.

SENATE CALENDAR Friday, January 14, 1977
SB 4. Executive Branch Regulatory Agencies--provide for review

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 4. By Senators Starr of the 44th, Robinson of the 27th, Foster of the 50th and others:
A bill to provide for the review, continuation, reestablishment or termina tion of certain regulatory agencies of the executive branch of the State government; to provide for a short title; to provide a definition.

Senators Starr of the 44th, Robinson of the 27th, Foster of the 50th, Howard of the 42nd and Langford of the 51st offered the following substitute to SB 4:
A BILL
To be entitled an Act to provide for the review, continuation, reestablishment or termination of certain regulatories agencies of the executive branch of the State government; to provide for a short title; to provide for a definition; to provide for procedures and requirements; 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 GEOR GIA:
Section 1. Short Title. This Act shall be known and may be cited as "The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies."
Section 2. Findings and Purpose. The General Assembly finds that the need for and the effectiveness of many regulatory agencies which have been created in the State of Georgia have not been systematically evaluated. It is the purpose of this Act to establish a procedure for the systematic review of regulatory agencies to the end that those which do not serve the public interest shall be terminated and that others

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95

which do serve a public need shall be continued or modified to increase their effectiveness and efficiency.

Section 3. Regulatory Agency Defined. As used in this Act, unless the context clearly requires otherwise, "regulatory agency" means any agency specified in Section 4 of this Act and any department, division, board, bureau, commission or other agency of the executive branch of the State government created by law after January 1, 1977, which is created for the purpose of licensing or otherwise regulating or controlling any profession, business or trade.

Section 4. Termination of Regulatory Agencies, (a) Unless re established or continued in accordance with the provisions of Section 6 of this Act, the following regulatory agencies shall be terminated on July 1, 1978, and the laws relating to such agencies, as indicated below, shall be repealed in their entirety effective on the date specified in Section 5 of this Act.

(1) Georgia State Board of Funeral Service. An Act creating and establishing a Board of Funeral Service, approved February 13, 1950 (Ga. Laws 1950, p. 238), as amended.

An Act requiring county boards of health to inspect funeral establishments, approved March 17, 1959 (Ga. Laws 1959, p. 359).

(2) The Georgia State Board of Physical Therapy. An Act known as the "Georgia Physical Therapy Act", approved March 21, 1972 (Ga. Laws 1972, p. 388).

(3) The State Board of Examiners of Psychologists. An Act making provision for licensure of applied psychologists through a State Board of Examiners of Psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended.

(4) The Structural Pest Control Commission. An Act known as the "Structural Pest Control Act", approved March 7, 1955 (Ga. Laws 1955, p. 564), as amended.

(5) The State Board of Dispensing Opticians. An Act creating the State Board of Dispensing Opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), as amended.

(6) The State Board of Examiners of Registered Professional Sanitarians. An Act regulating the practice of professional sani tarians, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended.
(7) The State Board of Warm Air Heating Contractors. An Act regulating the installation of warm air heating equipment, ap proved February 25, 1949 (Ga. Laws 1949, p. 1622), as amended.
(8) The State Board of Registration of Used Car Dealers. An Act known as the "Used Car Dealers' Registration Act", approved February 20, 1958 (Ga. Laws 1958, p. 55), as amended.

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(9) The Georgia State Board of Landscape Architects. Code Chapter 84-40, relative to landscape architects (Ga. Laws 1976, p. 1730).
(10) The Georgia State Board of Cosmetology. An Act regulat ing the occupation of cosmetology, approved March 11, 1963 (Ga. Laws 1963, p. 45), as amended.
(11) The State Board of Registration for Dealers in Used Motor Vehicle Parts. An Act known as the "Dealers in Used Motor Vehicle Parts Registration Act", approved March 14, 1966 (Ga. Laws 1966, p. 471), as amended.
(12) The State Board of Examiners of Plumbing Contractors. An Act creating the State Board of Examiners of Plumbing Con tractors, approved March 15, 1968 (Ga. Laws 1968, p. 308), as amended.
(13) The Georgia State Board of Nursing Home Administrators. An Act relating to nursing homes and personal care homes, approved April 8, 1968 (Ga. Laws 1968, p. 1143), as amended.
(14) The Board of Polygraph Examiners. An Act known as the "Georgia Polygraph Examiners Act", approved April 9, 1968 (Ga. Laws 1968, p. 1217), as amended.
(15) The State Board of Registration for Foresters. An Act creating the State Board of Registration for Foresters, approved February 21, 1951 (Ga. Laws 1951, p. 581), as amended.
(16) The Board of Practical Nurse Examiners of Georgia. An Act providing for the licensing of practical nurses, approved March 2, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 333), as amended.
(b) Unless reestablished or continued in accordance with the pro visions of Section 6 of this Act, the following regulatory agencies shall be terminated on July 1, 1980, and the laws relating to such agencies, as indicated below, shall be repealed in their entirety effective on the date specified in Section 5 of this Act.
(1) The Georgia Auctioneers Commission. Code Chapter 84-3A, relative to auctioneers and apprentice auctioneers.
(2) The State Board of Geologists Examiners. Code Chapter 84-21A, known as the "Registration of Geologists Act of 1975", as amended.

(3) The Employment Agency Advisory Council. An Act known as the "Private Employment Agencies Act", approved March 21, 1974 (Ga. Laws 1974, p. 567).
(4) The State Board of Examiners for Certified Water and

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97

Waste-water Treatment Plant Operators. An Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act," approved April 8, 1969 (Ga. Laws 1969, p. 272), as amended.

An Act amending an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", approved April 24, 1975 (Ga. Laws 1975, p. 1074).

(5) The Board of Hearing Aid Dealers and Dispensers. An Act known as the "Georgia State Hearing Aid Dealers and Dispensers Act", approved March 24, 1970 (Ga. Laws 1970, p. 653).

(6) The Georgia State Board of Electrical Contractors. An Act known as the "Georgia Electrical Contractors Act", approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended.

(7) The State Building Administrative Board. An Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. Laws 1969, p. 546), as amended.

(8) The Georgia Board of Private Detective and Security Agencies. An Act known as the "Georgia Private Detective and Private Security Agencies Act", approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended.

(9) The Georgia Franchise Practices Commission. Code Chapter 84-66, known as the Motor Vehicle, Farm Machinery and Construc tion Equipment Franchise Practices Act (Ga. Laws 1976, p. 1440).

(10) The State Board of Examiners of Speech Pathology and Audiology. An Act known as the "Georgia State Speech Pathology and Audiology Act", approved March 26, 1974 (Ga. Laws 1974, p. 1009), as amended.

(11) The Georgia Marriage and Family Counselor Licensing Board. An Act known as the "Marriage and Family Counselor Licens ing Act", approved March 24, 1976 (Ga. Laws 1976, p. 659).

(12) The Georgia Board of Occupational Therapy. An Act known as the "Georgia State Occupational Therapy Licensing Act", approved March 31, 1976 (Ga. Laws 1976, p. 993).

(13) The State Board of Registration for Professional Soil Classifiers. An Act regulating professional soil classifying, approved April 7, 1976 (Ga. Laws 1976, p. 1654).

(14) The Board of Recreation Examiners of the State of Georgia. An Act creating the Board of Recreation Examiners of the State of Georgia, approved March 8, 1968 (Ga. Laws 1968, p. 137), as amended.
(c) Unless reestablished or continued in accordance with the pro-

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visions of Section 6 of this Act, the following regulatory agencies shall be terminated on July 1, 1982, and the laws relating to such agencies, as indicated below, shall be repealed in their entirety effective on the date specified in Section 5 of this Act.

(1) The State Board of Accountancy. Code Chapter 84-2, rela tive to accountants, as amended.

Code Section 84-9902, relative to penalties for violating Chapter 84-2, relating to certified public accountants, as amended.
(2) The State Board for Examination. Qualification and Regis tration of Architects. Code Chapter 84-3, relative to architects, as amended.
Code Section 84-9903, relative to the penalty for practicing as an architect without compliance with Chapter 84-3; false oaths and injunctions, as amended.
(3) The Georgia State Board of Barbers. An Act known as the "Georgia Barber Act", approved April 19, 1973 (Ga. Laws 1973, p. 1450).
(4) The Georgia Board of Chiropractic Examiners. Code Chapter 84-5, relative to chiropractors, as amended.
Code Section 84-9905, relative to the penalty for practicing chiropractic without a license.
(5) The State Board of Podiatry Examiners. Code Chapter 84-6, relative to podiatry or chiropody, as amended.
Code Section 84-9906, relative to the penalty for practicing podiatry without a license, as amended.
(6) The Board of Dental Examiners of Georgia. Code Chapter 84-7, relative to dentists and dental hygienists, as amended.
Code Section 84-9907, relative to the penalty for practicing dentistry under another's licenses.

Code Section 84-9909, relative to the penalty for practicing dentistry without a license.

Code Section 84-9911, relative to the burden of proof as to authority to practice dentistry.

(7) The Composite State Board of Medical Examiners. Code Chapter 84-9, relative to medical practitioners, as amended.

An Act to prohibit the issuance of licenses to practice medicine

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99

or pharmacy to any person who is not a citizen of the United States, approved March 23, 1939 (Ga. Laws 1939, p. 319), as amended.

An Act known as the "Physician's Assistant Act", approved March 31, 1972 (Ga. Laws 1972, p. 676).

An Act known as the "Orthotists Practice Act", approved March 31, 1976 (Ga. Laws 1976, p. 1349).

Code Section 84-9914, relative to practicing medicine illegally, as amended.

Code Section 84-9918, relative to fraudulently buying, selling or obtaining a license to practice osteopathy.

Code Section 84-9919, relative to the illegal practice of osteo pathy.
(8) The Georgia Board of Nursing. Code Chapter 84-10, relative to nurses, as amended.
An Act providing for the participation of nurse anesthetists in the administration of anesthesia, approved April 12, 1973 (Ga. Laws 1973, p. 433), as amended.
Code Section 84-9915, relative to the penalties for violating Chapter 84-10, relating to the practice of nursing, as amended.
(9) The Board of Examiners in Optometry. Code Chapter 84-11, relative to optometrists, as amended.

Code Section 84-9917, relative to the penalty for practicing optometry without a license.

(10) The Georgia State Board of Pharmacy. Code Chapter 79A2, relative to the Georgia State Board of Pharmacy, as amended.

(11) The Georgia Real Estate Commission. Code Chapter 84-14, relative to real estate brokers and salesmen, as amended.

Section 2 of an Act amending Code Code Title 84, relative to professions, businesses and trades, so as to comprehensively revise the laws relative to real estate brokers and salesmen, approved March 16, 1973 (Ga. Laws 1973, p. 100).

Code Section 84-9922, relative to refusal to testify or produce evidence before the Real Estate Commission.

(12) The State Board of Veterinary Medicine. Code Chapter 84-15, known as the Georgia Veterinary Practice Act, as amended.

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(13) The State Board of Registration for Professional Engineers and Land Surveyors. Code Chapter 84-21, relative to professional engineers and land surveyors.

(14) The State Board for the Certification of Librarians. An Act establishing a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. Laws 1937, p. 245).

Section 5. Winding Up of Affairs. Upon its termination as provided by Section 4 of this Act, each regulatory agency shall continue in existence until July 1, of the next succeeding year for the purpose of winding up its affairs. During the windup period, termination shall not reduce nor otherwise limit the powers or authority of each respective agency. The laws relative to such agency shall be continued in effect for the duration of the windup period only for the purpose of winding up its affairs. As of the last day of the windup period, the laws relative to each respective terminated regulatory agency shall stand repealed in their entirety. During the windup period, the regulatory agency shall not issue any new licenses nor renew any licenses, nor collect any license fees which were not due and payable prior to the date of termination of the agency.

Section 6. Continuation or Reestablishment. (a) Any regulatory agency may be continued or reestablished by the General Assembly for periods not to exceed six years.

(b) Any regulatory agency created after January 1, 1977, shall continue in existence for not more than six years from the effective date of its establishment unless the Act creating such agency specifically provides that such agency shall not be subject to the provisions of this Act.

Section 7. Performance Audit. The Legislative Services Committee shall cause the State Auditor to conduct a performance audit of each regulatory agency scheduled for termination. The performance audit shall be completed by the first day of January immediately preceding the date established for termination of the regulatory agency. In conducting the audit, the State Auditor shall take into consideration, but not be limited to considering, the factors listed in subsection (b) of Section 8 of this Act. Upon completion of the audit report, the Legislative Services Committee shall hold a public hearing for the purpose of reviewing said report. A copy of the report shall be made available to each member of the General Assembly by the Legislative Services Committee.

Section 8. Legislative Review, (a) Prior to termination, continua tion or reestablishment of any regulatory agency, an appropriate stand ing committee of each house of the General Assembly, as determined by the respective presiding officers of such houses, shall hold public hear ings to receive testimony from the public and from the officials of the regulatory agency involved relative to the need for and the effectiveness and efficiency of the regulatory agency; and at such hearings, the regulatory agency shall have the burden of demonstrating a public need for its continued existence.

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(b) The determination as to whether a regulatory agency has demonstrated a public need for its continued existence shall take into consideration, among others, the following factors:

(1) whether the absence of regulation would significantly harm, affect or endanger the public health, safety or welfare;

(2) whether there is a less restrictive method of regulation available which would adequately protect the public;

(3) the extent to which the regulatory agency has permitted qualified applicants to serve the public;

(4) the extent to which affirmative action requirements of State and federal statutes and constitutions have been complied with by the regulatory agency or the profession, business or trade it regulates;
(5) the extent to which the regulatory agency has operated in the public interest and the extent to which its operation has been impeded or enhanced by existing statutes, procedures, practices and rules and regulations, and any other circumstances, including budge tary, resource and personnel matters;
(6) the extent to which the regulatory agency has recom mended statutory changes to the General Assembly which would benefit the public as opposed to the persons it regulates;

(7) the extent to which the regulatory agency has required the persons it regulates to report to it concerning the impact of rules and decisions of the regulatory agency on the public regarding improved service, economy of service and availability of service;
(8) the extent to which persons regulated by the regulatory agency have been required to assess problems in their profession, business or trade which affect the public;

(9) the extent to which the regulatory agency has encouraged participation by the public in making its rules and decisions as opposed to participation solely by the persons it regulates;
(10) the efficiency with which formal public complaints filed with the regulatory agency concerning persons subject to regulation have been processed to completion by the regulatory agency; and

(11) the extent to which changes are necessary in the en abling laws of the regulatory agency to adequately comply with the factors listed in this subsection.

Section 9. Conforming Laws to Termination. Continuation or Reestablishment; Reports, (a) If the legislative review process required by Section 8 of this Act results with a determination that:

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(1) the regulatory agency involved shall be allowed to terminate as scheduled, then the committees completing the review shall have prepared proposed legislation which may be necessary, if any, to conform related laws to the termination of the regulatory agency; or

(2) the regulatory agency involved shall be continued or reestablished, then the committees completing the review shall have prepared proposed legislation necessary to accomplish such continuation or reestablishment, and a separate bill shall be pre pared for each regulatory agency continued or reestablished.

(b) The committees completing the legislative review required by Section 8 of this Act shall issue a report of their findings and recom mendations to the Governor, to the regulatory agency involved and to each member of the General Assembly. Such report shall include as an attachment thereto copies of any proposed legislation prepared pursuant to the requirements of subsection (a) of this Section.

Section 10. Rights and Claims Protected. The termination of a
regulatory agency pursuant to the provisions of this Act shall not cause the dismissal of any claim or right of any citizen against any regulatory agency or any claim or right of a regulatory agency terminated pursuant to this Act which is subject to litigation. Unless otherwise provided by legislation adopted pursuant to paragraph (1) of subsection (a) of Section 9 of this Act, such claims and rights shall be assumed by the Joint Secretary, State Examining Boards, until their final disposition.

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 48, 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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 31st Doss Duncan Eldridge English Evans Foster Gillis Greene Hill Holloway

Howard Hudgins Hudson Johnson Kennedy Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard

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Starr Stephens Summers Sutton Tate Thompson

Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators Dean of 6th and Kidd.

Those not voting were Senators:

Bond Fincher

Stumbaugh

Traylor

On the passage of the bill, the yeas were 50, nays 2.

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 11:05 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Saturday, January 15, 1977

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Scott of the 43rd.

Senator Evans of the 37th 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 62. By Representative Hutchinson of the 133rd:
A bill to provide a new charter for the City of Smithville in the County of Lee; to provide for the incorporation and powers of said City; to provide for the governing body of said City; to provide for the executive branch; to provide for the judicial branch; to provide for elections.

HB 63. By Representative Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Leesburg, Georgia, so as to expand the corporate limits of said City.

HB 72. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to amend an Act creating a small claims court in certain counties in this State so as to change the jurisdiction of said courts; to change certain of the costs in said court.

HB 80. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to provide a new Charter for the City of Norcross, Georgia in the county of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority.

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105

HB 82. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to create and establish a telephone Authority for the City of Hahira.

HB 98. By Representatives Williams and Foster of the 6th:
A bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton in the County of Whitfield, as amended, so as to change the provisions relative to the early retirement of certain employees pursuant to the city's Comprehensive and Unified Pension Plan.

HB 99. By Representative Hatcher of the 131st:
A bill to provide the method for filling vacancies which occur in the membership of the Board of Education of Baker County.

HB 114. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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.

HB 24. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for no campaign activities within two hundred and fifty feet of a polling place.

HB 26. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for no campaign activities within two hundred and fifty feet of a polling place.

HB 54. By Representatives Culpepper of the 98th, Walker of the 115th, Watson of the 114th and others:
A bill to amend Code Section 34-1307, relating to prohibition of certain campaign activities within a certain distance of polling places, as amended, so as to prohibit the solicitation of signatures for petitions with in a certain distance of polling places on any primary or election day.

HB 4. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 35-708, relating to the requirement that the tax receiver of each county shall obtain and keep statistics of the blind, as amended.

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HB 5. By Representatives Harris of the 8th, Rainey of the 135th, Ross of the 76th and others:
A bill to repeal Code Chapter 92-52, relating to the requiring of tax collectors to prepare and keep special or occupational tax digests, pro cedures connected with preparing and maintaining special or occupational tax digests, and remittances of delinquent taxes.

HB 6. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-5801, relating to the application of the provisions of Code Chapter 92-58; to repeal Code Section 92-5803, relating to when special or occupation taxes become delinquent.

HB 7. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to amend an Act relating to the taxing of cigars, cigarettes, little cigars, cheroots and stogies", so as to provide that each such tax stamp or other indication of the payment of the tax shall show the amount of tax paid.

HB 8. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-111, relating to the ad valorem tax for sinking fund for retirement of State bonds and to meet appropriations, as amended by Paragraph 2 of Section 2 of an Act approved March 28, 1935.

HB 9. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to provide for the redemption of real estate sold at tax sales by municipal authorities; and for other purposes".

HB 10. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to impose and fix a license of one thousand dollars on each person collecting rents or fees on copyrighted music, and radio programs, in each county in Georgia."

HB 11. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-2309, relating to double tax for failure to make returns; to repeal Code Chapter 92-66, relating to double taxation and procedures for imposing or relieving double tax.

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107

HB 12. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-7305, relating to penalty or default tax on corporations where there is no special provision and to require that such defaulters be triply taxed; to repeal Code Section 92-7306, relating to penalty or default tax on foreign insurance companies, foreign bank agencies and express companies.

HB 15. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said person al property; to provide for personal property application blanks . . .".

HB 16. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-6306, relating to the requirement that tax receivers enter names in full upon the tax digest.

HB 17. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 40-602, relating to the forbidding of the Secretary of State to speculate in wild lands; to repeal Code Section 401508, relating to the furnishing of list of wild lands by the Comptroller General.

HB 18. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-106, relating to the taxation of property owned by transient persons; to repeal Code Section 92-107, relating to the defining of transient persons.

HB 13. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-3902, relating to license fees imposed on itinerant shows and peddlers; to repeal Code Section 92-3902, relating to the one-year term of such licenses required by Code Section 92-3902.

HB 25. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend the Campaign and Financial Disclosure Act, approved March 5, 1974, so as to change certain campaign disclosure report filing requirements under Section 6(d) of said Act.

HB 81. By Representatives Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear.

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

SB 96. By Senators Lester of the 23rd, Thompson of the 32nd and Starr of the 44th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to provide for certain correlation of benefits. Referred to Committee on Banking, Finance and Insurance.

SB 97. 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 delete therefrom Section 95A-206 in its entirety; to add a new chapter, entitled "Chapter 13 Mass Transporta tion", to the Georgia Code of Public Transportation. Referred to Committee on Transportation.

SB 98. By Senators Reynolds of the 48th and Barnes of the 33rd:
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"; to provide an effective date. Referred to Committee on Judiciary.

SB 99. By Senator Holloway of the 12th:
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. Referred to Committee on Human Resources.

SB 100. By Senators Hudgins of the 15th, Starr of the 44th, Bell of the 5th and others:
A bill to amend Code Title 24A, the Juvenile Court Code, as amended, so as to define certain terms; to change the provisions relating to the apprehension, custody and release of children; to provide for certain types of detention prior to a court hearing. Referred to Committee on Judiciary.

SB 101. By Senators Summers of the 53rd, Lester of the 23rd and Tate of the 38th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change certain provisions relative to interest; to change the provisions relative to local retirement systems. Referred to Committee on Retirement.

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109

SB 102. By Senators Summers of the 53rd, Lester of the 23rd and Tate of the 38th:
A bill to amend an Act establishing the Teachers' Retirement System, 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.

SB 103. By Senator Summers of the 53rd:
A bill to provide for the protection of caves; to provide a short title; to make certain findings and declaration of policy; to provide for definitions; to prohibit certain acts of vandalism; to prohibit the sale of speleothems without permission. Referred to Committee on Natural Resources and Environmental Quality.

SB 104. 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 successors to the judge initially appointed. Referred to Committee on Judiciary.

SB 105. By Senator Bell of the 5th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the method for allowing credit for service in the armed forces. Referred to Committee on Retirement.

SR 36. By Senators Banks of the 17th, McGill of the 24th, Gillis of the 20th and others: A resolution urging the eradication of the fire ant.
Referred to Committee on Agriculture.
SR 37. By Senators Reynolds of the 48th: A resolution authorizing the conveyance of certain real property located in Gwinnett County, Georgia, to the Gwinnett Livestock and Fair As sociation, Inc.
Referred to Committee on Public Utilities.
The following bills of the House were read the first time and referred to committees:
HB 62. By Representative Hutchinson of the 133rd: A bill to provide a new charter for the City of Smithville in the County of Lee; to provide for the incorporation and powers of said

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City; to provide for the governing body of said City; to provide for the executive branch; to provide for the judicial branch; to provide for elections.
Referred to Committee on County and Urban Affairs.

HB 63. By Representative Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Leesburg, Georgia, so as to expand the corporate limits of said City. Referred to Committee on County and Urban Affairs.

HB 72. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to amend an Act creating a small claims court in certain counties in this State so as to change the jurisdiction of said courts; to change certain of the costs in said court. Referred to Committee on County and Urban Affairs.

HB 80. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to provide a new Charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority.
Referred to Committee on County and Urban Affairs.

HB 82. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to create and establish a telephone Authority for the City of Hahira. Referred to Committee on County and Urban Affairs.

HB 98. By Representatives Williams and Foster of the 6th:
A bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton in the County of Whitfield, as amended, so as to change the provisions relative to the early retirement of certain employees pursuant to the city's Comprehensive and Unified Pension Plan. Referred to Committee on County and Urban Affairs.

HB 99. By Representative Hatcher of the 131st:
A bill to provide the method for filling vacancies which occur in the membership of the Board of Education of Baker County. Referred to Committee on County and Urban Affairs.

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111

HB 114. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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. Referred to Committee on County and Urban Affairs.

HB 4. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 35-708, relating to the requirement that the tax receiver of each county shall obtain and keep statistics of the blind, as amended. Referred to Committee on County and Urban Affairs.

HB 5. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-52, relating to the requiring of tax collectors to prepare and keep special or occupational tax digests, procedures connected with preparing and maintaining special or oc cupational tax digests and remittances of delinquent taxes.
Referred to Committee on Banking, Finance and Insurance.

HB 6. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-5801, relating to the application of the provisions of Code Chapter 92-58; to repeal Code Section 92-5803, relat ing to when special or occupation taxes become delinquent. Referred to Committee on Banking, Finance and Insurance.

HB 7. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to amend an Act relating to the taxing of cigars, cigarettes, little cigars, cheroots and stogies", so as to provide that each such tax stamp or other indication of the payment of the tax shall show the amount of tax paid.
Referred to Committee on Banking, Finance and Insurance.

HB 8. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-111, relating to the ad valorem tax for sinking fund for retirement of State bonds and to meet appropria tions, as amended by Paragraph 2 of Section 2 of an Act approved March 28, 1935.
Referred to Committee on Banking, Finance and Insurance.

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HB 9. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to provide for the redemption of real estate sold at tax sales by municipal authorities; and for other purposes." Referred to Committee on Banking, Finance and Insurance.

HB 10. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to impose and fix a license of one thousand dollars on each person collecting rents or fees on copy righted music, and radio programs, in each county in Georgia." Referred to Committee on Banking, Finance and Insurance.

HB 11. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-2309, relating to double tax for failure to make returns; to repeal Code Chapter 92-66, relating to double taxation and procedures for imposing or relieving double tax. Referred to Committee on Banking, Finance and Insurance.

HB 12. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-7305, relating to penalty or default tax on corporations where there is no special provision and to require that such defaulters be triply taxed; to repeal Code Section 92-7306, relating to penalty or default tax on foreign insurance companies, foreign bank agencies and express companies.
Referred to Committee on Banking, Finance and Insurance.

HB 13. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-3902, relating to license fees imposed on itinerant shows and peddlers; to repeal Code Section 92-3902, relating to the one-year term of such licenses required by Code Section 92-3902. Referred to Committee on Banking, Finance and Insurance.

HB 15. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said personal property; to provide for personal property application blanks." Referred to Committee on Banking, Finance and Insurance.

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113

HB 16. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-6306, relating to the requirement that tax receivers enter names in full upon the tax digest. Referred to Committee on Banking, Finance and Insurance.

HB 17. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 40-602, relating to the forbidding of the Secretary of State to speculate in wild lands; to repeal Code Section 40-1508, relating to the furnishing of list of wild lands by the Comptrol ler General. Referred to Committee on Banking, Finance and Insurance.

HB 18. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-106, relating to the taxation of property owned by transient persons; to repeal Code Section 92-107, relating to the defining of transient persons. Referred to Committee on Banking, Finance and Insurance.

HB 24. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, as to provide for no campaign activities within two hundred and fifty feet of a polling place. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 25. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend the Campaign and Financial Disclosure Act, approved March 5, 1974, so as to change certain campaign disclosure report filing requirements under Section 6(d) of said Act. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 26. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for no campaign activities within two hundred and fifty feet of a polling place. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 54. By Representatives Culpepper of the 98th, Walker of the 115th, Watson of the 114th and others:
A bill to amend Code Section 34-1307, relating to prohibition of certain campaign activities within a certain distance of polling places, as

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amended, so as to prohibit the solicitation of signatures for petitions within a certain distance of polling places on any primary or election day.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 81. By Representatives Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear. Referred to Committee on Judiciary.

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

Senator Langford of the 51st 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 5. Do pass as amended.
Respectfully submitted, Senator Langford of 51st District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 11. By Senators Turner of the 8th, Sutton of the 9th and Russell of the 10th:
A bill to fix the terms of the superior courts of the Southern Judicial Circuit in the counties comprising said circuit; to provide an effective date.

SB 12. By Senators Turner of the 8th and Eldridge of the 7th:
A bill to add one additional judge of the superior courts of the Alapaha 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.

SB 14. By Senators Foster of the 50th and Barnes of the 33rd:
A bill to provide for legislative overview of rules and regulations of executive agencies of the State government; to provide for a short title;

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115

to provide for a definition; to provide for review of proposed rules and regulations of executive agencies by committees of the House and Senate.

SB 19. By Senators Johnson of the 34th, Banks of the 17th, Barnes of the 33rd and others:
A bill to provide that it shall be unlawful to transmit in any manner a request for ambulance service to any person, firm or corporation furnish ing such ambulance service, public or private, knowing at the time of making such request that there exists no reasonable need for such ambulance service.

SB 31. By Senators Reynolds of the 48th, Barnes of the 33rd and Greene of the 26th:
A bill to provide that it shall be unlawful for any motor vehicle other than law enforcement vehicles, to be operated with flashing or revolv ing- blue lights.

SB 32. By Senators Reynolds of the 48th, Barnes of the 33rd and Greene of the 26th:
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.

SB 37. By Senators Russell of the 10th, Kidd of the 25th, Dean of the 6th and others:
A bill to amend an Act known as the "Georgia Barber Act", so as to change the composition of the Georgia State Board of Barbers; to change the manner of appointment of Board members.

SB 43. By Senators Coverdell of the 40th, Howard of the 42nd and Riley of the 1st:
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.

SB 45. By Senators Kidd of the 25th, Russell of the 10th, McGill of the 24th and others:
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 provide that the State Personnel Board shall not adopt a Statewide Classification Plan prior to April 1, 1978.

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SB 47. By Senators Kidd of the 25th, Bond of the 39th, McGill of the 24th and others:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for the duties of poll managers after the close of polls in districts in which vote recorders are used; to provide for procedures at the tabulation center.

SB 48. By Senators Kidd of the 25th, Traylor of the 3rd, Russell of the 10th and others:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for the duties of poll managers after the close of the polls in districts in which vote recorders are used.

SB 53. By Senators Kidd of the 25th, McGill of the 24th, Bond of the 39th and others:
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.

SB 58. 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.

SR 7. By Senators Riley of the 1st, Holloway of the 12th and Eldridge of the 7th:
A resolution to repeal a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, as amended.
SR 13. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of members of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

SR 14. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution, so as to provide for the recall of State, county, and municipal public officials who hold elective office; to provide for the submission of this amend ment for ratification or rejection.

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117

SR 16. By Senators Tate of the 38th, Eldridge of the 7th, Lester of the 23rd and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of members of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

SR 17. By Senator Barnes of the 33rd: A resolution creating the Minimum Sentencing Study Committee.

SR 18. By Senators Paulk of the 13th, Holloway of the 12th, Sutton of the 9th and others:
A resolution designating the State of Georgia as the "Peanut State".

SR 20. By Senators Timmons of the llth, Russell of the 10th, Carter of the 14th and others:
A resolution relative to the Apalachicola-Chattahoochee-Flint waterway.

SR 24. By Senators Russell of the 10th, Evans of the 37th, Hudson of the 35th and others:
A resolution urging the United States Senate to retain the Senate Veterans Affairs Committee as a standing Senate committee.

HB 1. By Representative Harris of the 8th:
A bill to provide for the Georgia Building Authority a supplementary appropriation for the remainder of Fiscal Year ending June 30, 1977, in connection with Georgia Building Authority Project No. 39Y.

HB 19. By Representatives Irvin of the 23rd, Games of the 43rd and Evans of the 84th:
A bill to amend Code Title 46, relating to garnishment, as amended, so as to provide for judicial supervision and for approval of certain affidavits; to provide for certain affidavits, their contents and how and before whom made.

Senator Evans of the 37th asked unanimous consent that the morning roll call be dispensed with, and consent was granted.
The following resolution of the Senate was read and adopted:

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SR 35. By Senators Hudson of the 35th, Johnson of the 34th, Stephens of the 36th and others:
A resolution to pay tribute to mayors, municipal officials and employees for their service upon the occasion of the Nineteenth Annual Georgia Mayors' Day, January 17, 1977.

Senator Evans of the 37th moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, and the motion prevailed.

At 10:25 o'clock A.M., Senator Scott of the 43rd, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. Monday.

MONDAY, JANUARY 17, 1977

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Senate Chamber, Atlanta, Georgia Monday, January 17, 1977

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Holloway of the 12th, President Pro Tempore.

Senator Johnson of the 34th reported that the Journal of Saturday'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 report of a standing committee was read by the Secretary:

Senator Sutton of the 9th 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 68. Do pass as amended. SB 89. Do pass. SB 90. Do pass. HB 28. Do pass. HB 30. Do pass. HB 56. Do pass.
Respectfully submitted, Senator Sutton of 9th District, Chairman

The following resolution of the Senate was read the second time:
SR 5. By Senators Tate of the 38th and Barker of the 18th: A resolution designating January 20, 1977, as a public and legal holiday.

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 35. By Senator Kennedy of the 4th: A bill creating and establishing a Small Claims Court for Evans

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County, Georgia, to be known as the Small Claims Court of Evans County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in 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 47. By Representatives Wall of the 61st, Harris of the 60th and Phillips of the 59th:
A bill to amend an Act establishing the State Court of Gwinnett County, approved March 24, 1937 so as to abolish the position of special in vestigator for the solicitor of the State Court of Gwinnett County.

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

On the passage of the bill, the yeas were 50, nays 0.

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

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

Allgood Banks Barnes Bell Brantley CarterDean of 6th Doss Eldridge English Evans Foster

Greene Holloway (presiding) Hudson Johnson Kennedy Kidd
Langford Lester Overby Paulk Reynolds Riley

Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Ballard Barker Bond Broun of 46th Brown of 47th Coverdell Dean of 31st

Duncan Fincher Gillis Hill Howard Hudgins McGill

Pearce Robinson Russell Starr Tate Traylor

Senator Kidd of the 25th introduced the chaplain of the day, Reverend M. Eugene Dunn, pastor of the First United Methodist Church, Milledgeville, Georgia, who offered prayer.

MONDAY, JANUARY 17, 1977

121

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 38. By Senators Broun of the 46th and Banks of the 17th: A resolution commending Miss Dana Craze.

The President assumed the chair.
SENATE CALENDAR
Monday, January 17, 1977
SB 11. Southern Judicial Circuit Superior Court--fix terms SB 12. Alapaha Judicial Circuit--additional judge SB 14. Rules and Regulations of Executive Agencies--legislative overview SB 17. Juvenile Court Code--jurisdiction of juvenile courts SB 18. Adoption laws--revise SB 19. Request for Ambulance Service--unlawful when no need SB 21. Legislative Counsel and Legislative Services Committee--
membership SB 31. Motor Vehicle Flashing Blue Light--only on law enforcement
vehicle SB 32. Radar Speed Device--Commissioner of Public Safety may suspend SB 37. Board of Barbers--change composition SB 43. Actuarial Services Department--create SB 45. Personnel Board--adopt classification plan after 4/1/78 SB 47. Georgia Election Code--duties of poll managers after close of polls SB 48. Georgia Municipal Election Code--duties of poll managers after
close of polls SB 53. Motor Vehicle Operator--financial responsibility SB 58. Divorce Petitions--show social security number SR 7. Senate EREG Committee--repeal Resolution creating SR 13. General Assembly Members--change terms of office (SUB) SR 14. State, County and City Public Officials--provide for recall SR 16. General Assembly Members--change terms of office SR 17. Minimum Sentencing Study Committee--create SR 18. "Peanut State"--designating State of Georgia

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SR 20. Apalachicola-Chattahoochee-Flint Waterways--relative to SR 24. Senate Veterans Affairs Committee--urge U. S. Senate to retain HB 1. Georgia Building Authority--supplementary appropriations (SUB) HB 19. Garnishment--provide for judicial supervision

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

SB 11. By Senators Turner of the 8th, Button of the 9th and Russell of the 10th:
A bill to fix the terms of the superior courts of the Southern Judicial Circuit in the counties comprising said circuit; 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:

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

Evans Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Those not voting were Senators:

Duncan Hill

Summers Walker

Pearce Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger
Wessels

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123

On the passage of the bill, the yeas were 51, nays 0.

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

SB 12. By Senators Turner of the 8th and Eldridge of the 7th:
A bill to add one additional judge of the superior courts of the Alapaha 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.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge English Evans

Fincher Foster Gillis Greene Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Wessels

Voting in the negative was Senator Doss.

Those not voting were Senators:

Duncan Hill

Holloway Overby

Stephens Walker

On the passage of the bill, the yeas were 49, nays 1.

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

SB 14. By Senators Foster of the 50th and Barnes of the 33rd:
A bill to provide for legislative overview 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.

Senator Evans of the 37th offered the following amendment:

Amend SB 14 by striking the words "during the first week of each regular session of the General Assembly" beginning on line 32, Page 3, and adding "on December 1st of each year".

On the adoption of the amendment, the yeas were 45, nays 1, and the amendment was adopted.

Senator Reynolds of the 48th offered the following amendment:

Amend SB 14 by striking on line 24, Page 3, the word "considered" and inserting in lieu thereof the word "adopted", and by striking on line 1, Page 4, the word "considered" and inserting in lieu thereof the word "adopted".

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:

Allgood Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 31st Doss
Eldridge English Evans Fincher Foster

Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester
McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Stephens Stumbaugh Summers Button Tate Thompson Traylor
Turner Tysinger Wessels

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125

Those voting in the negative were Senators:

Ballard

Brown of 47th

Dean of 6th

Those not voting were Senators:

Duncan Starr

Timmons

Walker

On the passage of the bill, the yeas were 49, nays 3.'

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

SB 18. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to comprehensively revise the adoption laws of this State; to provide for jurisdiction and venue in adoption proceedings; to define who may adopt children; to require surrender or termination of parental rights prior to adoption except in certain cases; to set forth the requirements and form of a surrender of parental rights.

Senator Langford of the Blst moved to commit SB 18 to the Committee on Judiciary.

On the motion, Senator Shapard of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Bell Dean of 6th Doss

Greene Langford Lester McGill Overby Pearce

Those voting in the negative were Senators:

Banks Barker Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Evans

Pincher Foster Gillis Holloway Howard Johnson Kennedy Kidd Paulk Robinson Russell

Reynolds Riley Summers Sutton Thompson Turner
Scott Shapard Starr Stephens Tate Traylor Tysinger Walker Wessels

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Those not voting were Senators:

Duncan English Hill

Hudgins Hudson Stumbaugh

Timmons

On the motion, the yeas were 18, nays 31, and the motion was lost.

Senator Langford of the 51st offered the following amendment:

Amend SB 18 by striking from line 25, Page 3, beginning with the word "otherwise" and continuing through line 29.

On the adoption of the amendment, the yeas were 21, nays 20, and the amendment was adopted.

Senator Shapard of the 28th offered the following amendment: Amend SB 18 by striking from line 22 of Page 3 the following:

and inserting in lieu thereof the following:
"; or (5) where a child has been placed for adoption by a juvenile court, or other court of competent jurisdiction, which has terminated the parental rights of the parents."
On the adoption of the amendment, the yeas were 42, 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:

Those voting in the affirmative were Senators:

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

Doss Eldridge Evans Pincher
Foster Gillis Greene Holloway Howard Johnson Kennedy Kidd

Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard

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127

Starr Stephens Summers Sutton

Tate Thompson Traylor Turner

Tysinger Walker Wessels

Those voting in the negative were Senators Ballard and Dean of 6th.

Those not voting were Senators:

Duncan English Hill

Hudgins Hudson

Stumbaugh Timmons

On the passage of the bill, the yeas were 47, nays 2.

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

SB 19. By Senators Johnson of the 34th, Banks of the 17th, Barnes of the 33rd and others:
A bill to provide that it shall be unlawful to transmit in any manner a request for ambulance service to any person, firm or corporation furnishing such ambulance service, public or private, knowing at the time of making such request that there exists no reasonable need for such ambulance service.

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:

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

Fincher Foster Gillis Greene Holloway Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Summers Sutton Tate Thompson Traylor Turner Tysinger Wessels

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Those not voting were Senators:

Bell Duncan English

Hill Hudgins Hudson

Stumbaugh Timmons Walker

On the passage of the bill, the yeas were 47, nays 0.

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

SB 21. By Senators Eldridge of the 7th and Riley of the 1st:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, as amended, so as to change the membership of the Committee; 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:

Allgood Banks Barker Barnes Brantley Carter Coverdell Dean of 31st Doss Eldridge Evans Gillis

Greene Holloway Howard Hudson Johnson Paulk Pearce Reynolds Riley Robinson Russell Scott

Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Those voting in the negative were Senators:

Ballard Broun of 46th Dean of 6th Pincher

Poster Kennedy Kidd Langford

Lester McGill Overby Traylor

Those not voting were Senators:

Bell Bond Brown of 47th

Duncan English Hill

Hudgins Stumbaugh Walker

On the passage of the bill, the yeas were 35, nays 12.

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

MONDAY, JANUARY 17, 1977

129

SB 31. By Senators Reynolds of the 48th, Barnes of the 33rd and Greene of the 26th:
A bill to provide that it shall be unlawful for any motor vehicle other than law enforcement vehicles, to be operated with flashing or revolving blue lights.

Senator Reynolds of the 48th offered the following amendment:

Amend SB 31 by striking on line 23, Page 1, the following:

"belonging to",

and inserting in lieu thereof the following: "owned, leased or used by".

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:

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

Foster Gillis Greene Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Duncan English

Hill Holloway

Hudgins Stumbaugh

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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 as amended.

SB 32. By Senators Reynolds of the 48th, Barnes of the 33rd and Greene of the 26th:
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.

Senator Reynolds of the 48th offered the following amendment: Amend SB 32 by striking on Page 3, line 5, the word "full".

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:

Allgood Ballard Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans Poster

Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester
Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Shapard
Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Banks Bell Duncan

Pincher Hill McGill

Stumbaugh

MONDAY, JANUARY 17, 1977

131

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 Holloway of the 12th, President Pro Tempore, resumed the chair.

SB 37. By Senators Russell of the 10th, Kidd of the 25th, Dean of the 6th and others:
A bill to amend an Act known as the "Georgia Barber Act", so as to change the composition of the Georgia State Board of Barbers; to change the manner of appointment of Board members.

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

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

Those voting in the affirmative were Senators:

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

Eldridge English Evans Foster Gillis Greene Howard Hudgins Johnson Kennedy Kidd Langord Lester Overby Paulk

Pearce Reynolds Riley Russell
Scott Starr Summers Tate Thompson Timmons Traylor Turner Walker Wessels

Those voting in the negative were Senators:

Robinson

Shapard

Sutton

Those not voting were Senators:

Duncan Fincher Hill

Holloway (presiding) Hudson McGill

Stephens Stumbaugh Tysinger

On the passage of the bill, the yeas were 44, nays 3.

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

The President resumed the chair.

SB 43. By Senators Coverdell of the 40th, Howard of the 42nd and Riley of the 1st:
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.

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:

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

Evans Fincher Poster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Duncan Hill

McGill Stumbaugh

Wessels

On the passage of the bill, the yeas were 51, nays 0.

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

Senator Kidd of the 25th moved that the following bill of the Senate be post poned until January 31, 1977:

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133

SB 45. By Senators Kidd of the 25th, Russell of the 10th, McGill of the 24th and others:
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 provide that the State Personnel Board shall not adopt a Statewide Classification Plan prior to April 1, 1978.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 45 was postponed until January 31, 1977.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 47. By Senators Kidd of the 25th, Bond of the 39th, McGill of the 24th and others:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for the duties of poll managers after the close of polls in districts in which vote recorders are used; to provide for procedures at the tabulation 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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Coverdell Duncan Hill

Johnson Starr Stumbaugh

Wessels

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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.

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:

HR 64. By Representatives Coleman of the 118th and Murphy of the 18th:
A resolution authorizing the boards of education of county and indepen dent school systems to declare Thursday, January 20, 1977, a public and legal holiday.

HR 65. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution relative to adjournment.

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 48. By Senators Kidd of the 25th, Traylor of the 3rd, Russell of the 10th and others:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for the duties of poll managers after the close of the polls in districts in which vote recorders are 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 Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge English Evans Pincher Poster Gillis Greene

MONDAY, JANUARY 17, 1977

135

Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill

Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard Starr

Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Allgood Duncan

Hill Stumbaugh

Wessels

On the passage of the bill, the yeas were 51, nays 0.

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

SB 53. By Senators Kidd of the 25th, McGill of the 24th, Bond of the 39th and others:
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.

Senator Kidd of the 24th offered the following amendment: Amend SB 53 by striking from line 29 of Page 6 the words "tenth
day" and inserting in lieu thereof the words "thirtieth day". By striking from line 30 of Page 7 the following: "10 days",
and inserting in lieu thereof the following: "30 days".
On the adoption of the amendment, the yeas were 45, 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:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langf ord Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators Duncan and Stumbaugh.

On the passage of the bill, the yeas were 54, nays 0.

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

SB 58. 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 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:

Allgood Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher Foster Gillis

Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester

MONDAY, JANUARY 17, 1977

137

McGill Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Shapard Stephens Summers Sutton Tate

Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Duncan

Hudgins Starr

Stumbaugh

On the passage of the bill, the yeas were 51, nays 0.

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

SR 7. By Senators Riley of the 1st, Holloway of the 12th and Eldridge of the 7th:
A resolution to repeal a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, as amended.

Senator Kidd of the 25th offered the following amendment: Amend SR 7 by striking from lines 17 and 18 the following: "upon its approval by the Governor or upon its becoming law without his approval",
and inserting in lieu thereof the following: "December 31, 1978".

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:

Allgood Barker Bond Dean of 6th Dean of 31st English Fincher Gillis Hill Hudgins

Hudson Kennedy
Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Russell
Scott Stephens Summers Tate Thompson Timmons Traylor Tysinger Walker

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Banks Barnes Bell Broun of 46th Carter Coverdell Doss

Eldridge Evans Foster Greene Holloway Howard Johnson Riley

Robinson Shapard Starr Sutton Turner Wessels

Those not voting were Senators:

Brantley Brown of 47th

Duncan

Stumbaugh

On the adoption of the amendment, the yeas were 30, nays 22, 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:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss

Eldridge Evans Foster Greene Holloway Howard Hudson Johnson Lester Overby Paulk

Those voting in the negative were Senators:

Barker Bond Dean of 6th English Fincher Gillis Hill Hudgins

Kennedy Kidd Langford McGill Pearce Russell
Scott Stephens

Reynolds Riley Robinson Shapard Starr Summers Thompson Timmons Wessels
Sutton Tate Traylor Turner Tysinger Walker

Those not voting were Senators:

Brantley

Duncan

Stumbaugh

MONDAY, JANUARY 17, 197?

139

On the adoption of the resolution, the yeas were 31, nays 22.

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

Senator Eldridge of the 7th gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting SR 7.

The President announced that the Senate would stand in recess from 1:30 o'clock P.M. until 3:30 o'clock P.M.

The President called the Senate to order at 3:30 o'clock P.M.

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

SR 13. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article III, Section V of the Constitution of 1976 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. Terms of Members. The members of the General Assembly in office on the effective date of this paragraph shall serve out the remainder of their respective terms. The members of the General Assembly elected at the 1978 general election shall be elected to terms of office of four years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth year of such members' terms of office. Thereafter, the members of the General Assembly shall be elected to terms of office of four years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth year of such members' terms of office."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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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 ( ) NO terms of office of members of the General Assembly from two years to 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.

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following substitute to SR 13:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for four-year terms for members of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article III, Section V of the Constitution is hereby amended by striking Paragraphs I and II in their entirety and inserting in lieu thereof new Paragraphs I and II, to read as follows:
"Paragraph I. Terms of Members. The members of the General Assembly elected at the 1978 general election and thereafter shall be elected for terms of office of four years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth year of such members' terms of office.
Paragraph II. Election, When. The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1978, and sub sequent elections quadrennially, on that day, until the day of election is changed by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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141

" ( ) YES Shall the Constitution be amended so as to provide for ( ) NO four-year terms for members of the General As sembly?"

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, the yeas were 46, 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:

Allgood Banks Barker Barnes Bond Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Eldridge English Fincher Foster Gillis

Greene Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Paulk Pearce Riley Robinson Russell Scott

Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Coverdell Doss

Evans Holloway Howard

Overby Reynolds Stumbaugh

Those not voting were Senators:

Bell

Duncan

Hill

Brantley

On the adoption of the resolution, the yeas were 43, nays 9.

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

SR 14. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the recall of State, county, and municipal public officials who hold elective office; 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 II of the Constitution is hereby amended by adding at the end thereof a new Section to be designated Section IV to read as follows:
"SECTION IV.
RECALL
Paragraph I. Recall of Public Officials Holding Elective Office. All State, county, and municipal public officials who hold an elective office are subject to recall by the voters of the State, county, or municipal corporation from which elected. Procedures and grounds for recall shall be prescribed by law by the General Assembly."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.
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 ( ) NO the recall of State, county, and municipal public of ficials who hold elective office?"
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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143

Senator Stumbaugh of the 55th offered the following amendment:

Amend SR 14 by striking the words "county, and municipal" on lines 2, 13 and 27, and by striking the words "county or municipal corporation" on lines 15 and 16.

On the adoption of the amendment, the yeas were 7, nays 31, and the amend ment 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:

Allgood Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Evans Fincher

Foster Greene Holloway Howard Hudson Johnson Langford Lester Overby Paulk Reynolds Riley Robinson Russell

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Those voting in the negative were Senators:

Dean of 6th Doss English Gillis

Kennedy Kidd McGill

Pearce Traylor Walker

Those not voting were Senators:

Bell Brantley

Duncan Hill

Hudgins

On the adoption of the resolution, the yeas were 41, nays 10.

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

Senator Tate of the 38th moved that the following resolution be withdrawn from consideration of the Senate:

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SR 16. By Senators Tate of the 38th, Eldridge of the 7th, Lester of the 23rd and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of members of the General Assembly; to provide for the submission of this amendment for ratification or rejec tion.

On the motion, the yeas were 42, nays 0; the motion prevailed, and SR 16 was withdrawn from consideration of the Senate.

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

SR 17. By Senator Barnes of the 33rd: A resolution creating the Minimum Sentencing 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:

Allgood Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge English Evans Pincher Poster

Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Those not voting were Senators:

Bell Brantley

Dean of 31st Duncan

Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Hill Hudgins

On the adoption of the resolution, the yeas were 50, nays 0.

MONDAY, JANUARY 17, 1977

145

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

SR 18. By Senators Paulk of the 13th, Holloway of the 12th, Sutton of the 9th and others:
A resolution designating the State of Georgia as the "Peanut State".

Senator Overby of the 49th offered the following substitute to SR 18:
A RESOLUTION
Designating the State of Georgia as the "Poultry State"; and for other purposes.
WHEREAS, Georgia is the number one poultry state in the nation and "Poultry Capital of the World"; and
WHEREAS, Georgia has been the number one poultry state in the nation since 1957; and
WHEREAS, poultry is the largest segment of agriculture and agribusiness in Georgia and has been since 1955; and
WHEREAS, the daily poultry production in Georgia averages 5,100,000 pounds of chicken; 13,850,000 eggs; and 30 tons of turkey; and
WHEREAS, poultry has provided 29 to 41 percent of the total farm income to Georgia farmers for the past decade; and
WHEREAS, it is the desire of Georgians and the General Assembly to promote the sale of this farm product and to recognize its rightful contribution to the economy of our State and Nation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the State of Georgia is hereby designated and shall be known as the "Poultry State".
Senator Howard of the 42nd moved that SR 18 be committed to the Committee on Economy, Reorganization and Efficiency in Government.
On the motion, Senator Paulk of the 13th 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 Broun of 46th Brown of 47th

Coverdell Doss Evans

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Fincher Foster Greene Howard Johnson Langford

Lester Reynolds Robinson Scott Shapard Starr

Those voting in the negative were Senators:

Allgood Ballard Carter Dean of 6th Eldridge English Gillis Holloway

Hudgins Hudson Kennedy Kidd McGill Overby Paulk Pearce

Stephens Stumbaugh Summers Tate Thompson Tysinger
Riley Russell Sutton Timmons Traylor Turner Walker Wessels

Those not voting were Senators:

Bell Brantley

Dean of 31st

Hill

Duncan

On the motion, the yeas were 27, nays 24; the motion prevailed, and SR 18 was committed to the Committee on Economy, Reorganization and Efficiency
in Government.

SR 20. By Senators Timmons of the llth, Russell of the 10th, Carter of the 14th and others:
A resolution relative to the Apalachicola-Chattahoochee-Flint waterway.

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:

Allgood Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge

English Evans Fincher Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester

McGill Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers

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147

Sutton Tate Thompson

Timmons Traylor Turner

Walker Wessels

Those voting in the negative were Senators Foster and Overby.

Those not voting were Senators:

Bell Brantley Dean of 31st

Duncan Hill

Hudgins Tysinger

On the adoption of the resolution, the yeas were 47, nays 2.

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

SR 24. By Senators Russell of the 10th, Evans of the 37th, Hudson of the 35th and others:
A resolution urging the United States Senate to retain the Senate Veterans Affairs Committee as a standing Senate 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:

Allgood Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Doss Eldridge English Evans Foster

Gillis Greene Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Bell Brantley Dean of 31st

Duncan Fincher Hill

Holloway Starr

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On the adoption of the resolution, the yeas were 48, nays 0.

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

Senator Broun of the 46th assumed 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 1. By Representative Harris of the 8th: A bill to provide for the Georgia Building Authority a supplementary appropriation for the remainder of Fiscal Year ending June 30, 1977, in connection with Georgia Building Authority Project No. 39Y.
Senate Sponsor: Senator Holloway of the 12th:

The Senate Committee on Appropriations offered the following substitute toHB 1:
A BILL
To be entitled an Act to provide for the Georgia Building Authority, through the Department of Administrative Services, in addition to any other appropriations heretofore or hereafter made, a supplementary appropriation for the remainder of the Fiscal Year ending June 30, 1977, in connection with Georgia Building Authority Project No. 39Y; to confer certain responsibilities upon the Office of Planning and Budget; 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. Department of Administrative Services. There is hereby appropriated to the Department of Administrative Services for the remainder of the Fiscal Year ending June 30, 1977, in addition to any other appropriations heretofore or hereafter made, the following sum of money:
Budget Unit: Department of Administrative Services .._-...........-....................--$ 1,750,000
Georgia Building Authority Budget:
Direct Payments to Authority for Construction^- $ 1,750,000 Total Funds Budgeted ,,_...._...-..-.-.........,,.._........-....$ 1,750,000 State Funds Budgeted ................-.............-...,,..........$ 1,750,000
Provided, the above appropriation is designated and committed for

MONDAY, JANUARY 17, 1977

149

foundation construction and other expenses of the Twin Towers Project (Georgia Building Authority Project No. GBA 39Y).

Total Supplemental Appropriation

Fiscal Year 1976-77

....

...._...... .__.___......$ 1,750,000.

Section 2. The Office of Planning and Budget is hereby directed to economize wherever possible, and in the event any part of the appropriation provided in the foregoing section of this Act shall be in excess of the actual approved budget allotments for the Fiscal Year, the amount so in excess as determined by the Office of Planning and Budget shall cease to be an obligation of the State.

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.

Senators Bond of the 39th and Tate of the 38th offered the following amend ment to the committee substitute:
Amend the substitute offered by the Committee on Appropriations to HB 1 by renumbering Sections 3 and 4 on Page 2 as Sections 4 and 5, respectively, and inserting a new Section 3 to read as follows:
"Section 3. The Office of Planning and Budget is hereby di rected to insure minority participation in all future phases of con struction.''

On the adoption of the amendment to the committee substitute, the yeas were 36, nays 0, and the amendment was adopted.

The President resumed the Chair.

On the adoption of the committee substitute, the yeas were 43, 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:

Those voting in the affirmative were Senators:

Allgood Banks
Barnes

Bond Broun of 46th
Brown of 47th

Carter Coverdell
Doss

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Eldridge English Evans Fincher Foster Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd

Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard Starr

Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard

Barker

Dean of 6th

Those not voting were Senators:

Bell Brantley Dean of 31st

Duncan Hill

Hudgins Stephens

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 19. By Representatives Irvin of the 23rd, Games of the 43rd and Evans of the 84th:
A bill to amend Code Title 46, relating to garnishment, as amended, so as to provide for judicial supervision and for approval of certain affidavits; to provide for certain affidavits, their contents and how and before whom made.
Senate Sponsor: Senator Pearce of the 16th.

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:

Allgood Ballard Banks Barker Barnes Bond
Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Doss Eldridge English Evans
Fincher Foster Gillis

Greene Holloway Howard Hudson Johnson Kennedy
Kidd Langford Lester

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151

McGill Overby Paulk Pearce Reynolds Robinson Russell

Scott Shapard Starr Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Brantley Dean of 31st

Duncan Hill Hudgins

Riley Stephens

On the passage of the bill, the yeas were 48, nays 0.

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

SB 17. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to make certain technical corrections; to change the provisions relating to the jurisdiction of juvenile courts; to change the provisions relating to orders terminating parental rights.

Senator Shapard of the 28th offered the following amendment:

Amend SB 17 by striking from lines 4 and 5 of Page 1 the following:

"to change the provisions relating to orders terminating parental rights;".

By deleting Section 3 on lines 11 through 23 of Page 2, in its entirety.

By renumbering Section 4, beginning on line 24 of Page 2, as Section 3.

On the adoption of the amendment, the yeas were 41, 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:

Allgood Ballard Banks Barker

Barnes Bond Broun of 46th Brown of 47th

Carter Coverdell Doss Eldridge

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English Evans Fincher Foster Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd

Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard

Starr Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Bell Brantley Dean of 31st

Duncan Hill Hudgins

Stephens 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 resolutions of the Senate and House were read and adopted:

SR 43. By Senators Johnson of the 34th, Holloway of the 12th, Turner of the 8th and others:
A resolution commending the Atlanta Braves Baseball Team.

HR 64. By Representatives Coleman of the 118th and Murphy of the 18th:
A resolution requesting each board of education of each county and independent school system of this State to consider closing their schools on Thursday, January 20, 1977, in honor of President James Earl Carter, Jr. and make said day up at a later day.
HR 65. By Representative Murphy of the 18th and others:
A resolution relative to adjournment at 12:00 o'clock Noon on January 18, 1977, and reconvene at 10:00 o'clock A.M. January 31, 1977.
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 5:34 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 18, 1977

153

Senate Chamber, Atlanta, Georgia Tuesday, January 18, 1977

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

Senator Johnson of the 3'4th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Eldridge of the 7th moved that the Senate reconsider its action of January 17 in adopting the following resolution of the Senate:

SR 7. By Senators Riley of the 1st, Holloway of the 12th and Eldridge of the 7th:
A resolution to repeal a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, as amended.

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Carter Dean of 31st Doss Eldridge English Evans

Foster Greene Holloway Howard Hudson Johnson Langford Lester Paulk
Reynolds Riley Robinson

Those voting in the negative were Senators:

Bond Dean of 6th Fincher Gillis Hudgins

Kennedy Kidd McGill Overby

Those not voting were Senators:

Brantley Broun of 46th Brown of 47th

Coverdell Duncan Hill

Scott Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Tvsinger Walker Wessels
Russell Stephens Tate Traylor
Pearce Turner

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JOURNAL OF THE SENATE,

On the motion to reconsider, the yeas were 35, nays 13; the motion prevailed, and SR 7 was placed at the foot of the 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:

HB 29. By Representative Howell of the 140th:
A bill to amend an Act creating a small claims court in certain counties of this State, approved Mar. 10, 1966, so as to change the provisions relat ing to the jurisdiction of said court.

HB 127. By Representatives Home of the 104th, Birdsong of the 103rd, Randall of the 101st and others:
A bill to provide for the recall of members of the Board of Commission ers of Bibb County, Georgia; to provide for procedures for recall; to provide for elections; to provide limitations of periods of time during which elections may be held.

HB 136. By Representative Dover of the llth: A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham) so as to change the compensation of the judge and solicitor of said court.
HB 146. By Representative Johnson of the 74th: A bill to amend an Act creating the Board of Commissioners of Newton County so as to change the compensation of the chairman of the board of commissioners.
HB 147. By Representative Johnson of the 74th: A bill to amend an Act creating the office of Tax Commissioner of Newton County so as to change the compensation of the Tax Commis sioner of Newton County.
HB 148. By Representative Johnson of the 74th: A bill to amend an Act placing the Sheriff of Newton County on a salary basis so as to change the compensation of the Sheriff of Newton County.

TUESDAY, JANUARY 18, 1977

155

HB 149. By Representative Johnson of the 74th:
A bill to amend an Act placing the Judge of the Probate Court of Newton 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 Newton County.

HB 150. By Representative Johnson of the 74th:
A bill to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary so as to change the compensation of the Clerk of the Superior Court of Newton County.

HB 159. By Representatives Richardson of the 52nd, Hawkins of the 50th, Sizemore of the 136th and others:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the City of Decatur as one of the cities and towns to which the prohibition of said Code Section does not apply.

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

SB 106. By Senator Kidd of the 25th:
A bill to repeal Code Section 58-607, relating to the sale of liquors near Central State Hospital. Referred to Committee on Consumer Affairs.

SB 107. By Senators Hudgins of the 15th, Lester of the 23rd, Hudson of the 35th and others:
A bill to amend Code Section 92-3107, relating to taxable net income for individual State income tax purposes, as amended, so as to provide that certain retirement income received from a Federal retirement, pension or annuity plan will not be included within net taxable income for Georgia income tax purposes. Referred to Committee on Banking, Finance and Insurance.

SB 108. By Senators Pearce of the 16th, Riley of the 1st and Hudgins of the 15th:
A bill to specify certain basic rights for law enforcement officers; to provide definitions; to provide for the right of law enforcement officers to engage in political activity. Referred to Committee on Judiciary.

SB 109. By Senators Timmons of the llth and Turner of the 8th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that certain retired members may elect, upon divorce, to

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JOURNAL OF THE SENATE,

revoke his or her previously exercised election for an optional retire ment allowance.
Referred to Committee on Retirement.

SB 110. By Senator Stephens of the 36th:
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 provide for a Fulton County Employee's Retirement Plan of 1977. Referred to Committee on Retirement.

SB 111. By Senator Stephens of the 36th:
A bill to abolish the position of Special Assistant to the Solicitor Gen eral of the Criminal Court of Fulton County, now the State Court of Fulton County; to provide that the number of Assistant Solicitors of the Criminal Court of Fulton County, now the State Court of Fulton County, be increased to a total of nine. Referred to Committee on County and Urban Affairs.

SB 112. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to provide for a Fulton County Teacher's Retirement Plan of 1977. Referred to Committee on Retirement.

SB 113. By Senator Stephens of the 36th:
A bill to create a Fulton County Water Authority. Referred to Committee on County and Urban Affairs.

SB 114. By Senator Hudson of the 35th:
A bill to amend an Act entitled, "An Act 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 thirty (30) years of service may retire upon attaining 55 years of age.
Referred to Committee on Retirement.

SB 115. By Senator Stephens of the 36th:
A bill to create a Joint-City County Board of Tax Assessors in all counties of this State having therein the greater part of a city of a population of 300,000 or more according to the United States Census of 1970, or any future such United States Census. Referred to Committee on County and Urban Affairs.

TUESDAY, JANUARY 18, 1977

157

SB 116. By Senator Stephens of the 36th:
A bill to amend Georgia Code S47-102, pertaining to apportionment of the Senate of the General Assembly. Referred to Committee on Rules.

SB 117. By Senator Stephens of the 36th:
A bill to provide that whenever the State shall either directly provide any service to the residents of any county or shall provide funds for all or part of the cost of any service to the residents of any county, there shall be paid to any other county of the State which provides such service, the same per capita amount as shall have been expended by the State in providing services to the residents of other counties. Referred to Committee on Appropriations.

SB 118. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Pulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes," as amended, so as to provide that no person shall be entitled to claim credit for prior service if such service is claimed for retirement or pension benefits under other retirement or pension system. Referred to Committee on Retirement.

SB 119. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Pulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Pulton County, and for other purposes," so as to provide for an adjustment of retirement or pension benefits for certain teachers and employees and beneficiaries. Referred to Committee on Retirement.

SB 120. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to change the provisions relative to the claiming of credit for military service. Referred to Committee on Retirement.

SB 121. By Senator Stephens of the 36th:
A bill to amend the "Georgia Criminal Justice Act," so as to provide for the appropriation and distribution of State funds. Referred to Committee on Judiciary.

SB 122. By Senator Stephens of the 36th:
A bill to amend Code Chapter 24-27, pertaining to the Clerks of Superior Court. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

SB 123. By Senator Stephens of the 36th:
A bill to amend an Act creating the State Board of Pardons and Paroles, so as to provide that when any person who shall have been arrested pursuant to a warrant issued by any member of the State Board of Pardons and Paroles shall be confined in any county jail, the State Board of Pardons and Paroles shall pay to the county wherein said jail is lo cated the cost of confining such person.
Referred to Committee on Appropriations.

SB 124. By Senator Stephens of the 36th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to prisons, public works camps and prisoners, so as to provide that within a reasonable time after conviction of a person the clerk of the court shall notify the Director of Corrections.
Referred to Committee on Offender Rehabilitation.

SB 125. By Senator Stephens of the 36th:
A bill to provide that no county or municipality shall exercise any of the powers or provide any of the services specified in Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia, except under the authority conferred by Article IX, Section IV, Paragraph II of the Constitution of Georgia. Referred to Committee on County and Urban Affairs.

SB 126. By Senator Stephens of the 36th:
A bill to provide that in certain counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wine is lawfully au thorized, such sale for consumption on the premises shall be authorized during certain hours. Referred to Committee on Consumer Affairs.

SB 127. By Senator Stephens of the 36th:
A bill to amend an Act known as the Revenue Tax Act, to legalize and control alcoholic beverages and liquors. Referred to Committee on Consumer Affairs.

SB 128. By Senator Stephens of the 36th:
A bill to provide that whenever Fulton County shall furnish any service to any of its residents, it shall determine the quantity and quality of the service furnished to the residents of each incorporated area and each portion of the unincorporated area within such county and to apportion the cost of such services among such areas. Referred to Committee on County and Urban Affairs.

TUESDAY, JANUARY 18, 1977

159

SB 129. By Senator Stephens of the 36th:
A bill to create the State Board of Examiners of Power Engineers; to provide for a short title; to define certain terms; to provide for the appointment of members of the Board and their terms, qualifications, compensation and removal. Referred to Committee on Consumer Affairs.

SB 130. By Senators Stephens of the 36th and Holloway of the 12th:
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. Referred to Committee on Consumer Affairs.

SB 131. By Senators Traylor of the 3rd and Banks of the 17th:
A bill to amend the Executive Reorganization Act of 1972, as amended, so as to provide for a Division of Small and Minority Business Assistance within the Department of Industry and Trade (formerly Department of Community Development). Referred to Committee on Industry, Labor and Tourism.

SB 132. By Senators Traylor of the 3rd and Dean of the 6th:
A bill to amend Code Chapter 47-10, relating to lobbying, as amended, so as to require persons registered under this Code Chapter to file reports concerning certain contributions made to or on behalf of mem bers of the General Assembly; to provide a penalty. Referred to Committee on Rules.

SB 133. By Senators Traylor of the 3rd and Dean of the 6th:
A bill to amend Code Chapter 47-10, relating to lobbying, so as to require certain State employees to register as lobbyists; to provide exceptions; to require State employees registered as lobbyists to record their atten dance before committees and subcommittees of the General Assembly during business hours of the agency which employs them. Referred to Committee on Rules.

SB 134. By Senators Traylor of the 3rd, Hudgins of the 15th, Wessels of the 2nd and others:
A bill to provide for a cohesive statewide emergency telephone number system; to provide a short title; to provide for legislative intent; to define certain terms to provide for a statewide plan; to provide for regional systems. Referred to Committee on Public Utilities.
SB 135. By Senator Broun of the 46th:
A bill to amend an Act creating the Department of Public Safety, as

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amended, so as to change the composition of the headquarters' staff of the Uniform Division of the Department of Public Safety; to provide for a logistics officer.
Referred to Committee on Transportation.

SB 136. By Senator Hudson of the 35th:
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 members 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 137. By Senator Pearce of the 16th:
A bill to repeal an Act entitled "An Act 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'; to repeal conflicting laws; and for other purposes".
Referred to Committee on County and Urban Affairs.

SB 138. By Senator Barnes of the 33rd:
A bill to amend an Act providing for modification of permanent alimony adjustments, as amended, so as to remove a limitation upon the filing of petitions. Referred to Committee on Judiciary.

SB 139. By Senator Barnes of the 33rd:
A bill to amend Code Title 76, relating to peace warrants and behavior bonds, as amended, so as to provide that, in counties in which a State court is established, bonds for good behavior and bonds to keep the peace shall be returnable in the State court. Referred to Committee on Judiciary.

SB 140. By Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd and others:
A bill to create the Prosecuting Attorneys' Retirement System; to provide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith. Referred to Committee on Retirement.

SR 40. By Senator Hill of the 29th:
A resolution designating the John C. Barrow Memorial Bridge. Referred to Committee on Transportation.

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161

SR 42. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the increase in retirement or pension benefits of individuals who retired pursuant to an Act providing a system of pension and retirement pay for teachers and employees of the Board of Education of Fulton County, as amended.
Referred to Committee on Retirement.

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

HB 29. By Representative Howell of the 140th:
A bill to amend an Act creating a small claims court in certain counties of this State, approved Mar. 10, 1966, so as to change the provisions relating to the jurisdiction of said court. Referred to Committee on County and Urban Affairs.

HB 127. By Representatives Home of the 104th, Birdsong of the 103rd, Randall of the 101st and others:
A bill to provide for the recall of members of the Board of Commissioners of Bibb County, Georgia; to provide for procedures for recall; to provide for elections; to provide limitations of periods of time during which elections may be held.
Referred to Committee on County and Urban Affairs.

HB 136. By Representative Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham) so as to change the compensation of the judge and solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 146. By Representative Johnson of the 74th:
A bill to amend an Act creating the Board of Commissioners of Newton County so as to change the compensation of the chairman of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 147. By Representative Johnson of the 74th:
A bill to amend an Act creating the office of Tax Commissioner of Newton County so as to change the compensation of the Tax Commissioner of Newton County. Referred to Committee on County and Urban Affairs.

HB 148. By Representative Johnson of the 74th:
A bill to amend an Act placing the Sheriff of Newton County on a salary basis so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

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HB 149. By Representative Johnson of the 74th:
A bill to amend an Act placing the Judge of the Probate Court of Newton 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 Newton County. Referred to Committee on County and Urban Affairs.

HB 150. By Representative Johnson of the 74th:
A bill to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary so as to change the compensation of the Clerk of the Superior Court of Newton County. Referred to Committee on County and Urban Affairs.

HB 159. By Representatives Richardson of the 52nd, Hawkins of the 50th, Childs of the 51st and others:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the City of Decatur as one of the cities and towns to which the prohibition of said Code Section does not apply. 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 38. Do pass. SB 42. Do pass. SR 36. Do pass.
Respectfully submitted, Senator McGill of 24th District, Chairman.

Senator Lester of the 23rd 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 and has instructed me,

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168

as Chairman, to report the same back to the Senate with the following recom mendations :
SB 13. Do pass.
SB 33. Do pass.
SR 26. Do pass.
Respectfully submitted, Senator Lester of 23rd 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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 27. Do pass as amended. Respectfully submitted, Senator Carter of 14th District, Chairman.

The following bills of the Senate and House were read the second time:

SB 68. By Senator Reynolds of the 48th:
A bill to create a new charter for the City of Lawrenceville; to provide for a mayor and council; to provide for their election, powers, duties and responsibilities; to provide for the administration of the affairs of said city.

SB 89. By Senator Foster of the 50th:
A bill to amend an Act placing the Clerk of the Superior Court of Rabun County on an annual salary, as amended, so as to change the com pensation of the clerk of the superior court.

SB 90. By Senator Foster of the 50th:
A bill to repeal an Act placing the clerk of the superior court of each county with a population of not less than 8,250 and not more than 8,330, according to the United States Decennial Census of 1970 or any future such census, on an annual salary.
HB 28. By Representative Howell of the 140th:
A bill to amend an Act placing the sheriff of Early County upon an annual salary, so as to provide that the annual salary of the sheriff shall be fixed by the governing authority.

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HB 30. By Representative Howell of the 140th:
A bill to amend an Act placing the Clerk of the Superior Court of Miller County on an annual salary in lieu of the fee system of compensa tion, so as to change the compensation of the clerk for his services as Clerk of the State Court of Miller County.

HB 56. By Representatives Cooper, Wilson and Kaley of the 19th, Harrison, Isakson and Nix of the 20th and others:
A bill to amend an Act providing a new charter for the City of Powder Springs, so as to delete from said charter those provisions providing for the repeal of the charter under certain circumstances.

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

Allgood Ballard Banks Barker Barnes Bell Bond Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher Foster

Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not answering were Senators:

Brantley Broun of 46th

Coverdell Duncan

Hill Hudgins

Senator Fincher of the 54th introduced the chaplain of the day, Reverend J. Ray Melear, pastor of Ringgold United Methodist Church, Ringgold, Georgia, who offered prayer.

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

The following resolutions of the Senate were read and adopted:
SR 39. By Senator Overby of the 49th: A resolution commending Dr. Cynthia T. Nonidez.

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155

SR 41. By Senators Traylor of the 3rd and Kennedy of the 4th: A resolution commending Honorable Paul E. Caswell.

SENATE CALENDAR Tuesday, January 18, 1977
SR 5. Public and Legal Holiday--January 20, 1977 (AM) SR 7. Senate EREG Committee--repeal Resolution creating

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 5. By Senators Tate of the 38th and Barker of the 18th: A resolution designating January 20, 1977, as a public and legal holiday.

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following amendment:
Amend SR 5 by adding on Page 2, line 10, in the last paragraph after the word "January" the following:
", 1977,",
so that when so amended, the last paragraph shall read as follows:
"BE IT FURTHER RESOLVED that the Honorable Governor of this State so proclaim the said twentieth day of January, 1977, as a public and legal holiday and, further, order that the State Capitol, all Departments of the State, all units of the University System of Georgia, and all other public schools in this State be and remain closed on the said date."

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 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:

Those voting in the affirmative were Senators:

Allgood Ballard

Banks Barker

Barnes Bell

166
Bond Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans Foster Gillis Greene Holloway

JOURNAL OP THE SENATE,

Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds
Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Walker Wessels

Those voting in the negative were Senators Scott and Tysinger.

Those not voting were Senators:

Brantley Broun of 46th

Duncan Pincher

Hill Hudgins

On the adoption of the resolution, the yeas were 48, nays 2.

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

Senator Bond of the 39th moved that SR 5 be immediately transmitted to the House.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SR 5 was immediately transmitted to the House.

The following resolution of the Senate, having been read the third time and adopted on January 17 and reconsidered today, was put upon its adoption:

SR 7. By Senators Riley of the 1st, Holloway of the 12th and Eldridge of the 7th:
A resolution to repeal a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, as amended.

Senator Riley of the 1st moved that the Senate reconsider its action in adopting the following amendment offered by Senator Kidd of the 25th:
Amend SR 7 by striking from lines 17 and 18 the following:

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167

"upon its approval by the Governor or upon its becoming law without his approval",

and inserting in lieu thereof the following:

"December 31, 1978".

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge English

Evans Foster Greene Holloway Howard Hudson Johnson Langford Lester Paulk Reynolds Riley

Robinson Scott Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

Those voting in the negative were Senators:

Bond Dean of 6th Gillis Hudgins Kennedy

Kidd McGill Overby Pearce Russell

Stephens Summers Traylor Tysinger

Those not voting were Senators:

Brantley

Duncan

Hill

Broun of 46th

Fincher

On the motion, the yeas were 37, nays 14; the motion prevailed, and the adoption of the amendment offered by Senator Kidd of the 25th was reconsidered.

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell

Bond Brown of 47th Carter Coverdell Dean of 31st Doss

Eldridge English Evans Foster Greene Holloway

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Howard Hudson Johnson Langford Lester Paulk Reynolds Riley

Robinson Scott Shapard Starr Stumbaugh Summers Sutton Tate

Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Dean of 6th Gillis Hudgins Kennedy

Kidd McGill Overby Pearce

Russell Stephens Traylor

Those not voting were Senators:

Brantley

Duncan

Hill

Broun of 46th

Fincher

On the adoption of the resolution, the yeas were 40, nays 11.

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

Senator Kidd of the 25th moved that SR 7 be immediately transmitted to the House.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SR 7 was immediately transmitted to the House.

The following resolution of the Senate was read and adopted:

SR 44. By Senators Johnson of the 34th, Barnes of the 33rd, Paulk of the 13th and others:
A resolution commending the Georgia Jaycees.

The President announced that the Senate would stand in recess from 11:40 o'clock A.M. until 12:00 o'clock Noon today, at which time the Senate would stand adjourned, pursuant to the provisions of HR 65, previously adopted, until Monday, January 31, at 10:00 o'clock A.M.

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169

Senate Chamber, Atlanta, Georgia Monday, January 31, 1977

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

Senator Robinson of the 27th reported that the Journal of proceedings of January 18 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 2. By Representatives Long of the 142nd, Keyton of the 143rd, Collins of the 144th and others:
A bill to amend an Act known as the "Georgia State Warehouse Act" approved Dec. 22, 1953, as amended, so as to provide a maximum surety bonding requirement of $100,000.00 for each warehouse licensed pursuant to the Act.

HB 33. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Code Section 34-1704 relating to venue in election contests, so as to change the procedure for determining which judge shall preside over an election contest.
HB 35. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide a procedure for certain electors to receive assistance in voting.
HB 36. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide a procedure for certain electors to receive assistance in voting.
HB 39. By Representative Egan of the 25th:
A bill to repeal Code Section 113-107, relating to regulation of charitable devises by any person leaving a wife or child, or descendants of child.

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HB 168. By Representatives Snow of the 1st, Walker of the 115th, Tucker of the 73rd and others:
A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on the Placement of Children"; to declare legislative findings.

HB 172. By Representatives Snow of the 1st, Bray of the 70th, Evans of the 84th and others:
A bill to amend Code Section 24A-3701 relating to the appointment of a judge pro tempore for a juvenile court, as amended, so as to authorize the appointment of the judge of a juvenile court of an adjoining county as a judge pro tempore.

HB 173. By Representatives Snow of the 1st, Bray of the 70th, Culpepper of the 98th and others:
A bill to amend an Act providing for personal jurisdiction over any nonresident, or his executor or administrator, as to a cause of action arising from the transaction of business within this State, or the com mission of a tortious act within this State, or owning, using or possessing real property situated within this State.

The House has agreed to the Senate substitute to the following bill of the House:

HB 1. By Representative Harris of the 8th:
A bill to provide for the Georgia Building Authority through the Depart ment of Administrative Services in addition to any other appropriations heretofore or hereafter made, a supplementary appropriation for the remainder of Fiscal Year ending June 30, 1977, in connection with Georgia Building Authority Project No. 39Y.

The House has adopted the following resolutions of the House:
HR 77. By Representatives Hawkins of the 50th, Carnes of the 43rd, Richardson of the 52nd and others: A resolution expressing regret at the passing of Mr. Joe I. Zimmerman.
HR 79. By Representatives Clark, Mann and Milford of the 13th and others: A resolution commending Chief of Police Carlton Lewis.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 141. By Senator Evans of the 37th: A bill to amend Code Section 95-A-621, relating to procedure for dis-

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171

position of property under the provisions of the Georgia Code of Public Transportation, as amended, so as to provide the authority for the Department of Transportation, a county or a municipality to dispose of property no longer needed for public road purposes.
Referred to Committee on Transportation.

SB 142. By Senators Greene of the 26th, Evans of the 37th, Riley of the 1st and others:
A bill to abolish fees for Justices of the Peace of this State for issuing search warrants and arrest warrants and all other fees for Justices of the Peace of this State in criminal matters. Referred to Committee on Judiciary.

SB 143. By Senator Lester of the 23rd:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to authorize certain optional retirement programs in lieu of the retirement system provided by said Act. Referred to Committee on Retirement.
SB 144. By Senator Lester of the 23rd:
A bill to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, as amended, so as to provide for vesting of disability retirement and death benefits in persons withdrawing from service before age 60. Referred to Committee on Retirement.

SB 145. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend Chapter 24-29 of the Code of Georgia, as amended, relating to District Attorneys, so as to revise and bring up to date said Code Chapter by codifying certain Acts of the General Assembly; to strike Section 24-2904, relating to the salary and fees of the District Attorneys. Referred to Committee on Judiciary.

SB 146. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend Code Title 26, the Criminal Code of Georgia, as amended, so as to provide that prosecution is not barred if the former prosecution was before a court which lacked jurisdiction or if subsequent pro ceedings 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 147. By Senators Russell of the 10th and Timmons of the llth:
A bill to amend Code Section 68B-311, relating to limited driving permits for first offenders, so as to change the provisions for obtaining

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a limited driving permit by a person whose driver's license has been revoked; to provide an effective date.
Referred to Committee on Judiciary.

SB 148. By Senators Starr of the 44th and Riley of the 1st:
A bill to amend Code Chapter 89-6, relating to books, papers and property of public offices, as amended, so as to designate the Director of the Department of Archives and History as the agent for public officers in recovering lost or withheld books and papers. Referred to Committee on Rules.

SB 149. By Senators Starr of the 44th and Riley of the 1st:
A bill to amend Code Section 89-9903, relating to the crime of stealing or altering of public documents, so as to change the provisions to provide a determination of proof of intent to commit such crimes. Referred to Committee on Judiciary.
SB 150. By Senators Russell of the 10th and Timmons of the llth:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities which are not branches of the University System of Georgia, as amended, so as to change the defi nition of the term "approved institution". Referred to Committee on Higher Education.
SB 151. By Senator Hudson of the 35th:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, as amended, so as to provide that the widow of any officer who is otherwise ineligible for retirement benefits shall be eligible for retirement benefits upon attaining 62 years of age if the officer has elected to secure retirement benefits for his widow. Referred to Committee on Retirement.
SB 152. By Senator Doss of the 52nd:
A bill to amend Code Section 92-3701, relating to the purposes for which counties may levy taxes, as amended, so as to provide that county taxes may be levied and collected to provide for the development of trade, commerce, industry and employment opportunities, including financial assistance to their respective county development authorities. Referred to Committee on Banking, Finance and Insurance.
SB 153. By Senator Doss of the 52nd:
A bill to provide that municipal corporations may levy and collect municipal taxes to provide for the development of trade, commerce, industry and employment opportunities, including financial assistance to their respective municipal development authorities. Referred to Committee on Banking, Finance and Insurance.

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173

SB 154. By Senators Tate of the 38th, Foster of the 50th, Banks of the 17th 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. Referred to Committee on Retirement.

SB 155. By Senator Doss of the 52nd:
A bill to provide for the payment of interest to vendors under the Medicaid Program; to provide that vendor bills shall begin accruing interest thirty days after receipt by the Department of Medical As sistance. Referred to Committee on Banking, Finance and Insurance.

SB 156. By Senator Fincher of the 54th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to military service credit. Referred to Committee on Retirement.

SB 157. By Senators Fincher of the 54th and Summers of the 53rd:
A bill to provide grants of State funds to certain students attending institutions of higher learning in other states; to provide a statement of legislative intent; to provide definitions; to provide for the amount of such grants. Referred to Committee on Higher Education.
SB 158. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and pro viding for its powers, duties and jurisdiction and the officers thereof, as amended. Referred to Committee on County and Urban Affairs.
SB 159. By Senators Duncan of the 30th, Thompson of the 32nd, Hudson of the 35th and others:
A bill to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, 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.
SB 160. By Senator Stephens of the 36th:
A bill to amend an Act authorizing the Commissioners of Fulton County

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to establish rules and regulations governing the payment of pension to county employees, as amended, so as to authorize the retirement with out penalty of individuals who shall be fifty-five (55) years of age and have served thirty (30) years.
Referred to Committee on County and Urban Affairs.

SB 161. By Senator Foster of the 50th:
A bill to amend an Act providing for a health insurance plan for State employees, as amended, so as to change the provisions relative to the continuation of health insurance coverage for the spouse or dependents of an employee who dies; to provide an effective date. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 162. 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; to repeal conflicting laws; and for other purposes. Referred to Committee on Defense and Veterans Affairs.
SR 45. By Senators Tate of the 38th and Foster of the 50th:
A resolution proposing an amendment to the Constitution, so as to require an increase of retirement and pension benefits of retired public schoolteachers whenever retirement or pension benefits of public schoolteachers who have not retired are increased pursuant to law; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Retirement.
The following bills of the House were read the first time and referred to committees:
HB 2. By Representatives Long of the 142nd, Keyton of the 143rd, Collins of the 144th and others:
A bill to amend an Act known as the "Georgia State Warehouse Act", so as to provide a maximum surety bonding requirement of $100,000 for each warehouse licensed pursuant to the Act. Referred to Committee on Agriculture.
HB 33. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Code Section 34-1704 relating to venue in election contests, so as to change the procedure for determining which judge shall preside over an election contest. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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175

HB 35. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide a procedure for certain electors to receive assistance in voting. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 36. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide a procedure for certain electors to receive assistance in voting. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 39. By Representative Egan of the 25th: A bill to repeal Code Section 113-107, relating to regulation of charitable devises by any person leaving a wife or child, or descendants of child.
Referred to Committee on Judiciary.
HB 168. By Representatives Snow of the 1st, Walker of the 115th, Tucker of the 73rd and others:
A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on the Placement of Children." Referred to Committee on Interstate Cooperation.

HB 172. By Representatives Snow of the 1st, Walker of the 115th, Tucker of the 73rd and others:
A bill to amend Code Section 24A-3701 relating to the appointment of a judge pro tempore for a juvenile court, so as to authorize the appoint ment of the judge of a juvenile court of an adjoining county as a judge pro tempore.
Referred to Committee on Judiciary.

HB 173. By Representatives Snow of the 1st, Walker of the 115th, Tucker of the 73rd and others:
A bill to amend an Act providing for personal jurisdiction over any nonresident, or his executor, as to a cause of action arising from the transaction of business within this State, or the commission of a tortious act within this State, or owning, using or possessing real property situated within this State.
Referred to Committee on Judiciary.

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

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Senator Barker of the 18th 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 106. Do pass.
SB 126. Do pass.
SB 127. Do pass.
Respectfully submitted, Senator Barker of 18th District, Chairman.

The following bills and resolutions of the Senate were read the second time:

SB 13. By Senator Turner of the 8th:
A bill to amend an Act providing for the review of assessments made by county boards of tax assessors, as amended, so as to change certain provisions relative to providing notice of decisions by the board of equalization.

SB 27. By Senators Tate of the 38th, Foster of the 50th, Hudgins of the 15th and others:
A bill to amend an Act providing sick leave for the teachers of the public schools of this State, as amended, so as to provide that grant of approval for use of certain accumulated teacher sick leave shall not be conditioned or denied based upon failure or refusal to disclose the purpose for which such leave is sought.

SB 33. By Senators Reynolds of the 48th, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Chapter 92-69, relating to county boards of tax assessors, as amended, so as to provide an alternative method of ascertaining the just valuation of property when the owner elects to challenge the value fixed as provided by law for purposes of ad valorem taxation.

SB 38. By Senators McGill of the 24th, Turner of the 8th and English of the 21st:
A bill to amend an Act prohibiting the feeding of garbage to swine, so as to deem providers of garbage also culpable and responsible for the feeding of garbage to swine by persons, firms, partnerships, corpora tions, associations, agencies, departments or other entities in violation of the aforesaid Acts.

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SB 42. By Senators Turner of the 8th, McGill of the 24th and Russell of the 10th:
A bill to amend Code Title 62, relating to livestock, as amended, so as to substantially revise and supersede the Code Chapter 62-12, relating1 to suppression and prevention of hog cholera, as amended.

SR 26. By Senator Hudgins of the 15th:
A resolution proposing an amendment to the Constitution, so as to authorize State income taxpayers to contribute $1.00 of their State income taxes each year to the Heritage Trust Commission; to authorize State income taxpayers to designate the recipient of their contributions.
SR 36. By Senators Banks of the 17th, McGill of the 24th, Gillis of the 20th and others:
A resolution urging the eradication of the fire ant.

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 68. By Senator Reynolds of the 48th:
A bill to create a new charter for the City of Lawrenceville; to provide for a mayor and council; to provide for their election, powers, duties and responsibilities; to provide for the administration of the affairs of said city.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend SB 68 by striking on Page 9, line 24, the word "Five" and inserting in lieu thereof the word "Three", and
By striking on Page 12, line 16, the word "Plurality" and inserting in lieu thereof the word "Majority", and
By striking on Page 15, line 7, the numerals "6.15" and inserting in lieu thereof the numerals "6.17", and

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JOURNAL OF THE SENATE,

By striking on Page 19, line 24, the word "and"

and inserting after "1959," the following:

"1960, 1962, 1965, 1966, 1968, 1969, 1970 and 1972".

On the adoption of the amendment, the yeas were 48, 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 48, nays 0.

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

SB 89. By Senator Foster of the 50th: A bill to amend an Act placing the Clerk of the Superior Court of Rabun County on an annual salary, as amended, so as to change the compensation of the clerk of the superior court.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 48, nays 0.

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

SB 90. By Senator Foster of the 50th:
A bill to repeal an Act placing the clerk of the superior court of each county with a population of not less than 8,250 and not more than 8,330, according to the United States Decennial Census of 1970 or any future such census, on an annual salary.

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.

MONDAY, JANUARY 31, 1977

179

HB 28. By Representative Howell of the 140th:
A bill to amend an Act placing the sheriff of Early County upon an annual salary, so as to provide that the annual salary of the sheriff shall be fixed by the governing authority.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 30. By Representative Howell of the 140th:
A bill to amend an Act placing the Clerk of the Superior Court of Miller County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk for his services as Clerk of the State Court of Miller 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 56. By Representatives Cooper, Wilson and Kaley of the 19th, Harrison, Isakson and Nix of the 20th and others:
A bill to amend an Act providing a new charter for the City of Powder Springs, so as to delete from said charter those provisions providing for the repeal of the charter under certain circumstances.

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

On the passage of the bill, the yeas were 48, nays 0.

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

The President 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

l&O

JOURNAL OP THE SENATE,

Duncan Eldridge English Fincher Foster Gillis Greene Hill Hudgins Kennedy Kidd

Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard

Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not answering were Senators:

Allgood Barnes Dean of 31st Evans

Holloway Howard Hudson Johnson

Langford Starr Stephens Sutton

Senator Greene of the 26th introduced the chaplain of the day, Dr. Jimmy Waters, pastor emeritus of the Mabel White Memorial Baptist Church, Macon, Georgia, who offered prayer.

The following communication from Honorable Ben W. Fortson, Jr:, Secretary of State, was received and read by the Secretary:

SECRETARY OF STATE State Capitol Atlanta 30334
January 24, 1977

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

Dear Hamilton:

I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of January 21, 1977, being numbered 121 through 358, in accordance with Act No. 1294 (H.B. 1210), Georgia Laws, 1970.

With best wishes, I am

Sincerely your friend,

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

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the thirteen pages of photographed matter hereto attached contain the names and addresses of those persons (numbered

MONDAY, JANUARY 31, 1977

181

121 through 358), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1977 Session of the Georgia General Assembly as of Friday, January 21, 1977, in accordance with Act No. 1294, Georgia Laws, 1970, as the same appears of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 24th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-seven and of the Independence of the United States of America the Two Hundred and first.

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

121. Ellen Schneider Atlanta and Georgia N.O.W. (National Organization for Women) 44 Eleventh Street Atlanta, Georgia 30306
122. Eric Holmes Petroleum Council of Georgia Division of American Petrole um Institute Suite 1500 230 Peachtree Street, N. W. Atlanta, Georgia 30303
123. Mrs. Sam T. Turnipseed STOP ERA Committee 993 Forrest Road, N.E. Atlanta, Georgia 30306
124. James Groome Mead Corporation Post Office Box 4417 Atlanta, Georgia 30302
125. Wilton Hill Georgia School Bus Drivers Association Box 158 Reidsville, Georgia 30453
126. Mary N. Long Georgia Nurses Association 745 Cherokee Avenue, S. E. Atlanta, Georgia 30315
127. Lucy C. Smethurst Georgia Conservancy 3110 Maple Drive Atlanta, Georgia 30305

128. Bruce Widener Registered Agent Georgia Utility Contractors Assn. Georgia Water & Pollution Control Assn. Georgia Equipment Distributor Assn. Associated Builders & Con tractors Georgia Well Drillers Assn. 5000 Snapfinger Woods Dr. Decatur, Georgia 30035
129. Garland H. Williams Fulton County Board of Edu. 2674 Lancaster Drive East Point, Georgia 30344
130. Harrison W. Bray Georgia Oilman's Association 3300 Northeast Expressway Atlanta, Georgia 30341
131. James C. Thompson U.A.W. 1280 Winchester Parkway Suite 131 Smyrna, Georgia 30080
132. R. A. Tribble Georgia Fraternal Order of Police 712 Rollingwood Drive Stone Mountain, Georgia 30087
133. Billy Head Clerk Superior Court Association (Acting Exec. Director) Post Office Box 205 Baxley, Georgia 31513

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134. Jay Ricketts Association County Commission ers of Ga. Suite 1104 Carnegie Building Atlanta, Georgia 30329
135. Carol Baker Association County Commission ers of Ga. Suite 1104 Carnegie Building Atlanta, Georgia 30329
136. Edward D. Bayley Professional Fire Fighters of Georgia 161 LaRose Circle Marietta, Georgia 30060
137. J. J. Polak Georgia Fraternal Order of Police 3681 North Decatur Road Apartment T-5 Decatur, Georgia 30032
138. James E. Dyer Georgia State Fraternal Order of Police 3028 Empire Boulevard Atlanta, Georgia 30315
139. Irvin H. Beavers Georgia State Fraternal Order of Police Route 1, Box 2325 Newnan, Georgia 30263
140. Patrick James Moynihan Georgia State Fraternal Order of Police 2950F North DeKalb Drive Doraville, Georgia 30340
141. Joyce A. Brown Laborers International Union of North America AFL/CIO 1961 North Druid Hills Road, N.E. Atlanta, Georgia 30316
142. William M. Bates Registered Agent Tobacco Tax Council Interstate Paper Corporation 814 Carnegie Building Atlanta, Georgia 30303
143. W. Wyman Pilcher Georgia Savings & Loan League

William-Oliver Building Atlanta, Georgia 30303
144. F. P. Lindsey, Jr. Georgia Bankers Association 1020 William-Oliver Building Atlanta, Georgia 30303
145. Beth Ruyle Atlanta Regional Commission 230 Peachtree Street Suite 200 Atlanta, Georgia 30303
146. Dorris D. Holmes Georgia League of Women Voters 346 Pinetree Street Suite 1500 Atlanta, Georgia 30305
147. Creg Smith Petroleum Council of Georgia 230 Peachtree Street Suite 1500 Atlanta, Georgia 30303
148. Norlin A. Jankovsky Clayton County Chamber of Commerce 8712 Tara Boulevard Jonesboro, Georgia 30236
149. Charles A. Worsham Georgia Bankers Association 1020 William-Oliver Building Atlanta, Georgia 30303
150. Judi Rogers Registered Agent National Association Social Workers Georgia Chapter Legislative Services 4734 Winthrop Drive College Park, Georgia 30337
151. Sidney L. Moore, Jr. Pro Se Box 1642 Decatur, Georgia 30031
152. Bob Short Hoffman-LaRoche, Inc. 6940 Roswell Road Atlanta, Georgia 30328
153. Thomas C. Gilliland Georgia Podiatry Association 600 First National Bank Building Decatur, Georgia 30030
154. Paul Copeland Professional Association of Georgia Educators

MONDAY, JANUARY 31, 1977

183

2980 Appling Circle Chamblee, Georgia 30341
155. James M. Bell Registered Agent Georgia Retail Association International Council of Shopping Centers Georgia Council of Shopping Centers Sears, Roebuck & Company 675 Ponce de Leon Avenue Atlanta, Georgia 30395
156. Jesse R. Moore Atlanta Association of Educators 201 Ashby Street, N. W. Suite 212 Atlanta, Georgia 30314
157. R. B. Symonette Georgia Power Company 270 Peachtree Street, N. E. Atlanta, Georgia 30303
158. W. R. Worley Georgia Power Company 270 Peachtree Street, N. W. Atlanta, Georgia 30303
159. Pam Flournoy American Association of University Women (Atlanta Branch) 356 Redwood Drive Marietta, Georgia 30064
160. Ralph C. Moor State Career and Retired Employees Association 3649 Peachtree Road, N. E. Atlanta, Georgia 30319
161. Bill McBrayer Registered Agent Georgia Retail Association Atlanta Automobile Association 4660 Janice Drive College Park, Georgia 30337
162. Linda Williams Georgia Federation of Women's Clubs 2220 High Point Trail, S. W. Atlanta, Georgia 30331
163. M. C. Petersen Georgia Pulp and Paper Association Box 466 St. Mary's, Georgia 31558

164. E. C. Mitcham, Jr. Georgia Retired Teachers Association Box 60 Warm Springs, Georgia 31830
165. Luther W. Livingston, Jr. Sandoz 3307 Leeds Way Duluth, Georgia 30136
166. James H. Hudson Eli Lilly Company 310 Riverhill Drive, N. W. Atlanta, Georgia 30328
167. Rodney Standard Georgia Co-op Service for the Blind 240 Flynt River Road Jonesboro, Georgia 30236
168. Susan Tucker Girl Scout Councils of Georgia 991 Somerset Drive, N. W. Atlanta, Georgia 30327
169. William Padgett Trust Company of Georgia Post Office Box 4418 Atlanta, Georgia 30302
170. E. A. Gilbreath Self 87 Walton Street, N. W. Room 304 Atlanta, Georgia 30303
171. William F. Morie Georgia Automobile Dealers Association 1380 West Paces Ferry Road Suite 230 Atlanta, Georgia 30327
172. John P. Tucker, Jr. Registered Agent Georgia Optometric Assoc. 116 Lafayette Drive, N. E. Atlanta, Georgia 30309
173. Pat Jeanson American Association of University Women, Georgia State Division 4790 Olde Village Lane Atlanta, Georgia 30341
174. Gerald "Jerry" Hill Standard Oil (Indiana) and Subsidiaries 6 Executive Park Drive, N. E. Atlanta, Georgia 30329

184

JOURNAL OF THE SENATE,

175. Glenn Anthony Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303
176. Gregory G. Kergosien The Upjohn Company 1554 North Springs Drive Dunwoody, Georgia 30338
177. Paul Massey Associated Builders and Contractors of Georgia 4320 Hickory Lane Douglasville, Georgia 30134
178. Tom Parker Atlanta Chamber of Commerce 1300 Commerce Building Atlanta, Georgia 30303
179. William A. Bagwell American Mutual Insurance Alliance Post Office Box 1 Gainesville, Georgia 30501
180. Dr. Eugene P. Atchison Self 1311 Cleveland Avenue East Point, Georgia 30344
181. Mary R. Marshall Sierra Club 535 Forest Hills Drive, N. E. Atlanta, Georgia 30342
182. David R. Trippe Registered Agent Georgia Legal Services Program, Inc. Atlanta Legal Aid Society, Inc. Suite 542, Lenox Towers 3390 Peachtree Road, N. E. Atlanta, Georgia 30326
183. Harry W. Pettigrew Registered Agent Georgia Legal Services Program, Inc. Atlanta Legal Aid Society, Inc. Suite 542, Lenox Towers 3390 Peachtree Road, N. E. Atlanta, Georgia 30326
184. Louis C. Trousdale Owens-Illinois 6520 Powers Ferry Road Suite 100 Atlanta, Georgia 30339
185. Eugene Nuss Electric Cities of Georgia

10 Pryor Street Atlanta, Georgia 30303
186. Harvey Huntley, Jr. Common Cause 3214 Cloverhurst Drive East Point, Georgia 30344
187. James A. Cody County Officers Association of Georgia Post Office Box 100 Hahira, Georgia 31632
188. Michael M. Kumpf (Mike Kumpf)
Gulf Oil Corporation Post Office Box 7245 Station C. Atlanta, Georgia 30357
189. Lynn Carrigan Georgians for the Equal Rights Amendment 1208 Virginia Avenue, N. E., Apt. 11 Atlanta, Georgia 30306
190. R. J. Burrell Household Finance Corporation 1977 Farris Drive Decatur, Georgia 30032
191. Joanna Hanes Georgia Beer Wholesalers Suite 695 North Omni International Atlanta Atlanta, Georgia 30303
192. C. W. Larcom Common Cause 2823 Kathryn Court East Point, Georgia 30344
193. George L. Harris, Jr. C & S National Bank 99 Annex Atlanta, Georgia 30399
194. W. F. Jackson Brotherhood of Maintenance of Right of Way of Employees Box 247 Forsyth, Georgia 31049
195. W. E. Cobble Brotherhood of Locomotive Engineers 2427 Shenandoah Avenue, N. E. Atlanta, Georgia 30305
196. Claude R. Glaze Brotherhood of Railway Clerks

MONDAY, JANUARY 31, 1977

185

525 North Hairston Road Stone Mountain, Georgia 30083
197. Tom Graf Atlanta Association for Retarded Citizens Suite 110 1687 Tully Circle, N. E. Atlanta, Georgia 30329
198. Mrs. Anne T. Hager Georgia League of Women Voters 2847 Lenora Church Road Snellville, Georgia 30278
199. James D. King, Jr. MARTA 1300 Equitable Building Atlanta, Georgia 30303
200. Paula McMartin National Council Jewish Women 1101 Collier Road, N. W. Atlanta, Georgia 30318
201. Lucy Reynolds Georgia League of Women Voters 1415 McArthur Drive Griffin, Georgia 30223
202. Judith Taylor National Council of Jewish Women 2829 W. Roxboro Road Atlanta, Georgia 30324
203. Harold Joiner Georgia Forestry Association, Inc. 1204 Carnegie Building Atlanta, Georgia 30303
204. Harvey R. Brown Consulting Engineers Council of Georgia, Inc. 210 Bona Alien Building Atlanta, Georgia 30303
205. Mrs. Roberta H. Walker Common Cause 1838 Monroe Drive, N. E. Atlanta, Georgia 30324
206. Elizabeth B. Duncan Common Cause 660 Elkmont Drive, N. E. Atlanta, Georgia 30306
207. A. B. "Tony" Caldwell Professional Fire Fighters of Georgia 3060 O'Hara Drive South Macon, Georgia 31206

208. Abit Massey Georgia Poultry Federation Post Office Box 763 Gainesville, Georgia 30501
209. Don Massey Georgia Poultry Federation Post Office Box 763 Gainesville, Georgia 30501
210. Kent Lawrence Georgia Chamber of Commerce 421 McDaniel Street Monroe, Georgia 30655
211. Hershel W. Farmer SCL-L & N--Seaboard Coastline Railroad L & N 1800 First National Bank Atlanta, Georgia 30303
212. Rusty Kidd Medical Association of Georgia 938 Peachtree Street Atlanta, Georgia 30309
213. Jim Kittrell SCL-L & N RR 1800 First National Bank Atlanta, Georgia 30303
214. Talitha M. Russell Georgia Society of Opthalmology Post Office Box 655 McDonough, Georgia 30253
215. W. Stell Huie Registered Agent MARTA State Bar of Georgia Georgia Bankers Assn. 1200 Standard Federal Building Atlanta, Georgia 30303
216. James P. Martin Georgia Society of Certified Public Accountants 1504 William-Oliver Building Atlanta, Georgia 30303
217. Kathleen M. Mull Georgia Association of Licensed Practical Nurses Route Two Hampton, Georgia 30228
218. Conrad J. Sechler Registered Agent Georgia Consumer Finance Association Tucker Insurance Agency Tucker Federal Savings & Loan Association

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JOURNAL OF THE SENATE,

Post Office Box 87 Tucker, Georgia 30084
219. Claudia McNair Georgia Recreation & Park Society County Courthouse Jonesboro, Georgia 30236
220. Thelma J. Turley Georgia League of Women Voters 3974 Lithia Way Lithia Springs, Georgia 30057
221. Curtis H. Driskell National Federation of Independent Business 3981 Bonnington Court, N. E. Atlanta, Georgia 30341
222. D. Boyd Yarley, Jr. Blue Cross of Georgia/Columbus 3711 Armour Avenue Columbus, Georgia 31904
223. Charles H. Lindsey Georgia Telephone Association Suite 846 250 Piedmont Avenue, N. E. Atlanta, Georgia 30308
224. J. B. Polhill, III Georgia Electric Membership Corp. 148 Cain Street Suite 845 Atlanta, Georgia 30303
225. George C. Spence Jordan Enterprises 3121 Maple Drive, N. E. Suite Two Atlanta, Georgia 30305
226. Harvey K. Hawkins American Party of Georgia 2324 Weatherly Court Jonesboro, Georgia 30236
227. John H. Castings Smyth Van Line Post Office Box 3020 Bellevue, Washington 98009
228. Hert Bonds Suddath Van Lines 392 Fon du Lac Drive Stone Mountain, Georgia 30088
229. Karen Irish Smyth Van Line 2840 Monterey Drive Decatur, Georgia 30032

230. W. T. McDaniel ITT Rayonier, Inc. Post Office Box 528 Jesup, Georgia 31545
231. Matt Gedney Sierra Club Box 212 Helen, Georgia 30545
232. W. Wheeler Bryan Consumers' Utility Counsel 310 Rhodes-Haverty Building Atlanta, Georgia 30303
233. Andy Owen Registered Agent American Insurance Assoc iation Georgia Vision Care Services 4001 Colony Square Atlanta, Georgia 30361
234. Larry Katzman Georgia Public Interest Research Group 201 Washington Street, S. W. Atlanta, Georgia 30303
235. Ovid H. Stephenson State Career and Retired Employees Association 1977 Ridgewood Drive, N. E. Atlanta, Georgia 30307
236. Martha W. Gaines The Feminist Committee 2444-E Adina Drive, N. E. Atlanta, Georgia 30324
237. Linda Billingsley Georgia Conservancy 1265 Christmas Lane Atlanta, Georgia 30329
238. James P. Ewing, Jr. Home Builders Association of Metropolitan Atlanta Post Office Box 52758 Atlanta, Georgia 30305
239. W. R. Hornsby Georgia Bailbond Association 1142 Jefferson Street, N. W. Atlanta, Georgia 30318
240. Charles E. Crowder Georgia Agribusiness Council 332 Agriculture Building Capitol Square Atlanta, Georgia 30334

MONDAY, JANUARY 31, 1977

187

241. Barren Thorpe Registered Agent Georgia Wholesale Grocers Assn. Georgia Association of Convenience Stores Post Office Box 973 Macon, Georgia 31202
242. Brian Johnstone General Telephone Company Post Office Box 249 Dalton, Georgia 30720
243. Joel C. Williams, Jr. Savannah Foods and Industries, Inc. Post Office Box 339 Savannah, Georgia 31402
244. Gary M. Wisenbaker QUEST (Quality University Education for Students Today) Post Office Box A Valdosta, Georgia 31601
245. Merri Gaye Hitt QUEST (Quality University Education for Students Today) Post Office Box 31753 Georgia Tech Atlanta, Georgia 30332
246. Fred E. Mobley QUEST (Quality University Education for Students Today) 621 Coventry Road Decatur, Georgia 30030
247. Paul L. Hanes Georgia Beer Wholesalers Suite 1633, 400 Colony Square Atlanta, Georgia 30361
248. William G. Appel Georgia Automotive Wholesalers Association Suite 13-8 La Vista Perimeter Office Park Tucker, Georgia 30084
249. Tim Mirshak Georgia Catholic Conference 1125-E Clairmont Avenue Decatur, Georgia 30030
250. Ray Billingsley Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035

251. G. Barton Middleton Greater Macon Chamber of Commerce Post Office Box 169 Macon, Georgia 31202
252. James E. Carter Federal Land Bank Post Office Box 169 Madison, Georgia 30650
253. Ivan Winsett Georgia Electrification Council Agricultural Engineering Center University of Georgia Athens, Georgia 30601
254. Marthena Burn Georgia Manufactured Housing Assn. 100 Peachtree Street, N. W. Suite 610 Atlanta, Georgia 30303
255. Heyward Wilson Georgia Association of Educators Post Office Box 255 Young Harris, Georgia 30582
256. Richard W. Brown 3M 1817 Evergreen Drive St. Paul, Minnesota 55119
257. Earl A. Ferguson Registered Agent Manufactured Housing Inst. Georgia Society of Pro fessional Engineers 2810 New Spring Road Atlanta, Georgia 30339
258. Joe Mitchem, Sr. Bail Bonding 1142 Jefferson Street Atlanta, Georgia 30318
259. Jeralyn W. Bonner The Odyssey Counseling Center 2641 Langland Court Atlanta, Georgia 30345
260. Stewart Huey Registered Agent Building Owners & Managers of Atlanta Georgia Tire Dealers & Retreaders Automotive Service Council of Georgia American Subcontractors Assn. Georgia Chapter

188

JOURNAL OF THE SENATE,

Georgia State Association of Life Underwriters
Georgia Society of Association Executives
2200 Parklake Drive Atlanta, Georgia 30345
261. Fred H. Loveday Georgia Association of Independent Schools 3209 Isoline Way Smyrna, Georgia 30080
262. James A. White, Jr. Registered Agent Home Builders Association of Georgia Georgia Industrial Loan Assn. Georgia Chiropractic Assn. 1100 Spring Street--Suite 320 Atlanta, Georgia 30309
263. Joe W. Andrews, Jr. Registered Agent Home Builders Assn. of Georgia Georgia Independent Meat Packers Georgia Chiropractice Assn. Georgia Industrial Loan Assn. Georgia Retail Jewelers Assn. Georgia Assn. of Public Accountants Georgia Dairy Producers Assn. Post Office Box 801 1239 Second Street Macon, Georgia 31202
264. James Brown Laborers International Union AFL/CIO 174 Feldave Avenue Decatur, Georgia 30030
265. Lynn Stratemeyer Georgians for the ERA 2413 Windon Court Atlanta, Georgia 30360
266. John Stevens First National Bank Post Office Box 4148 Atlanta, Georgia 30302
267. Patty Lynch QUEST (Quality University Education for Students Today) 3449 Canadian Way Tucker, Georgia 30084

268. Lisa Reed QUEST (Quality University Education for Students Today) 4545 Chadwell Lane Dunwoody, Georgia 30338
269. Steven L. Levetan Georgia Association of Scrap Processors 80 Milton Avenue Atlanta, Georgia 30315
270. Harold Sheats Association of County Commissioners of Georgia 2036 Headland Drive East Point, Georgia 30344
271. J. R. Smith Registered Agent Georgia Retail Jewelers Assn. Menswear Retailers of Georgia Georgia Dairy Products Assn. Georgia Industrial Loan Assn. Georgia Consumer Finance 498 Rose Avenue Barnesville, Georgia 30204
272. Bernard Willis QUEST 701 Edward Street Fort Valley, Georgia 31030
273. Sylvester S. Akpan QUEST 1604 Fort Valley State College Fort Valley, Georgia 31030
274. Malcolm Reese Georgia Federal Savings & Loan Association 1416 Park Avenue Perry, Georgia 31069
275. Claude McGuinn CWA-Georgia Political Council Box 642 Decatur, Georgia 30033
276. Judge Sarge Mashburn Georgia State Association of Justices of the Peace and Constables 2316 Rear Main Street Gofer Building Tucker, Georgia 30084
277. Barbara Mashburn Georgia State Association of Justices of the Peace and Constables

MONDAY, JANUARY 31, 1977

189

2316 Rear Main Street Cofer Building Tucker, Georgia 30084
278. James S. Stevens, III Georgia Recreation & Parks Society Post Office Box 1087 Decatur, Georgia 30030
279. L. A. Moody International Association of Machinists and Aerospace Works 1032 Clay Street Marietta, Georgia 30060
280. Tom Samford QUEST 1014A Lake Drive, S. E. Marietta, Georgia 30060
281. Ted M. Hunt QUEST 102 Hallmark Estates Athens, Georgia 30601
282. Terry Peters QUEST Box 3126 Georgia College Milledgeville, Georgia 31061
283. Debi Snelling QUEST 1190 Milledge Avenue Athens, Georgia 30601
284. Joe Negley QUEST 753A Russell Hall Athens, Georgia 30601
285. Scott Bentley QUEST Route #3 Cedartown, Georgia 30125
286. Laura Glover QUEST 1 Castlewood Drive Rome, Georgia 30161
287. Fred Landrum QUEST 107 McCanless Street Cartersville, Georgia 30120
288. Mary S. Polstra QUEST 3598 Autumn Leaves Lane Marietta, Georgia 30066

289. Evalan Eve QUEST Route 4, Box 425 Jesup, Georgia 31545
290. Sherena Flowers QUEST Post Office Box 111 Odum, Georgia 31555
291. Esther F. Thurmon QUEST Route 4, Box 371 Jesup, Georgia 31545
292. Sallie Mozino QUEST 130 Chateau Terrace, #3 Athens, Georgia 30601
293. Linda Blaylock QUEST 830 Sunset Drive, #13 Athens, Georgia 30601
294. Cathy Ragan QUEST 130 Chateau Terrace, #11 Athens, Georgia 30601
295. Kris Young QUEST Box 457-B Brumby Athens, Georgia 30602
296. Landa Harris QUEST Route 5, Box 154-F Waycross, Georgia 31501
297. Cathee Walters QUEST 510 Coventry Road--13-B Decatur, Georgia 30030
298. Louise T. Boiling QUEST 439A Brumby Athens, Georgia 30602
299. Lynn Miller QUEST Box 440-Brumby Hall, UGA Athens, Georgia 30602
300. William A. Royal QUEST 444 White Oak Drive Marietta, Georgia 30060
301. James Thomas, Jr. QUEST Box 8768, Southern Tech Marietta, Georgia 30060

190

JOURNAL OF THE SENATE,

302. Mark W. Sanders, Jr. QUEST 130 Wood Valley Lane Athens, Georgia 30601
303. Joan M. Dawson QUEST 5344 Wynterhall Drive Dunwoody, Georgia 30338
304. Kimberly Pierce QUEST 608 Hillcrest Moultrie, Georgia 31768
305. Terri Cooper QUEST 537 Woodsong Way Apt. 202 Smyrna, Georgia 30080
306. Melinda L. Cone QUEST STI Box 8463 Marietta, Georgia 30060
307. Cynthia Glozier QUEST 506 King Arnold Street, Apt. 1 Hapeville, Georgia 30354
308. Elizabeth C. Morris QUEST 440 South Milledge Avenue Athens, Georgia 30601
309. Mark Dye QUEST 2504 Hilltop Circle Waycross, Georgia 31501
310. J. Tom Morgan QUEST Apt. Q-3, Callaway Garden Apts. Athens, Georgia 30601
311. Al Hodge QUEST 1794 S. Lumpkin Street, #9 Athens, Georgia 30601
312. Rebecca L. West QUEST 338 South Milledge Athens, Georgia 30601
313. Jon A. Dancy QUEST Box 204, 998 South Lumpkin Athens, Georgia 30601
314. W. E. Erquitt Educational Maintenance Employees

2428 Sewell Road, S. W. Atlanta, Georgia 30311
315. John H. Kingston QUEST Plum Nelly Road Athens, Georgia 30601
316. Mitchell Jordan Abrams QUEST Georgia Tech Atlanta, Georgia 30332
317. Brenda Coleman QUEST 608 N. Williams Street Hazlehurst, Georgia 31539
318. Nancy Neal QUEST Box 401A, Mell Hall University of Georgia Athens, Georgia 30602
319. Glenn Mahoney QUEST 398 South Milledge Avenue Athens, Georgia 30601
320. Jean Kingston QUEST 250 Little Street, 108-B Athens, Georgia 30601
321. Karl B. Biedinger QUEST 755 Ridgewood Avenue Gainesville, Georgia 30501
322. Laura Lloyd QUEST 1299 Springdale Road Gainesville, Georgia 30501
323. Jenny Seabolt QUEST Route One, Box 319 Oakwood, Georgia 30566
324. David Q. Segars QUEST 1089 Alexander Drive Augusta, Georgia 30901
325. Anne D. Adams
Q TT Tp Q T1
2950 Springdale Road, S.W., #4 Atlanta, Georgia 30315
326. Jean Anderson QUEST 1164 Wilmington Avenue Atlanta, Georgia 30310

MONDAY, JANUARY 31, 1977

191

327. Patricia Daley QUEST Box 483, V.S.C. Valdosta, Georgia 31601
328. Susan Cox QUEST Box 426, V.S.C. Valdosta, Georgia 31601
329. Peri Parks QUEST Box 92, Reed Hall, UGA Athens, Georgia 30602
330. Elizabeth Muldrew QUEST Box 92, Reed Hall, UGA Athens, Georgia 30602
331. Devol Lottich QUEST Box 198, Reed Hall, UGA Athens, Georgia 30602
332. Scott Dobslaw QUEST Box 8649, Southern Tech Marietta, Georgia 30060
333. Mark Worsham QUEST 713 Dyches Drive Savannah, Georgia 31406
334. Henry G. Jenkins, III Students' Rights Agenda 4627 Briarcliff Road Atlanta, Georgia 30345
335. N. Sheldon Brown Georgia Hospital Association 92 Piedmont Avenue, N. E. Atlanta, Georgia 30303
336. William R. Clark Educational Maintenance Employees 334 Chappell Road, S. W. Atlanta, Georgia 30313
337. Wallace Baldwin, Jr. American Postal Workers Post Office Box 3232 Atlanta, Georgia 30302
338. Jean Schenk League of Women Voters Route 2, Black Acre Trail Acworth, Georgia 30101
339. Tom Watson Brown Registered Agent Georgia Association of Broadcasters

MARTA Lake Lanier Islands State Bar of Georgia 1200 Standard Federal Building Atlanta, Georgia 30303
340 Alien H. Douglas Registered Agent Southern Railway Georgia State Chamber of Commerce 134 Peachtree Street Atlanta, Georgia 30303
341. John D. Bloodworth Georgia School Boards Assn., Inc. 9C Tree View Drive Decatur, Georgia 30038
342. Ed McGill Registered Agent Georgia Alcohol Dealers Assn. Georgia Day Care Assn. 954 S. Main Street Conyers, Georgia 30207
343. Charles F. Brown Self 167 Howard Street, N. E. Atlanta, Georgia 30317
344. Earl Leonard The Coca-Cola Company Post Office Drawer 1734 Atlanta, Georgia 30301
345. Peter H. Hand Common Cause 1099 Virginia Avenue, N. E. Atlanta, Georgia 30306
346. Wm. R. Cosper, Jr. Thomas Beverage Company 2235 Defoor Hills Road, N. W. Atlanta, Georgia 30318
347. Edward W. Killorin Registered Agent Georgia State Chamber of Commerce Georgia State Bar Association Georgia Society of Certified Public Accountants Georgia Defense Lawyers Association 4000 First National Bank Tower Atlanta, Georgia 30303
348. Evalyn Miles League of Women Voters of Georgia

192

JOURNAL OF THE SENATE,

915 Starlight Drive, N. E. Atlanta, Georgia 30342
349. John T. Anderson Babcock & Wilcox & Company 1712 Greenway Drive Augusta, Georgia 30309
350. Jean P. Tanner Common Cause 1658 Timberland Road, N. E. Atlanta, Georgia 30345
351. Judi D. Williams League of Women Voters 3445 Hallcrest Drive, N. E. Atlanta, Georgia 30319
352. J. Larry Williams Distilled Spirits Council of the United States 614 Live Oak Plantation Road Tallahassee, Florida 32303
353. David A. Tripp Common Cause Suite 2465 Tower Place 3340 Peachtree Road, N. E. Atlanta, Georgia 30326

354. Stephen E. Janas Georgia Dental Association 3951 Snapfinger Parkway Decatur, Georgia 30032
355. Alan C. Gravitt Professional Association of Georgia Educators 979 Rosedale Road, N. E. Atlanta, Georgia 30306
356. Tom Faircloth Georgia Soft Drink Association 118 Springdale Circle Thomasville, Georgia 31792
357. Wade E. Holland, Jr. Nationwide Insurance Companies & Affiliates 2704 Bensmin Drive West Columbia, South Carolina 29169
358. John H. Moss Georgia Restaurant Association 4151 Memorial Drive
- Suite 121A Decatur, Georgia 30032

The following resolutions of the Senate and House were read and adopted:
SR 46. By Senator Stumbaugh of the 55th: A resolution commending the Avondale High School Football Team, the "Blue Devils".
SR 47. By Senator Tysinger of the 41st: A resolution relative to "Engineers Week".
SR 48. By Senators Banks of the 17th, Doss of the 52nd, Dean of the 6th and others: A resolution commending the Marine Program of the University System of Georgia.
HR 77. By Representatives Hawkins of the 50th, Carnes of the 43rd, Richardson of the 52nd and others: A resolution expressing regret at the passing of Mr. Joe I. Zimmerman.

HR 79. By Representatives Clark, Mann and Milford of the 13th, and Lambert of the 112th:
A resolution commending Chief of Police Carlton Lewis.

MONDAY, JANUARY 31, 1977

193

SENATE CALENDAR Monday, January 31, 1977

SB 45. Personnel Board--adopt classification plan after 4/1/78.

The following general bill of the Senate, having been postponed on January 17 until today, was read the third time and put upon its passage:

SB 45. By Senators Kidd of the 25th, Russell of the 10th, McGill of the 24th and others:
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 provide that the State Peronnel Board shall not adopt a Statewide Classification Plan prior to April 1, 1978.

Senator Kidd of the 25th moved to postpone SB 45 until February 1.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 45 was postponed until February 1.

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 11:15 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A. M. tomorrow.

194

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Tuesday, February 1, 1977

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Holloway of the 12th, President Pro Tempore.

Senator Wessels of the 2nd reported that the Journal of yesteday'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 27. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide that the Secretary of State shall disseminate certain information concerning primaries and elections to candidates for federal and state office and Probate Judges.

HB 55. By Representatives Long of the 142nd, Patten of the 149th, Collins of the 144th and others:
A bill to amend an Act regulating the sales, operations, practices and procedures of grain dealers, so as to exempt from the licensing and bonding provisions contained therein those grain dealers already in com pliance with the licensing and bonding requirements of the Georgia State Warehouse Act, as amended.

HB 248. By Representative Noble of the 48th:
A bill to amend an Act providing for the confiscation and destruction or sale or delivery to the State Department of Archives or the State Department of Public Safety of any weapon used in the commission of a crime or the confiscation and destruction or sale or delivery of weapons used in the commission of the crime of carrying a concealed weapon.

HB 250. By Representatives Thompson of the 93rd and Buck of the 95th: A bill to amend Code Chapter 26-20, relating to sexual offenses, as

TUESDAY, FEBRUARY 1, 1977

195

amended, so as to create the crime of necrophilia; to provide for defini tions; to provide for penalties; to provide for an effective date.

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

HR 35. By Representatives Richardson of the 52nd, Hawkins of the 50th, Sizemore of the 136th and others:
A resolution creating the Troubled Children Study Committee.

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

SB 163. By Senators Barnes of the 33rd and Barker of the 18th:
A bill to amend Code Section 84-501, relating to the definition of the term "chiropractic" for purposes of provisions respecting chiropractors, so as to redefine such term. Referred to Committee on Human Resources.

SB 164. By Senator Kidd of the 25th:
A bill to amend an Act abolishing1 the fee system of compensation for the Sheriff of Jones County and providing in lieu thereof an annual salary, as amended, so as to authorize the appointment of a clerk; to provide for the compensation, duties and powers of the clerk. Referred to Committee on County and Urban Affairs.

SB 165. By Senators Robinson of the 27th and Kennedy of the 4th:
A bill to amend an Act known as the "Georgia Special Adult Offender Act of 1975", as amended, so as to change the effective date of said Act. Referred to Committee on Offender Rehabilitation.

SB 166. By Senator Kennedy of the 4th:
A bill to amend an Act known as "The Uniform Act to Secure the At tendance of Witnesses From Without the State", so as to provide that when a jurisdiction requests that a prisoner confined in a penal insti tution in this State be required to testify in a criminal proceeding in the requesting jurisdiction, the requesting jurisdiction may be required to perform the physical transfer of the prisoner to and from the requesting jurisdiction.
Referred to Committee on Offender Rehabilitation.

SB 167. By Senator Kidd of the 25th:
A bill to authorize State employees to engage in political activities under certain conditions. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

1%

JOURNAL OF THE SENATE,

SB 168. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for any officer or employee of this State to directly or indirectly coerce or attempt to coerce, com mand or advise any other State officer or employee to pay, lend or contribute any part of his salary, kick back any sum of money, or any thing else of value to any party, committee, organization, agency or person for political purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 169. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of Commissioners for Baldwin County, as amended, so as to provide that the governing authority of Baldwin 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 170. By Senator Kidd of the 25th:
A bill to amend the Statewide Probation Act, as amended, so as to change the terms and conditions of probation for those persons convicted of crimes involving theft. Referred to Committee on Offender Rehabilitation.

SB 171. By Senator Kidd of the 25th:
A bill to amend an Act placing the Judge of the Probate Court of Baldwin County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the salary of the judge of the probate court. Referred to Committee on County and Urban Affairs.

SB 172. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relating to the employment of personnel by the judge of the probate court. Referred to Committee on County and Urban Affairs.

SB 173. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 88-1506, relating to the distribution of tags and certificates in connection with inoculations against rabies, so as to provide that the Department of Human Resources shall prepare and distribute forms and tags for use in inoculation against rabies at cost. Referred to Committee on Human Resources.

TUESDAY, FEBRUARY 1, 1977

197

SB 174. By Senator Banks of the 17th:
A bill to amend Code Section 68A-902.1, relating to the chemical tests of a person's blood, breath, urine or other bodily substances, so as to provide that physicians, registered nurses, or other qualified persons shall incur no civil or criminal liability as a result of the proper obtaining of blood specimens for the purpose of determining the alcoholic content thereof when requested in writing by a law enforcement officer to ad minister such test.
Referred to Committee on Human Resources.

SB 175. By Senators Banks of the 17th and Wessels of the 2nd:
A bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to change the provisions relating to trial by jury or by the court; to provide for demands for jury trials; to provide for the waiver of trial by jury. Referred to Committee on Judiciary.

SB 176. By Senator Shapard of the 28th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, as amended, so as to change the salary of the Tax Commissioner of Spalding County, which salary shall be paid in addition to the additional annual compensation of $150.00 for each four-year term or part thereof completed by such officer.
Referred to Committee on County and Urban Affairs.

SB 177. By Senator Shapard of the 28th:
A bill to repeal an Act 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 United States Decennial Census of 1970 or any future such census. Referred to Committee on County and Urban Affairs.

SB 178. By Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount by which the jurisdiction of the court is limited with respect to cases involving injury to the person; to provide for the creation of a dead docket for said court. Referred to Committee on County and Urban Affairs.

SB 179. By Senator Doss of the 52nd:
A bill to increase the fees of coroners for services in connection with the holding of inquests in certain counties; to provide an effective date. Referred to Committee on County and Urban Affairs.

198

JOURNAL OF THE SENATE,

SB 180. By Senators Hudgins of the 15th, Russell of the 10th and Dean of the 6th:
A bill to provide free tuition at all State-supported colleges, universities, technical and vocational schools in this State for certain members of the Georgia National Guard; to limit benefits; to prescribe qualifications for benefits.
Referred to Committee on Higher Education.

SB 181. By Senators Hudgins of the 15th, Russell of the 10th and Dean of the 6th:
A bill to amend an Act known as the "Georgia Military Forces Reorgani zation Act of 1955", as amended, so as to authorize and direct the Adjutant General of Georgia to establish post exchanges or canteens to be owned and operated exclusively by National Guard units. Referred to Committee on Defense and Veterans Affairs.

SB 182. By Senator Stumbaugh of the 55th:
A bill to provide for the exercise of emergency power in connection with shortages of energy producing fuels; to provide for a short title; to provide for definitions; to provide for emergency powers of the Public Service Commission; to provide for guidelines for the exercise of emergency powers. Referred to Committee on Higher Education.

SR 49. By Senators Foster of the 50th, Carter of the 14th, Overby of the 49th and others:
A resolution establishing the Senate Committee to Honor President Jimmy Carter. Referred to Committee on Rules.

SR 50. By Senator Banks of the 17th:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of judges of the superior courts, from four years to six years; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.

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

HB 27. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide that the Secretary of

TUESDAY, FEBRUARY 1, 1977

199

State shall disseminate certain information concerning primaries and elections to candidates for federal and state office and Probate Judges.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 55. By Representatives Long of the 142nd, Patten of the 149th, Collins of the 144th and others:
A bill to amend an Act regulating the sales, operations, practices and procedures of grain dealers, so as to exempt from the licensing and bonding provisions contained therein those grain dealers already in compliance with the licensing and bonding requirements of the Georgia State Warehouse Act, as amended. Referred to Committee on Agriculture.
HB 248. By Representative Noble of the 48th:
A bill to amend an Act providing for the confiscation and destruction or sale or delivery to the State Department of Archives or the State Department of Public Safety of any weapon used in the commission of a crime or the attempt to commit a crime against any person, so as to provide for the confiscation and destruction or sale or delivery of weapons used in the commission of the crime of carrying a concealed weapon. Referred to Committee on Judiciary.
HB 250. By Representatives Thompson of the 93rd and Buck of the 95th:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to create the crime of necrophilia; to provide for defini tions; to provide for penalties; to provide for an effective date. Referred to Committees on Judiciary.
HR 35. By Representatives Richardson of the 52nd, Hawkins of the 50th, Sizemore of the 136th and others:
A resolution creating the Troubled Children Study Committee. Referred to Committee on Rules.

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

Senator Barker of the 18th District, Chairman of the Committee on Consumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs 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 16. Do pass by substitute. Respectfully submitted, Senator Barker of 18th District, Chairman.

200

JOURNAL OF THE SENATE,

Senator Sutton of the 9th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 42. Do pass as amended, HB 62. Do pass, HB 63. Do pass, HB 72. Do pass, HB 80. Do pass, HB 82. Do pass, HB 98. Do pass, HB 99. Do pass, HB 114. Do pass.
Respectfully submitted, Senator Sutton of 9th 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 44. Do pass by substitute.
Respectfully submitted, Senator Gillis of 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 34. Do pass by substitute. Respectfully submitted, Senator Kennedy of 4th District, Chairman.

TUESDAY, FEBRUARY 1, 1977

201

The following bills of the Senate were read the second time:

SB 106. By Senator Kidd of the 25th:
A bill to repeal Code Section 58-607, relating to the sale of liquors near Central State Hospital.

SB 126. By Senator Stephens of the 36th:
A bill to provide that in certain counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wine is lawfully autho rized, such sale for consumption shall be authorized during certain hours.

SB 127. By Senator Stephens of the 36th:
A bill to amend an Act known as the Revenue Tax Act, to legalize and control alcoholic beverages and liquors.

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

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

Evans Fincher Foster Gillis Greene Hill Howard Hudgins
Hudson
Johnson
Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk

Pearce Reynolds Riley Robinson Russell Scott Shapard Starr
Stephens
Summers
Sutton
Timmons
Turner
Tysinger
Walker
Wessels

Those not answering were Senators:

Broun of 46th Holloway (presiding)

Stumbaugh Tate

Thompson Traylor

Senator Robinson of the 27th introduced the chaplain of the day, Reverend C. Michael Blizzard, pastor of Lizella Baptist Church, Lizella, Georgia, who offered prayer.

The following resolutions of the Senate were read and adopted:

202

JOURNAL OF THE SENATE,

SR 53. By Senators Doss of the 52nd and Duncan of the 30th: A resolution commending Mr. Lamar R. Plunkett.

SR 54. By Senator Doss of the 52nd: A resolution commending Mr. Alexander Pendleton Gaines.

SR 55. By Senator Doss of the 52nd: A resolution commending Mr. Wallace Odell Duvall.

SR 56. By Senators Doss of the 52nd and Overby of the 49th: A resolution commending Mr. O. Wayne Rollins.

SR 57. By Senators Doss of the 52nd and Bond of the 39th: A resolution commending Mr. Norris Bumstead Herndon.

SR 58. By Senators Pearce of the 16th, Hudgins of the 15th, Carter of the 14th and others:
A resolution commending Honorable Jack Littleton.

SR 60. By Senators Riley of the 1st and Wessels of the 2nd: A resolution commending Dr. John Elliott.

SR 61. By Senators Riley of the 1st and Wessels of the 2nd: A resolution commending Dr. James Metts, Sr.

SR 62. By Senator Riley of the 1st: A resolution commending Dr. William Long.

SR 66. By Senators Riley of the 1st and Wessels of the 2nd: A resolution commending Dr. Julian Quattlebaum, Sr.

SR 64. By Senators McGill of the 24th, Banks of the 17th and Turner of the 8th:
A resolution commending and expressing appreciation to the American National Cattlemen's Association.

Senator Howard of the 42nd introduced the doctor of the day, Dr. Duane Blair of Decatur, Georgia.

TUESDAY, FEBRUARY 1, 1977

203

SENATE CALENDAR Tuesday, February 1, 1977

SB 45. Personnel Board--adopt classification plan after 4/1/78 SB 13. Board of Equalization--notice of decisions SB 27. Public School Teachers--sick leave (AM) SB 33. Property Assessment--alternative method of ascertaining SB 38. Feeding of Garbage to Swine--deem providers responsible SB 42. Hog Cholera--revise Code on prevention SR 26. Heritage Trust Commission--taxpayers contribute $1.00 each year SR 36. Eradication of Fire Ant--urge

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 13. By Senator Turner of the 8th:
A bill to amend an Act providing for the review of assessments made by county boards of tax assessors, as amended, so as to change certain provisions relative to providing notice of decisions by the board 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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Walker Wessels

204

JOURNAL OP THE SENATE,

Those not voting were Senators:

Bond Brantley

Brown of 47th Holloway (presiding)

Timmons Tysinger

On the passage of the bill, the yeas were 50, 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 adopted by the requisite constitutional majority the following resolution of the House, to-wit:

HR 122. By Representatives Murphy of the 18th, Vaughn of the 57th, Lee of the 72nd and others:
A resolution fixing the date for the nomination and election of the State Auditor.

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 27. By Senators Tate of the 38th, Poster of the 50th, Hudgins of the 15th and others:
A bill to amend an Act providing sick leave for the teachers of the public schools of this State, as amended, so as to provide that grant of approval for use of certain accumulated teacher sick leave shall not be conditioned or denied based upon failure or refusal to disclose the purpose for which such leave is sought.
The Senate Committee on Education offered the following amendment:
Amend SB 27 by inserting on Page 1, line 27, after the word "absence" the following:
"and that the period of proposed absence is not in conflict with a local board of education policy concerning school days on which teacher presence is essential for effective school operation."
On the adoption of the amendment, the yeas were 44, 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.

TUESDAY, FEBRUARY 1, 1977

205

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bond
Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th
Dean of 31st Doss Duncan Eldridge English
Evans

Fincher Foster Gillis Greene Hill Howard Hudgins
Hudson Johnson
Kennedy Kidd Langford Lester McGill Overby Pearce Reynolds

Those voting in the negative were Senators:

Bell Paulk

Scott Sutton

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Walker Wessels
Tysinger

Those not voting were Senators Brantley and Holloway (presiding).

On the passage of the bill, the yeas were 49, nays 5.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 33. By Senators Reynolds of the 48th, Holloway of the 12th, Riley of the 1st and others:
A bill to amend Code Chapter 92-69, relating to county boards of tax assessors, as amended, so as to provide an alternative method of ascer taining the just valuation of property when the owner elects to challenge the value fixed as provided by law for purposes of ad valorem taxation.

Senator Barnes of the 33rd moved to commit SB 33 to the Committee on Banking, Finance and Insurance.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 33 was committed to the Committee on Banking, Finance and Insurance.

The President assumed the Chair.

206

JOURNAL OF THE SENATE,

SB 38. By Senators McGill of the 24th, Turner of the 8th and English of the 21st:
A bill to amend an Act prohibiting the feeding of garbage to swine, so as to deem providers of garbage also culpable and responsible for the feeding of garbage to swine by persons, firms, partnerships, corporations, associations, agencies, departments or other entities in violation of the aforesaid Acts.

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:

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators Brantley and Duncan.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 42. By Senators Turner of the 8th, McGill of the 24th and Russell of the 10th: A bill to amend Code Title 62, relating to livestock, as amended, so as to substantially revise and supersede the Code Chapter 62-12, relating to suppression and prevention of hog cholera, as amended.

TUESDAY, FEBRUARY 1, 1977

207

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:

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk
Pearce
Reynolds

Those not voting were Senators:

Brantley

Duncan

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Summers

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

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

SR 26. By Senator Hudgins of the 15th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize State income taxpayers to contribute $1.00 of their State income taxes each year to the Heritage Trust Commission; to authorize State income tax payers to designate the recipient of their contributions; to limit con tributions to buildings and historic sites in Georgia which have been placed on the National Register of Historic Places; 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:

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JOURNAL OF THE SENATE,

Section 1. Article VII, Section II of the Constitution is hereby amended by adding a new Paragraph VI at the end thereof, to read as follows:

"Paragraph VI. Contributions to Heritage Trust Commission Authorized. State income taxpayers in the State of Georgia are here by authorized to contribute $1.00 of their State income taxes each year to the Heritage Trust Commission. On a joint return both parties may contribute $1.00 each year. Taxpayers shall designate the recipient of their contribution, and only buildings and sites in Georgia which have been placed on the National Register of Historic Places shall be eligible to receive such contributions. The State Revenue Department shall include a check off question on the face of each State income tax return with sufficient space for taxpayers to write in the names of the recipients of their contributions and attach a list of historical buildings and sites which qualify for con tributions to each individual or joint income tax return. The State Revenue Department shall transfer such funds to the Heritage Trust Commission on or before June 30 of each year. The Heritage Trust Commission shall disburse such funds to the designated recipients within 90 days after receipt of the funds. The State Revenue Depart ment is hereby authorized and directed to promulgate rules and regulations to effectuate the purposes of this Paragraph for all tax years beginning on and after January 1, 1979."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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 State income taxpayers to contribute $1.00 of their
( ) NO State income taxes each year to the Heritage Trust
Commission; to authorize State income taxpayers to designate the recipient of their contributions; to limit contributions to buildings and historic sites in Georgia which have been placed on the National Register of Historic Places?"

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 reso lution, was agreed to.

TUESDAY, FEBRUARY 1, 1977

209

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:

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Tate Thompson
Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative were Senators Eldridge and Sutton.

Not voting was Senator Brantley.

On the adoption of the resolution, the yeas were 53, nays 2.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

SR 36. By Senators Banks of the 17th, McGill of the 24th, Gillis of the 20th and others: A resolution urging the eradication of the fire ant.
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:

Allgood Ballard Banks Barker Barnes

Bond Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Duncan Eldridge

210
English Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy

JOURNAL OF THE SENATE,

Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard

Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Bell.

Not voting was Senator Brantley.

On the adoption of the resolution, the yeas were 54, nays 1.

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

Tho following general bill of the Senate, having been postponed on January 17 until January 31, read the third time on January 31 and postponed until Febru ary 1, was put upon its passage:

SB 45. By Senators Kidd of the 25th, Russell of the 10th, McGill of the 24th and others:
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 provide that the State Personnel Board shall not adopt a Statewide Classification Plan prior to April 1, 1978.

Senator Kidd of the 25th moved to commit SB 45 to the Committee on Econ omy, Reorganization and Efficiency in Government.

On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 45 was committed to the Committee on Economy, Reorganization and Efficiency in Government.

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

TUESDAY, FEBRUARY 1, 1977

211

HR 122. By Representatives Murphy of the 18th, Vaughn of the 57th, Lee of the 72nd and others:
A resolution fixing the date for the nomination and election of the State Auditor. Referred to Committee on Rules.

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 11:50 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

212

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Wednesday, February 2, 1977

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

Senator Johnson of the 34th 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 Hous has passed by the requisite constitutional majority the following bills of the House:

HB 272. By Representatives Gammage of the 17th, Toles of the 16th and Oldham of the 14th:
A bill to create County Airport Authorities in certain counties of this State and to authorize such Authority to acquire, construct, equip, main tain, operate, own and improve airports and landing fields for the use of aircraft.

HB 296. By Representative Cox of the 141st:
A bill to amend an Act placing the Sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the employment and compensation of deputies and other employees.

HB 77. By Representative McDonald of the 12th:
A bill to amend an Act known as the "Georgia Firefighter Standards and Training Act", so as to provide that the Georgia Firefighter Stan dards and Training Council shall be assigned to the Department of Public Safety; to provide for funding in connection therewith.

HB 180. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the terms of court of said judicial circuit.

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213

HB 185. By Representatives Coiling of the 144th, Veazey of the 146th and others:
A bill to amend an Act regulating the sale of leaf tobacco, so as to require any person firm or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales to obtain from the Commissioners of Agriculture a nonauction tobacco dealer's license.

HB 221. By Representatives Davis of the 99th, Gammage of the 17th, Buck of the 95th and others:
A bill to amend an Act providing the procedures for the creation of liens in behalf of hospitals so as to provide that certain benefits shall be excepted from the provisions of said Act.

The House has adopted by the requisite constitutional majority the follow ing resolutions of the House:

HR 41. By Representative Greer of the 43rd:
A resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee; approved Mar. 16, 1973, as amended, so as to remove the provisions relating to the repeal of the resolution.

HR 49. By Representatives Tolbert, Butler and Johnston of the 56th and others:
A resolution proposing an amendment to the Constitution so as to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements in DeKalb County.

The House has adopted the following resolution of the Senate:

SR 48. By Senators Banks of the 17th, Doss of the 52nd, Dean of the 6th and others: A resolution commending the Marine Program of the University System of Georgia.
The House has adopted the following resolution of the House:

HR 125. By Representatives Buck of the 95th, Lambert of the 112th, Connell of the 87th and others:
A resolution relative to the regulation of natural gas.

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

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SB 183. By Senator Kidd of the 25th:
A bill to authorize State employees to engage in political activities under certain conditions. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 184. By Senator Kidd of the 25th:
A bill to provide for the compensation of the members of the board of commissioners of counties in this State having a population of not less than 8,350 or more than 8,400 according to the United States Decennial Census of 1970 or any future such census; to provide for certain travel expenses. Referred to Committee on County and Urban Affairs.

SB 185. By Senator Wessels of the 2nd:
A bill to amend Code Section 26-1601, relating to burglary, so as to make separate provisions for the burglary of a dwelling house; to provide for penalties in connection therewith. Referred to Committee on Judiciary.

SB 186. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 34-10, relating to nomination of candi dates, as amended, so as to change the requirements for nomination of candidates of a political body. Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 187. By Senators Sutton of the 9th, Langford of the 51st, Foster of the 50th and others:
A bill to amend the Campaign and Financial Disclosure Act, as amended, so as to prohibit contributions by certain organizations to certain public officials and to certain candidates for public office. Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 188. By Senator Banks of the 17th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits having more than one Superior Court Judge, as amended, so as to provide for the appointment of as many Assistant District Attorneys as there are Superior Court Judges. Referred to Committee on Judiciary.

SB 189. By Senators Banks of the 17th, Pearce of the 16th, Wessels of the 2nd and others:
A bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to change the provisions relating to the dismissal of actions for want of prosecution. Referred to Committee on Judiciary.

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215

SB 190. By Senator Overby of the 49th:
A bill to amend Code Chapter 68B-3, relating to the cancellation, suspen sion and revocation of motor vehicle driver's licenses, so as to impose certain duties upon the Department of Public Safety relative to the re instatement of cancellation, suspension and revocation actions. Referred to Committee on Judiciary.

SB 191. By Senator Overby of the 49th:
A bill to amend Section 6-1702 of the Code of Georgia, relative to costs in cases carried to the Supreme Court and to the Court of Appeals, so as to change the amount thereof. Referred to Committee on Judiciary.

SB 192. By Senators Banks of the 17th and Holloway of the 12th:
A bill to amend an Act comprehensively and exhaustively revising, super seding and modernizing pretrial, trial and certain posttrial procedures in civil cases, as amended, so as to provide certain pretrial procedures in product liability cases arising out of certain theories of liability. Referred to Committee on Judiciary.

SB 193. By Senators Sutton of the 9th, Shapard of the 28th and Barnes of the 33rd:
A bill to amend Code Chapter 79A-10, relating to drugs and cosmetics, as amended, so as to provide for the advertisement of drugs, devices and cosmetics. Referred to Committee on Human Resources.

SB 194. By Senator Ballard of the 45th:
A bill to provide for the licensing and regulation of persons engaged in the practice of plumbing installation inspections; to provide the pro cedures connected therewith. Referred to Committee on Industry, Labor and Tourism.

SB 195. 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 "Georgia Meat Inspection Act", so as to exempt from the requirements contained therein pertaining to in spection of the slaughter of animals and of the preparation of carcasses, parts thereof, and meat and meat products rendered from the slaughter of animals. Referred to Committee on Agriculture.

SB 196. By Senators Riley of the 1st and Wessels of the 2nd: A bill to amend an Act implementing the provisions of Article V, Section

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VII, Paragraph II of the Constitution of the State of Georgia, creating the Savannah District Authority, now known as the Savannah Port Authority, so as to provide an alternative procedure whereby the Savan nah Port Authority can stimulate industrial expansion and development.
Referred to Committee on County and Urban Affairs.

SB 197. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to extend jurisdiction of courts of municipalities to try violations of Section 126D of such Act. Referred to Committee on Transportation.

SB 198. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend the Driver's Licensing Act, to provide jurisdiction of certain courts of municipalities to try certain offenses; to provide procedures and disposition of fines. Referred to Committee on Judiciary.

SB 199. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend Code Chapter 68-99, relating to the penalty for owning or operating any motor vehicle as described in Code Section 68-201, without complying with Code Section 68-201, so as to provide for juris diction of certain courts of municipalities to try and dispose of such cases of non-compliance; to provide for disposition of fines; to provide for the jurisdiction, practices, and procedures in connection with the foregoing.
Referred to Committee on Judiciary.

SB 200. By Senator Bell of the 5th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to increase the monthly maintenance charge. Referred to Committee on Banking, Finance and Insurance.

SR 59. By Senator Brown of the 47th:
A resolution authorizing and directing the State Department of Trans portation to designate a bridge in Stephens County, Georgia, as the "John Paul Johns Bridge". Referred to Committee on Transportation.

SR 65. By Senator Carter of the 14th:
A resolution proposing an amendment to the Constitution, so as to authorize the State Board of Education to establish and maintain a curriculum laboratory and to retain the revenues produced therefrom for the purposes of such curriculum laboratory. Referred to Committee on Education.

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217

SR 66. By Senators Lester of the 23rd, Johnson of the 34th and Riley of the 1st:
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 sub-classify 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 68. By Senators Johnson of the 34th, Shapard of the 28th, Evans of the 37th and others:
A resolution creating the Georgia Tax Revision 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 77. By Representative McDonald of the 12th:
A bill to amend an Act known as the "Georgia Firelighter Standards and Training Act", so as to provide that the Georgia Firefighter Stan dards and Training Council shall be assigend to the Department of Public Safety; to provide for funding in connection therewith.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 180. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the term of court of said judicial circuit. Referred to Committee on County and Urban Affairs.

HB 185. By Representatives Collins of the 144th, Veazey of the 146th, Patten of the 149th and Matthews of the 145th:
A bill to amend an Act regulating the sale of leaf tobacco, so as to require any person, firm or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales to obtain from the Commissioner of Agriculture a nonauction tobacco dealer's license. Referred to Committee on Agriculture.

HB 221. By Representatives Davis of the 99th, Gammage of the 17th, Buck of the 95th and others:
A bill to amend an Act providing the procedures for the creation of liens in behalf of hospitals so as to provide that certain benefits shall be excepted from the provision of said Act. Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE,

HB 272. By Representatives Gammage of the 17th, Toles of the 16th and Oldham of the 14th:
A bill to create County Airport Authorities in certain counties of this State and to authorize such Authority to acquire, construct, equip, main tain, operate, own and improve airports and landing fields for the use of aircraft. Referred to Committee on County and Urban Affairs.

HB 296. By Representative Cox of the 141st:
A bill to amend an Act placing the Sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the employment and compensa tion of deputies and other employees. Referred to Committee on County and Urban Affairs.

HR 41. By Representative Greer of the 43rd:
A resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee; approved Mar. 16, 1973 (Ga. Laws 1973, p. 70), as amended, so as to remove the provisions relating to the repeal of the Resolution. Referred to Committee on Rules.

HR 49. By Representatives Tolbert, Butler and Johnson of the 56th, Childs of the 51st and others:
A resolution proposing an amendment to the Constitution so as to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements in DeKalb 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 94. Do pass by substitute. Respectfully submitted, Senator Broun of 46th District, Chairman.

Senator Button of the 9th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

WEDNESDAY, FEBRUARY 2, 1977

219

Mr. President:

Your Committee on County and Urban Affairs, 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:
HB 4. Do pass.
SB 137. Do pass.
Respectfully submitted, Senator Sutton of 9th District, Chairman

Senator Sutton of the 9th 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 House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 136. Do pass. SB 164. Do pass. SB 169. Do pass. SB 171. Do pass. SB 172. Do pass. SB 176. Do pass. SB 177. Do pass. SB 178. Do pass. SB 179. Do pass.
Respectfully submitted, Senator Sutton of 9th 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 55. Do pass. SB 65. Do pass. SB 104. Do pass.

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JOURNAL OF THE SENATE,

SB 139. Do pass. HB 81. Do pass.

Respectfully submitted, Senator Overby of 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 37. Do pass.
Respectfully submitted, Senator Brown of 47th District, Chairman

Senator Summers of the 53rd 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 23. Do pass. SB 24. Do pass as amended.
Respectfully submitted, Senator Summers of 53rd 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 26. Do pass as amended. SB 135. Do pass.
Respectfully submitted, Senator Reynolds of 48th District, Chairman

WEDNESDAY, FEBRUARY 2, 1977

221

The following bills of the Senate and House were read the second time:

SB 16. By Senators Robinson of the 27th, Greene of the 26th and Barker of the 18th:
A bill to regulate the business of repairing, serving and maintaining electronic equipment; to provide for a short title; to provide for defini tions ; to provide for the registration of electronic repair service dealers.

SB 34. By Senators Kennedy of the 4th, Foster of the 50th, Overby of the 49th and others:
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 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.

SB 44. By Senators Starr of the 44th, Gillis of the 20th, Holloway of the 12th and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act", as amended, so as to amend the policy declared; to require the establishment or revision of permissible limits of surface water usage; to provide the Georgia Environmental Protection Division with certain powers in dealing with the United States regarding management and allocation of the State's surface water resources.

HB 42. By Representatives Castleberry of the lllth and Edwards of the 110th:
A bill to amend an Act providing minimum salaries for the tax collectors and tax commissioners of the various counties so as to change the pro visions relating to the calculation of county population and minimum salaries for certain tax collectors and tax commissioners.

HB 62. By Representative Hutchinson of the 133rd:
A bill to provide a new charter for the City of Smithville in the County of Lee; to provide for the incorporation and powers of said City; to provide for the governing body of said City; to provide for the executive branch; to provide for the judicial branch; to provide for elections.

HB 63. By Representative Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Leesburg, Georgia, so as to expand the corporate limits of said City.

HB 72. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to amend an Act creating a small claims court in certain counties in this State so as to change the jurisdiction of said courts; to change certain of the costs of said court.

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JOURNAL OP THE SENATE,

HB 80. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to provide a new Charter for the City of Norcross, Georgia, in the county of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority.

HB 82. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to create and establish a telephone Authority for the City of Hahira.

HB 98. By Representatives Williams and Foster of the 6th:
A bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton in the County of Whitfield, as amended, so as to change the provisions relative to the early retirement of certain employees pursuant to the city's Comprehensive and Unified Pension Plan.

HB 99. By Representative Hatcher of the 131st:
A bill to provide the method for filling vacancies which occur in the membership of the Board of Education of Baker County.

HB 114. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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.

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

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson
Kennedy Kidd Langford Lester McGill
Overby Paulk Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Traylor Turner
Tysinger Walker Wessels

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223

Those not answering were Senators Coverdell and Pearce.

Senator Sutton of the 9th introduced the chaplain of the day, Reverend 0. L. Stokes, pastor of the Assembly of God Church, Tifton, Georgia, who offered prayer.

The following resolutions of the Senate and House were read and adopted:

SR 69. By Senators Paulk of the 13th, Holloway of the 12th, Turner of the 8th and others:
A resolution commending the Honorable Martin Young.

SR 70. By Senator Hudgins of the 15th: A resolution recognizing the Honorable Culver Kidd.

HR 125. By Representatives Buck of the 95th, Lambert of the 112th, Connell of the 87th and others:
A resolution relative to the regulation of natural gas.

SENATE CALENDAR Wednesday, February 2, 1977
SB 106. Sale of Liquors Near Central State Hospital--repeal Code SB 126. Fulton County Alcoholic Beverage Sale--Sunday A.M. SB 127. Fulton County Alcoholic Beverage Sale on Sunday--Coliseum, Omni

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

SB 106. By Senator Kidd of the 25th : A bill to repeal Code Section 58-607. relating to the sale of liquors near Central State Hospital.
Senators Robinson of the 27th and Hudgins of the 15th offered the following amendment:
Amend SB 106 as follows:
By striking from line 1 of Page 1 the following:
"repeal".

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JOURNAL OP THE SENATE,

By adding, following the word "Hospital" on line 2 of Page 1, the following:

", so as to repeal the provisions relating to the sale, barter or giving away of alcoholic, vinous, or fermented liquor within two miles from the Milledgeville State Hospital buildings."

By striking from lines 6 and 7 of Page 1 the following:

"and which reads as follows:",

and inserting in lieu thereof the following:

"is hereby amended by striking from said Section the following:

'who shall expose for sale, or sell, barter, or give away alcoholic, vinous, or fermented liquors of any kind, within a distance of two miles from the Milledgeville State Hospital buildings, or',

so that when so amended, Code Section 58-607 shall read as follows:".

By striking from lines 9 through 13 of Page 1 the following:

"who shall expose for sale, or sell, barter, or give away alco holic, vinous, or fermented liquors of any kind, within a distance of two miles from the Milledgeville State Hospital buildings, or"

By striking from lines 18 and 19 of Page 1 the following:

", is hereby repealed in its entirety."

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:

Allgood Barker Bell Bond Brantley Broun of 46th Coverdell Dean of 6th Doss

Eldridge English Evans Gillis Holloway Howard Hudgins Hudson Johnson

Kidd Langford Lester McGill Pearce Riley Robinson Russell Scott

WEDNESDAY, FEBRUARY 2, 1977

225

Shapard Starr Stephens Stumbaugh

Summers Tate Timmons Traylor

Turner Tysinger

Those voting in the negative were Senators:

Banks Barnes Brown of 47th Carter Dean of 31st

Foster Greene Kennedy Overby Paulk

Reynolds Sutton Thompson

Those not voting were Senators:

Ballard Duncan

Fincher Hill

Walker Wessels

On the passage of the bill, the yeas were 37, nays 13.

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

SB 126. By Senator Stephens of the 36th:
A bill to provide that in certain counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wine is lawfully autho rized, such sale 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Bond Brantley Coverdell Eldridge Evans Holloway

Howard Hudgins Kidd Riley Russell Scott Stephens

Those voting in the negative were Senators:

Allgood Ballard Banks Barker

Barnes Broun of 46th Brown of 47th Carter

Stumbaugh Tate Traylor Turner Tysinger Wessels
Dean of 6th Dean of 31st Doss English

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JOURNAL OF THE SENATE,

Fincher Foster Gillis Greene Hudson Johnson Kennedy

Langford Lester McGill Overby Paulk Reynolds Robinson

Shapard Starr Summers Button Thompson Timmons Walker

Those not voting were Senators:

Duncan

Hill

Pearce

On the passage of the bill, the yeas were 20, nays 33.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Bond of the 39th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 126.

SB 127. By Senator Stephens of the 36th:
A bill to amend an Act known as the Revenue Tax Act, to legalize and control alcoholic beverages and liquors.

Senator Stephens of the 36th moved to postpone SB 127 until February 3.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 127 was postponed until February 3.

Senator Dean of the 31st introduced the doctor of the day, Dr. Don Schmidt, of Cedartown, Georgia.

Senator Overby of the 49th gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting the following resolution of the House:

HR 125. By Representatives Buck of the 95th, Lambert of the 112th, Connell of the 87th and others:
A resolution relative to the regulation of natural gas.

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 11:25 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 3, 1977

227

Senate Chamber, Atlanta, Georgia Thursday, February 3,1977

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

Senator Johnson of the 34th reported that the Journal of yesterday's pro ceedings had been read and found correct.

Senator Stephens of the 36th moved that the Senate reconsider its action of February 2 in defeating the following bill of the Senate:

SB 126. By Senator Stephens of the 36th:
A bill to provide that in certain counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wine is lawfully autho rized, such sale for consumption on the premises shall be authorized during certain hours.

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 Bell Bond Brantley Broun of 46th Eldridge Holloway Howard Hudson

Johnson Kidd Langford Pearce Riley Scott Stephens Stumbaugh Summers

Those voting in the negative were Senators:

Allgood Ballard Banks Barnes Brown of 47th Carter Duncan

English Gillis Greene Hill
Kennedy Lester McGill

Those not voting were Senators:

Coverdell Dean of 6th Dean of 31st Doss

Evans Fincher Foster Hudgins

Button Tate Timmons Traylor Turner Tysinger Wessels
Overby Paulk Reynolds Robinson Shapard Thompson Walker
Russell Starr

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JOURNAL OF THE SENATE,

On the motion, the yeas were 25, nays 21; the motion prevailed, and SB 126 was reconsidered and placed at the foot of the Calendar.

Senator Overby of the 49th moved that the Senate reconsider its action of February 2 in adopting the following resolution of the House:

HE 125. By Representatives Buck of the 95th, Lambert of the 112th, Connell of the 87th and others:
A resolution relative to the regulation of natural gas.

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Coverdell Dean of 6th

Dean of 31st Hudgins

Russell

On the motion, the yeas were 51, nays 0; the motion prevailed, and HR 125 was reconsidered and placed at the foot of the 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:

THURSDAY, FEBRUARY 3, 1977

229

HB 140. By Representative Howell of the 140th:
A bill to provide that the misdemeanor offenses of selling alcoholic beverages, malt beverages, distilled spirits, or wine on Sunday or on election days may be tried in certain courts of municipalities; to provide for disposition of fines.

HB 141. By Representative Howell of the 140th:
A bill to provide for jurisdiction of certain courts of municipalities to try and dispose of cases involving the misdemeanor offenses of selling, offering for sale, or possessing for the purpose of sale, any malt beverage or wines without having first obtained a license as provided by law.

HB 144. By Representatives Lucas of the 102nd and Randall of the 101st:
A bill to provide that in all counties of the State having a population of not less than 100,000 and not more than 150,000, and certain municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully autho rized, such sales for consumption on the premises shall be authorized during certain hours.

HB 223. By Representative Karrh of the 106th:
A bill to amend Code Section 94-403, relating to the validity and execu tion of contracts, so as to remove the recordation and marking require ments relative to rolling stock.

HB 228. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Au thority Act" so as to change the provisions relative to the powers of the Authority; to provide for the certificate of validation on bonds of the Authority.
HB 348. By Representative Foster of the 152nd:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County.
HB 351. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating the Towns County Water and Sewerage Authority approved April 3, 1972, so as to change the provisions relating to the creation of such Authority; to provide for the membership and terms of office.
HB 399. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968, so as to extend and increase the corporate limits of the City of LaGrange.

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JOURNAL OF THE SENATE,

HB 408. By Representative Owens of the 77th:
A bill to provide for a supplement to the compensation, salary, expenses and allowances of the Clerk of the Superior Court of Columbia County; to provide an effective date.

HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of non-profit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of non-profit bingo games.

HB 434. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act establishing The Mayor and Council of the City of Athens Employee's Pension Plan, so as to provide for the voluntary extension of service beyond the normal retirement age by employees wishing to work to age 65, and to further provide that maximum age for membership shall be age 45 for police and fire employees and age 47 for all other city employees.

SB 35. By Senator Kennedy of the 4th:
A bill creating and establishing a Small Claims Court for Evans County, Ga., to be known as the Small Claims Court of Evans County; to pre scribe the jurisdiction of said court; to prescribe the pleading and prac tice in said court.

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

HR 8. By Representatives Glover of the 32nd, Adams of the 36th and others:
A resolution proposing an amendment to the Constitution so as to provide the circumstances under which the authority and obligation of the gov erning authorities of counties which have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1% mills on all property located with in the county, upon request of the boards of education of such counties shall be terminated.

HR 10. By Representatives Games, Horton and Greer of the 43rd and others:
A resolution proposing an amendment to the Constitution to create within Fulton County the Fulton County Industrial District.

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

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HB 431. By Representatives Rainey of the 135th, Gammage of the 17th, Twiggs of the 4th and others:
A bill to make unlawful the hunting of deer, turkey and bear in this State; to make unlawful certain fishing activities in the State; to pro vide for penalties; to provide for the enforcement of this Act; to provide an effective date.

Senator Howard of the 42nd moved that the following bill of the House be withdrawn from the Committee on Human Resources and committeed to the Com mittee on Judiciary:

HB 221. By Representatives Davis of the 99th, Gammage of the 17th, Buck of the 95th and others:
A bill to amend an Act providing the procedures for the creation of liens in behalf of hospitals so as to provide that certain benefits shall be excepted from the provisions of said Act.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 221 was withdrawn from the Committee on Human Resources and committed to the Committee on Judiciary.

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

SB 201. By Senators Riley of the 1st and Wessels of the 2nd:
A bill to amend an Act abolishing the office of County Treasurer in and for the County of Chatham, as amended, so as to grant and transfer the former duties of the county treasurer to the Finance Director of Chatham County. Referred to Committee on County and Urban Affairs.

SB 202. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others:
A bill to amend an Act known as the "Unemployment Compensation Law", as amended, (now Employment Security Law), so as to provide certain transitional unemployment insurance coverage reimbursable by Federal funds until regular coverage is provided. Referred to Committee on Industry, Labor and Tourism.
SB 203. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others:
A bill to establish a Trust Fund to be known as the Public Employees' Unemployment Compensation Fund; to provide a short title; to provide for a custodian; to provide that such fund shall not lapse any moneys; to provide for the investment of funds. Referred to Committee on Industry, Labor and Tourism.

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SB 204. By Senators Barker of the 18th, Robinson of the 27th and Bond of the 39th:
A bill to enact the "Motorist Protection Act of 1977"; to provide a short title; to provide definitions; to control certain practices in the auto motive repair industry; to provide for the enforcement and administra tion of this Act; to prohibit certain acts; to provide for investigations and complaints.
Referred to Committee on Consumer Affairs.

SB 205. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-19, relating to regulation of hospitals and related institutions, as amended, so as to provide that any physician licensed to practice medicine in this State shall have the privilege of treating patients in any hospital owned or operated by the State, any political subdivision of the State, any municipality or any hospital authority; to provide for exceptions.
Referred to Committee on Human Resources.

SB 206. By Senator Kidd of the 25th:
A bill to amend Code Section 27-1502, relating to the plea of insanity, so as to provide for a trial by a special jury of a plea of mental incompetency to stand trial; to provide for transfer and disposition of a defendant who has been found by a special jury to be mentally incom petent to stand trial. Referred to Committee on Judiciary.

SB 207. By Senator Kidd of the 25th:
A bill to amend Code Chapter 27-15, relating to demurrers and special pleas, as amended, so as to change the title of said Code Chapter; to provide procedures in criminal trials involving contentions that the defendant was insane or mentally incompetent at the time of the act charged. Referred to Committee on Judiciary.

SB 208. By Senator Kidd of the 25th:
A bill to amend Code Chapter 27-15, relating to demurrers and special pleas, so as to provide certain procedures relative to the defense of insanity or mental incompetence at the time an alleged offense was committed; to provide for notice. Referred to Committee on Judiciary.

SB 209. By Senator Dean of the 6th:
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. Referred to Committee on Economy, Reorganization and Efficiency in Government.

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233

SB 210. By Senator Dean of the 6th:
A bill to amend an Act creating a Department of Public Safety for Georgia, so as to provide that officers of the Department of Public Safety may render assistance to local authorities upon request of members of the General Assembly. Referred to Committee on Judiciary.

SB 211. By Senator Dean of the 6th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act", as amended, so as to provide that the Board of Natural Resources shall conduct a hearing in the particular area affected by any rule or regulation relating to game and fish before the rule or regulation can be voted upon or become effective.
Referred to Committee on Natural Resources and Environmental Quality.

SB 212. By Senators McGill of the 24th, English of the 21st, Timmons of the llth and others:
A bill to amend Code Section 68-502, relating to the definition of certain terms used in Code Chapter 68-5, known as the "Motor Carrier Act of 1931", as amended, so as to change the definition of the term "motor carrier".
Referred to Committee on Transportation.

SB 213. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to provide that the State of Georgia shall be a party to the "Com pact for Education"; to declare the purpose and policy of said Compact; to provide for the designation and appointment of the Georgia members of the Education Commission of the States; to provide for the establish ment of the Georgia Education Council; to provide the procedures connected with the foregoing.
Referred to Committee on Education.

SB 214. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to define certain terms; to authorize tlie State Board of Education to establish criteria, policies, and standards for demonstration school systems; to authorize the State Board of Education to designate certain local school systems as demonstration systems.
Referred to Committee on Education.

SB 215. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to be known as the "Adequate Program for Education in Georgia

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Act", as amended, so as to provide a basis for allocation of funds needed for compensatory education expenses to local units of administra tion; to provide authorization for expenditure of compensatory education funds; to provide an effective date.
Referred to Committee on Education.

SB 216. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change certain provisions concern ing the allocation of administrative and supervisory personnel; to pro vide an effective date.
Referred to Committee on Education.

SB 217. By Senator Dean of the 6th:
A bill to provide for the right of cancellation of purchases or rentals of hearing aids; to provide for definitions; to provide for the buyer's right to cancel; to provide for notices; to provide for forms; to provide for practices and procedures. Referred to Committee on Consumer Affairs.

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

HB 140. By Representative Howell of the 140th:
A bill to provide tbat the misdemeanor offenses of selling alcoholic beverages, malt beverages, distilled spirits, or wine on Sunday or on election days may be tried in certain courts of municipalities; to provide for disposition of fines. Referred to Committee on Judiciary.

HB 141. By Representative Howell of the 140th:
A bill to provide for jurisdiction of certain courts of municipalities to try and dispose of cases involving the misdemeanor offenses of selling, offering for sale, or possessing for the purpose of sale, any malt beverage or wines without having first obtained a license as provided by law. Referred to Committee on Judiciary.
HB 144. By Representatives Lucas of the 102nd and Randall of the 101st:
A bill to provide that in all counties of this State having a population of not less than 100,000 and not more than 150,000, and in certain municipal corporations, located within 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 Consumer Affairs.

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HB 223. By Representative Karrh of the 106th:
A bill to amend Code Section 94-403, relating to the validity and execu tion of contracts, so as to remove the recordation and marking require ments to rolling stock. Referred to Committee on Judiciary.

HB 228. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act" so as to change the provisions relative to the powers of the Authority; to provide for the certificate of validation on bonds of the Authority. Referred to Committee on Banking, Finance and Insurance.

HB 348. By Representative Foster of the 152nd:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County. Referred to Committee on County and Urban Affairs.

HB 351. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating the Towns County Water and Sewerage Authority, approved April 3, 1972, so as to change the provisions re lating to the creation of such Authority; to provide for the membership and terms of office. Referred to Committee on County and Urban Affairs.

HB 399. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Trou.p, approved March 8, 1968, so as to extend and increase the corporate limits of the City of LaGrange. Referred to Committee on County and Urban Affairs.

HB 408. By Representative Owens of the 77th:
A bill to provide for a supplement to the compensation, salary, expenses and allowances of the Clerk of the Superior Court of Columbia County; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games. Referred to Committee on Judiciary.

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HB 431. By Representatives Rainey of the 135th, Gammage of the 17th, Twiggs of the 4th and others:
A bill to make unlawful the hunting of deer, turkey and bear in this State; to make unlawful certain fishing activities in the State; to provide for penalties; to provide for the enforcement of this Act; to provide an effective date. Referred to Committee on Natural Resources and Environmental Quality.

HB 434. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act establishing The Mayor and Council of the City of Athens Employee's Pension Plan, so as to provide for the voluntary extension of service beyond the normal retirement age by employees wishing to work to age 65, and to further provide that maximum age for membership shall be age 45 for police and fire employees and age 47 for all other city employees.
Referred to Committee on County and Urban Affairs.

HR 8. By Representatives Glover of the 32nd, Adams of the 36th, Games, Horton and Greer of the 43rd and others:
A resolution proposing an amendment to the Constitution so as to pro vide the circumstances under which the authority and obligation of the governing authorities of counties which have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1% mills on all property located within the county, upon request of the boards of education of such counties shall be terminated. Referred to Committee on County and Urban Affairs.
HR 10. By Representatives Adams of the 36th, Carnes, Horton and Greer of the 43rd and others:
A resolution proposing an amendment to the Constitution to create within Fulton County the Fulton County Industrial District. Referred to Committee on County and Urban Affairs.
The following reports of standing committees were read by the Secretary:
Senator Lester of the 23rd 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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 1. Do pass by substitute.
SB 96. Do pass by substitute.

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237

SB 152. Do pass. SB 153. Do pass.

Respectfully submitted, Senator Lester of the 23rd District, Chairman.

Senator Sutton of the 9th 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 158. Do pass. SB 184. Do pass. SB 196. Do pass. HB 29. Do pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman.

Senator Langford of the 51st District, Chairman of the Committee on Econ omy, Reorganization and Efficiency in Government, submitted the following re port:
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 following recommendations:
SB 46. Do pass by substitute. SB 49. Do pass. SB 50. Do pass. SB 51. Do pass. SB 69. Do pass. SB 71. Do pass. SB 167. Do not pass. SB 183. Do pass. SB 168. Do pass. SB 187. Do pass.

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HB 54. Do pass. HB 25. Do pass. HB 24. Do pass. HB 26. Do pass. HB 33. Do pass.

Respectfully submitted, Senator Langford of the 51st 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 and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 57. Do pass.
SB 80. Do pass.
SR 32. Do pass.
Respectfully submitted, Senator Carter of the 14th 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 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 92. Do pass by substitute.
Respectfully submitted, Senator Doss of the 52nd District, Chairman

Senator Howard of the 42nd 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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 81. Do pass. SB 99. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

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239

Senator Summers of the 53rd 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 41. Do not pass.
Respectfully submitted, Senator Summers of the 53rd 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 bill and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 52. Do pass by substitute. SR 40. 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 23. By Senators Duncan of the 30th, Carter of the 14th, Hill of the 29th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for additional postretirement benefit ad justments to the extent that funds are appropriated therefor.

SB 24. By Senator Tysinger of the 41st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that persons who have reached a certain age at the time of their employment may reject membership in the retirement system.

SB 26. By Senators Tate of the 38th, Foster of the 50th, Hudgins of the 15th 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

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pedestrians, facing a steady circular red signal, after stopping, 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, under certain conditions.

SB 55. By Senator Barnes of the 33rd:
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.

SB 65. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-3701, relating to the appointment of a judge pro tempore under the provisions of the Juvenile Court Code, as amended, so as to provide for a redefinition of the conditions under which a judge pro tempore may be appointed.

SB 104. 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 successors to the judge initially appointed.

SB 135. By Senator Broun of the 46th:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to change the composition of the headquarters' staff of the Uniform Division of the Department of Public Safety; to provide for a logistics officer.

SB 137. By Senator Pearce of the 16th:
A bill to repeal an Act entitled "An Act 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 pur suant to said 'Municipal Home Rule Act' ".

SB 139. By Senator Barnes of the 33rd:
A bill to amend Code Title 76, relating to peace warrants and behavior bonds, as amended, so as to provide that, in counties in which a State court is established, bonds for good behavior and bonds to keep the peace shall be returnable in the State court.

SR 37. By Senator Reynolds of the 48th:
A resolution authorizing the conveyance of certain real property located in Gwinnett County, Georgia, to the Gwinnett Livestock and Fair Asso ciation, Inc.

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241

HB 4. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 35-708, relating to the requirement that the tax receiver of each county shall obtain and keep statistics of the blind, as amended.

HB 81. By Representatives Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear.

HB 94. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act providing1 appropriations for the fiscal year 1976-77, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1976-77.

HB 136. By Representative Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham) so as to change the compensation of the judge and solicitor of said court.

SB 164. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Jones County and providing in lieu thereof an annual salary, as amended, so as to authorize the appointment of a clerk; to provide for the compensation, duties and powers of the clerk.

SB 169. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of Commissioners for Baldwin County, as amended, so as to provide that the governing authority of Baldwin County may in its discretion become a self-insurer as to all insurance and surety bonds acquired by said county.

SB 171. By Senator Kidd of the 25th:
A bill to amend an Act placing the Judge of the Probate Court of Bald win County upon an annual salary in lieu of the fee system of com pensation, as amended, so as to change the provisions relating to the salary of the judge of the probate court.

SB 172. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relating to the employment of personnel by the judge of the probate court.

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SB 176. By Senator Shapard of the 28th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, as amended, so as to change the salary of the Tax Commissioner of Spalding County, which salary shall be paid in addition to the additional annual compensation of $150.00 for each four-year term or part thereof completed by such officer.

SB 177. By Senator Shapard of the 28th:
A bill to repeal an Act 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 United States Decennial Census of 1970 or any future such census.

SB 178. By Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount by which the jurisdiction of the court is limited with respect to cases involving injury to the person; to provide for the creation of a dead docket for said court.

SB 179. By Senator Doss of the 52nd:
A bill to increase the fees of coroners for services in connection with the holding of inquests in certain counties; to provide an effective date.

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 42. By Representatives Castleberry of the lllth and Edwards of the 110th:
A bill to amend an Act providing minimum salaries for the tax collectors and tax commissioners of the various counties so as to change the provi sions relating to the calculation of county population and minimum salaries for certain tax collectors and tax commissioners.

The Committee on County and Urban Affairs offered the following amend ment :

Amend HB 42 by striking from line 19 of Page 1 the following: "or any future such census,".

On the adoption of the amendment, the yeas were 50, nays 0, and the amendent was adopted.

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

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243

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 62. By Representative Hutchinson of the 133rd:
A bill to provide a new charter for the City of Smithville in the County of Lee; to provide for the incorporation and powers of said City; to provide for the governing body of said City; to provide for the executive branch; to provide for the judicial branch; to provide for 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 63. By Representative Hutchinson of the 133rd:
A bill to amend an Act creating a new charter for the City of Leesburg, Georgia, so as to expand 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.

HB 72. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to amend an Act creating a small claims court in certain counties in this State so as to change the jurisdiction of said courts; to change certain of the costs in 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.

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HB 80. By Representatives Harris of the 60th, Wall of the 61st and Phillips of the 59th:
A bill to provide a new Charter for the City of Norcross, Georgia, in the county of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exer cised by the governing authority.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 82. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to create and establish a telephone Authority for the City of Hahira.

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 98. By Representatives Williams and Foster of the 6th:
A bill to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton in the County of Whitfield, as amended, so as to change the provisions relative to the early retirement of certain employees pursuant to the city's Comprehensive and Unified 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 99. By Representative Hatcher of the 131st:
A bill to provide the method for filling vacancies which occur in the membership of the Board of Education of Baker County.

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245

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 114. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
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.

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.

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

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

Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy
Kidd Langford
Lester
McGill Overby Paulk Pearce Reynolds Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers
Button
Tate Thompson
Timmons Traylor
Turner
Tysinger
Walker
Wessels

Those not answering were Senators:

Coverdell Dean of 6th

Hudgins

Riley

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Senator Johnson of the 34th introduced the chaplain of the day, Reverend Tommy Green, pastor of First United Methodist Church, Palmetto, Georgia, who offered prayer.

SENATE CALENDAR Thursday, February 3, 1977
SB 127. Fulton County Alcoholic Beverage Sale on Sunday--Coliseum, Omni
SB 16. Electronic Equipment--regular repairing, servicing (SUB) SB 34. Probation--payment toward cost of person's supervision (SUB) SB 44. Water Quality Control--permissible limits of surface water usage
(SUB) SB 126. Fulton County Alcoholic Beverage Sale--Sunday A.M. HR 125. Regulation of Natural Gas--relative to
The following bill of the Senate, favorably reported on January 31 by the Committee on Consumer Affairs, read the third time on February 2 and postponed until February 3, was put upon its passage:
SB 127. By Senator Stephens of the 36th: A bill to amend an Act known as the Revenue Tax Act, to legalize and control alcoholic beverages and liquors.
Senator Stephens of the 36th moved that SB 127 be committed to the Com mittee on County and Urban Affairs.
On the motion, the yeas were 30, nays 1; the motion prevailed, and SB 127 was committed to the Committee on County and Urban Affairs.
The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 16. By Senators Robinson of the 27th, Greene of the 26th and Barker of the 18th: A bill to regulate the business of repairing, servicing and maintaining electronic equipment; to provide for a short title; to provide for defini tions; to provide for the registration of electronic repair service dealers.

The Senate Committee on Consumer Affairs offered the following substitute to SB 16:

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247

A BILL

To be entitled an Act to regulate the business of repairing, servicing and maintaining electronic equipment; to provide for a short title; to provide for definitions; to provide for the registration of electronic repair service dealers; to prohibit certain acts or omissions; to authorize the sale of certain property under certain conditions; to provide for investigations and complaints; to provide for invoices; to provide for estimates; to provide for actions for equitable relief; to provide for actions for damages; to provide for assurances of voluntary compliance; to provide for investigations; to provide for subpoenas; to provide for hearings; to provide for enforcement; to provide for invalidation of regis tration; to provide for civil penalties; to provide for the informal ad justment of complaints; to create an advisory council; to provide for criminal penalties; to provide for practices and procedures; to provide for powers and duties; to provide for other matters relative to the fore
going; 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 "Georgia Electronic Repair Act of 1977".

Section 2. Definitions.--As used in this Act, unless the context requires otherwise, the term

(a) "administrator" means the administrator as defined in sub section (a) of Section 5 of an Act known as the "Fair Business Practices Act of 1975", approved April 10, 1975 (Ga. Laws 1975, p. 376), as the same may now or hereafter be amended;

(b) "person" means any individual, firm, partnership, corporation, association or other entity;

(c) "service dealer" means a person who engages for compensation in the business of repairing, servicing, or maintaining televisions, radios, tape recorders, or phonograph equipment normally used or sold for use in the home;

(d) "electronic equipment" means televisions, radios, tape recorders, or phonograph equipment normally used or sold for use in the home.

Section 3. Service dealer registration.--On and after January 1,
1978, it shall be unlawful for any person to operate or hold himself out as being a service dealer unless such person is the holder of a valid registration as a service dealer issued by the administrator. Each service dealer shall pay a fee of $25 for each place of business where service work is performed operated by him in this State and shall register with the administrator on forms prescribed by the administrator. All fees collected by the administrator shall be deposited by him in the general fund of the State treasury. If the business is to be carried on under a ficti tious or trade name, such name shall be stated. If the service dealer is a

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partnership, identifying information shall be given for each partner. If the service dealer is a corporation, data shall be included for each of the officers and directors of the corporation as well as the individual in charge of each place of the service dealer's business in the State and each individual employed for the purpose of repairing, maintaining or servicing electronic equipment. Upon receipt of the required fee, the administrator shall issue a registration certificate for each place of business operated by the service dealer. The registration certificate shall be prominently displayed in the place of business where service work is performed of the service dealer and shall be subject to public inspection. A registration shall cease to be valid when revoked pursuant to the pro visions of this Act or when any of the information provided in the registration form ceases to be current.

Section 4. Unlawful acts.--It shall be unlawful for any person to

(a) misrepresent that repair of electronic equipment is needed when it is not;

(b) misrepresent what repair is needed for electronic equipment;

(c) misrepresent that a repair has been made to electronic equipment when it has not been made;

(d) charges more to reassemble electronic equipment than the fee agreed to prior to the disassembly of such equipment;
(e) make any material departure from or show disregard of ac cepted trade standards for good and workmanlike repair which is preju dicial to another without consent of the owner of the electronic equip ment;
(f) make any false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service or main tenance of electronic equipment;
(g) make false promises regarding the time needed to perform repairs or misrepresent that repairs will be completed within a certain period of time when in fact they are not;

(h) intentionally and wilfully make or authorize any settlement or advertisement which is untrue or misleading;

(i) act as a sales agent for a customer without the knowledge snd consent of the customer; provided however, if a customer fails to reclaim his property left for repair within 12 months and fails to notify the service dealer of his whereabouts, then the service dealer may sell the
property and retain the proceeds of such sale.

Section 5. Investigations and complaints.--The administrator shall, on his own initiative or in response to complaints, investigate on a con tinuous basis and gather evidence of violations of this Act by any service

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dealer, and by any employee, partner, officer, or member of any service dealer's staff.

Section 6. Invoices.--All repairs of electronic equipment performed by a service dealer, including all warranty work, shall be recorded on an invoice which shall describe all service work done and parts supplied, and which shall contain the name and address of the service dealer or information sufficient to identify the service dealer and his address. Service work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for service work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each. If any used, rebuilt or reconditioned parts or component systems are supplied, that fact should be clearly stated on the invoice. If a part of a component system is composed of new and used, new and rebuilt, or new and reconditioned parts, such facts shall be clearly stated on the invoice. A copy of the invoice shall be given to the customer.

Section 7. Estimates.-- (a) When the customer so requests before repairs of electronic equipment are performed, the service dealer shall give to the customer a written estimated price for service work and parts necessary for a specific repair of the electronic equipment. No work shall be done and no charges shall accrue before authorization to proceed is obtained from the customer. No charges shall be made for service work performed or parts supplied which exceeds the written estimate by W/r. (ten percent) or $10 (ten dollars), whichever is greater, without the oral or written consent of the customer which shall be obtained at a time after it is determined that the estimated price is insufficient and before the work not estimated is done or the parts not estimated are supplied. Nothing in this Section shall be construed as requiring a service dealer to give a written estimated price if the dealer is not willing to perform the requested repair.

(b) Nothing in this Section shall be construed as preventing the service dealer from charging a fee for making an estimate, providing such fee is clearly explained to the customer and is agreed to by the customer before the estimate is done.

(c) If any charge is made by the service dealer for reassembly of the electronic equipment, whether disassembly was necessary for making an estimate or for the repair of the equipment, such charges shall be clearly stated and agreed to by the customer before the work is begun.

(d) The service dealer shall include with the written estimated price a statement of any repair of the electronic equipment which will be done by anyone other than the dealer or his employees. No repair of electronic equipment shall be done by other than the service dealer or his employees without the consent of the customer, unless the customer cannot be reasonably notified. The facility shall be responsible, in any case, for any such repair of the electronic equipment in the same manner as if he or its employees had done the repair of the electronic equipment.

(e) Upon the request of the customer at the time the work order is taken, the service dealer shall return replaced parts to the customer

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at the time of the completion of the work, excepting such parts as may be exempt because of size, weight, or other similar factors from this requirement, and excepting such parts as the service dealer is required to return to the manufacturer or distributor under a warranty arrange ment. If such parts must be returned to the manufacturer or distributor, the customer shall have the right to see such parts before their return, provided the customer has so requested at the time the work order was taken, except that the facility shall not be required to show a replaced part when no charge is being made for the replacement part.

Section 8. Actions by administrator for equitable relief.-- (a) Whenever the administrator has reason to believe that any person is using, has used, or is about to use any method, act or practice declared to be in violation of this Act, and that proceedings would be in the public interest, whether or not any person has actually been misled, he may issue cease and desist orders or bring an action in the name of the State by filing a civil complaint against such a person to restrain or enjoin the use of such method, act, or practice. The complaint must state gen erally the relief sought and be served in accordance with the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended. The action may be brought in the superior court having juris diction over the defendant by virtue of any provision of the Constitution or laws of the State of Georgia.

(b) Unless the administrator determines that a person subject to the provisions of this Act designs to depart quickly from this State or to remove his property therefrom, or to conceal himself or his property therein, he shall, before initiating any legal proceedings, as provided in this Section, give notice in writing that such proceedings are con templated and allow such person a reasonable opportunity to appear before the administrator and execute an assurance of voluntary com pliance as provided in this Act. The determination of the administrator hereunder shall be final and shall not be subject to judicial review.

(c) Said courts are authorized to issue restraining orders or tempo rary or permanent injunctions or such orders as are necessary to re strain and prevent violations of this Act. Such injunctions or orders shall be issued notwithstanding the existence of adequate remedies at law.

(d) With the exception of consent judgments entered before any testimony is taken, a final judgment under this Section is admissible as prima facie evidence of such specific findings of fact as may be made by the court which enters said judgment in subsequent proceedings by or against the same person, or his successors or assigns.

Section 9. Administrator's actions for damages.--The administra tor may bring an action in a representative capacity to recover general, but not punitive, damages on behalf of any person or persons entitled to bring an action in his or their own behalf pursuant to Section 10(a) of this Act, provided that each party represented shall be individually listed as a party to the action.

Section 10. Private actions.-- (a) Any person who suffers injury or damages as a result of acts or practices in violation of this Act may

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bring an action individually, but not in a representative capacity, against the person or persons engaged in such unlawful acts or practices under the rules of civil procedure to seek equitable injunctive relief and to recover his general damages sustained as a consequent thereof, in any court having jurisdiction over the defendant. A claim under this Section may also be asserted as a defense, setoff, cross claim, or counter claim, or third-party claim against such persons.

(b) If the court finds in any action that there has been a violation of this Act, the person injured by such violation, in addition to other relief provided for in this Section and irrespective of the amount in con troversy, shall be awarded reasonable attorney's fees and expenses of litigation incurred in connection with said action. If the court finds the action was brought for the purpose of harassment, the court shall award attorney's fees and expenses of litigation to the adverse party. Any award of attorney's fees and expenses of litigation shall become a part of the judgment and subject to execution as the laws of Georgia allow.

(c) Any manufacturer or supplier of merchandise whose act or omission, whether negligent or not, is the basis for action under this Act shall be liable for the damages assessed against or suffered by retailers charged under this Act. A claim of such liability may be asserted by cross claim, third-party complaint, or by separate action.

(d) It shall not be a defense in any action under this Act that others were, are, or will be engaged in like acts or practices.

Section 11. Assurance of voluntary compliance.-- (a) In the ad ministration of this Act the administrator may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of this Act from any person who is engaging in, has engaged in, or is about to engage in the act or practice. The assurance shall be in writing and shall be filed with the clerk of the superior court of the county in which the alleged violator resides or does business or in the Superior Court of Fulton County. Said assurance of voluntary compli ance shall become the order of the court.

(b) The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person in violation of this Act restore to any person in interest any money or property, real or personal, which may have been acquired by means of acts or practices which violate this Act.

(c) An assurance of voluntary compliance shall not be considered an admission of prior violation of this Act. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this Act.

(d) Matters closed by the filing of an assurance of voluntary com pliance may be reopened by the administrator for further proceedings in the public interest. Assurances of voluntary compliance shall in no way affect individual rights of action, except that the rights of individuate

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with regard to money or property received pursuant to a stipulation in the voluntary compliance under subsection (b) of this Section are gov erned by the terms of the voluntary compliance.

Section 12. Investigation.-- (a) When it reasonably appears to the administrator that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this Act, or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any act or practice declared to be unlawful by this Act, he may execute, with the consent of the Attorney General, in writing and cause to be served upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation an investigative demand requiring such person to furnish such oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant docu mentary material or physical evidence for examination, at such reason able time and place as may be stated in the investigative demand, con cerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.

(b) If matters that the administrator makes the subject of an investigative demand is located outside the State, the person receiving such investigative demand may either make it available to the admin istrator at a convenient location within this State or pay the reasonable and necessary expenses for the administrator or his representative to examine the matter at the place where it is located. The administrator may designate representatives, including officials of the State in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from officials of other states.

(c) Within twenty (20) days after the service of any such investi gative demand upon any person, or at any time before the return date specified in the demand, whichever period is longer, such person may file, in the Superior Court of Fulton County or in the county where said person resides or has its principal place of business, and serve upon the administrator a complaint for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part, as deemed proper and ordered by the court, shall not run during the pendency of such complaint in the court. Such complaint shall specify each ground upon which the complainant relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this Act, or upon any constitutional or
other legal right or privilege of such person.

(d) (1) Each such demand shall state the nature of the conduct constituting the alleged violation of this Act which is under investigation and the provision of law applicable thereto; describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; describe the nature, scope and purpose of the investigation with such definiteness and certainty as to permit any person whose testimony is

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253

sought to be fairly appraised of the subject matter of the inquiry; pre scribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproducing and the person (s) whose testimony is sought may prepare for the same; and identify the person to whom such material shall be made available.

(2) No such investigative demand shall

(A) contain any requirement which would be held to be unreason able as contained in a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; or

(B) require the production of any documentary evidence or oral testimony which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; provided, however, that the limitations on the scope of demand contained herein do not require as a condition to the issuance of an investigative demand that the alleged violation be of sufficient seriousness as to constitute a violation of the criminal laws of this State, as opposed to the civil provisions of this Act.

Section 13. Subpoenas, hearings and enforcement.-- (a) To carry out the duties prescribed by this Act, the administrator, in addition to other powers conferred upon him by this Act, may, with the consent of the Attorney General of Georgia, issue subpoenas to any person, ad minister an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such procedural rules and regulations as may be necessary, which pro cedural rules and regulations shall have the force of law.

(b) Upon failure of a person without lawful excuse to obey an investigative demand or subpoena, the administrator may apply to a superior court having jurisdiction for an order compelling compliance.

(c) Information obtained pursuant to powers enforced by this Act shall not be made public or disclosed by the administrator or his em ployees beyond the extent necessary for the enforcement of this Act.

Section 14. Invalidation of registration; civil penalties.--The ad ministrator may refuse to issue or may temporarily or permanently in validate the registration of a service dealer for any acts or omissions which constitute violations of this Act and establish a pattern of noncompliance. In lieu of the invalidation of a registration, the administrator may impose civil penalties against the holder of such registration for violation of this Act. No civil penalty so imposed shall exceed $500 for
each offense.

Section 15. Informal adjustment of complaints.--The administrator shall establish procedures for accepting complaints from the public against any service dealer. If a complaint does not appear to state any violation of this Act, the administrator shall so advise the person making the complaint and take no further action. If the complaint indicates a

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possible violation of this Act, the administrator shall advise the service dealer of the contents of the complaint, and, after the service dealer has had reasonable opportunity to reply thereto, the administrator shall make an investigation. If, upon an investigation, it appears probable that a violation has occurred, the administrator, in his discretion, may suggest measures that would compensate the complainant for the damages he has suffered as a result of the alleged violations. If the service dealer accepts such suggestions and performs accordingly, the administrator shall give such fact due consideration in any subsequent proceeding.

Section 16. Advisory council; created.--There is hereby created an advisory council to be composed of three members to be appointed by the Consumer Affairs Committee of the State Senate. Members of the council shall serve for terms of office expiring at the same time as the expiration of the terms of office of members of the General Assembly. It shall be the duty of the advisory council to assist and advise the ad ministrator concerning matters coming within the jurisdiction of the administrator under the provisions of this Act. The members of the advisory council shall receive no compensation or expenses for their service as members of the council. Members of the advisory council shall elect one of their members as chairman for a term equal to their terms of office as members of the council. The council shall meet upon the call of the chairman.

Section 17. Penalties.--Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction, shall be pun ished as for a misdemeanor.

Section 18. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Pearce of the 16th offered the following amendment:
Amend the substitute offered by the Committee on Consumer Affairs to SB 16 by adding on Page 2, line 8, before the word "for" the following:
"principally".
On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 36, 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:

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255

Those voting in the affirmative were Senators:

Allgood Banks Barker Bond Carter Evans Greene

Holloway Howard Johnson Kidd Lester Pearce Robinson

Shapard Starr Stumbaugh Tate Wessels

Those voting in the negative were Senators:

Ballard Barnes Bell Broun of 46th Brown of 47th Dean of 31st Doss Duncan Eldridge English

Fincher Foster Gillis Hill Hudson Kennedy Langford McGill Overby Paulk

Reynolds Russell Scott Summers Sutton Thompson Timmons Traylor Tysinger

Those not voting were Senators:

Brantley Coverdell Dean of 6th

Hudgins Riley Stephens

Turner Walker

On the passage of the bill, the yeas were 19, nays 29.

The bill, having failed to receive the requisite constitutional majority, lost.

Senator Robinson of the 27th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 16.

SB 34. By Senators Kennedy of the 4th, Foster of the 50th, Overby of the 49th and others:
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 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.

The Senate Committee on Offender Rehabilitation offered the following sub stitute to SB 34:
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

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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 may 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. (a) As a condition of probation which may be in addition to any other condition of probation, the court may 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. This subsection shall apply to offenders placed on probation on and after July 1, 1977.

(b) The provisions of subsection (a) of this Section shall not be applicable to probationers in community facilities or to counties which provide their own probation system."

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 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.

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond Broun of 46th
Brown of 47th

Carter Dean of 31st Doss Duncan Eldridge English Evans Fincher
Foster

Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy
Kidd

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257

Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stumbaugh Summers Button

Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Coverdell

Dean of 6th Hudgins

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.

SB 44. By Senators Starr of the 44th, Gillis of the 20th, Holloway of the 12th and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act", as amended, so as to amend the policy declared; to require the establishment or revision of permissible limits of surface water usage; to provide the Georgia Environmental Protection Division with certain powers in dealing with the United States regarding management and allocation of the State's surface water resources.

Senator Starr of the 44th moved that SB 44 be postponed until Monday, February 7.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 44 was postponed until Monday, February 7.

Senator Stephens of the 36th moved that the following bill of the Senate, which was lost on February 2 and reconsidered today, be committed to the Com mittee on County and Urban Affairs:
SB 126. By Senator Stephens of the 36th: A bill to provide that in certain counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wine is lawfully autho rized, such sale for consumption on the premises shall be authorized during certain hours.
On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 126 was committed to the Committee on County and Urban Affairs.

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Senator Langford of the 51st introduced the doctor of the day, Dr. Ben Looper of Canton, Georgia.

The following communications to the Honorable Ben W. Fortson, Jr., Secre tary of State, were read by the Secretary:
THE GENERAL ASSEMBLY
Atlanta
TO: HONORABLE BEN W. FORTSON, JR. SECRETARY OF STATE
This is to certify that Honorable William M. Evans, DeKalb County, has been elected, pursuant to the provisions of Code Section 95A-306, relative to the State Transportation Board from the Fourth Congres sional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1977 and expiring April 15, 1982.
This 17th day of January, 1977.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

THE GENERAL ASSEMBLY Atlanta
TO: HONORABLE BEN W. FORTSON. JR. SECRETARY OF STATE
This is to certify that Honorable Frank Morast, Jr., Muscogee County, has been elected, pursuant to the provisions of Code Section 95A-306, relative to the State Transportation Board, as a member of the State Transportation Board from the Third Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1977 and expiring April 15, 1982.
This 17th day of January, 1977.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
The following resolution of the House, having been read and adopted on February 2 and reconsidered today, was put upon its adoption:

THURSDAY, FEBRUARY 3, 1977
HR 125. By Representatives Buck of the 95th, Lambert of the 112th, Council ^ the 87th and others: A resolution relative to the regulation of natural gas.
Senator Banks of the 17th offered the following amendment:
Amend HR 125 by inserting on Page 2, line 6, following the word "deregulating" the following:

Senator Stumbaugh of the 55th moved that HR 125 be committed to the Committee on Public Utilities.
Senator Banks of the 17th moved the previous question.
The President ruled that the motion for the previous question takes prec edence.
Senator Stumbaugh of the 55th moved that HR 125 be tabled.
The President ruled that the motion to table takes precedence.
On the motion to table, the yeas were 12, nays 30; the motion was lost, and HR 125 was not tabled.
The previous question was ordered.
On the adoption of the amendment offered by Senator Banks of the 17th, the yeas were 43, nays 0, and the amendment was adopted.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Bell Brantley

Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan

English Fincher Foster Gillis Greene Holloway

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Howard Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Riley Robinson Scott Shapard Starr Stephens

Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators :

Barnes Eldridge Evans

Hill Hudgins Hudson

Johnson Summers Sutton

Those not voting were Senators :

Bond Coverdell

Dean of 6th Russell

Stumbaugh

On the adoption of the resolution, the yeas were 42, nays 9.

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

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 11:30 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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261

Senate Chamber, Atlanta, Georgia Friday, February 4, 1977

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

Senator Johnson of the 34th reported that the Journal of yesterday's pro ceedings had been read and found correct.

Senator Robinson of the 27th moved that the Senate reconsider its action of February 3 in defeating the following bill of the Senate:

SB 16. By Senators Robinson of the 27th, Greene of the 26th and Barker of the 18th:
A bill to regulate the business of repairing, servicing and maintaining electronic equipment; to provide for a short title; to provide for def initions; to provide for the registration of electronic repair service dealers.

On the motion, the President ordered a roll call, 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

Evans Fincher Foster Greene Howard Johnson Kennedy Kidd Langford Overby Paulk Pearce Reynolds Riley

Those voting in the negative were Senators:

Allgood

English

Those not voting were Senators:

Ballard Bond Gillis Hill

Holloway Hudgins Hudson Lester

Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels
McGill
Stephens Tate Traylor

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On the motion, the yeas were 42, nays 3; the motion prevailed, and SB 16 was reconsidered and placed at the foot of the 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:

HB 440. By Representatives Wall of the 61st and Phillips of the 59th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, so as to provide in said Act definitions of the following terms used in said Act: County funds, County finances, County records, County financial records, County departments, County offices, County agencies, County property.

HB 448. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and providing an annual salary for said officer, approved Feb. 27, 1970, so as to change the provisions relative to the compensation of said officer.

HB 449. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act creating a Board of County Commissioners of Baldwin County, approved Dec. 26, 1888, as amended, so as to change the compensation which may be paid to said county commissioners.

HB 456. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to amend an Act creating a board of commissioners for the County of Thomas, as amended, so as to change the compensation of the chair man and other members of the board of commissioners of Thomas County.

HB 459. 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 duties, powers and compen sation, so as to change the expense allowance of the chairman of the board of commissioners; to provide an expense allowance for the mem bers of the board of commissioners other than the chairman.

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263

HB 460. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the compensation of the special deputies.

HB 461. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the compensation of the sheriff's secretary.

HB 462. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the salary of the deputy sheriff.

HB 465. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County, approved Feb. 8, 1955, as amended, so as to change the com pensation of the Chairman and the other members of the Board.

HB 467. By Representatives Dover of the llth and Colwell and Twiggs of the 4th:
A bill to amend an Act creating a board of commissioners of White County, so as to change the provisions relative to the compensation of the chairman and other members of said board.

HB 473. By Representatives Irvin of the 23rd and Harris and Anderson of the 8th:
A bill to amend an Act incorporating the City of Mountain Park, ap proved July 13, 1927, as amended, so as to provide for the power of condemnation and for certain other powers.

HB 474. 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 provisions thereof relative to the appointment of a judge pro hac vice; to provide for the compensation, duties and qualifica tions of the judge pro hac vice.

HB 475. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Board of Commissioners for Troup County, approved Mar. 25, 1958, so as to change the provisions relative to the election of members of said Board.

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JOURNAL OF THE SENATE,

HB 477. By Representative Owens of the 77th:
A bill to provide for a supplement to the compensation, salary expenses and allowances of the Sheriff of Columbia County; to provide an effective date.

HB 482. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to change the method of appointing members of the Clayton County Hospital Authority; to provide for filling vacancies for full and unexpired terms; to provide that only one member of the medical pro fession may serve as a member of the Hospital Authority at the same time.

HB 483. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Twiggs 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 484. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Tax Commis sioner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county.

HB 485. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Twiggs 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 428. By Representative Johnson of the 74th:
A bill to amend Code Section 26-1302, relating to aggravated assault, as amended, so as to provide additional penalties for the crime of ag gravated assault under certain circumstances.
HB 252. By Representatives Linder of the 44th, Marcus of the 26th and others:
A bill to amend Code Section 84-916, relating to the refusal or revocation of licenses to practice medicine, as amended, so as to provide for civil and criminal immunity for persons making certain reports.
HB 494. By Representatives Foster and Wheeler of the 152nd and Hudson of the 137th:
A bill to amend an Act establishing the State Court of Coffee County, approved August 19, 1919-, as amended, so as to change the compensation of the judge and of the solicitor of the court.

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HB 443. By Representatives Housley and Burruss of the 21st, Harrison of the 20th and others:
A bill to provide that in all counties in the State of Georgia having a population of 200,000 or more, the office of Justice of the Peace Emeritus shall be created; to define the jurisdiction and powers of such Justice of the Peace Emeritus.

HB 455. By Representatives Key ton of the 143rd and Long of the 142nd:
A bill to fix the salary of the coroner in all counties of this State having a population of not less than 34,300 and not more than 36,000 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.

HB 251. By Representatives Linder of the 44th, Marcus of the 26th and others:
A bill to amend an Act known as the Georgia Administrative Procedure Act approved March 10, 1964, as amended, so as to provide that in contested cases involving a license to practice medicine a reviewing court may order a stay only if it makes certain findings.

HB 138. By Representatives Taggart of the 125th, Evans of the 84th, Tucker of the 73rd and others:
A bill to repeal Code Section 24-107 relating to the requirement that minutes of courts of record be read and signed.

HB 66. By Representatives Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Section 30-217, relating to subsequent cohabitations and the effect as to permanent alimony, so as to provide that the voluntary cohabitation of the wife with another person shall annul and set aside all provisions made for permanent alimony, either by deed or decree.

HB 48. By Representatives Wall of the 61st and Harris of the 60th:
A bill to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, as amended, so as to require day care personnel to make reports of suspected child abuse.

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

SB 68. By Senator Reynolds of the 48th:
A bill to create a new charter for the City of Lawrenceville; to provide for a mayor and council; to provide for their election, powers, duties

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and responsibilities; to provide for the administration of the affairs of said city.

The House has adopted the following resolution of the House:

HR 145. By Representatives Hawkins of the 50th, Nichols of the 27th and others: A resolution expressing regret at the passing of Mr. Adolph Rosenberg.

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

SB 218. By Senators Scott of the 43rd, Paulk of the 13th, Barker of the 18th and others:
A bill to regulate and provide for the place at which lawful bingo games may be held; to amend Code Section 26-2704, related to keeping a gambling place, as amended, so as to provide for conformity; to provide for other matters relative to the foregoing. Referred to Committee on Judiciary.

SB 219. By Senators Poster of the 50th, Barnes of the 33rd and Overby of the 49th:
A bill to amend Code Chapter 29-4, relating to the recording of deeds, as amended, so as to provide certain requirements for recording. Referred to Committee on Judiciary.

SB 220. By Senators Poster of the 50th, Barnes of the 33rd and Overby of the 49th:
A bill to amend Code Section 22-105, relating to the filing of documents under the "Georgia Business Corporation Code", as amended, so as to provide additional requirements relative to such filing. Referred to Committee on Judiciary.

SB 221. By Senator Traylor of the 3rd:
A bill to amend "The Small Business Assistance Act of 1975", so as to encourage State purchases from minority businesses; to define a certain term; to change the provisions relating to the Advisory Council. Referred to Committee on Industry, Labor and Tourism.
SB 222. By Senator Doss of the 52nd:
A bill to amend an Act placing the District Attorney of the Rome Judicial Circuit on an annual salary, as amended, so as to change the compensation provisions relating to the Assistant District Attorney to conform to State standards. Referred to Committee on County and Urban Affairs.

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SB 223. 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 provide for annual salaries of the members of the board of education. Referred to Committee on County and Urban Affairs.

SB 224. By Senators Holloway of the 12th, Riley of the 1st and Starr of the 44th:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy; to provide for definitions; to require certain persons and entities to file annual reports.
Referred to Committee on Rules.

SB 225. By Senator Reynolds of the 48th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, as amended, so as to change the provisions relative to the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

SB 226. By Senator Reynolds of the 48th:
A bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis of compensation, so as to change the provisions relative to the compensation of the Sheriff, Clerk of the Superior Court, and Judge of the Probate Court of Gwinnett County. Referred to Committee on County and Urban Affairs.
SB 227. By Senator Reynolds of the 48th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, so as to change the provisions relating to the compensation of the Chairman of the Board of Commissioners of Gwin nett County. Referred to Committee on County and Urban Affairs.
SR 71. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A resolution calling for an investigation of bingo operations in Georgia. Referred to Committee on Judiciary.
SR 72. By Senator Paulk of the 13th:
A resolution relative to the portrait of former Governor William J. Northen. Referred to Committee on Rules.

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

HB 440. By Representatives Wall of the 61st and Phillips of the 59th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, so as to provide in said Act definitions of the fol lowing terms used in said Act: County, County funds, County finances, County records, County financial records, County departments, County offices, County agencies, County property.
Referred to Committee on County and Urban Affairs.

HB 448. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and providing an annual salary for said officer, approved Feb. 27, 1970, so as to change the provisions relative to the compensation of said officer. Referred to Committee on County and Urban Affairs.
HB 449. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act creating a Board of County Commissioners of Baldwin County, approved Dec. 26, 1888, as amended, so as to change the compensation which may be paid to said county commissioners. Referred to Committee on County and Urban Affairs.
HB 455. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to fix the salary of the coroner in all counties of this State having a population of not less than 34,300 and not more than 36,000 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 456. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to amend an Act creating a board of commissioners for the County of Thomas, as amended, so as to change the compensation of the Chair man and other members of the board of commissioners of Thomas County. Referred to Committee on County and Urban Affairs.
HB 459. 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 duties, powers and com pensation, so as to change the expense allowance of the chairman of the board of commissioners; to provide an expense allowance for the members of the board of commissioners other than the chairman. Referred to Committee on County and Urban Affairs.

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269

HB 460. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the compensation of the special deputies. Referred to Committee on County and Urban Affairs.

HB 461. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the compensation of the sheriff's secretary. Referred to Committee on County and Urban Affairs.

HB 462. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the salary of the deputy sheriff. Referred to Committee on County and Urban Affairs.

HB 465. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County, approved Feb. 8, 1955, as amended, so as to change the com pensation of the Chairman and the other members of the Board. Referred to Committee on County and Urban Affairs.

HB 467. By Representatives Dover of the llth, and Colwell and Twiggs of the 4th:
A bill to amend an Act creating a board of commissioners of White County, so as to change the provisions relative to the compensation of the chairman and other members of said board. Referred to Committee on County and Urban Affairs.

HB 473. By Representatives Irvin of the 23rd, and Harris and Anderson of the 8th:
A bill to amend an Act incorporating the City of Mountain Park, approved July 13, 1927, as amended, so as to provide for the power of condemnation and for certain other powers. Referred to Committee on County and Urban Affairs.

HB 474. 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 provisions thereof relative to the appointment of a judge pro hac vice; to provide for the compensation, duties and qual ifications of the judge pro hac vice. Referred to Committee on County and Urban Affairs.

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HB 475. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a Board of Commissioners for Troup County, approved Mar. 25, 1958, so as to change the provisions relative to the election of the members of said Board. Referred to Committee on County and Urban Affairs.

HB 477. By Representative Owens of the 77th:
A bill to provide for a supplement to the compensation, salary expenses and allowances of the Sheriff of Columbia County; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 482. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to change the method of appointing members of the Clayton County Hospital Authority; to provide for filling vacancies for full and unexpired terms; to provide that only one member of the medical pro fession may serve as a member of the Hospital Authority at the same time. Referred to Committee on County and Urban Affairs.

HB 483. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Twiggs 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 484. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Tax Commis sioner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county. Referred to Committee on County and Urban Affairs.

HB 485. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Twiggs 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 494. By Representatives Foster and Wheeler of the 152nd and Hudson of the 137th:
A bill to amend an Act establishing the State Court of Coffee County,

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271

approved August 19, 1919, as amended, so as to change the compen sation of the judge and of the solicitor of the court.
Referred to Committee on County and Urban Affairs.

HB 48. By Representatives Wall of the 61st and Harris of the 60th:
A bill to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, as amended, so as to require day care personnel to make reports of suspected child abuse. Referred to Committee on Human Resources.

HB 66. By Representatives Walker of the 115th, Culpepper of the 98th, Foster of the 6th and Karrh of the 106th:
A bill to amend Code Section 30-217, relating to subsequent cohabita tions and the effect as to permanent alimony, so as to provide that the voluntary cohabitation of the wife with another person shall annul and set aside all provisions made for permanent alimony, either by deed or decree. Referred to Committee on Judiciary.
HB 138. By Representatives Taggart of the 125th, Evans of the 84th, Tucker of the 73rd and others:
A bill to repeal Code Section 24-107 relating to the requirement that minutes of courts of record be read and signed. Referred to Committee on Judiciary.
HB 251. By Representatives Linder of the 44th, Marcus of the 26th, Cox of the 141st and others:
A bill to amend an Act known as the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, so as to provide that in contested cases involving1 a license to practice med icine a reviewing court may order a stay only if it makes certain findings. Referred to Committee on Human Resources.
HB 252. By Representatives Linder of the 44th, Marcus of the 26th, Cox of the 141st and others:
A bill to amend Code Section 84-916, relating to the refusal or revocation of licenses to practice medicine, as amended, so as to provide for civil and criminal immunity for persons making certain reports. Referred to Committee on Human Resources.
HB 428. By Representative Johnson of the 74th:
A bill to amend Code Section 26-13'02, relating to aggravated assault, as amended, so as to provide additional penalties for the crime of ag gravated assault under certain circumstances. Referred to Committee on Judiciary.

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HB 443. By Representatives Housley and Burruss of the 21st, Harrison, Isakson, and Nix of the 20th and others:
A bill to provide that in all counties in the State of Georgia having a population of 200,000 or more, the office of Justice of the Peace Emeritus shall be created; to define the jurisdiction and powers of such Justice of the Peace Emeritus. Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:
Senator Russell of the 10th 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 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 162. Do pass. SB 181. Do pass.
Respectfully submitted, Senator Russell of 10th 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 & 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 85. Do pass. SB 202. Do pass.
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

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273

and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 198. Do pass.
SB 199. Do pass.
SR 31. Do pass.
Respectfully submitted, Senator Overby of 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:
SB 103. Do pass.
HB 431. Do pass. SR 28. Do not pass.
Respectfully submitted, Senator Gillis of 20th 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 bill and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 97. Do pass by substitute. SR 59. 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 1. By Senator Sutton of the 9th:
A bill to amend an Act known as the "Georgia Industrial Loans Act", as amended, so as to change the provision relative to penalties for violations of said Act.

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SB 46. By Senators Kidd of the 25th, McGill of the 24th, Bond of the 39th and others:
A bill to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, as amended, so as to provide for licensure of certain persons licensed as master cosmetol ogists in other states.

SB 49. By Senators Kidd of the 25th, Traylor of the 3rd, McGill of the 24th and others:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for applications for ab sentee ballots; to provide for the processing of applications for absentee ballots; to provide for the control of application forms.

SB 50. By Senators Kidd of the 25th, Traylor of the 3rd, McGill of the 24th and others:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for applications for absentee ballots; to provide for the counting of absentee ballots.

SB 51. By Senators Kidd of the 25th, McGill of the 24th, Dean of the 6th and others:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for challenges to the right to vote of any person.

SB 52. By Senators Kidd of the 25th, McGill of the 24th, Bond of the 39th and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to change the provisions relating to proof of insurance.

SB 57. 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.

SB 69. 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, as amended, so as to except chaplains from such prohibiting provisions under certain circumstances.

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275

SB 71. By Senator Kidd of the 25th:
A bill to be known as the "Joint Government Operations Committee Act"; to provide for a short title; to provide for a definition; to create the Joint Government Operations Committee; to provide for the members, personnel, funds, powers, duties and authority of the committee.

SB 80. By Senators Barnes of the 33rd, Duncan of the 30th, Hudson of the 35th and others:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, as amended, so as to authorize county and independent school systems to use school buses to provide transportation for the elderly and the handicapped under certain conditions.

SB 81. By Senators Barnes of the 33rd, Hudson of the 35th, Duncan of the 30th and others:
A bill to create a Council on Aging; to provide for the appointment and terms of office of members of the Council; to provide for officers; to provide for rules and procedures; to provide for meetings of the Council.

SB 92. By Senator Broun of the 46th:
A bill to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation and expenses of members of the Board of Regents; to change the maximum number of days for which a member may receive expenses.

SB 96. By Senators Lester of the 23rd, Thompson of the 32nd and Starr of the 44th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to provide for certain correlation of benefits.

SB 99. By Senator Holloway of the 12th:
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 152. By Senator Doss of the 52nd:
A bill to amend Code Section 92-3701, relating to the purposes for which counties may levy taxes, as amended, so as to provide that county taxes may be levied and collected to provide for the development of trade, commerce, industry and employment opportunities, including financial assistance to their respective county development authorities.

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SB 153. By Senator Doss of the 52nd:
A bill to provide that municipal corporations may levy and collect municipal taxes to provide for the development of trade, commerce, industry and employment opportunities, including financial assistance to their respective municipal development authorities.

SB 168. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for any officer or employee of this State to directly or indirectly coerce or attempt to coerce, command or advise any other State officer or employee to pay, lend or contribute any part of his salary, kick back any sum of money, or any thing else of value to any party, committee, organization, agency or person for political purposes.

SB 183. By Senator Kidd of the 25th:
A bill to authorize State employees to engage in political activities under certain conditions.

SB 187. By Senators Sutton of the 9th, Langford of the 51st, Foster of the 50th and others:
A bill to amend the Campaign and Financial Disclosure Act, as amended, so as to prohibit contributions by certain organizations to certain public officials and to certain candidates for public office.
SR 32. 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 eligi ble purpose for which general obligation debt of the State may be in curred.
SR 40. By Senator Hill of the 29th:
A resolution designating the John C. Barrow Memorial Bridge.
HB 24. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for no campaign activities within two hundred and fifty feet of a polling place.
HB 25. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend the Campaign and Financial Disclosure Act, approved March 5, 1974, so as to change certain campaign disclosure report filing requirements under Section 6(d) of said Act.

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277

HB 26. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for no campaign activities within two hundred and fifty feet of a polling place.

HB 33. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Code Section 34-1704 relating to venue in election contests, so as to change the procedure for determining which judge shall preside over an election contest.

HB 54. By Representatives Culpepper of the 98th, Walker of the 115th, Watson of the 114th and others:
A bill to amend Code Section 34-1307, relating to prohibition of certain campaign activities within a certain distance of polling places, as amended, so as to prohibit the solicitation of signatures for petitions within a certain distance of polling places on any primary or election day.

SB 158. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, as amended.

SB 184. By Senator Kidd of the 25th:
A bill to provide for the compensation of the members of the board of commissioners of counties in this State having a population of not less than 8,350 or more than 8,400 according to the United States Decennial Census of 1970 or any future such census; to provide for certain travel expenses.

SB 196. By Senators Riley of the 1st and Wessels of the 2nd:
A bill to amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of the State of Georgia, creating the Savannah District Authority, now known as the Savannah Port Authority, so as to provide an alternative procedure whereby the Savannah Port Authority can stimulate industrial expansion and de velopment.

HB 29. By Representative Howell of the 140th:
A bill to amend an Act creating a small claims court in certain counties of this State, approved Mar. 10, 1966, so as to change the provisions relating to the jurisdiction of said court.

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:

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HB 136. By Representative Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham) so as to change the compensation of the judge and solicitor of said court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 164. By Senator Kidd of the 25th: A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Jones County and providing in lieu therof an annual salary, as amended, so as to authorize the appointment of a clerk; to provide for the compensation, duties and powers of the clerk.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 169. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of Commissioners for Baldwin County, as amended, so as to provide that the governing authority of Baldwin County may in its discretion become a self-insurer as to all insurance and surety bonds acquired by said 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 171. By Senator Kidd of the 25th: A bill to amend an Act placing the Judge of the Probate Court of Baldwin County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the salary of the judge of the probate court.

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279

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 172. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relating to the employment of personnel by 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 52, nays 0.

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

SB 176. By Senator Shapard of the 28th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, as amended, so as to change the salary of the Tax Commissioner of Spalding County, which salary shall be paid in addition to the additional annual compensation of $150.00 for each four-year term or part thereof completed by such 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 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 177. By Senator Shapard of the 28th: A bill to repeal an Act 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 United States Decennial Census of 1970 or any future such census.

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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 52, nays 0.

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

SB 178. By Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount by which the jurisdiction of the court is limited with respect to cases involving injury to the person; to provide for the creation of a dead docket for 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.

SB 179. By Senator Doss of the 52nd:
A bill to increase the fees of coroners for services in connection with the holding of inquests in certain counties; 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.

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

Allgood Banks Barker Barnes Bell
Brantley
Broun of 46th
Brown of 47th
Carter

Coverdell Dean of 6th Dean of 31st Doss Eldridge
English
Evans
Pincher
Foster

Gillis Greene Hill Holloway Howard
Hudgins
Hudson
Johnson
Kennedy

FRIDAY, FEBRUARY 4, 1977

281

Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Ballard Bond

Duncan

Traylor

Senator Carter of the 14th introduced the chaplain of the day, Reverend Charles L. Dennis, pastor of Butler Methodist Church, Butler, Georgia, who offered prayer.

Senator Kidd of the 25th introduced the doctor of the day, Dr. Barry Darugar, of Eatonton, Georgia.
SENATE CALENDAR Friday, February 4, 1977
HB 94. Appropriations--1976-77--change (SUB) SB 23. Teachers' Retirement--additional postretirement benefits
adjustments SB 24. Employees' Retirement System--certain age may reject member
ship (AM) SB 26. Left Turn on Red--provisions for one-way street (AM) SB 55. Hearsay Evidence--medical diagnoses admissible as evidence SB 65. Juvenile Court Judge Pro Tempore--conditions for appointment SB 104. Gwinnett Judicial Circuit Superior Courts--additional judge SB 135. Public Safety Department--provide logistics officer SB 137. Columbus Charter--provisions for amending SB 139. State Courts--jurisdiction peace warrants SR 37. Gwinnett County--conveyance of certain real property HB 4. County Tax Receiver Keeping Statistics of Blind--repeal Code HB 81. Bail Bonds--failure of principal to appear SB 16. Electronic Equipment--regulate repairing, servicing

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

282

JOURNAL OF THE SENATE,

HB 94. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1976-77.
Senate Sponsor: Senator Holloway of the 12th.

The Senate Committee on Appropriations offered the following substitute toHB 94:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriation Act", approved March 25, 1976 (Ga. Laws 1976, p. 785), so as to change certain appropriations for the fiscal year 1976-77; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriations Act", approved March 25, 1976 (Ga. Laws 1976, p. 785), is hereby amended by striking the following:

"PART I. LEGISLATIVE BRANCH

and Sections 1 through 57, and inserting in lieu thereof the following:

"PART I. LEGISLATIVE BRANCH"

Section 1. Legislative Branch. Budget Unit: Legislative Branch .__.._.._...___.._...__.$

8,100,000

1. Operations _,,.___..______-_..._-_----___._______._..____.._____..___.$ Total Funds Budgeted ---._,,.._..,,....,,,,$ State Funds Budgeted .-,,--...,,,,...-$

7,650,000 7,650,000 7,650,000

2. For Election Blanks and Other Election Expenses _________.,,.,,____._______.________.._.$
Total Funds Budgeted ....._...,...,,.___..__......._......$ State Funds Budgeted .....__..............__......_,,........$

450,000 450,000 450,000

FRIDAY, FEBRUARY 4, 1977
Budget Unit Object Classes:
Operations .._--.-.------.--------$ Election Blanks and Other
Election Expenses ......,,_.__........._..____._.._.___.....$

283
7,650,000 450,000

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 Governor and Speaker of the House of Representatives; for memship 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 Commit tee; for the maintenance, repair, construction, recon struction, 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 compiling1, 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 Assembly; for equipment, supplies, furnishings, repairs, printing, ser vices 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 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 in clude that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits _----------_.$

2,698,432

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

2,358,432 2,358,432 2,358,432

284

JOURNAL OP THE SENATE,

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

340,000 340,000 340,000

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

2,358,432 340,000

PART II. JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court ______,,__,,___.________.__._,$

1,212,567

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 al located 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.

Provided, however, that the sum of $7,000 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts.

Section 4. Superior Courts. Budget Unit: Superior Courts ......._-_...,,_____......_,,.$ 7,785,000

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 payment of travel, tuition and expenses of Judges authorized to at tend 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 Review Panel as created by 1974 Georgia Laws, p. 358.

FRIDAY, FEBRUARY 4, 1977

285

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 $14,000 per annum for each additional District Attorney Emeri tus 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 committed for the Prosecuting Attorneys' Council for operations and $36,046 is designated and committed for the Sentence Review Panel.

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

1,356,031

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 Emer itus 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 ____.______.,,_....______,,___.__.__,,_._._._______.$

178,668

For the cost of operating the Administrative Offices of the Court.

Section 7. Appellate Court Reports. Budget Unit: Court Reports ...._. ____________ ________ $

114,000

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 __,,_____._,,_.____.,,_ _____.,,,,__________$

10,000

For the cost of operating the Judicial Qualifications Commissions.

286

JOURNAL OP THE SENATE,

Section 9. Board of Court Reporting. Budget Unit: ..___...._._-......._._.......-...-............._...$

7,500

For the cost of operating the Board of Court Reporting.

Section 10. Council of Juvenile Court Judges Budget Unit .-.......,,._..--...--.-,...._..._..-----$

40,341

For the cost of operating the Council of Juvenile Court Judges.

PART III. EXECUTIVE BRANCH

Section 11. Department of Administrative Services.
Budget Unit: Department of Administrative Services .__-.,,.........--_,,------.$ 27,587,503

1. Georgia Building Authority Budget:
Direct Payments to Authority for Operations _._-....-...-.--_...._..........,,--...$
Capital Outlay ______--.__-_......-._____--,,_.,,__~....--.$ Authority Lease Rentals --..........._._----.----$ Total Funds Budgeted _,,.__.__...__.,,,,_,,_.___.____._,,$ State Funds Budgeted ....... ... ...... .^ Total Positions Budgeted

2,521,854 405,000
2,495,903 5,422,757 5,422,757
0

2. Departmental Administration 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

545,404 49,189 7,350 --0-- 4,300
4,000 --G-- --0-- --0-- 610,243 610,243
35

3. Fiscal Administration Budget:
Personal Services -...,,_.,,----,,--.-.-............,,..--..,,$ Regular Operating Expenses ______,,___.__,,,,__,,__$ Travel ....-,,._....._,,..-.............._._..._.................$ Motor Vehicle Equipment Purchases --_.,,--__$

370,344 30,000 4,000 --0--

FRIDAY, FEBRUARY 4, 1977

287

Publications and Printing ,,____.________.._._____.______..$ Equipment Purchases ---.._._-..,,.--.._.,,...__.______-.$ Per Diem and Fees ....-----._---.-----..--.--------$ Computer Charges .__......__,,.....__................._._....$ Other Contractual Expense _____._____._--___.-_.__,,.$ Total Funds Budgeted ______--.._______.___.__._____________$ State Funds Budgeted ________.._________._,,.__.____-___._,,_$ Total Positions Budgeted

10,000 1,000 --0-- 2,665,000 --0-- 3,080,344 3,080,344
25

4. Self-Insurance 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 -..._--...,,--...--.... $ Workmen's Compensation _._,,...___..........__.._...__.$ Total Funds Budgeted ..-_.._..--__..--_-..-_...........__.$ State Funds Budgeted .,,,,..,, .._...-...,,,,$ Total Positions Budgeted

250,758 14,000 20,000 --0-- 2,500 2,200 --0-- 1,000 --0-- 1,740,000 2,030,458 1,995,530
18

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

734,595 84,757 6,000 --0-- 19,000 --0-- --0-- 50,000 --0-- 894,352 894,352
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

125,314 83,118
900 --0-- --0--
500 --0-- --0-- --0-- 209,832 100,445
13

288

JOURNAL OF THE SENATE,

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

178,613 35,092
5,200 --0--
780 8,150 1,950 12,100 --0-- 241,885 194,747
16

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

9,149,593 1,443,000
25,000 --0--
15,000 74,865 1,293,580 150,000 9,406,832 --0-- 21,557,870 10,105,765
647

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

313,535 577,236
2,000 212,800
1,500 15,590 --0--
1,800 --0-- 1,124,461
0--
29

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 ............................. ....^

1,396,049 318,457 11,103 36,968 48,899 34,000 14,000 73,260

FRIDAY, FEBRUARY 4, 1977

289

Other Contractual Expense ..--....---....-. __$

Telephone Billings

. ........ .$

Total Funds Budgeted ......_......_... ....................$

State Funds Budgeted .___ ...._........ ............._..... $

Total Positions Budgeted

--0-- 13,259,000 15,191,736 5,000,235
105

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

874,446 1,068,936
3,875 10,000 1,000 107,500
600 5,000 --0-- 2,071,357 --0--
78

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 .......... .... .._................ $ Total Positions Budgeted

120,800 1,600,961
1,000 7,000 2,000 8,300 2,640 2,500 --0-- 1,745,201 --0--
12

13. State Properties Commission 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 ........_....._. ....__...............$ State Funds Budgeted _....... ....... ...... ... ....? Total Positions Budgeted

82,911 21,000
5,884 --0--
6,000 3,500 10,000 --0-- 5,000 134,295 134,295
7

14. Volunteer Services Budget:
Personal Services ...... ........................... ..____._.___$ Regular Operating Expenses ._......__...._......_......$ Travel _.........._......_......_._......-.................._.. ___ .$

45,161 5,999 3,050

290

JOURNAL OF THE SENATE,

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

--0-- 5,100
--0-- 4,650
--0-- --0--
63,960 48,790
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 _.__.__.__.. ................ ^ Authority Lease Rentals ... .. .____..__.$ Telephone Billings ............................................^ Total Positions Budgeted

14,187,523 5,331,745
95,362 266,768 116,079 259,605 1,327,420 2,960,660
5,000 9,406,832 1,740,000
2,521,854 405,000
2,495,903 13,259,000
1,041

Section 12. Department of Agriculture. Budget Unit: Department of Agriculture .......$ 15,586,430

1. Plant Industry Budget:
Personal Services __...._....._................_.......-_.. ._._.$ Regular Operating Expenses .._........._._.............$ Travel .............................................................a 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

2,205,785 192,306
93,000 48,000 23,300 16,500
500 --0--
30,000 2,609,391 2,503,391
183

2. Animal Industry Budget:
Personal Services ..._....--..-_.-..........._...-_.... $ Regular Operating Expenses .,,.,,.......--..--.......$ Travel .................................................................I Motor Vehicle Equipment Purchases .. ......$ Publications and Printing ....................... ....^

664,225 101,000 43,423
8,000 9,300

FRIDAY, FEBRUARY 4, 1977

291

Equipment Purchases ___......______.___._....... ..... ... $ Per Diem and Fees .-.._......._______________....._...__.____.$ Computer Charges ...._.-..-....._.._._.____._______.._.....$ Other Contractual Expense .._.._.._..._._............. $ Athens Veterinary Laboratory Contract ....... $ Tifton Veterinary Laboratory Contract ..... $ Poultry Improvement Contract ....._._.... .....$ Veterinary Fees .............................................. ^ Research Contract with Georgia
Institute of Technology ....................._..........$ Contract with University of
Georgia to Study Avian Disease ..............^ Indemnities ....._........_.............................._........... $ Total Funds Budgeted ... ................... .... .. $ State Funds Budgeted .... ......................... ... $ Total Positions Budgeted

4,300 --0-- --0--
5,000 245,100 400,600 516,000 475,000
182,000
174,950 100,000 2,928,898 2,819,898
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 ___..____._____.__....._..$ Capital Outlay ....................................................I Advertising Contract ........................................^ Authority Lease Rentals .......................... ......$ Total Funds Budgeted ..................................$ State Funds Budgeted .......... ............ ...... $ Total Positions Budgeted

1,025,773 291,633 33,400 24,000 12,000 3,850 2,700 --0-- 31,100 100,000 35,000 945,000
2,504,456 2,359,864
81

Provided, that of the above appropriation relating to Regular Operating Expenses, $100,000 is designated and committed to make repairs and renovations at Farm ers Markets for which Authority funds cannot be used.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed to construct a produce shed at the Glennville Farmers Market.

4. General Agricultural Field Forces Budget:

Personal Services .........................................I

Regular Operating Expenses .._......_... ....... ... $

Travel ....

.$

Motor Vehicle Equipment Purchases ....... $

Publications and Printing ................. .......$

Equipment Purchases ... ................. ... $

Per Diem and Fees -... ........ ........

....... $

1,397,923 115,000 150,000 20,000 1,350 1,860 --0--

292

JOURNAL OF THE SENATE,

Computer Charges ..._----_..._...-- .-.______.._.... .___.$ Other Contractual Expense ............................I Total Funds Budgeted ._..._.._....._.___......._.._...__.$ State Funds Budgeted ....................................^ Total Positions Budgeted

5. Internal Administration 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

6. Information and Education 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

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 ......... ....._..... ......._$ Capital Outlay ......................... ..^ Total Funds Budgeted -.......-..........__.............. $ State Funds Budgeted ......_......_...._...................$ Total Positions Budgeted

8. Consumer Protection Budget:
Personal Services ........................ ....^ Regular Operating Expenses ............................$ Travel ........................................$ Motor Vehicle Equipment Purchases ........... .$

--0-- --0-- 1,686,133 1,686,133
131
703,703 96,000 15,600 --0-- 32,200 1,500
500 85,686 --0-- 935,189 918,189
48
126,475 303,000
700 --0-- 262,600
1,500 --0-- --0-- --0-- 694,275 694,275
11
686,391 123,000
68,000 54,000
6,000 6,625 --0-- --0-- --0-- 23,000 967,016 967,016
62
582,557 46,000 20,000
8,000

FRIDAY, FEBRUARY 4, 1977
Publications and Printing ................................I Equipment Purchases ____---._-___.______....____....._____,, $ Per Diem and Fees .___.__.............._________.__...._____ $ Computer Charges __._-______._______._______.____._._.___._.. $ Other Contractual Expense-- .--_------------- $ Total Funds Budgeted __-__-_.___-_-____._-_._...____..__-$ State Funds Budgeted ....__-._.._..._...._..._.._........$ Total Positions Budgeted

293
3,200 --0-- --0-- --0-- --0-- 659,757 659,757
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

1,457,255 74,426 122,000 24,000
4,500 2,600 --0-- --0-- --0-- 1,684,781 1,472,320
112

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

1,787,987 47,000 140,000 12,000 4,000
--0-- 38,000
--0-- 34,900
2,063,887 885,287 145

11. Georgia Agrirama Development Authority Budget:
Payments of Agrirama Authority for Operations ....__.___..._.......... ........ .........._..$
Total Funds Budgeted ............ ....... ............ $ Agency Funds Budgeted ...... ....... .............. $ State Funds Budgeted ............ . ... ............ $

290,300 290,300 105,000 185,300

12. Fire Ant Eradication Budget:

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

Regular Operating Expenses .--.............._....._$

Travel .............

..._.$

Motor Vehicle Equipment Purchases . .... $

Publications and Printing ................................%

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

156,200 2,000 39,200
--0-- 1,600
--0--

294

JOURNAL OF THE SENATE,

Per Diem and Fees ...,,_..._____--....._--..._._...........$ Computer Charges .,,_--_--._,,---.....------ ... _ $ Other Contractual Expense .....__.......___.___,,___..$ Purchase of Bait ............................. ...^ Total Funds Budgeted .-......_......._-......._-....._-.$ State Funds Budgeted ..................................... ^ Total Positions Budgeted

2,000 --0-- 399,000 --0-- 600,000 435,000
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 _....._..._.__..._......._..$ Purchase of Bait ............................ ^ Athens Veterinary Laboratory
Contract .............$ Tifton Veterinary Laboratory
Contract .,,......___...._..._,,.....,,.....-,,..,,.-...._.....$ Poultry Improvement Contract ._,,__.__----__---._-$ Veterinary Fees .......................... ...4 Research Contract with Georgia
Institute of Technology ............... ^ Contract with University of
Georgia to Study Avian Disease _...,_....--...$ Indemnities ..................................$ Advertising Contract -_.._______-_._____._.___._--_.__--_.-$ Authority Lease Rentals .........................--...-$ Payments to Agrirama Authority
for Operations ...............$ Capital Outlay .................................. .^ Total Positions Budgeted

10,794,274 1,391,365
725,323 198,000 360,050 38,735 43,700 85,686 500,000 --0--
245,100
400,600 516,000 475,000
182,000
174,950 100,000 35,000 945,000
290,300 123,000
864

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 13. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ....__...._....._...-_.....__--..,,.._....-.._.$

1,870,860

1. Administration Budget:
Personal Services _.-.._-.....__....-.__..--......--...-_...$ Regular Operating Expenses ._.._.___.._.___.._.___.$ Travel _._.___.__.____..,,.__..___.____.__-_..__-__.-__-_--.-_.$ Motor Vehicle Equipment Purchases ___..--_...$ Publications and Printing .............. ..^

377,313 81,200 5,000
--0-- 18,833

FRIDAY, FEBRUARY 4, 1977

295

Equipment Purchases .__.__--______._,,_.......___.......$ Per Diem and Fees ........._........__.._....__....___......$ Computer Charges ------_.-----..------..------..$ Other Contractual Expense .__._...--.,,............. $ Total Funds Budgeted .....__.__......___.....,,,..._....$ State Funds Budgeted ....................................I Total Positions Budgeted

3,760 2,000 8,750 --0-- 496,856 496,856
23

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

1,069,528 13,280
284,146 --0-- --0--
7,050 --0-- --0-- --0-- 1,374,004 1,374,004
67

Budget Unit Object Classes:
Personal Services .............................................I Regular Operating Expenses --,,...----_...----__..$ Travel ____._____.-_________._.__.__$ Motor Vehicle Equipment Purchases __--_.___. $ Publications and Printing .____....,,.._...............__$ Equipment Purchases --..-----....,,---..--,,.--._ $ Per Diem and Fees ............................................I Computer Charges ____----_.__----___._._--____.--__. $ Other Contractual Expense-----..-------.. $ Total Positions Budgeted

1,446,841 94,480
289,146 --0--
18,833 10,810 2,000 8,750 --0--
90

Provided, that of the above appropriation relative to Publications and Printing, $6,833 is designated and committed to the office of Secretary of State for print ing charges.

Section 14. Department of Community Development.
A. Budget Unit: Department of Community Development --_,,_....----,,----..._.--._.

..$ 8,247,142

1. Industry Budget: Personal Services ___._____._.___,,__..___.___-__,,__-__._____.$ Regular Operating Expenses .....____...,,.__....._ $ Travel ___,,._,,_______,,.____,,__,,.__._--_..____.-_,,___.______._ $ Motor Vehicle Equipment Purchases __,,.....__ $ Publications and Printing ........__......___.._,,_..,,..$ Equipment Purchases --.--.---.-._.....--_,,.--,,..$ Per Diem and Fees .-...-,,,,_----.-......-.....-__.....?

292,442 10,749 35,500
--0-- 2,500 1,500 2,000

296

JOURNAL OF THE SENATE,

Computer Charges .._.........._..._......$ Other Contractual Expense ._..._--.,,..---.-...-_.....$ Total Funds Budgeted ..............._$ State Funds Budgeted _.._._...........$ Total Positions Budgeted

--0-- --0-- 344,691 344,691
16

2. Research 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

241,945 45,085 2,000 --0-- 2,000 3,485 38,200 19,473 --0-- 352,188 295,388
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 ....................................^

Total Positions Budgeted

737,985 332,286
43,900 --0--
400 9,713 51,000 4,500 --0-- 605,000 75,230 1,860,014 1,860,014
76

4. 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 .___..___..-_...--_....-- $ Direct Payments for World
Congress Center Operations ._.............,,....._.$ Total Funds Budgeted __..._.......-.....-............_.-.$ State Funds Budgeted _._..._.-....__..._..-...-......-.$
Total Positions Budgeted

396,233 469,818
14,000 --0--
26,900 14,586 19,500 6,800 --0--
1,250,000 2,197,837 1,957,837
25

FRIDAY, FEBRUARY 4, 1977

297

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

137,755 62,053 35,709 --0--
1,050 4,100 121,300 9,245 --0-- 371,212 371,212
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 ____.___.__._._-__._____._.._.._$ Total Funds Budgeted ....._.___._....... ___._______.$ State Funds Budgeted ......... $ Total Positions Budgeted

2,790,000 2,790,000 2,790,000
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 --.._____,,----.._--..,, $

Capital Outlay ,,...__..._.....-....--_-..,,...__._.._..,,-_____. $

Local Welcome Center Contracts ....________...-.__ $

Advertising .._...._...........__........__.__.......^._._......__. $

Authority Lease Rentals .._......_...._..._.....____.__.....$

Direct Payments for World

Congress Center Operations _._....--...._.--.... $

Total Positions Budgeted

1,806,360 919,991 131,109 --0-- 32,850 33,384 232,000 40,018 --0-- 605,000 75,230 628,000
2,790,000
1,250,000 142

B. Budget Unit: Community Affairs .__..._._...._..-_..... $ 2,567,623

1. Executive Office and Administrative Support:
Personal Services __...__.__....---_...-............-._._.....$ Regular Operating Expenses ..._._.-- .,,....,,$

261,377 44,345

298

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 ................. 4 Total Positions Budgeted

12,200 --0--
3,200 8,400 12,500 --0-- --0-- 342,022 261,064
16

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

297,951 15,067 8,400
--0-- 2,343 6,800 525
-- 0-- --0--
1,170,000 899,936
2,401,022 1,359,862
16

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

277,032 18,000 16,000
--0-- 6,000 4,000
--0-- --0-- -- 0-- 321,032 104,919
16

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 .........................................I Computer Charges .................................. ^ Other Contractual Expense ....................... ...^

748,099 112,200 28,775 --0-- 19,000
1,000 33,200 34,275 --0--

FRIDAY, FEBRUARY 4, 1977

299

Total Funds Budgeted ..............-___.____............_.$ State Funds Budgeted ........._-__.___-__-.._-..........$ Total Positions Budgeted

976,549 86,778
45

5. LEA A Grants Budget:
LEA A Juvenile Justice .............___.___________.._.___ $ LEAA Action Local ........................................I LEA A Action State _______..___................_._________.$ LEAA State Buy-In ...,,___._.__,,_..-..___............___...$ LEAA Planning ____________.___,,__.___________________________$ Total Funds Budgeted ._._....$ State Funds Budgeted ........._-___-_~....__........._.j Total Positions Budgeted

432,020 7,701,300 3,798,700
755,000 653,512 13,340,532 755,000
0

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 to Area Planning and
Development Commissions --.--.--.--...........$ HUD 701 Planning Grants .........--___-__--..........$ LEAA Action Local ....................__..__.._.._..........$ LEAA Action State .__..._._,,........._._-___............$ LEAA State Buy-In ._..._.......... ............__.__...._...$ LEAA Planning ...___.___.____________.____._______.___.______$ LEAA Juvenile Justice _....___.._.__--___.........._.._. $ Total Positions Budgeted

1,584,459 189,612 65,375 --0-- 30,543 20,200 46,225 34,275 --0--
1,170,000 899,936
7,701,300 3,798,700
755,000 653,512 432,020
93

C. Budget Unit: State Building Administrative Board ........----_..----......-.. $

90,741

State Building Administrative Board 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

61,733 4,564 5,000 --0-- 12,944 3,000 3,500 --0-- --0-- 90,741 90,741
6

300

JOURNAL OP 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 ....__..._..._..........._..$ Total Positions Budgeted

61,733 4,564 5,000 --0-- 12,944 3,000 3,500 --0-- --0--
6

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 15. Office of Comptroller General. Budget Unit: Office of Comptroller General - $ 3,429,092

1. Internal Administration 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

315,803 61,000 13,000
--0-- 11,374 1,800 9,200
--0-- --0-- 412,177 412,177
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 .................................I State Funds Budgeted ........................$ Total Positions Budgeted

536,095 26,069 8,400 --0-- 18,400 --0-- 8,200 157,409 --0-- 754,573 754,573
43

FRIDAY, FEBRUARY 4, 1977
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
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 Expense ________________________$ Total Funds Budgeted .....__.__.........._.......___,,..$ State Funds Budgeted _____________________________ $ Total Positions Budgeted

301
233,094 22,000 11,442
--0-- 2,355
--0-- --0-- --0-- --0-- 268,891 268,891
15
421,179 31,147 14,000
--0-- 2,300 5,200
--0-- --0-- -- 0-- 473,826 473,826
38

5. Fire Safety and Mobile Home Regulation Budget:
Personal Services L _____________________._______.___$ 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

1,284,466 87,000 128,248
--0-- 15,711 4,200
--0-- --0-- --0-- 1,519,625 1,519,625
107

Budget Unit Object Classes:
Personal Services ___________________________________$ Regular Operating Expenses ,,---.--....----.--... $ Travel ..----_._......_...---__......._--_.,,...$ Motor Vehicle Equipment Purchases _.----._ $ Publications and Printing __..___...______._..._____.$ Equipment Purchases -.--,,.-,,..,,.,,_.....--.._,,__.._.$ Per Diem and Fees ________________________________ 4 Computer Charges ._-.,,,,.,,..............,,.__.........$

2,790,637 227,216 175,090 --0-- 50,140 11,200 17,400 157,409

302

JOURNAL OF THE SENATE,

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

--0-- 222

Section 16. Department of Defense. Budget Unit: Department of Defense _....,,.__....$ 1,644,153

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 ..__._..,,.,,...$ Total Funds Budgeted ___._.______-_____.,,-___,,-_..$ State Funds Budgeted -,,_----------,,----$ Total Positions Budgeted

571,086 99,500 5,500 --0-- 25,000 2,200
6,000 --0-- --0-- 204,880
16,000 930,166 930,166
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

496,575 68,584 11,000
--0-- 5,800
--0-- --0-- --0-- --0-- 581,959 306,304
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

64,045 95,000 3,500 --0-- --0--
1,000 --0-- --0-- --0-- 163,545 163,545
5

FRIDAY, FEBRUARY 4, 1977

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

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

303
163,487 10,121 23,000
--0-- 9,100 2,250
--0-- --0--
32,542 240,500 --0--
10
1,365,582 180,482 3,000 --0-- --0-- --0-- --0-- --0-- 6,784
1,555,848 244,138 122

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

2,660,775 453,687 46,000 --0-- 39,900
5,450
6,000 --0--
39,326 204,880
16,000 206

Section 17. State Board of Education-- Department of Education.
A. Budget Unit: Department of Education ....._..._...$ 682,725,953

1. Instructional Services Budget:
Personal Services .....--.......................... ^ Regular Operating Expenses ___........._._.____,,_.$ Travel ......................$

68,477 3,214 3,185

304

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-- 2,600
--0-- 1,800
--0-- --0--
79,276 79,276
3

2. Pre-School and Special 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 ----------___-- $ Total Funds Budgeted .................. ...^ State Funds Budgeted ..................... .......^, Total Positions Budgeted

565,686 52,927 48,279 --0-- 6,700
500 2,700 --0-- --0-- 676,792 421,120
33

3. Governor's Honors 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 ----------_------$ Total Funds Budgeted ----------------------$ State Funds Budgeted .............. 4 Total Positions Budgeted

203,188 55,086 4,000
--0-- 4,400 3,407
19,000 -- 0-- 195,809 484,890 341,528
2

4. General 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

665,964 86,451 45,782
--0-- 67,315 2,895 69,476
--0-- 33,000 970,883 553,743 37

FRIDAY, FEBRUARY 4, 1977

305

5. Vocational Education 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 ___________------___.___.$

1,825,119 256,453 172,969 --0-- 25,294 11,999 3,450 --0-- 1,190

Non-APEG Grants:

High School Program ______...._.......__.....________..__$

High School Construction _._.._.._...._........_.__. $

Vocational Education Research

and Curriculum _.__________._......___..__________...._$

Adult Education _____....__________........._______________$

Vocational Teacher Training _______._...__________$

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

13,566,684 520,000
625,716 2,298,942
598,429 28,182,590
477,693 1,600,000
2,919,452 1,940,174 55,026,154 36,243,714
108

6. 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 ______________----....._. $

Total Funds Budgeted ____________.__.____...... _________ $

State Funds Budgeted ___________..._. ______________ $

Total Positions Budgeted

364,137 36,050 19,800
--0-- 5,300
--0-- 10,600
--0-- --0-- 435,887
48,040 24

7. 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 _______________._...________..$

274,059 24,355 17,803
--0-- 3,800
--0-- 619
--0-- 320,551

306

JOURNAL OP THE SENATE,

Total Funds Budgeted ,,.,,-..... .._.....$ State Funds Budgeted .-.,,---...._...$ Total Positions Budgeted

641,187 605,687
16

8. Media 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

2,249,596 1,697,913
75,449 --0-- 206,729
40,850 93,905 --0-- 52,054 4,416,496 3,743,748
181

9. 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 ..........._.............. $

577,019 658,321
22,808 --0--
4,000 11,000 21,500 --0-- 6,000

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

2,722,885 2,092,979
160,000
849,072 236,917 7,362,501 6,418,980
51

10. Program Standards and Assessments Budget:

Personal Services ._......-__..__..........._...._._..-....._.._..$

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

Travel ...

.-..-- ...

^

Motor Vehicle Equipment Purchases _.... ..._. $

Publications and Printing _...._........___.....-.._...._.$

Equipment Purchases ._.____.....___...--__..._.--.__----$

Per Diem and Fees _...-.........-......__.-....__-..___--$

Computer Charges ._..._..__,,..,,...-.._.......,,..-.--..$

Other Contractual Expense -_......._.-....__.._...._.._-$

735,113 53,392
54,480 --0--
17,104 4,403 52,474 --0-- 350,000

FRIDAY, FEBRUARY 4, 1977

307

Total Funds Budgeted ...._._.__._-__.-_--..--..-....._.__..$ State Funds Budgeted ...._.......,,_--_--____.....__-....._..$ Total Positions Budgeted

1,266,966 922,686 53

11. State Administration Budget:

Personal Services ___._._.___.__......__.._......____________.$

Regular Operating Expenses ________.___.______________.$

Travel ...............__._.____.........___...--------___-.$

Motor Vehicle Equipment Purchases ............if

Publications and Printing _ ,,..

$

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

$

Per Diem and Fees ___.___.____.....__.._.--.....-..-_..$

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

Other Contractual Expense _.._.,,......._.____________..$

Total Funds Budgeted .._..._.__..._...__..__.__...._...-.$

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

Total Positions Budgeted

542,665 68,562 17,850
4,500 20,538 10,997 92,956 --0-- 19,207 777,275 602,281
28

12. Administrative 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 DO AS Services Funding ____._...__..._.._..$

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

Total Positions Budgeted

3,307,371 513,825 187,159 --0-- 137,088 24,648 25,887 674,426 24,750
4,896,154 220,000
2,675,199 237

13. Local Programs Budget:
Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) _...._..._.._.-__.._-.--... $
Direct Grants to School Systems for Capital Outlay Purposes ----......__......._--__._._.._..........$
Authority Lease Rentals ........__.._...._.._........_. $

26,743,474
694,293 333,204

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1)

andlO(a) (2))....................._......... .........$ 371,486,384

Salaries of Instructional

Personnel (Sec. 5) ... -

$ 44,933,802

Salaries of Student Supportive

Personnel (Sec. 20 (a)) .._.._......__...__....._...$ 15,880,089

308

JOURNAL OF THE SENATE,

Salaries of Administrative and

Supervisory Personnel

(Sec. 21) ._....,,__,,,,.,,,,..,,._.._..$ 47,027,884

Special Education Leadership

Personnel (Sec. 21 (c) (2)) .....__.__......._.$ 1,053,512

Instructional Media (Sec. 13) _........._..__.__..$ 13,409,400

Instructional Equipment (Sec. 14) __._._______$ 493,795

Maintenance and Operation (Sec. 15) ___.,,..$ 64,812,100

Sick and Personal Leave (Sec. 16) _.____.__..$ 3,352,350

Travel--Regular (Sec. 17) ..,,.__.....,,_.__._...$ 600,000

Travel--Special (Sec. 17) _._._..___..___.._-________.$

87,400

Pupil Transportation--

Regular (Sec. 25) ....... .........$ 37,352,520

Pupil Transportation--

Special (Sec. 25) ............$ 2,345,362

Isolated Schools ............ ..^ 112,840

Selective Pre-School Development ..............$ 6,682,232

Required Local Effort ................................I (78,550,000)

Non-APEG Grants:

Education of Children of Low-Income Families ---..$
Driver Education ............... ^ Teacher Retirement ............ ^ 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 ____,,-_______,,.$ Compensatory Education ______ _..._..--._...-....$

60,641,423 350,000
38,376,756
2,293,979
106,454
50,000 622,000 5,352,773 10,246,747

Guidance, Counseling and Testing _._____.____$ 180,626

Educational Television ,,.,,....,,,,$

56,186

School Library Resources and Other Materials ..... _.,,,,..,,$ 3,020,664

School Lunch ............. ...^ 87,035,521

Supplementary Education

Centers and Services ................ ^ 2,752,440

Staff Development ..............................^ 540,000

Supervision and Assessment of Students ......................... .....^

145,000

Cooperative Educational Service Agencies ........................^ 2,192,000

Superintendents' Salaries ............... ..^ 3,149,807

Research and Development Utilization .................................... ....^

207,369

Total Funds Budgeted .........,,........._..... ..,,.........$ 776,170,386

State Funds Budgeted ........ ....--......$ 629,966,486

Total Positions Budgeted

0

FRIDAY, FEBRUARY 4, 1977

14. State Schools 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
106,676 3,232 5,582
--0-- 600
--0-- --0-- --0-- --0-- 116,090 103,465
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 .......................... $

11,485,070 3,509,781
675,146 4,500
501,468 110,699 394,367 674,426 1,002,561

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1)

and 10(a) (2)) _......._....._.._............... ...... $ 371,486,384

Salaries of Instructional

Personnel (Sec. 5) ...................................... $ 44,933,802

Salaries of Student Supportive

Personnel (Sec. 20 (a)) ........................ $ 15,880,089

Salaries of Administrative and

Supervisory Personnel

(Sec. 21) ......... ___.___.-_..___.___.__.-..._..__.._...$ 47,027,884

Special Education Leadership

Personnel (Sec. 21 (c) (2)) ......... . $ 1,053,512

Instructional Media (Sec. 13) .................... $ 13,409,400

Instructional Equipment

(Sec. 14) _..._....__.._.._._.................................$ 493,795

Maintenance and Operation

(Sec. 15) ____._..._.._...._.___....___.....___.__..___.....$ 64,812,100

Sick and Personal Leave

(Sec. 16) .................................... . ....... $ 3,352,350

Travel--Regular (Sec. 17) .. . ...... .... .........$

600,000

Travel--Special (Sec. 17) ................. ......... $

87,400

Pupil Transportation-- Regular (Sec. 25) ................. .. ....... ___-_$ 37,352,520

Pupil Transportation-- Special (Sec. 25) ................ ...................... $ 2,345,362

Isolated Schools ._..................__.............._........$ 112,840

310

JOURNAL OF THE SENATE,

Selective Pre-School

Development ......................... ..^ 6,682,232

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 _..._......__... $ 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 ............. ^ High School Construction _._........ $ Vocational Teacher Training -,,.._________......$

Vocational Education Research and Curriculum ................._____ $

Adult Education ._.._....._._..... .... $ 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 _________.________.._,,__..__ _______$

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 ___...____.._._____..._$

Research and Development Utilization ___._$

60,641,423 350,000
40,553,847
2,293,979
106,454
50,000
622,000 5,352,773 10,246,747 13,566,684
520,000 598,429
625,716 2,298,942
28,182,590
477,693 1,600,000
2,919,452
180,626 56,186
3,020,664
2,722,885 2,092,979
160,000
849,072 87,035,521
2,752,440 540,000
145,000
2,192,000 3,149,807
207,369

FRIDAY, FEBRUARY 4, 1977

311

Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) .._.............$
Direct Grants to School Systems for Capital Outlay Purposes ...._......._.........$
Authority Lease Rentals ............... .................. ^ Total Positions Budgeted

26,743,474
694,293 333,204
779

B. Budget Unit: Institutions ...--.---.-..$
1. 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

9,064,963
1,396,528 297,845 3,526 --0-- 2,890 27,500 2,500 --0-- 2,000 --0--
1,732,789 1,502,104
158

2. Georgia 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 ...... ...... ----...-..$ Authority Lease Rentals .._.........____.,,......_...... $ Total Funds Budgeted ._..__....__.........__._........__.. $ State Funds Budgeted ...................................$ Total Positions Budgeted

2,673,786 564,929 4,500 --0-- --0-- 76,855 500 --0-- --0-- --0-- 23,400
3,343,970 2,925,994
284

3. 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 ................................$

941,802 226,761
3,100 --0--
1,000 26,551
2,000 -- 0--
59,025 --0--

312

JOURNAL OF THE SENATE,

Total Funds Budgeted ............... ^ State Funds Budgeted .................. ^ Total Positions Budgeted

1,260,239 1,136,461
80

4. 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

797,672 191,066
5,000 --0--
700 32,652 --0-- --0-- --0-- 1,027,090 690,374
54

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

1,448,805 529,215 17,632 --0-- 5,275 62,000 --0-- --0-- -- 0--
54,750 2,117,677
1,483,704
102

6. 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

1,196,914 386,902 13,200 --0-- 3,360 174,000 3,360
-- 0-- --0-- --0--
49,315 1,827,051 1,326,326
96

FRIDAY, FEBRUARY 4, 1977

313

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 ......

$

Capital Outlay ... .__________._. ...................... ........ $

Authority Lease Rentals ........................... ... $

Total Positions Budgeted

8,455,507 2,196,718
46,958 --0--
13,225
399,558 8,360
--0-- 61,025
--0-- 127,465
774

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 shall be the pro rata part of the cost of employer contributions to the Teachers' Retirement System applicable to such salary.

Provided, that of the above appropriation relative to Compensatory 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.

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 children
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 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 administer such tests as a criterion
for admission.

314

JOURNAL OF THE SENATE,

Provided, further, that for said selective pre-school development program, each system shall be allotted one instructional unit and any additional instructional units shall be allotted on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance; except in the case of mentally, physi cally or emotionally handicapped children, 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 development program. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost, and $6,384 for operational cost incurred in said pre-school development program to include maintenance and operation, sick and personal leave, instructional media, instructional equipment, testing, transportation, and additional instructional personnel when such ad ditions 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 committed 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 Education for payment to Houston County Happy Hour School.

FRIDAY, FEBRUARY 4, 1977
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 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 funds appropriated above for In structional Equipment, (Section 14 of the Adequate Pro gram 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 development program shall be designated for the determination and evaluation of processes for the identification of chil dren within existing programs who are deficient in de velopmental 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 program.

Provided, that of the above appropriation relating to Cooperative 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.

Provided, that the Department of Education is au thorized and directed to use up to $71,600 of funds available in nongrant, noninstitutional object classes for the purpose of funding the Professional Standards Review Commission.

Provided, however, the Department is authorized and directed to utilize $738,967 presently held back by the Georgia Building Authority (Schools) in the Revenue Funds account for grants for capital outlay purposes to the following school systems in the amounts thereby indicated:

Cook County

.......$

Glynn County .._....._....__._____._.....____.-.___......_____..._..$

Cochran City ....................._..._......._......_._................$

Calhoun County .._._._--_,,.._.__---.__.-_--,,.__----....___..$

Clarke County ........._........ .

. .........._. $

Harris County ._..._.-,,...-..,,$

315
37,559 53,905 8,531 79,660 98,394 103,596

316

JOURNAL OF THE SENATE,

Lanier County _._.,,__ ... ___. __.._._,,.._$ Muscogee County __...___.,,.__...,,._...__.....__,,..._.,,..._.....$ Americus City ,,_..,,_,,____,,_,,__..__.,,_._,,.____$ Buford City .__,,_.____.,,_______.__.____.___________.___._._,,.___$ Thomasville City ,,...,,,,.._,, ... .__,,...$

133,424 49,953 69,643 59,470 44,832

Section 18. 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 Pees .__._.__......_._..._.$ Computer Charges ___-..__-._...__.....__..,,__...__.....$ Other Contractual Expense ____,,.,,_..__.__.___..___.$ Total Funds Budgeted __,,____._-_..________._,,..___.___...$ State Funds Budgeted _.........._--....._._.$ Total Positions Budgeted

425,386 46,200 5,000 --0-- 13,000 3,500 67,000 225,000 183,597 968,683 --0--
32

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

425,386 46,200
5,000 --0--
13,000 3,500 67,000 225,000 183,597
32

Section 19. Forest Research Council. Budget Unit: Forest Research Council ..___..___.$

592,236

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 ....._.,,_...._._........._._..-_..-$

102,285 33,000
4,000 --0--
25,000 500
--0-- --0-- --0-- 510,900 675,685

FRIDAY, FEBRUARY 4, 1977

317

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 ,,._..______.....__________.$

Contractual Research .......

$

Total Positions Budgeted

Section 20. Forestry Commission. Budget Unit: Forestry Commission _.._____.___.__..$

592,236 7
102,285 33,000
4,000 --0--
25,000 500
--0-- --0-- --0-- 510,900
7
9,630,707

1. Reforestation Budget:

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

425,756 281,985
1,847 50,032
746 4,675 43,730 10,556 --0-- 819,327 265,321
30

2. 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 ._................_._......_.. $

Ware County Grant._...._._........_..._.._._.._............ $

Total Funds Budgeted ......................._......... $

State Funds Budgeted .._..__..... ......... ...... ... $

Total Positions Budgeted

9,280,442 2,062,154
64,688 501,523
14,742 98,000
8,500 23,253 45,000 60,000 12,158,302 8,880,474
808

3. General Administration and Support Budget:
Personal Services ......................._.._.......... ..._......$ Regular Operating Expenses .-..,,_.--._........._..$

367,519 74,621

318

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

10,907 14,400 12,700 3,100 3,071 58,059 --0-- 544,377 484,912
22

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 ........ .^ Total Positions Budgeted

10,073,717 2,418,760
77,442 565,955 28,188 105,775 55,301 91,868 45,000
60,000 860

Section 21. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation ................... $ 7,745,858

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

396,388 72,733 5,535 --0--
1,100 2,255 2,000 --0-- --0-- 480,011 452,949
28

2. Investigative 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 -- ..,,-_.________.._--_..$

2,946,500 472,972 272,939 214,500 22,000 57,700 6,000 7,043 --0--

FRIDAY, FEBRUARY 4, 1977

319

Evidence Purchased

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

Total Funds Budgeted ........ $

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

Total Positions Budgeted

152,406 4,152,060 3,598,103
169

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

1,227,723 428,191 14,400 8,500 4,900 116,291 1,000 130,922 --0--
1,931,927 1,579,936
78

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

1,301,922 348,477 9,735 --0-- 89,683 12,954 5,300 903,000 2,800
2,673,871 2,114,870
102

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 Purchased ..... ...._._..........._...... ... .. $

Total Positions Budgeted

5,872,533 1.322,373
302,609 223,000 117,683 189,200
14,300 1,040,965
2,800 152,406
377

Section 22. Georgia Franchise Practices Commission.
Budget Unit: Georgia Franchise Practices Commission ........_._..._.._.._._..........._.$

43,705

320

JOURNAL OP THE SENATE,

Georgia Franchise Practices 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

27,255 10,950
500 --0--
1,000 --0--
4,000 --0-- --0--
43,705 43,705
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 ..........-.....--.....--.$

Total Positions Budgeted

27,255 10,950
500 --0--
1,000 --0--
4,000 --0-- --0--
2

Section 23. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission ._..,,_..._--.,,..--$

100,000

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 ...... ........... _.^.^._ $ Fund for Construction Planning . ......_........_.$ Total Funds Budgeted ..... ......._.........._...._......_..$ State Funds Budgeted ._-........._...._......__..........$ Total Positions Budgeted

746,458 149,000
14,500 --0--
15,500 15,800 201,000 6,000 110,000 100,000 1,358,258 100,000
42

Budget Unit Object Classes:
Personal Services _..........._..._........_.. ..._......_._.,,..$ Regular Operating Expenses -..__.-.-____--,,___---.$ Travel .................._..........._._..........._._-,,.._........_.-.$

746,458 149,000 14,500

FRIDAY, FEBRUARY 4, 1977

321

Motor Vehicle Equipment Purchases _.... ...._.$ Publications and Printing ....._.........._._.............$ Equipment Purchases _._.....,,..._..._...._._._....._._._.$ Per Diem and Fees ......_......................._.__.......__.$ Computer Charges ______._______...._______--______,,....____$ Other Contractual Expense __.__..._..._______.....___.$ Fund for Construction Planning ......._......_...$ Total Positions Budgeted

--0-- 15,500 15,800
201,000 6,000
110,000 100,000
42

It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following projects for the Department of Education and the Department of Human Resources, authorized in Sec tion 44 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the construction of such projects:

Multigeographic Receiving Center

at Southwest Georgia Regional Hospital .._... $

Medical-Surgical Unit at Gracewood .

Regional Youth Development Centers

at Macon, Eastman, Columbus and Griffin ,,.

Alien Building Renovations at

Central State Hospital ...

Area Vocational-Technical School at Augusta

Area Vocational-Technical School

in Spalding County ........--.._._.-._....._..--

,,.

Ben Hill-Irwin Area Vocational

Technical School .__.._ ....___......_.._...._..._.._......

Area Vocational-Technical School

at Savannah _......_..__......_............_.........._.......__.....

2,000,000 2,750,000
2,850,000
2,925,000 3,160,000
600,000
600,000
3,000,000

It is the intent of this General Assembly that of the $7,300,000 in new General Obligation Debt authorized in Section 44 for construction and equipping of buildings and facilities at various institutions of the State Board of Regents of the University System, and approximately $672,000 is for the purpose of purchasing the U.S. Army Armory property at Augusta College.

Provided that of the above appropriation to the Georgia State Financing and Investment Commission, up to $34,000 is designated and committed to prepare plans for an instructional building for the Georgia Academy for the Blind.

Provided that of the above appropriation to the Georgia State Financing and Investment Commission, up to $36,000 is designated and committed to prepare plans for a middle school dormitory and clinic building for the Georgia School for the Deaf.

Provided that of the above appropriation to the Georgia State Financing and Investment Commission,

322

JOURNAL OF THE SENATE,

up to $30,000 is designated and committed to prepare plans for a central services building for the Atlanta Area School for the Deaf.

Section 24. Office of the Governor.
A. Budget Unit: Governor's Office ___._._____.__..,,_______.$
1. Governor's Office Budget:
Cost of Operations _._______._,,__________..______._.__.______.$ Mansion Allowance ,,____,,__,,______-__-_________-._______,,.$ Governor's Emergency Fund ,,_.-_.____,,.---_____._,,.$ Gubernatorial Transition Allowance ,,..____.__-$ Total Funds Budgeted ____.__......_._.....__.__._....__.$ State Funds Budgeted ._._.._.....___.-.._._-.....___-$

3,265,064
964,551 40,000 2,248,500 --0-- 3,253,051 3,186,450

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 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 there of or other grave emergency when available funds are not sufficient for such purposes.

2. 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

47,064 2,800 1,300 --0-- 1,800
650 --0-- --0-- --0--
25,000 78,614 78,614
3

Budget Unit Object Classes:
Cost of Operations ............................................I Mansion Allowance .__..,,--_......---__._..----_...,,--_.$ Governor's Emergency Fund .._,,.._.__.. ._______,,-__$ Gubernatorial Transition Allowance _...........$ Personal Services ...,,_.......__,,...._........_-....__._-...$

964,551 40,000 2,248,500 --0-- 47,064

FRIDAY, FEBRUARY 4, 1977

323

Regular Operating Expenses _...___.--.___._________.$ Travel ....................................if Motor Vehicle Equipment Purchases ______.____.$ Publications and Printing ................................I Equipment Purchases .-.-_---..__-_____...-._..-_______$ Per Diem and Fees .....-......_.._,,....._.$ Computer Charges .....----_..._...-,,--.........$ Other Contractual Expense ____.__.._.._______________.$ Intern Stipends ...-,,,,. .....-....$ Total Positions Budgeted

2,800 1,300 --0-- 1,800
650 --0-- --0-- --0--
25,000 3

B. Budget Unit: Office of Planning and Budget ............

......$

1. General Administration and Support 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 ._____.__--...._.._._.._..$ Payments to Regional Commissions .._........._$ Total Funds Budgeted ......................if State Funds Budgeted ........ ._._._____.__.._......._._.___.$ Total Positions Budgeted

2,835,723
320,207 28,000
7,000 --0--
2,500 1,000 87,500 1,000
500 181,200 628,907 615,907
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 ............___.___._........._.._...............__...._..$ Total Funds Budgeted _...........__.___.._.........._._._.$ State Funds Budgeted ._...__._._.._......_._..........._._.$ Total Positions Budgeted

53,933 8,000 1,500
--0-- 2,500 550 5,500
--0-- --0-- 616,871 688,854 246,983
3

3. Budget Division Budget:
Personal Services ____.............._.___.._................_.$ Regular Operating Expenses ............................I Travel ._...........__..................._____.............__..._....... $ Motor Vehicle Equipment Purchases .... .._..$ Publications and Printing ._..........._..__............. $ Equipment Purchases ......_.___..............._.___.._......$ Per Diem and Fees ....._..-.--.--..__.._-...--...._._..$

393,045 21,100 10,000 --0-- 12,000
3,693 --0--

324

JOURNAL OF THE SENATE,

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

--0-- 20,000 459,838 291,838 16

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

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

363,488 24,000 23,254 --0-- 2,500
500 2,000 --0-- --0-- 415,742 360,742
19
302,961 9,500 4,000
--0-- 1,000 500
--0-- 500
--0-- 318,461 276,095
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

566,406 32,000 40,000 --0-- 22,000 6,550
272,400
28,000 --0-- 967,356 400,177
30

7. Office of Consumer Affairs:
Personal Services ___.___._______..._._______._______..._______.__$ Regular Operating Expenses ___....-.._.,,..-..,,----$ Travel .................... .^

648,226 183,556 16,805

FRIDAY, FEBRUARY 4, 1977

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. 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

9. Georgia Post-Secondary Education Commission 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

325
--0-- 18,899 945 9,151 23,015
--0-- 900,597 85,650 464,692
50
152,895 24,000 12,000 --0-- 10,000 --0-- 10,000 --0-- --0-- 208,895 135,596
12
76,393 11,500 2,500 --0-- --0-- 1,500 2,000 --0-- --0-- 93,893 43,693
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 .__.___...... $ Total Positions Budgeted

2,877,554 341,656 117,059 --0-- 71,399 15,238 388,551 52,515 20,500 616,871 181,200 167

326

JOURNAL OF THE SENATE,

Section 25. Grants to Counties and Municipalities.

Budget Unit: Grants to Counties and

Municipalities

........... __...-.__..$

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 ...........................................4 Grants to Municipalities ___....._....__..____...._....$

6,800,000
2,600,000 2,600,000 2,600,000
4,200,000 4,200,000 4,200,000
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 26. Department of Human Resources. A. Budget Unit: Departmental Operations _._._....__.$ 127,839,132

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 __...__..._._._.__...._....$

Total Funds Budgeted ................_......._........ .... $

Indirect DO AS Services Funding . ................_.$

Agency Funds ......_..._..,,.__..............................-.$

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

Total Positions Budgeted

8,435,256 1,388,933
253,864 --0--
45,625 30,338
58,000 1,479,714
395,531 12,087,261 1,407,194 5,360,560 5,319,507
643

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 ............................^

354,747 54,130
10,000 --0--
3,500 --0--
11,000
10,000 21,515

FRIDAY, FEBRUARY 4, 1977

327

Total Funds Budgeted ......___________..._______.________....$ Indirect DOAS Services Funding _______._._._______.$ Agency Funds ._.._.._.__________.___._...____________.._..._._...$ State Funds Budgeted ________________________________ _.^__$ Total Positions Budgeted

464,892 5,766
246,619 212,507
21

3. Physical Health--Program Direction and Support 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 ______._______________...._._.___._.$

Indirect DOAS Services Funding ____________ ______$

Agency Funds .._._......_......_._.$

State Funds Budgeted ...._._.________...._____...____________$

Total Positions Budgeted

1,328,858 220,377 45,076 --0-- 25,298 19,299 8,900 --0-- 36,000
1,683,808 90,500 156,800
1,436,508 98

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 __...___.._____________......_______$
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 ..__.....___________________.___.__$
Total Positions Budgeted

2,864,378 926,700 94,655 --0-- 46,500 10,467 389,373 110,000
4,077,446
150,000 3,034,626
474,100 646,850
100,000 175,000
25,000 748,305 13,873,400 130,360 7,876,573 5,836,467
216

328

JOURNAL OF THE SENATE,

5. Physical Health--Community Health 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 . ....... .......... ......$

Facilities Construction Grants ..... .... - ......... $

Total Funds Budgeted ............................... ....$

Indirect DOAS Services Funding ......_._.. .____.$

Agency Funds . .

.

......$

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

Total Positions Budgeted

5,243,241 1,060,940
227,950 --0--
49,500
41,325 78,546 18,540 274,000 3,500,000 10,494,042 17,650 5,504,842 4,971,550
374

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 ....... ._._...._......._.$

Family Planning Benefits ....................... .... $

Benefits for Medically Indigent

High Risk Pregnant Women

and Their Infants ,,..._...._..__._..._................$

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

6,724,383 667,741 485,155 --0-- 4,000 41,965 495,958 --0-- 917,796 171,575
2,961,000
106,646
102,464 10,157,115 22,835,798
53,200 6,133,117 16,649,481
508

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 ..............---.-------.?

1,030,806 82,800 90,000
--0-- 8,000
--0-- 10,000

FRIDAY, FEBRUARY 4, 1977

329

Computer Charges ----..-__--...-__-..._...__....-.._.....$ Other Contractual Expense ____........__.._.......__..$ Total Funds Budgeted _....._.._..._..___.._.:._._......___.$ Indirect DOAS Services Funding .....__.___.._..i.$ Agency Funds ...._____--.__.....___.._..._........._.__._....._.$ State Funds Budgeted _...._...__.._.._._...,,..__._.......$ Total Positions Budgeted

400,220 414,500 2,036,326 122,370 472,130 1,441,826
57

8. Drug and Alcohol 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

1,691,240 255,087 45,000 --0-- 6,000 200 106,670 85,250
2,440,403 4,629,850
105,250 3,541,610
982,990 132

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 ......_._...._..... $ Community Residential
Services Program __________,,_______,,_______________.____ $ 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 ......_.................._.__.....__.....$
Total Positions Budgeted

326,562 8,582 19,300
--0-- 420
13,800 100
--0-- 156,765 1,125,000
52,065
25,897,960
2,419,526
515,374 1,044,405 3,971,843
65,000
1,706,846 37,323,548 16,701,863 20,621,685
67

330

JOURNAL OF THE SENATE,

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

2,547,706 336,068 173,700 --0-- 10,000 6,000 12,000 --0-- 127,000
3,212,474 55,865
2,033,617 1,122,992
183

11. Title XX 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 ........ ................... ......$ Agency Funds ......... ....... .......... .............. . $ Indirect DOAS Services Funding ... ....... $ State Funds Budgeted ........................ . . .. $ Total Positions Budgeted

1,409,113 255,907 117,300 --0-- 42,000 17,750 30,500 495,000
22,354,520 24,722,090 22,990,384
490,693 1,241,013
127

12. 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 ..... ................... ........ .$ Total Funds Budgeted .......................... .......$ Agency Funds __........... ............. ............ ......$ State Funds Budgeted _............. .................. ..... $
Total Positions Budgeted

--0-- 705,655 --0-- --0-- --0-- --0-- --0-- --0-- --0-- 1,100,000
130,000 6,768,942 8,704,597 4,931,000 3,773,597
0

FRIDAY, FEBRUARY 4, 1977

331

13. 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 ____.--______-._____.____..$

Benefits for Child Care ______ .

_.. $

Total Funds Budgeted _.-__.___ $

Indirect DO AS Services Funding ....._............ $

Agency Funds _____,,_______.___$

State Funds Budgeted ___....______-.____...-_-.._____-_.$

Total Positions Budgeted

3,534,923 492,000 236,000 --0-- 2,500 10,000 --0-- --0-- --0-- 10,000
4,285,423 82,640
1,906,440 2,296,343
342

14. 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 ._...._..._......_____......___......__.......$ Total Funds Budgeted .._...__....._...-.._.._......._......$ Indirect DOAS Services Funding ....___._.______,,.$ Agency Funds ..__._.___-._.__........_....,,.____......_......__$ State Funds Budgeted ___..._,,_____....______._,,.._._____$ Total Positions Budgeted

370,974 52,300 15,000 --0-- 3,000 --0-- 2,000 --0--
4,000 1,457,178 2,980,927 4,885,379
11,240 4,427,849
446,290 24

15. 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 DOAS Services Funding ......__.__...._.... $
Agency Funds _..________...________..______...__.__.._______...._.$
State Funds Budgeted ......._..._..._....._..._........$
Total Positions Budgeted

585,562 68,000 25,000
--0-- 7,000
--0-- 15,000
210,000
40,995
185,000
1,136,557
150,000
795,995
190,562
35

332

JOURNAL OF THE SENATE,

16. 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 DOAS Services Funding ________ __$

Agency Funds .......----......_....... ............... ___$

State Funds Budgeted _ ________ _______________ _____ $

Total Positions Budgeted

8,286,849 4,187,000
102,000 33,000 9,000 109,000 141,000 --0-- 449,000 20,000 13,336,849 82,650 11,916,100 1,338,099
702

17. 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

9,294,748 14,710,750
400,000 --0--
4,000 25,000 90,000 --0-- --0-- 24,524,498 234,450 19,177,129 5,112,919
737

18. Vocational Rehabilitation-- Disability Adjudication Budget:
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
19. Public Assistance Budget:
Personal Services ...-_....,,..--.--..--.--.-.-- --.$

3,508,176 3,593,000
80,000 --0--
1,000 50,000 125,000 --0-- --0-- 7,357,176 7,357,176 --0--
279
--0--

FRIDAY, FEBRUARY 4, 1977

333

Regular Operating Expenses .. _ . . $ --0--

Travel .-..____.._.___...___...______.________________________..______._.$ --0--

Motor Vehicle Equipment Purchases ........ ... $ --0--

Publications and Printing .............._._...._...........$ --0--

Equipment Purchases ..... .___..______._____._.___...___.$ --0--

Per Diem and Fees ...................................._......$ --0--

Computer Charges ....-................._..........._... $ --0--

Other Contractual Expense .... ...... ..... ...... $ --0--

SSI-Supplement Benefits ..... . ...... ..... ...... ... $

950,000

AFDC Benefits _....____..__._--_____....__......_....______.$ 119,636,782

Total Funds Budgeted ___....__......._._....___......_.$ 120,586,782

Agency Funds ........ ............_....................... ..._.$ 88,352,723

State Funds Budgeted ................... ..... ...... $ 32,234,059

Total Positions Budgeted

0

20. 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 ............................. ^

Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
28,720,922
24,162,583 52,883,505 32,354,720 20,528,785
0

21. 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 ... .... ......$

Indirect DOAS Services Funding ..................$

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

Total Positions Budgeted

2,667,561 772,944 184,280 --0-- --0-- 13,970 9,000 500,000 794,150
4,941,905 2,539,953
350,000 2,051,952
196

334

JOURNAL OF THE SENATE,

Budget Unit Object Classes:

Personal Services .._-_-.-_--..._._._.-._..___._..___...__$ 60,205,083 Regular Operating Expenses _...__...._..._--_........ $ 29,838,914

Travel ... .--.-..

$ 2,604,280

Motor Vehicle Equipment Purchases ._.__.___._.$

33,000

Publications and Printing ...... $ Equipment Purchases _...._..._.._...__-...-........._._...$ Per Diem and Fees ..--...--..___.....__._-..--_...__..._.$ Computer Charges ....._..._......_...._..._...._._....._.._..$ Other Contractual Expense -_..___.____.._...___...__..$

267,343 389,114 1,583,047 3,308,724 32,503,621

Capital Outlay _-_..__..__...______.__._.___._.__.___..._.__..__..$

20,000

Grants for Regional Prenatal and Postnatal Care Programs ____.._...._ $

150,000

Crippled Children Benefits ..__....__.-___..-___.-__..$ Kidney Disease Benefits ........ $ Cancer Control Benefits .____...___._____._____..____._._.$ Benefits for Medically Indigent
High Risk Pregnant Women and Their Infants ..,,..,,...._......_......__.._...._._....__..$ Family Planning Benefits ................................I Benefits for Midwifery Program ........ ..... ..... $ Facilities Construction Grants _..._..._......._....$ Grants for DeKalb County Mental Retardation Project ...... .................$

3,034,626 474,100 646,850
2,986,000 919,880 175,000
3,500,000
106,646

Grants for Chatham County Mental Retardation Project ............_........._.$
Grant-In-Aid to Counties ................................I Benefits for Family Living Care ....._...._.........$

102,464 10,157,115 1,125,000

Community Residential Services Program .-._.-.._-.-_.........._....-...........$

52,065

Contracts with Day Care Centers for the Mentally Retarded .............._.......... $
Grants for Alcoholism Community Treatment Programs ..__.__..___._____-__..____..___.._.$
Grants for Child Mental Health ...................$

25,897,960
2,419,526 1,044,405

Grants for Adult Mental Health ................... $ 3,971,843

Foster Grandparent Program _...................... $

65,000

Group Homes for the Mentally Retarded ._...._...-.__...__..._....._..._...__.$
Work Incentive Benefits ..-......,,._...__...........-.$

1,706,846 1,100,000

Grants to Fulton County for 24hour Emergency Social Services _...........-- $

130,000

Benefits for Child Care ,_...._..._-....-..._..........._..$ Areawide and Community Grants ._...._.._....... $ Nutrition Grants .__.__.____._._______._..__.__._.___.-__.__..$

6,778,942 1,457,178 2,980,927

Grants for Nephrology Centers ..____..,,..___....$ 185,000

SSI-Supplement Benefits .._........._...._-..._......... $ 950,000

AFDC Benefits _...._........_..._........._...._....._-..........$ 119,636,782

Local Services Benefits Payments Grants ........._...................._......_.... $ 28,720,922

Grants for Drug Abuse Community Treatment Programs ...._...-...$

515,374

Grants to Counties for Social Services ............_....-._....---.-.--.-.--$ 24,162,583

FRIDAY, FEBRUARY 4, 1977
Contract for the Purchase of Clotting Factor for the Hemophilia Program ..............._................__.$
Total Positions Budgeted
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, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and 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 Community Cardio vascular Council Stroke-Screening Program.
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, $45,000 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 no State funds shall be used for ad vertising 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.
Provided, that of the above appropriation to the Physical Health-Community Health Activity at least $147,000 is designated and committed for the Phenylketonuria (P.K.U.) Disease Prevention Testing.
Provided further the Department is hereby au thorized and directed to use at least $375,000 of the State funds appropriated for Contracts with Day Care Centers for the Mentally Retarded for the purpose of purchasing mini-buses.

335
100,000 4,741

336

JOURNAL OP THE SENATE,

Provided further that the Department of Human Resources is hereby authorized and directed to establish uniform criteria for determination of type, need for and replacement of mini-buses. The Department is further authorized and directed to arrange for the purchase of mini-buses through the Department of Administrative Services.

Provided further that in the event the AFDC bene fits appropriation for Fiscal 1977 should be insufficient to support the maximum payment schedule listed above, the Department of Human Resources is directed to reduce monthly benefit payments in sufficient amounts to insure the adequacy of the AFDC benefits appropria tion to make such payments for the entire fiscal year.

Provided, further, that the Department of Human Resources shall not increase beyond the February, 1976 level the percentage of need used in making the monthly benefit calculations, nor otherwise change the factors used in calculating monthly benefit payments so as to cause any increases thereof, other than mandatory changes resulting from Federal or Judicial mandate.

Provided, that of the above appropriation relative to Capital Outlay, $20,000 is designated and committed to plan a sheltered workshop to serve the GwinnettRockdale counties area.

B. Budget Unit: Medicaid Services ................. .... $ 115,599,976

Medicaid Services Budget:

Personal Services ..... .____..___________.._______.______$ 2,082,154

Regular Operating Expenses .........._......._.....$ 922,305

Travel ._..,,____...___.,,,,__...__._...._._._._..__...._......._.._....$

21,000

Motor Vehicle Equipment Purchases ............$ --0--

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

35,000

Equipment Purchases __..___._._____._.__._.._____..._____--$

85,385

Per Diem and Fees ___.______..._______..___...___._...___.__..$

42,000

Computer Charges _____.___...__.___._____.-___._...____.__.$ 4,763,785

Other Contractual Expense ......................... $ 1,035,440

Medicaid Benefits _......................................._...$ 295,987,897

Medicaid Benefits--Payables .... ...... ...... _.$ 42,463,127

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 _________ ...... .......$ 1,375,000

FRIDAY, FEBRUARY 4, 1977

337

Total Funds Budgeted .................................._......$ 350,980,093

Indirect DOAS Services Funding ...._............ $ 1,178,612

Agency Funds ___.___.___________________________________________.$ 234,201,505

State Funds Budgeted _______.___._____._.____.____________.$ 115,599,976

Total Positions Budgeted

223

Budget Unit Object Classes:

Personal Services _______.___._______________.___._____._____._.$ 2,082,154

Regular Operating Expenses ____.__._'______.___.___.__$

922,305

Travel -....._.._____________________.___.___________________.__________$

21,000

Motor Vehicle Equipment Purchases ......... _.. $ --0--

Publications and Printing _______________________._______.$

35,000

Equipment Purchases ......................................if

85,385

Per Diem and Fees .__._._.__.______________._.__.._______.____$

42,000

Computer Charges ............ _.________________________...____$ 4,763,785

Other Contractual Expense ___.___.____________.__.____$ 1,035,440

Medicaid Benefits . .__..__....._.__.___________________.____.$ 295,987,897

Medicaid Benefits--Payables .... ................... $ 42,463,127

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 _____________________________ $ 1,375,000

Total Positions Budgeted

223

C. Budget Unit: Mental Health and Youth Development Institutions ___.___.__..____$ 130,247,837

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

5,065,544 918,112 11,500 4,400 1,200 4,400 73,000 70,000 107,660 387,000
6,642,816 70,000
6,100,635 497

338

JOURNAL OF THE SENATE,

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 ._.....__..._........_._.$

Capital Outlay . ..

$

Authority Lease Rentals _.__._______...._.__.._.__.._.__.$

Total Funds Budgeted ........................................$

Indirect DOAS Services Funding _________.____...$

State Funds Budgeted ..

.. $

Total Positions Budgeted

6,176,674 1,200,713
6,600 --0--
3,950 --0--
95,000 82,000 15,824 99,475 513,000 8,193,236 82,000 7,502,799
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

4,945,026 737,018 11,200 --0-- --0-- 7,150 68,000 69,000 12,000 500,000
6,349,394 69,000
5,799,512 524

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 ___.___._____._____.___________._.$

Total Funds Budgeted .._......_..._......._..._...__...... $

Indirect DOAS Services Funding . .. ...... .... $

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

Total Positions Budgeted

4,774,080 817,728 7,100 --0-- 1,075 8,500 42,000 65,000 --0-- 646,500
6,361,983 65,000
6,118,483 502

FRIDAY, FEBRUARY 4, 1977

339

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 __...._.._______,,______-________$

Total Funds Budgeted .__________________._______________.__$

Indirect DOAS Services Funding ____._..__.._.._.__.$

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

Total Positions Budgeted

6,460,088 1,298,164
14,550 10,000
1,700 19,250 32,550 75,000 --0-- 13,350 853,500 8,778,152 75,000 7,961,929
636

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

$

Indirect DOAS Services Funding ..________._.__..._.$

State Funds Budgeted ___________________________._________.$

Total Positions Budgeted

15,407,585 2,861,351
17,500 11,500
800 33,850 41,000 71,000 132,123 1,295,355 117,000 19,989,064 171,000 10,223,643
1,618

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 ___________________________ $ Capital Outlay ......_..................._..._.._.._._.........._. $ Total Funds Budgeted ______________________________ $ Indirect DOAS Services Funding ___.______$ State Funds Budgeted ..................................$ Total Positions Budgeted

8,061,976 1,440,683
17,400 13,855
1,365 35,700 43,135 70,000 20,400 73,000 9,777,514 70,000 8,805,430
819

340

JOURNAL OF THE SENATE,

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 _...._..._...._._...__....................... .. $

Authority Lease Rentals ................. ...............$

Total Funds Budgeted ......................................$

Indirect DOAS Services Funding ....................$

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

Total Positions Budgeted

10,223,046 2,711,090
17,500 --0--
2,500 18,900 41,000 102,100 34,000 11,200 794,000 13,955,336 102,100 9,235,497
1,031

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

7,545,907 1,522,811
22,200 --0--
1,500 4,000 54,000 60,810 410,112 450,000 10,071,340 160,810 9,449,530
679

10. Central State Hospital 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 ....... .........._......_...._....$

Outpatient and Aftercare Drug Purchases ......_......._..__._._._.....................$

Total Funds Budgeted _._.._..._......._..................$

Indirect DOAS Services Funding . ................_.$

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

Total Positions Budgeted

44,492,035 8,917,949
25,250 39,000
738 68,600 55,500 360,000 78,428 2,083,751 1,284,000
750,000 58,155,251
660,000 47,385,207
4,863

FRIDAY, FEBRUARY 4, 1977

341

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

6,200,330 1,408,060
7,700 12,700
500 14,435 33,900 8,000 8,400 -- 0-- 7,694,025 7,563,637
619

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

Grants to County-Owned Detention

Centers .................................... .. ....... .$

Total Funds Budgeted ..... .. ...... . ... ...$

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

..$

Total Positions Budgeted

2,355,659 649,357 7,575 --0-- 800 9,600 63,380 --0-- --0-- 134,702
60,000
346,500 3,627,573 3,601,535
295

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

Budget Unit Object Classes:

Personal Services ........ ... . ... . $ 121,707,950

Regular Operating Expenses

..

$ 24,483,036

Travel ..... ... . ....................

.. . $

166,075

Motor Vehicle Equipment Purchases

$

91,455

Publications and Printing . .

.

$

16,128

Equipment Purchases .

...

...... $

224,385

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

. $ 642,465

Computer Charges

....... ........ $ 1,032,910

342

JOURNAL OF THE SENATE,

Other Contractual Expense _______..____________.___$ Capital Outlay ---_--_.$ Regular Operating Expenses Reserve ________ $ Grants to County-Owned
Detention Centers ___________ ....._..,,..._..._......._..$ Authority Lease Rentals _____ .__________________________$ Outpatient and Aftercare Drug Purchases ....$ Reserve for Operation of Clayton RYDC $ Total Positions Budgeted

818,947 3,710,833
500,000
346,500 5,545,000
750,000 60,000 12,695

Provided, that from the above appropriation relating to Capital Outlay: $53,000 is designated and committed for renovations of the sewage lift station, to meet En vironmental Protection Agency requirements, at South western State Hospital.

Provided, that the Department is hereby authorized and directed to redirect $580,000 from funds available to the Georgia Building Authority for renovations, to meet Fire Marshal standards, at Northwest Georgia Regional Hospital ($300,000) and Gracewood State School and Hospital ($280,000).

Provided, however, the Department is authorized to utilize from surplus funds appropriated for Personal Services at Georgia Regional Hospital at Savannah, an amount, not to exceed $200,000, for the purpose of fund ing an experimental pilot program for a community detoxification center, half-way house and educational program for alcoholics and drug abusers in Chatham County, Georgia, such pilot program to be administered by and under the direct supervision of the Commissioner of Human Resources.

Provided, that from the above appropriation relat ing to Capital Outlay, $134,702 is designated and com mitted to supplement existing funding for construction and equipping of Regional Youth Development Centers, and $128,051 is designated and committed to supplement existing funding for renovations of the Alien Building at Central State Hospital.

Provided, that from the above appropriation relating to Capital Outlay, $20,000 is designated and committed for the planning of a new Southwestern Regional Hos pital at Thomasville, Georgia.

Provided, that the Department is hereby authorized and directed to redirect up to $723,545 from funds avail able to the Georgia Building Authority for renovations and construction at institutions of the Department of Human Resources.

FRIDAY, FEBRUARY 4, 1977

343

Section 27. Department of Labor.

A. Budget Unit: Inspection Division .............._..... $

480,118

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

392,618 25,000 60,000 --0--
1,500 500
--0--. --0--
500 480,118 480,118
28

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

392,618 25,000 60,000 --0--
1,500 500
--0-- --0--
500 28

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund .. ... .. $

3,243,164

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

Capital Outlay .................... .......... ... .......... $

Other Contractual Expense .

... .. $

Total Funds Budgeted .. ..

... .. . $

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

$

Total Positions Budgeted

16,001,484 3,932,905
475,000 --0--
15,000 38,000 45,000 --0-- 100,000 685,000 21,292,389 455,278
1,140

344

JOURNAL OP THE SENATE,

2. Comprehensive Employment and Training Act (GETA) Budget:

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

4,149,565 2,176,584
300,000 --0--
15,000 30,000 35,000 --0-- 2,000,000 33,000,000 41,706,149 --0--
356

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

748,251 32,500 20,550 --0-- --0-- --0--
3,000 --0--
20,000 824,301 824,301
53

4. Unemployment Compensation Reserve Fund Budget:
Unemployment Compensation Reserve Fund _______________ _______________ ___$
Total Funds Budgeted ________________________ ______$ State Funds Budgeted ...... ........ ................. $

1,250,000 1,250,000 1,250,000

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

3,081,168 432,474 100,000 --0-- 1,000 10,300
2,000
--0--
2,510,908
998,000
7,135,850
713,585
232

FRIDAY, FEBRUARY 4, 1977

345

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

Capital Outlay ...... ......... ...

$

Unemployment Compensation

Reserve Fund ...... ........ - ............... ... . $

CETA Direct Benefits ........ ...................$

Total Positions Budgeted

23,980,468 6,574,463 895,550 --0-- 31,000 78,300 85,000 --0-- 2,000,000 3,215,908 998,000 100,000
1,250,000 33,000,000
1,781

Section 28. Department of Law. Budget Unit: Department of Law .... ............ .^

2,288,649

Attorney General's Office Budget:

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

Regular Operating Expenses ............. . . . ..$

Travel ......... ............. ...................... $

Motor Vehicle Equipment Purchases .... $

Publications and Printing

. .......$

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

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

... $

Computer Charges

............. -

$

Books for State Library ..

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

Other Contractual Expense ........ ... . . $

Total Funds Budgeted ....

... . .... .. $

State Funds Budgeted .... . ..

. .. $

Total Positions Budgeted

2,021,149 196,723 64,100 --0-- 37,827 6,800 15,000 250 32,000 --0--
2,373,849 2,288,649
98

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 ......

.. $

Total Positions Budgeted

2,021,149 196,723 64,100 --0-- 37,827 6,800 15,000 250 --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,

346

JOURNAL OF THE SENATE,

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, un less payment is for reimbursement to the Department of Law as provided by law.

Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments .......... ..._...._................ $

2,482,329

1. Applicant 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--_,,. ......... ..................$

Agency Assessments ... ........ .......... ......... $

Total Positions Budgeted

439,342 44,050 2,975 --0-- 26,075 --0-- 25,000 136,000 --0-- 673,442 673,442
35

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

323,815 9,500 8,000
--0-- 19,000 450
--0-- 65,000
--0-- 425,765 425,765
21

3. Employee Services Budget:
Personal Services .................................... .....$ Regular Operating Expenses ...... .......... ....... $ Travel .. ...._........_.___........._....._..._........._....... .. $ Motor Vehicle Equipment Purchases ..... . . . $ Publications and Printing ..... ........................^ Equipment Purchases .._......,....,,----... ...._.__.. $

229,121 10,415
2,300 --0--
4,000 --0--

FRIDAY, FEBRUARY 4, 1977

347

Per Diem and Fees ............_._._.. __________ .. $ Computer Charges ______________________ .... $ Other Contractual Expense ........ . ______$ Total Funds Budgeted ____________ __ $ Agency Assessments .......... .. .......... ..... $ Total Positions Budgeted

--0-- 46,000
--0-- 291,836 290,013
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

235,438 18,053 7,500
--0-- 5,505 1,200
69,901 250
--0-- 337,847 242,655
16

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 --------- - ..... ... ..-- ......$

Other Contractual Expense _________ _ .......... $

Health Insurance Claim Payments ___ ... $

Total Funds Budgeted ____________ .

...... $

Employee and Employer

Contributions _____________

. __ . .. $

Total Positions Budgeted

205,445 19,286 1,575
--0-- 3,300 910
26,000 17,156 910,000 25,700,000 26,883,672
21,,000,000 17

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 ____._________________$

228,806 11,600 2,190
--0-- 5,300
--0-- 1,900
438,729 --0--
252,755 941,280

348

JOURNAL OP THE SENATE,

Agency Assessments __-----_______._ .__________________$ Total Positions Budgeted

643,903 19

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

222,876 12,100 9,000
--0-- 1,600 500
13,500 --0-- --0-- 259,576 206,551
15

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 ........ ...._.... ......$ Health Insurance Claim Payments ...... . . $ Total Positions Budgeted

1,884,843 125,004 33,540 --0-- 64,780 3,060 136,301 703,135 910,000
252,755 25,700,000
142

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.

Provided, however, the Department is authorized and directed to utilize up to $100,000 of agency assess ments for the reorganization of the Merit System, in cluding payments to consultants.

Section 30. Department of Natural Resources.
Budget Unit: Department of Natural Resources _._..._____________.__.______ .__________$

28,182,811

FRIDAY, FEBRUARY 4, 1977

349

1. 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

.-...$

Total Funds Budgeted ........ . ..... ................... $

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

Total Positions Budgeted

1,170,325 304,500 20,700 --0--
125,000 8,000
33,300 131,000
1,500 1,794,325 1,792,325
83

2. 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

449,779 137,553
13,500 16,200 292,232 23,000 ' 6,000
600 --0-- 938,864 818,361
35

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 .

...

... $

Capital Outlay--Heritage Trust ............$

Total Funds Budgeted ..... ......._.._._...... .......... $

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

Total Positions Budgeted

1,028,576 122,923 50,300 7,100 52,000 625 85,179 41,000 62,710
3,700,000 100,000 328,734
5,579,147 1,101,766
59

4. Game and Fish Budget:
Personal Services ............_........_._._............._.. $ Regular Operating Expenses ..................... ^ Travel . .. ......_..............._._.._........_......_... ......... $ Motor Vehicle Equipment Purchases .... $ Publications and Printing . ...... .. . ........ $ Equipment Purchases ......... .............................^

6,159,113 2,087,159
98,400 357,920 31,550 452,250

350

JOURNAL OF THE SENATE,

Per Diem and Fees .............................................I Computer Charges __..._______..._._________._._______._...___.$ Other Contractual Expense ..................... ......$ Maintenance for the South End
of Sapelo Island ............................ ......... ..._.$ Capital Outlay--Hatchery
Renovation .........__......__._............._......_.._..........$ Capital Outlay--Repairs
and Maintenance ......_........................._...._....$ Total Funds Budgeted __...._.___._....._..__....____._...$ State Funds Budgeted ..........._........................$ Total Positions Budgeted

13,300 24,325 48,020
75,000
94,000
9,800 9,450,837 7,466,255
458

5. 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 .........................i

Capital Outlay .

.

..................I

Capital Outlay--Repairs

and Maintenance ..........................................^

Capital Outlay--Shop Stock ......_____.._.._.___.._..__.$

Cost of Material for Resale ................._...._....$

Authority Lease Rentals ......... .....................I

Total Funds Budgeted ..

..

.$

State Funds Budgeted ......_...................-.........$

Total Positions Budgeted

4,083,666 2,280,700
72,500 97,464 46,250 176,000 30,550 3,000
5,000 303,708
976,000 150,000 525,000 2,526,000 11,275,838 8,420,166
337

6. Geologic and Water Resources Research 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 .............................$ Contract with U.S. Geological
Survey for Ground Water Resources Survey ......_......_............ .................$ Topographic Mapping United States Geological Survey ............................I Total Funds Budgeted .............._-......._.._............$ State Funds Budgeted ......................................I Total Positions Budgeted

523,792 79,430 32,000
4,200 26,000
2,400 7,500 --0-- 30,000
125,000
545,000 1,375,322 1,075,322
33

FRIDAY, FEBRUARY 4, 1977

351

7. Environmental Protection 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 ........ _....... ... $

Solid Waste Grants ........... ................_... ..$

Water and Sewer Grants ..... .................. . $

Total Funds Budgeted ................._... ......... $

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

Total Positions Budgeted

4,474,677 304,650 190,250 5,700 42,000 36,150 7,000 140,300 355,216
2,000,000 1,073,000 8,628,943 6,848,443
270

8. 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

519,888
62,500 582,388 582,388
0

9. Jekyll Island Authority Budget:
Payments to Jekyll Island Authority for Operations ...... . ...... .... $
Total Funds Budgeted . ......... .............._........_..$ State Funds Budgeted ......_._... .................. ....$ Total Positions Budgeted

77,785 77,785 77,785
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 ._.._... ....$

17,889,928 5,316,915
477,650 488,584 615,032 698,425 182,829 340,225 502,446 3,700,000 100,000 --0-- 1,073,000 2,000,000
125,000

352

JOURNAL OF THE SENATE,

Contract with U. S. Geological

Survey for Topographic Maps ..... ..... __._.$

Payments to Lake Lanier Islands

Development Authority for Operations .__$

Capital Outlay--Hatchery Renovation _._.......$

Capital Outlay

.

......$

Capital Outlay--Repairs

and Maintenance

.

_.$

Capital Outlay--Shop Stock .___..____..____....___..__.$

Capital Outlay--Heritage Trust . .._....-.. ..... $

Authority Lease Rentals

-

$

Payments to Lake Lanier Islands

Development Authority for

Capital Outlay . .

. .... .$

Cost of Material for Resale .._..._.._......_........... .$

Maintenance for the South End

of Sapelo Island ._......_.._............ ........... ......$

Payments to Jekyll Island

Authority for Operations ..... ....................$

Total Positions Budgeted

545,000
519,888 94,000 303,708
985,800 150,000 328,734 2,526,000
62,500 525,000
75,000
77,785 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 ap propriation 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 of ficial approval thereof by the Board of Natural Re sources.

Provided, that of the above appropriation to the State 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 Capital Outlay, $62,500 is designated and committed for matching Federal funds to provide $125,000 for a pavil ion at the Sloppy Floyd Recreation Center.

Section 31. Department of Offender Rehabilitation.

A. Budget Unit: Department of Corrections ._. ...$

General Administration and Support Budget:

Personal Services ..__.._.._.......__.__..__..._.._...._......_.$

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

Travel

.. . .

$

3,114,663
2,277,099 466,179 74,000

FRIDAY, FEBRUARY 4, 1977

353

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

Publications and Printing ____.__________._____.,,______$

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

Per Diem and Fees

... __.--_.---$

Computer Charges ..........................4

Other Contractual Expense ._.____............_,,.___$

Mentally Retarded Offender Program __--_..Sj>

Total Funds Budgeted ..................^

State Funds Budgeted .................... ^

Total Positions Budgeted

29,000 24,700
3,350 20,000 159,335 60,000
1,000 3,114,663 3,114,663
171

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

Mentally Retarded Offender Program ........$

Capital Outlay .............. .^

Total Positions Budgeted

2,277,099 466,179 74,000 29,000 24,700 3,350 20,000 159,335 60,000 1,000 --0-- 171

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 __....-_-$
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

36,652,017
738,735 167,728
2,000 --0--
125 12,750 22,000 --0-- --0-- 943,338 943,338
64

2. Georgia Industrial Institute Budget:
Personal Services __________,,__________,,____.__ Regular Operating Expenses _.._......,, Travel ............___..........__.._..........._.,,-....... Motor Vehicle Equipment Purchases

2,454,798 732,708 6,222 --0--

354

JOURNAL OF THE SENATE,

Publications and Printing .___._.,,...___.........._......$ Equipment Purchases ----_....-.-.--.--,,.-...--__.-...$ Per Diem and Fees _-...._.......___.......__.....,,......_.$ Computer Charges __--__--------_----.--------.--!f Other Contractual Expense .__......___.....____....__.$ Capital Outlay ._..__,,_.._,, __,,,,__.,,_,,,,.$ Total Funds Budgeted ._......__.__..._........-_...._.$ State Funds Budgeted -...__._-...__._...._.___._...___.$ Total Positions Budgeted

700 30,940
6,420 --0-- --0-- --0-- 3,231,788 3,231,788
213

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

2,842,059 680,709 4,500 --0-- 1,000 36,530 45,941 --0-- --0-- --0-- --0--
3,610,739 3,610,739
269

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

4,954,939 1,586,908
9,389 --0--
1,000 18,036 20,800 --0-- --0-- 37,000 6,628,072 6,607,714
474

5. Consolidated Branches 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 --.,,----,,--_------$

3,468,713 952,478 16,573 --0-- 2,400 35,093 77,840 --0-- --0--

FRIDAY, FEBRUARY 4, 1977
Total Funds Budgeted ._-.....__-.....__-....._____...$ State Funds Budgeted _._._______.__,,.._..__..______.____..$ Total Positions Budgeted

355
4,553,097 4,155,754
323

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 -_'..___--_--..._--......__-_-.....__--__-._.._-.$ Total Funds Budgeted ....... .........__......_,,__._........$ State Funds Budgeted __........_._.............__._.__......_.$ Total Positions Budgeted

644,715 196,811
2,500 --0--
400 19,088
7,200 --0-- --0-- --0-- --0-- 870,714 844,713
57

7. Walker Correctional Institution 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 -....-----.-.---.....--$ Authority Lease Rentals .__.___...-.__.__...-..____....$ Total Funds Budgeted __.......__.___...._._........_.._....$ State Funds Budgeted .__.-_......_._......_...........__...$
Total Positions Budgeted

618,421 195,143
2,400 --0--
400 10,020 6,600 --0-- --0-- --0-- 832,984 832,984
57

8. Georgia Women's Correctional Institution 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

980,464 281,306
2,200 --0--
400 2,200 --0-- --0-- --0-- 1,266,570 1,249,324
97

356

JOURNAL OF THE SENATE,

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

1,145,983 266,307 3,000 --0-- 500 5,000 10,000 --0-- --0--
1,430,790 1,430,790
136

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 Utilities __.._..___._........__._......._._.$ Total Funds Budgeted -....._._.-..__.._......_..__...._.$ State Funds Budgeted .,,_.__......__._....__......__.....$ Total Positions Budgeted

1,865,738 297,015 3,800 --0-- 800 5,000 10,000 --0-- --0--
86,000 2,268,353 2,268,353
213

11. Talmadge Memorial Hospital Unit 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

182,998 8,165 1,500
--0-- --0-- --0-- -- 0-- --0-- -- 0-- 192,663 192,663
20

12. Food Processing and Distribution Unit Budget:
Personal Services ,,...._.........-.......--..._.---..,,__..$ Regular Operating Expenses .........................-$ Travel .............................. .^ Motor Vehicle Equipment Purchases ............% Publications and Printing ...,,,,,,,,.,,.,,,,.,,..--...?

785,455 1,590,987
5,000 68,000
--0--

FRIDAY, FEBRUARY 4, 1977

357

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

305,675 --0-- --0-- --0--
742,514
6,000 3,503,631 3,378,729
84

13. Institutional Support Budget:

Personal Services -____..________-----,,.___________,,$

Overtime ..............................................................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 ...._.............._.__.__.___.$

Court Costs -.-...._..----.--.-.$

County Subsidy ................................................I

Inmate Release Fund ,,..........-,,-

$

Payments to Talmadge

Memorial Hospital

____,,_______.$

Capital Outlay .............................. $

Outside Health Service Purchases ___._._____._..$

Total Funds Budgeted ___..______....._......__...__._____.$

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

Total Positions Budgeted

138,476 30,000 333,965 12,804 379,750
500 61,900 --0-- --0-- 25,000 840,000 200,000 2,793,000 400,000
50,000 240,000 260,100 5,765,495 5,605,495
10

14. Farm 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

238,953 1,405,551
--0-- --0-- --0--
99,529 3,600 --0-- --0--
1,747,633 1,694,633
21

15. Macon Community Correctional Center Budget:
Personal Services ....._-.-_...,,.___..__-_._.........--.____.__.$ Regular Operating Expenses ------_--_----.._--$

9,000 41,000

358

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

1,000 65,000 --0-- 489,000 --0-- --0-- --0-- 605,000 605,000
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 __._.__.._.____.____,,____...._-__.$
Capital Outlay __......_._-...._..___....-...._........__--....$
Court Costs -,,--,,--.--,,--.-$
Inmate Release Fund .._.._......._-._......--_._-....--_..$
County Subsidy __..._..._. .,,,,.,,$
Payments to Central State Hospital for Meals ....___.,,...._..._................._...$
Payments to Central State Hospital for Utilities ....._-_........_-......-_..,,.$
Outside Health Service Purchases .____.___.-__.$
Payments to Talmadge Memorial Hospital ....._......._...-....,,........__.....$
Overtime ............................................ .^,
Total Positions Budgeted

21,069,447 8,736,781
72,888 512,750
8,225 1,130,761
210,401 --0--
25,000 840,000 277,000 200,000 400,000 2,793,000
742,514
92,000 260,100
50,000 30,000 2,041

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 the Department is hereby authorized and directed to redirect up to $590,000 from funds available to the Georgia Building Authority (Penal) to construct and equip a meat plant 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.

FRIDAY, FEBRUARY 4, 1977

359

Provided, that the Department is hereby authorized and directed to redirect up to $400,000 from funds available to the Georgia Building Authority (Penal) to renovate the canning plant at Georgia State Prison.

C. Budget Unit: Department of Offender Rehabilitation ___..........__......__.........,,.......__.__.$ 7,167,981

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

298,000 20,000
6,934 --0--
500 300 --0-- --0-- --0-- 325,734 325,734 15

2. Probation/Parole Field 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

4,195,347 331,206 221,625 18,259 2,500 15,705 7,626 --0-- --0--
4,792,268 4,792,268
384

3. Community Centers Administration Budget:
Personal Services .......,,._-_.......__-....-_,,___......,_._.$ Regular Operating Expenses ___.__,,...-___.--..--.$ Travel ,,__..____________.________._______,,______-_,,.._________.___-$ Motor Vehicle Equipment Purchases ._....,,__.$ Publications and Printing ......_........,,__._,,......._.$ Equipment Purchases ___.--..--__--_-..--.-----.-..--.$ Per Diem and Fees .__.__,,--...7...------_---.--,,--$ Computer Charges ___._,,------._----.------------$ Other Contractual Expense ......_..-...-----....--.$ Total Funds Budgeted ._________-____....__._-__._....__-_.$ State Funds Budgeted ____.......,,.___.....--....._-. $
Total Positions Budgeted

151,342 27,000 6,000 --0--
200 --0-- --0-- --0-- --0-- 184,542 184,542
10

360

JOURNAL OF THE SENATE,

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

303,000 246,000
2,500 --0--
400 5,000 13,000 --0-- --0-- 569,900 568,925
29

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

259,196 165,510
2,100 --0--
170
1,500 5,000 --0-- --0-- 433,476 404,451
26

6. Women's Pre-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

202,000 190,000
2,500 --0--
300 5,000 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 ._........--_..._......_...$

149,032 153,003
5,000 16,500 --0-- 6,400 16,200
--0-- --0--

FRIDAY, FEBRUARY 4, 1977

361

Total Funds Budgeted -_.__.___$ State Funds Budgeted ......................^ Total Positions Budgeted

346,135 107,219
17

8. Restitution Shelters 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

354,442 145,490
4,600 4,000 1,000 --0-- 11,200 --0--
300 521,032 370,442
34

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

5,912,359 1,278,209
251,259 38,759
5,070 33,905 64,026 -- 0--
3,900 536

D. Budget Unit: Board of Pardons and Paroles .,,.$ 1,742,082

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

1,529,708 110,294 87,000 --0-- 3,200 1,400 11,200 --0-- --0--
1,742,802 1,742,802
122

Budget Unit Object Classes:
Personal Services . .__........-_-...__.......,,.,,..._.___.. $ Regular Operating Expenses __......__......_,,,,...,,..$ Travel ._-___.._.__....--_..._-__...-......_........_. $ Motor Vehicle Equipment Purchases .------. $ Publications and Printing ..........................$

1,529,708 110,294 87,000 --0-- 3,200

362

JOURNAL OF THE SENATE,

Equipment Purchases ........_._.__..._..._......._........$ Per Diem and Fees ...................... ^ Computer Charges ,,__--.--___________.._,,._.__________,,.$ Other Contractual Expense _----._----.----......$ Total Positions Budgeted

1,400 11,200 --0-- --0--
122

Section 32. Department of Public Safety. Budget Unit: Department of Public Safety _____.$ 24,795,376

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

267,364 30,300 15,000 --0-- 7,000
2,000 9,200
1,000 --0-- 331,864 --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 ........__......,,.._._.._........_.$

Total Positions Budgeted

307,195 37,468
4,158 --0--
18,822
1,770 750
--0-- --0-- 370,163 370,163
17

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

794,184 920,602
2,500 --0--
52,400 1,000 3,250
22,312 -- 0-- 1,796,248 1,796,248
59

FRIDAY, FEBRUARY 4, 1977

363

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 ._..._...,,..........,,..___._..,,................$

Conviction Reports .._._____.,,,,_._______.___$

Total Funds Budgeted ____.__.___......______..,,.__........$

Indirect DOAS Services Funding ........._.._______.$

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

Total Positions Budgeted

16,928,761 2,316,534
163,020 825,713 731,281 239,465
16,842 1,399,848
--0-- 11,735
164,000 22,797,199
600,000 21,780,257
1,174

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

339,374 371,055
15,062 4,750 11,683 4,091 32,946 --0-- 7,264 786,225 246,003
23

6. Police Academy:
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

303,207 99,923 31,002 16,200
6,980 17,790
9,000 --0-- --0-- 484,102 399,602
17

7. Fire Academy:
Personal Services ___.._--..-.._...,,___-______..........-._.$ Regular Operating Expenses --------_,,--.......$ Travel ____,,__..._..__________.___._______________.___.._______________.$ Motor Vehicle Equipment Purchases ...........$ Publications and Printing ................,,.._..........$ Equipment Purchases .-.......__...----_----,,,,_....$

163,682 33,060 16,607 10,600
2,200 4,600

364

JOURNAL OF THE SENATE,

Per Diem and Fees --.--.,,..........._.......__._...._.._...$ Computer Charges ____________..__._._____._____,,________.._.$ Other Contractual Expense ...............___..._..._. $ Total Funds Budgeted ---._.,,___$ State Funds Budgeted .__.___..--._________....___________.$ Total Positions Budgeted

55,170 --0-- --0-- 285,919 203,103
10

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

19,103,767 3,808,942
247,349 857,263 830,366 270,716 127,158 1,423,160
7,264 11,735 164,000
1,316

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 Association of Motor Vehicle Administrators, and the International 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.

Provided, however, of the above appropriation $4,568 is designated and committed for compensation payments to Brooks County.

Section 33. 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 _..,,....___,,--.-$

8,557,180
279,000 8,278,180 8,557,180 8,557,180

FRIDAY, FEBRUARY 4, 1977

365

Budget Unit Object Classes:
Payments to Employees' Retirement System ......_......._.___..,,..__._........ $
Employer Contributions _...............,,_......._.._....$

279,000 8,278,180

Section 34. Public Service Commission. Budget Unit: Public Service Commission .....__.$ 2,242,191

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

536,974
31,855 6,500 --0-- 1,250 1,000 4,000 --0-- 42,000 623,579 623,579
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

573,057 113,040 28,000 --0--
7,000 1,000 1,500 --0-- --0-- 723,597 723,597
42

3. Utilities 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

736,763 67,052 60,000 --0-- 4,300 2,500 90,000 --0-- --0-- 960,615 895,615
53

366

JOURNAL OF THE SENATE,

Budget Unit Ohject Classes:
Personal Services .--_--......-__-_--.......___.........,,__.$ Regular Operating Expenses ___.._..,,_.___.__......__. j Travel ._..._-....______-.-..._.,,......,,_..__._....._.___........_..$ Motor Vehicle Equipment Purchases ._...__._..$ Publications and Printing __........_.__.....__.____....$ Equipment Purchases -----..-.-----..-.-.-._..-..---$ Per Diem and Pees _-_,,__..._--__.__._______.____._____,,____$ Computer Charges ,,..___..-......,,_._..._..._._....,,___.$ Other Contractual Expense __________,,_____.__.._.__,,$ Total Positions Budgeted

1,846,794 211,947 94,500 --0-- 12,550 4,500 95,500 --0-- 42,000 122

Section 35. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions .....__._-.._.--$ 273,405,294

1. Resident Instruction Budget:

Personal Services -....___..,,.__.._.......__......_____....._...$ 252,610,337

Regular Operating Expenses, Travel,

Motor Vehicle Equipment

Purchases, Publications and

Printing, Per Diem and Fees,

Equipment Purchases, Computer

Charges, and Other

Contractual Expense ..._._.......-_.___.....__......__.$ 84,237,702

Teachers' Retirement .__._......_._.-....___.....__._....._.$ 20,073,523

Capital Outlay -.__,,_._..,,_.._.,,-,,..,,$

70,000

Authority Lease Rentals _._......__.....___......._.__..$ 22,596,000

Total Funds Budgeted -_,,________.___._.____-___.__.._-__-.$ 379,587,562

Indirect DOAS Services Funding __,,.__.._......___.$ 3,500,000

State Funds Budgeted ,,__.,,__._.......-....._.._..._-.$ 239,027,415

Total Positions Budgeted

15,864

Provided, that from appropriated funds in A, the amount of $22,596,000 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 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 con tract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same

FRIDAY, FEBRUARY 4, 1977
to the State Budget authorities for approval, whose ap proval 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 applicable 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 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 Rep resentatives.
Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $8,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Sub committees of the House and Senate; 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 of the above appropriation relating to Capital Outlay, $70,000 is designated and committed for an Irrigation System at the Extension-Research Center in Attapulgus, Georgia.
Provided, that of the above appropriation relating to Regular Operating Expenses, $5,500 is designated and committed to continue funding various apprenticeship programs at Brunswick Junior College.
2. Marine Resources Extension Center Budget:
Personal Services ---,,--..-,,_.$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, Computer

367 268,788

368

JOURNAL OF THE SENATE,

Charges, and Other Contractual Expense __.. Total Funds Budgeted __.. State Funds Budgeted .__..__. Total Positions Budgeted

119,302 388,090 388,090
22

3. Skidaway Institute of Oceanography 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 _..,,_.,,_.-...__.--.. Total Funds Budgeted .-____.__ State Funds Budgeted --..--__--___--__,, Total Positions Budgeted

806,235
758,546 1,564,781
573,781 33

4. Engineering Experiment Station 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 -..._..._-...__..._._...__..._-__.$ Total Funds Budgeted __.._.__,,_________,,_.._____.______,,-$ State Funds Budgeted ._...___..._,,.__..._-.-.-.-_-$ Total Positions Budgeted

6,899,140
2,177,000 9,076,140 2,343,441
184

5. Engineering Extension Division 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 .._..._._.._..._._..._-._..-._-$ Total Funds Budgeted .__-__..-..-..._..._-_.._...._-___.$ State Funds Budgeted ._,,__..,,_......._._..-__,,.._..._..._.$ Total Positions Budgeted

596,785
284,892 881,677 243,038
46

6. Agricultural Experiment Stations Budget:
Personal Services .---.---.----$ Regular Operating Expenses,

10,271,976

FRIDAY, FEBRUARY 4, 1977

369

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

4,983,338 15,255,314
9,663,593 824

7. Cooperative Extension Service 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 _______.__..__.,,__..._________._._.$

Total Funds Budgeted .....__....._.......................... $

State Funds Budgeted ..... ._.________.________..._.______$

Total Positions Budgeted

14,974,624
2,098,012 17,072,636 8,916,636
955

8. Talmadge Memorial Hospital 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 .. ...:..................._........ $

Total Funds Budgeted .___._.,,__.___________..._._.________$

State Funds Budgeted

.

. ...... $

Total Positions Budgeted

19,413,638
7,672,156 27,085,794 11,723,300
2,082

9. Veterinary Medicine Experiment Station 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 ._...........__._........._.__..._..$ Total Funds Budgeted .............. ......................_. $ State Funds Budgeted .__.._............_................. $ Total Positions Budgeted

365,500
160,500 526,000 526,000
28

Budget Unit Object Classes: Personal Services ___..........._._._..........._.__..............$ 306,207,023

370

JOURNAL OP THE SENATE,

Regular Operating Expenses,

Travel, Motor Vehicle

Equipment Purchases, Publications

and Printing, Per Diem and Fees,

Equipment Purchases, Computer

Charges, and Other

Contractual Expense ____.__.________...__.._______._____$ 102,491,448

Teachers' Retirement ....-............_...__..._._...........$ 20,073,523

Capital Outlay ............... ^

70,000

Authority Lease Rentals ................................^ 22,596,000

Total Positions Budgeted

20,038

B. Budget Unit: Regents Central Office ____.. ....._._.$ 8,727,885

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 ________________._________.___...___$

SREB Payments .........................^.....................^

Medical Scholarships _.__.__..._.............._...._......._.$

Regents Scholarships ...._._..__.__..._.-.-_._._.._......-...$

Grants to Junior Colleges ................................i

Total Funds Budgeted ........................................$

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

Total Positions Budgeted

1,727,389
395,846 1,019,650
345,000 200,000 5,040,000 8,727,885 8,727,885
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 ._..__...._._-.._........__._.-_.....$ Regents Scholarships ............^ Grants to Junior Colleges ...._..._...._........._-_.....$ Total Positions Budgeted

1,727,389
395,846 1,019,650
345,000 200,000 5,040,000
98

Section 36. Department of Revenue. Budget Unit: Department of Revenue .._...........$ 19,184,497

1. Executive Administration Budget:
Personal Services ._..___.........__-..........._..__.._......___.$ County Tax Officials/Retirement and PICA $

660,803 450,000

FRIDAY, FEBRUARY 4, 1977

371

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 DOAS Services Funding ............ .....$

State Funds Budgeted ............___.__.. _....____.._____._.$

Total Positions Budgeted

350,400 7,400
--0-- 158,200
9,450 18,000 10,000 --0-- 1,664,253 10,000 1,654,253
39

2. Internal Administration 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 ._....____..______.._._____._.$ Motor Vehicle Tag Purchases ....._..........._..._..$ Motor Vehicle Decal Purchases ....._...._.__..._.._._.$ Total Funds Budgeted ........._...._._._......._......_.._._.$ Indirect DOAS Services Funding ......_......_......$ State Funds Budgeted ............................ .. .. ...$ Total Positions Budgeted

2,563,177 984,324 1,000 --0-- 196,544 20,000 --0--
1,719,200 --0-- 390,000 283,000
6,157,245 1,719,200 4,438,045
256

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $390,000 is des ignated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion of at least 600,000 regular or bicentennial 1976 motor vehicle tags, and for this purpose only.

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.

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 ....._..-..._.-._.._.____......,,,,....__$

765,996 29,931 50,500 --0-- 77,400
2,573 46,000 600,000

372

JOURNAL OF THE SENATE,

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 Reevaluation .._..........._ $
Indirect DOAS Services Funding _______.______._____$ State Funds Budgeted ...........................^
Total Positions Budgeted

--0--
171,596 1,450,000
--0-- 3,193,996
171,596 600,000 2,422,400
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 ap propriated but not to exceed $171,596 in F.Y. 1977. 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 Intangible 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 ........................... ........i Computer Charges ...........................................I Other Contractual Expense ......__.__,,....-.....,,_...$ Total Funds Budgeted ............................... .^ Indirect DOAS Services Funding ....,,..,,..........$ State Funds Budgeted ......................................$ Total Positions Budgeted

805,978 80,980 2,320
--0-- 81,2.00 3,500
--0-- 413,000 --0-- 1,386,978 413,000 973,978
76

5. Motor Fuel Taxation 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 .....................................^

401,766 9,250 1,750
--0-- 45,000
--0-- -- 0-- 101,000 --0-- 558,766

FRIDAY, FEBRUARY 4, 1977

373

Indirect DOAS Services Funding _............... ___$ State Funds Budgeted _._._._..______.._...__$ Total Positions Budgeted

101,000 457,766
35

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

1,389,506 219,150 2,400 --0-- 237,450 --0-- --0--
1,260,000 --0--
3,108,506 1,260,000 1,848,506
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 DOAS Services Funding _______..__.._._____$

State Funds Budgeted ......................................if

Total Positions Budgeted

1,711,214 189,537 34,953 82,800 18,000 2,710 5,000 92,000 --0--
2,136,214 92,000
2,039,714
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 ...........................................if

Computer Charges ________________._..___._______________._.__$

Other Contractual Expense __________________ _ $

Total Funds Budgeted __________ .. _ ___. .___.. _______ $

State Funds Budgeted _________________________ ____________$

Total Positions Budgeted

132,525 24,432
4,000 --0--
12,000 --0-- --0-- --0-- --0-- 172,957 172,957
8

9. Central Audit Budget:

Personal Services . ___________________ _________________ $

Regular Operating Expenses _______._._._.____________$

Travel ................

$

1,366,192 21,958 297,177

374

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 .............. ^ Indirect DOAS Services Funding _____.._.________$ State Funds Budgeted -.__..__-_.___..._,,____.__.__.._..$ Total Positions Budgeted

4,200 1,200 --0-- --0--
3,000 --0-- 1,693,727
3,000 1,690,727
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 ........................................^, Indirect DOAS Services Funding ________________..$ State Funds Budgeted ................. ^ Total Positions Budgeted

3,073,401 195,350 196,000 --0-- 9,400 9,000 3,000 8,800 --0--
3,494,951 8,800
3,486,151 245

Budget Unit Object Classes:

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 ___..._.-,,..,,_..---...-$

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

12,870,558
450,000 2,105,312
597,500 87,000
836,394 47,233 72,000 4,207,000 --0--
171,596 1,450,000
390,000 283,000 --0--
1,024

Section 37. Secretary of State.
Budget Unit: Secretary of State ___.____._.___-._.___-$
1. Occupational Certification Budget:
Personal Services ,,_...........__.__.-_.-....--._--------$ Regular Operating Expenses .._..----_--------.-$ Travel .................-..-...,,............_...._--..,,-.--?

6,451,865
1,321,567 425,668 107,004

FRIDAY, FEBRUARY 4, 1977

375

Motor Vehicle Equipment Purchases _--.__.__..$ Publications and Printing _________.__,,______,,__________$ Equipment Purchases .__.._..,,_,,.--_....,,____,,....,,..._$ Per Diem and Fees ...................if Computer Charges --._.__.__..__---_._..._..__._--_._.__._$ Other Contractual Expense ._.______..________________$ Total Funds Budgeted ........__-__-_-_-._-_-...._.___.$ State Funds Budgeted ._______.........___________________.._.$ Total Positions Budgeted

--0-- 24,968 11,300 190,000 14,000
--0-- 2,094,507 2,094,507
120

2. Securities Regulation 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 ...-....'....................IP

Total Funds Budgeted .._..._._...____.__-___.______.._._.__..$

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

Total Positions Budgeted

230,821 13,812 15,620
--0-- 2,500 2,827
--0-- --0-- --0-- 265,580 247,503
15

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

237,084 59,052 5,700
--0-- 6,900 10,072
-- 0--
--0-- 23,000
341,808 341,808
25

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

232,903 10,753 40,000
--0-- 300 100
--0-- --0-- --0-- 284,056 284,056
13

376

JOURNAL OF THE SENATE,

5. Archives and Records 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 _. -._.._..._......................$

Total Funds Budgeted . .

.. _____$

State Funds Budgeted ._______._..____.______....._______.__$

Total Positions Budgeted

1,131,080 158,900 17,253 --0-- 17,707 50,318 2,223 --0-- 14,000 815,000
2,206,481 2,165,553
93

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

432,156 69,186
8,216 --0--
40,000 3,310 2,500 --0-- --0-- 555,368 555,368
33

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

428,236 62,877
6,000 --0--
62,876 1,000
--0-- --0-- --0-- 560,989 560,989
28

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 _...___---.___..._--__..----._-------$

69,552 37,345
4,000 --0--
4,000 --0-- --0-- --0--

FRIDAY, FEBRUARY 4, 1977

377

Other Contractual Expense _ __

______ $

Total Funds Budgeted ___.___._._.________.___.__________._.$

State Funds Budgeted _________________________ ________ $

Total Positions Budgeted

--0_ 114,897 111,897
8

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

49,657 18,577 9,000 --0-- 6,000
450 6,500 --0-- --0-- 90,184 90,184
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 ____________________________________$

Total Positions Budgeted

4,133,056 856,170 212,793 --0-- 165,251 79,377 201,223 14,000 37,000 815,000 338

Provided, that of the above appropriation relating to the Secretary of State, $23,000 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.

Provided, however, that of the above appropriation $15,000 is designated and committed for the hiring of one new investigator position in the Dental Board.

Section 38. State Scholarship Commission.

Budget Unit: State Scholarship Commission ..... . _______________________________________ $ 9,248,281

1. Internal Administration Activity Budget:
Personal Services _________________ _________ __ $ Regular Operating Expenses ..----__.------_ ...... $

657,877 156,454

378

JOURNAL OF THE SENATE,

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

20,000 --0--
4,000 306,350
4,200 25,000 15,300 1,189,181 387,081
51

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees __...__-........._.__..$ 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 ._.._....,_..._.__......______........$ Total Positions Budgeted

1,935,000 5,500,000 1,919,700 9,354,700 8,604,700
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships ......._..........._......_....$
Total Funds Budgeted .'.._._.___...,,..._-.__......__.._..$ State Funds Budgeted .._.___......_..__-..-__..__-.....$ Total Positions Budgeted

36,000 36,000 36,000
0

Budget Unit Object Classes:
Personal Services .._._........_.._....._.._......___.__........$ Regular Operating Expenses --... ._______.__-___.$ Travel ...,,.____..._...__..._._____....._-_.......__._.._..___._..-__.$ Motor Vehicle Equipment Purchases ._..--... if 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 ,,_.....___....._._...........$ Total Positions Budgeted

657,877 156,454 20,000 --0--
4,000 306,350
4,200 25,000 15,300 404,500 1,935,000 5,500,000 1,919,700
36,000 51

FRIDAY, FEBRUARY 4, 1977

379

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 approval 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 $36,000 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 $5,500,000 is designated and committed to provide $400 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 rela tive 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 ap plicable State and federal law, provided, however, that Georgia veteran students otherwise eligible and qualify ing to receive a Student Incentive Scholarship shall have
priority and be eligible to receive a scholarship without
regard to their undergraduate academic level or classifi
cation 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 stu
dents for summer term study in institutions of higher 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.

380

JOURNAL OF THE SENATE,

Section 39. Soil and Water Conservation Committee.

Budget Unit: Soil and Water Conservation Committee .....__.....__,,....___..._..__.$

366,212

Soil and Water Conservation Central Office Budget:
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 __.,,______,,.____..._.....$ Total Funds Budgeted ....-__....._.-.-._.-..-__...-_.....$ State Funds Budgeted -_____.__________,,_.____.____.-___..-$ Total Positions Budgeted

174,852 33,803 28,400
--0*-- 12,170 3,487 96,500
--0-- 17,000 366,212 366,212 11

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 40. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System ...._.$
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

174,852 33,803 28,400 --0-- 12,170 3,487 96,500 --0-- 17,000
11
890,000
788,035 94,959 14,500 --0-- 13,000 17,947 67,000 363,840 --0--
890,000 2,249,281
890,000 55

FRIDAY, FEBRUARY 4, 1977

381

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

788,035 94,959 14,500 --0-- 13,000 17,947 67,000 363,840 --0--
890,000 55

Section 41. Department of Transportation. Budget Unit: Department of Transportation ....$ 244,786,303.06

1. Planning and Construction Budget:

Personal Services

.. .

$ 51,881,449.00

Regular Operating Expenses ..........._._______..__._.$ 4,177,627.00

Travel _............._..........-$ 1,295,053.00

Motor Vehicle Equipment Purchases ........$ --0--

Publications and Printing _....._..._.._.._._..... ......$

245,100.00

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

67,750.00

Per Diem and Fees .................._.............._......__..$ 2,931,000.00

Computer Charges ......--...-.....-----------------.if --0--

Other Contractual Expense _...._.._._.._...._........ $ 277,000.00

Capital Outlay _________._.____.._._..___________________......._..$ 243,847,127.06

State of Georgia General Obligation

Debt Sinking Fund ............

...._.$ --0--

Total Funds Budgeted ......_..._._...._...._. _.............$ 304,722,106.06

State Funds Budgeted .._.___._._..._..._.._..................$ 110,653,428.06

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 ..............................I

Capital Outlay ._._.__.___......__.___.___..._....................$

State of Georgia General Obligation Debt Sinking Fund _.___._._.__.__..._.....................$

Total Funds Budgeted .__......__.__..._..........._..........$

State Funds Budgeted

............... ^

Total Positions Budgeted

32,689,006 21,223,367
206,960 --0--
6,910 --0-- --0-- --0-- 907,725 17,023,936
500,000 72,557,904 69,826,204
3,551

382

JOURNAL OF THE SENATE,

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 _._....._........__.....___.._...__._....-..$ Other Contractual Expense ._______._____,,.______--__$ Total Funds Budgeted .._....._._._......._...._..._...._-..$ State Funds Budgeted .,,_.__._.____..___..__..__--___..._--__.$ Total Positions Budgeted

5,477,938 2,720,236
100,000 --0-- 302,000 --0-- 229,500 1,389,863 --0-- 10,219,537 9,880,755
321

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in conform ity with and pursuant to Article VII, Section IX, Para graph 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 Depart ment of Administrative Services in the immediately 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 immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation pay able in lieu of the amount appropriated herein.

FRIDAY, FEBRUARY 4, 1977

383

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, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from pre vious years as requested by the Department of Trans portation 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 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 au thorized 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 Depart ment 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 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 Adminis trative 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 debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Trans portation.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking

384

JOURNAL OP THE SENATE,

Fund, $500,000 is specifically appropriated for a Mainte nance 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 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 Transporta tion, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The ex pense 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 Geodetic Control _...,,...._.....__..._.._._.__.___..._.._....$ Harry S. Truman Parkway __..._..__..._..........__....$
Maintenance and Betterments General Obligation Bond Debt Service for Resurfacing ..__._...__......_.......,,.._.$ Paving, Curbing and Guttering, and Other Related Expenses _--..----..........$

250,000 330,000
500,000 75,000

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 .__.__,,.__________.._____-_______.$

9,317,000 9,317,000 9,317,000

FRIDAY, FEBRUARY 4, 1977

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 authority, 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.

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

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

385
321,047 297,390
11,500 16,000
200 5,000
500 --0-- --0-- 651,637 426,637
17
239,610 11,550' 10,000
--0-- 5,000 500
254,750 --0--
30,950 135,651 175,000 863,011 770,543
15

386

JOURNAL OF THE SENATE,

10. Harbor Maintenance Budget:
Harbor Maintenances Payments ...--.......--.__._.$ Total Funds Budgeted ............................^ State Funds Budgeted .............................. ^

250,000 250,000 250,000

Budget Unit Object Classes:

Personal Services ........................$ 90,609,050.00

Regular Operating Expenses ___._________,,___._____.$ 28,430,170.00

Travel ...............................$ 1,623,513.00

Motor Vehicle Equipment Purchases ...--_.....$ 2,316,000.00

Publications and Printing _____._______,,.____.___._.,,.$

559,210.00

Equipment Purchases ........................... 4 810,161.00

Per Diem and Fees ...................... ..^ 3,415,750.00

Computer Charges ..................... ..^ 1,389,863.00

Other Contractual Expense _-...._._-..._.__.......__.$ 1,215,675.00

Capital Outlay ...................... 4 261,390,714.06

Mass Transit Grants --.....---^..--....................^ 175,000.00

Grants to Municipalities .................. ^ 9,317,000.00

Harbor Maintenance Payments ..._.__._....__.....$ 250,000.00

Grants to Counties .._-___.,,,,__._,,-_.,, -_,,..$ 9,317,013.00

Authority Lease Rentals ........................ ^ 27,343,961.00

State of Georgia General

Obligation Debt Sinking Fund ___._.___--_____-.$ 4,280,762.00

Total Positions Budgeted

7,504

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 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 5% 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 alloca tion for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.

Provided, further, that the Department of Trans-

FRIDAY, FEBRUARY 4, 1977

387

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.

Provided, that of the above appropriation relative to Per Diem and Fees, $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, $11,250 in State funds is designated and committed for matching Federal and local funds to provide $90,000 in improvements to the Dalton-Whitfield County Airport.

Provided, that of the above appropriation related to Per Diem and Fees, $50,000 is designated and com mitted for Rail Facilities Planning.

Section 42. Department of Veterans Service.

Budget Unit: Department of Veterans Service -..-.-_.-.......-..._.--..,,..-...--_.-_.....-...$ 5,893,625

1. Veterans Assistance Budget:

Personal Services __-________--_--_____.______________--.__$

Regular Operating Expenses ........--,,___........___$

Travel

____..___.__.._______________.__.______$

Motor Vehicle Equipment Purchases _--_,,$

Publications and Printing .............--.............--I

Equipment Purchases __________ ^ ,,_____,,_._.____$

Per Diem and Fees ._--___-__-__-_~~_-___-___~_-f

Computer Charges _,,--__-----_--_--__.--.--._----$

Other Contractual Expense _____.______,,___,_,,___.$

Grants to Confederate Widows ----.............._.$

Total Funds Budgeted ___,,_____.____,,_________,,.___._.$

State Funds Budgeted __........._.......___.._._...._..._..$

Total Positions Budgeted

1,991,132 146,495 64,625 --0-- 20,000 6,192 8,800' 150 --0-- 14,542
2,251,936 1,987,881
172

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Equipment Purchases .,,__----__.____----____,,_--_$ Repairs and Maintenance ---.__..._.--..-.___,,.,,....$ Operating Expenses/Payments to
Central State Hospital ___._____._,,___..,,..$ Total Funds Budgeted ......._......._.__.......--..$ State Funds Budgeted ,,-....--.-......_-._-..-_.......$

106,056 27,000
4,026,774 4,159,830 2,834,983

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3. Veterans Nursing Home--Augusta Budget:
Operating Expense/Payments to Medical College of Georgia ----...--_____.......$
Other Contractual Expense ................... ^ Total Funds Budgeted ...............$ State Funds Budgeted .-,,_.._..__......__........_.,,$

1,882,397 --0--
1,882,397 1,070,761

Budget Unit Object Classes:

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 ............................^

Grants to Confederate Widows ........................$

Repairs and Maintenance _--_.__________--____,,_--.$

Operating Expense/Payments to

Central State Hospital ........-.......--.....--.I

Operating Expense/Payments to

Medical College of Georgia ._________,,._____.___.-$

Total Positions Budgeted

1,991,132 146,495 64,625 --0-- 20,000 112,248 8,800 150 --0-- 14,542 27,000
4,026,774
1,882,397 172

Section 43. Workmen's Compensation Board.

Budget Unit: Workmen's Compensation Board ...................................... ..^ 2,074,352

1. Workmen's Compensation Administration 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 .................... ..^, State Funds Budgeted ........................ ^ Total Positions Budgeted

1,511,673 251,761 20,700 --0-- 14,781 8,750 70,600 74,094 --0--
1,952,359 1,952,359
97

2. Vocational Rehabilitation Budget:
Personal Services ..................... .......-^.^.....^ Regular Operating Expenses .--------.,,----_$ Travel __.....,,.......-_._...-.......-..._--,,.---.$ Motor Vehicle Equipment Purchases .._.--..._.$ Publications and Printing ...__-._,,._....._._-......-_.$ Equipment Purchases ....................--...----....^

108,873 4,820 5,700
--0-- 2,000
--0--

FRIDAY, FEBRUARY 4, 1977

389

Per Diem and Fees ____._._________-_-____.____________,,_,,__.$ Computer Charges ...-._.._._.......--__..,,........._._.__..$ Other Contractual Expense .-......-..._..____........$ Total Funds Budgeted __......._-_..-......_..___..___$ State Funds Budgeted ......................................I Total Positions Budgeted

--0-- 600
--0-- 121,993 121,993
8

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 _----___,,_______________$ Total Positions Budgeted

1,620,546 256,581 26,400 --0-- 16,781 8,750 70,600 74,694 --0-- 105

Section 44. State of Georgia General Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General

Obligation Debt Sinking

Fund (Issued)

_.._-____.$ 15,575,000

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) --..,,_._-._.__-.$

4,028,900

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $520,000 is specifically appropriated for the pur pose of constructing and equipping facilities on property in Atlanta, Georgia, through the issuance of not to exceed $5,200,000 in principal amount of General Obligation Debt.

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, equipping, and acquisition of school buildings and facilities, including vocational education comprehensive high schools, through the issuance of not to exceed $10,000,000 in principal amount of Gen eral Obligation Debt. The allocation of these funds shall be determined on the basis of a formula to be promul gated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolidation within a system, renovations, outstanding local effort of school systems, age and

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condition 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 Sinking Fund, $736,000 is specifically appropriated for the purpose of Area Vocational-Technical School construc tion and equipping through the issuance of not to exceed $7,360,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $767,500 is specifically appropriated for the pur pose of constructing facilities at Gracewood State School and Hospital, Southwestern Regional Hospital and Central State Hospital through the issuance of not to exceed $7,675,000 in principal amount of General Obliga tion Debt.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $275,400 is specifically appropriated for the pur pose of constructing Regional Youth Development Centers at Macon, Griffin, Columbus, and Eastman through the issuance of not to exceed $2,850,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $730,000 is specifically appropriated for the purposes of financing a new construction program which consists of the acquisition of land (if needed) and the construction 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 General Obligation Debt.
Section 45. In addition to all other appropriations for Fiscal Year ending June 30, 1977, there is hereby appropriated $150,000 for the purpose of paying com munications charges due to the rate increase. Provided further that the Office of Planning and Budget shall not be authorized to transfer funds from this Section to departmental budgets without prior approval of the Fiscal Affairs Subcommittees of the House and Senate.

Section 46. 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-

FRIDAY, FEBRUARY 4, 1977

391

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 retail ing motor fuel.
Section 47. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.
Section 48. 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 49. In accordance with the requirements of Article IX, 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, 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 pro vided under any other provision of this Act are in sufficient in any year to make the required payments in full, there shall be taken from other funds appropri ated 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.
Section 50. 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 and the amended Budget Report submitted to the General Assembly at the 1977 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, pro-

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grams, and activities subject to the conditions that no
funds whatsoever shall be transferred for use in initiat ing 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 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 meet ing called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institu tion or agency of this State are in violation of this Sec tion 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 recommenda tion 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 con ditions provided hereinbefore for transfers.

Section 51. 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. 1977 submitted to the General Assembly at the 1976 regular session and the amended Budget Report submitted to the General Assembly at the 1977 regular session.

Section 52. 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 As sembly, 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- 53. 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 fore going 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.

FRIDAY, FEBRUARY 4, 1977

393

Section 54. TOTAL APPROPRIATIONS F.Y. 1977 ......_.__......_._....._........_..._..._..............___..$1,888,267,003.06.

Section 55. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.

Section 56. 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. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th offered the following amendment:
Amend the substitute offered by the Committee on Appropriations to HB 94 by striking the figure "163,020" from line 17 on Page 119 and inserting in lieu thereof the figure "108,020"; and by striking the figure "16,928,761" from line 15 on Page 119 and inserting in lieu thereof the figure "16,981,761"; and by striking the figure "2,316,534" from line 16 on Page 119 and inserting in lieu thereof the figure "2,318,534"; and by striking the figure "1174" from line 29 on Page 119 and inserting in lieu thereof the figure "1176" and by striking the figure "22,797,199" from line 26 on Page 119 and inserting in lieu thereof the figure "22,852,199"; and by striking the figure "21,780,257" from line 28 on Page 119 and inserting in lieu thereof the figure "21,835,257"; and by striking the figure "19,103,767" from line 5 on Page 121 and inserting in lieu thereof the figure "19,156,767"; and by striking the figure "3,808,942" from line 6 on Page 121 and inserting in lieu thereof the figure "$3,810,942"; and by striking the figure "247,349" from line 7 on Page 121 and inserting in lieu thereof the figure "192,349".
On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 38, 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:

Allgood Banks Barker

Barnes Bell Brantley

Broun of 46th Brown of 47th Carter

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Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher Foster Gillis Greene Hill Holloway Howard

Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Scott

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bond

Russell

Traylor

On the passage of the bill, the yeas were 52, nays 0.

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

Senator Broun of the 46th moved that HB 94 be immediately transmitted to the House.

On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 94 was immediately transmitted to the House.

Senator Summers of the 53rd moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Committee on Education:

SB 25. 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.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 25 was withdrawn from the Committee on Retirement and committed to the Com mittee on Education.

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:

FRIDAY, FEBRUARY 4, 1977

395

SB 23. By Senators Duncan of the 30th, Carter of the 14th, Hill of the 29th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for additional postretirement benefit adjust ments to the extent that funds are appropriated therefor.

The following fiscal note, as required by law, was read by the Secretary:

MEMORANDUM

TO:

The Honorable E. G. Summers, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, Jr., State Auditor Richard B. Cobb, Deputy Director, Office of Planning and Budget

DATE: January 19, 1977

SUBJECT: Fiscal Note--Senate Bill 23 Teachers' Retirement System

Please find attached a memorandum from Mr. Wesley H. Rucker, Executive Secretary-Treasurer of the Teachers' Retirement System. We feel it is self-explanatory, and it concurs with our own analysis.

MEMORANDUM

/&/ William M. Nixon, Jr. State Auditor
1st Richard B. Cobb Deputy Director, Office of Planning and Budget

TO:

Mr. William M. Nixon

State Auditor

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: Senate Bill 23

This bill would require the Teachers Retirement System to increase the retirement benefits to retired members when the multiplier in the retirement formula is changed to a higher percentage. The bill would grant increases in the future to the retirees when the retirement formula is changed. The amount of the increases would be calculated on a per centage of benefits being paid to the retirees and the percentage increase would relate to the percentage that the retirement formula is changed in
the future.

The retirement formula changed from 1.75% to 1.76'% on July 1, 1975, and to 1.78% on July 1, 1976. We are listing below the percentages of increase that retirees would receive at two levels--1.78% and 1.80%.

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(The 1.80% figures are given in case the retirement formula is changed to that amount.)
Percentage Increase in Benefits
1.78% Formula

"Before 7/1/75" Retirees "Between 7/1/75 and 6/30/76" Retirees

1.714% 1.114%

1.80% Formula

"Before 7/1/75" Retirees "Between 7/1/75 and 6/30/76" Retirees

2.87% 2.228%

There are two ways to finance the increases:

1. Annual appropriations under a "Pay-As-You-Go" basis (the actual amounts paid out each year).

2. Increasing the employer contributions rate based upon the amounts that would be required based upon actuarial calculations made under the level-funded method.

The primary difference in the two methods is the effect on the ap propriation of funds each year during the estimated number of years that the payments are expected to be made to retirees. Under the PayAs-You-Go method, the annual costs for the first four to six years would be a great deal larger than the costs under the level-cost method of funding. The payments to the retirement system under the level-cost method would be larger during the last five or six years. I am listing below the approximate amounts that would be paid during FY 1978 under both methods of funding for both increases.

1.78% Increase

Pay-As-You-Go Method

Level-Funded Method

"Before 7/1/75" Retirees "7/1/75-6/30/76" Retirees

$ 850,000 75,700
$ 925,700

$ 315,000 28,000
$ 343,000

1.80% Increase "Before 7/1/75" Retirees "7/1/75-6/30/76" Retirees

$1,500,000 151,380
$1,651,380

$ 555,840 56,100
$ 611,940

If the increases are funded on a level-funded basis, the employer contributions rate would be increased .04% to finance increases to equal the 1.78% formula. The employer contributions rate would be increased .08% to finance the increases payable under the bill to bring all retirees to a 1.80% formula. The cost to the State for FY 1978 to finance in creases that would bring retirees' benefits to a 1.78% would be approxi-

FRIDAY, FEBRUARY 4, 1977

397

mately $267,200. The approximate cost of the 1.8% level of benefits on a level-funded basis for FY 1978 would be approximately $543,400.

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:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Those not voting were Senators:

Ballard

Hudson

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Traylor

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 24. By Senator Tysinger of the 41st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that persons who have reached a certain age at the time of their employment may reject membership in the retirement system.

The following fiscal note, as required by law, was read by the Secretary:
January 17, 1977
Honorable E. G. Summers, Chairman Senate Retirement Committee Room 122-E, State Capitol Atlanta, Georgia 30334
Subject: Senate Bill 24
Dear Senator Summers:
In your letter dated January 12, 1977, you asked for fiscal notes on

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Senate Bills 23, 24 and 25. I have prepared a memorandum and this memorandum has been submitted to the State Auditor. A copy of that memorandum is attached for your information.

Senate Bill 24 amends the retirement law of the Employees' Retire ment System and Senate Bill 25 appears to deal with accumulated sick and personal leave. Since neither bill appears to have any direct effect on the Teachers Retirement System nor its funding, I have not prepared a memorandum on either bill. If you decide that you need any information from me on either of these bills, please let me know.

Sincerely,

/s/ Wesley H. Rucker Executive Secretary-Treasurer

B. BLESS & ASSOCIATES, INC. Actuaries
Employee Benefit Plan Consultants
January 17, 1977

Mr. Abe Domain, Director Employees' Retirement System of Georgia 2 Northside 75 Atlanta, Georgia 30318

RE: Senate Bill 24

Dear Abe:

In response to your request we have analyzed the cost effects of the above captioned Bill. It is our understanding that this Bill would allow a person, who is hired in a covered position for E.R.S. purposes after age 55, to reject membership in E.R.S. Further, any member of E.R.S. who was over age 55 when becoming a member may withdraw
from the System.

As you know the incidence of cost of a retirement system varies from one group of individuals to another, with younger members usually requiring a lower contribution than those who are employed at an older age. The overall employer contribution is a balance of the various rates of cost for all members of the System. It would appear, therefore, that a saving would occur if these older employees chose not to become members of E.R.S. However, it should be kept in mind that not all of them will retire with a monthly allowance since a member must complete 10 years of creditable service in order to be eligible for a retirement benefit and many departments have adopted a policy of requiring that employees retire at age 65. The effect of these forced retirements has produced actuarial gains which would no longer be available to the System.

In summary, the System would have slightly lower costs by not covering these older employees, but any reduction in costs would be offset by a loss of experience gains from those who must accept a termination status at age 65 rather than a retirement status. The net

FRIDAY, FEBRUARY 4, 1977

399

effect, in our opinion, would be negligible in the total funding of the System.

If you have any questions regarding the above, please call me.

Sincerely,

/s/ Bob Robert R. Bless

The Senate Committee on Retirement offered the following amendment:

Amend SB 24 by striking the quotation mark appearing at the end of line 25 on Page 1 and inserting in lieu thereof the following:

"It is specifically provided that when any person rejects mem bership in the retirement system or withdraws from membership, as provided herein, such rejection or withdrawal shall constitute a waiver of any right or privilege resulting from membership in the retirement system. Any person who rejects membership in the retire ment system or withdraws his membership, as provided herein, shall not at any time thereafter be eligible to become a member of the retirement system.' "

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 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:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk
Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

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Those not voting were Senators:

Ballard Hudson

Russell

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.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 26. By Senators Tate of the 38th, Foster of the 50th, Hudgins of the 15th 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 from a one-way street onto 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 amendment:
Amend SB 26 by inserting on Page 1, lines 5 and 16, and Page 2, line 9, between the words "from" and "a" the following:
"the left-hand lane of".

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, 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:

Allgood Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher Foster Gillis Greene

Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill

FRIDAY, FEBRUARY 4, 1977

401

Overby Paulk Pearce Reynolds Riley Robinson Scott

Shapard Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Broun of 46th

Duncan Holloway (presiding)

Russell Traylor

On the passage of the bill, the yeas were 50, nays 0.

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

The President resumed the Chair.

SB 55. By Senator Barnes of the 33rd:
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.

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:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

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Those not voting were Senators:

Ballard

Hudgins

Traylor

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

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

Senator Stumbaugh of the 55th moved that SB 55 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 55 was immediately transmitted to the House.

SB 65. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-3701, relating to the appointment of a judge pro tempore under the provisions of the Juvenile Court Code, as amended, so as to provide for a redefinition of the conditions under which a judge pro tempore may be 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:

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

Gillis Greene Hill Holloway Howard Hudson Johnson
Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk
Pearce
Reynolds
Riley

Robinson Russell Scott Starr Stephens Stumbaugh Summers
Sutton
Tate Thompson
Timmons
Turner
Tysinger
Walker
Wessels

Voting in the negative were Senators Coverdell and Shapard.

FRIDAY, FEBRUARY 4, 1977

403

Those not voting were Senators:

Ballard Bell

Evans Hudgins

Traylor

On the passage of the bill, the yeas were 49, nays 2.

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

SB 104. 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 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:

Allgood Banks Barker Barnes Brantley Broun of 46th Brown of 47th
Carter
Coverdell
Dean of 6th
Dean of 31st
Eldridge
English
Fincher
Foster Gillis

Greene Hill Holloway Howard Hudson Johnson Kennedy
Kidd
Langford
Lester
McGill
Overby Paulk
Pearce Reynolds
Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers
Sutton
Tate
Thompson
Timmons
Turner
Tysinger
Walker
Wessels

Voting in the negative was Senator Doss.

Those not voting were Senators:

Ballard Bell Bond

Duncan Evans Hudgins

Riley Traylor

On the passage of the bill, the yeas were 47, nays 1.

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

SB 135. By Senator Broun of the 46th:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to change the composition of the headquarters' staff of the Uniform Division of the Department of Public Safety; to provide for a logistics officer.
Senator Broun of the 46th offered the following amendment:
Amend SB 135 by striking on Page 1, lines 8 and 25 the figures "29" and inserting in lieu thereof the figures "26".

On the adoption of the amendment, the yeas were 37, 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

Allgood Banks Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
English
Fincher
Foster
Gillis

Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford
Lester
McGill
Overby
Paulk
Pearce
Reynolds
Riley
Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate
Thompson
Timmons
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Ballard Barker Bell

Bond Evans Hudgins

Traylor

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

FRIDAY, FEBRUARY 4, 1977

405

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

SB 139. By Senator Barnes of the 33rd:
A bill to amend Code Title 76, relating to peace warrants and behavior bonds, as amended, so as to provide that, in counties in which a State court is established, bonds for good behavior and bonds to keep the peace shall be returnable in the State court.

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

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

Those voting in the affirmative were Senators:

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

Foster Gillis Greene Holloway Hudson Johnson Kennedy Kidd Langford Lester McGill
Overby
Paulk
Pearce
Reynolds
Riley
Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Ballard Bell Evans

Hill Howard Hudgins

Traylor

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

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

SR 37. By Senator Reynolds of the 48th:
A resolution authorizing the conveyance of certain real property located in Gwinnett County, Georgia, to the Gwinnett Livestock and Fair Asso ciation, Inc.

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JOURNAL OP 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Foster

Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bell Bond

Evans Fincher Hill

Hudgins Langford Traylor

On the adoption of the resolution, the yeas were 47, nays 0.

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

HB 4. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 35-708, relating to the requirement that the tax receiver of each county shall obtain and keep statistics of the blind, as amended. Senate Sponsor: Senator Button of the 9th.

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:

FRIDAY, FEBRUARY 4, 1977

407

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell
Dean of 6th Dean of 31st Doss Eldridge English
Foster Gillis

Greene Hill Holloway
Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk
Pearce Reynolds
Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Bell Duncan

Evans Fincher Hudgins

Traylor

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

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

HB 81. By Representatives Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear. Senate Sponsor: Senator Overby of the 49th.

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 Dean of 6th

Dean of 31st Doss Eldridge English Foster Gillis Greene Hill Holloway Howard

Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

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JOURNAL OF THE SENATE,

Reynolds Riley Robinson Russell Scott Shapard

Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Ballard Bell Duncan

Evans Fincher Hudgins

Traylor

On the passage of the bill, the yeas were 48, nays 1.

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

Senator Robinson of the 27th moved that the following bill of the Senate, which was lost on February 3 and reconsidered today, be committed to the Committee on Consumer Affairs:

SB 16. By Senators Robinson of the 27th, Greene of the 26th and Barker of the 18th:
A bill to regulate the business of repairing, servicing and maintaining electronic equipment; to provide for a short title; to provide for defini tions; to provide for the registration of electronic repair service dealers.

On the motion, the yeas were 43, nays 0; the motion prevailed, SB 16 was committed to the Committee on Consumer Affairs.

The following resolutions of the Senate and House were read and adopted:

SR 73. By Senator English of the 21st: A resolution welcoming Frank Ziebell to the State of Georgia.

SR 74. By Senator Kidd of the 25th:
A resolution extending an invitation to Mr. Eddie LeBaron to appear before the Georgia Senate.

HR 145. By Representatives Hawkins of the 50th, Nichols of the 27th, Marcus of the 26th and others:
A resolution expressing regret at the passing of Mr. Adolph Rosenberg.

FRIDAY, FEBRUARY 4, 1977

409

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 137. By Senator Pearce of the 16th:
A bill to repeal an Act entitled "An Act 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 ex istence on a certain date may not be amended at the local level pursuant to said 'Municipal Home Rule 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:

Allgood Banks Barnes Bell Brantley Broun of 46th Carter Coverdell
Dean of 6th
Dean of 31st
Doss
English
Gillis
Greene
Hill

Holloway Howard Johnson Kennedy Kidd Langford Lester McGill
Overby
Paulk
Pearce
Riley
Robinson
Russell
Scott

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson
Timmons
Turner
Tysinger
Walker
Wessels

Those voting in the negative were Senators Eldridge and Hudgins.

Those not voting were Senators:

Ballard Barker Bond Brown of 47th

Duncan Evans Fincher Foster

Hudson Reynolds Traylor

On the passage of the bill, the yeas were 43, nays 2.

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

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 has disagreed to the Senate substitute to the following bill of the House:

HB 94. By Representatives Murphy of the 18th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1976-77, so as to change certain appropriations for the fiscal year 1976-77; to make language and other changes; to provide an effective date.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 94. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1976-77.

Senator Broun of the 46th moved that the Senate insist upon its substitute to HB 94.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon its substitute to HB 94.

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 94. By Representatives Murphy of the 18th, Harris of the 8th and others:
A bill to amend an Act providing appropriations for the fiscal year 1976-77, so as to change certain appropriations for the fiscal year 197677; to make language and other changes; to provide an effective date.

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.

FRIDAY, FEBRUARY 4, 1977

411

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 94. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1976-77.

Senator Broun of the 46th moved that the Senate adhere to its substitute to HB 94, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 94.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Broun of the 46th, Holloway of the 12th and Riley of the 1st.

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

At 1:20 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Monday, February 7, 1977

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

Senator Johnson of the 34th reported that the Journal of Friday'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 271. By Representatives Coleman of the 118th and Rowland of the 119th:
A bill to provide a new Charter for the City of Dudley, Georgia, in the County of Laurens; to provide for the incorporation and powers of such city; 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 336. By Representatives Knight of the 67th and Mostiler of the 71st:
A bill to amend an Act to abolish the office of Treasurer of Coweta County, so as to vest in the Clerk of the Board of Commissioners of Coweta County all of the duties, powers and functions formerly attached to the office of County Treasurer.
HB 337. By Representatives Knight of the 67th and Mostiler of the 71st:
A bill to amend an Act entitled "Coweta County-Pensions and Retire ment Pay", as amended, so as to change the definition of county employ ees to include employees of Constitutional officers of Coweta County.
HB 438. By Representatives Knight of the 67th and Ware of the 68th:
A bill to amend an Act changing the compensation of the sheriff, the judge of the probate court, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the compensation of the sheriff of Coweta County.
HB 493. By Representatives Foster and Wheeler of the 152nd:
A bill to amend Code Section 92-4101, relating to the millage limitation

MONDAY, FEBRUARY 7, 1977

413

imposed upon municipal corporations, as amended, so as to exempt the City of Woodbine therefrom; to provide an effective date.

HB 506. By Representative Patten of the 149th:
A bill to amend an Act creating the office of Tax Commissioner of Lanier County, as amended, so as to change the compensation of the tax commissioner; to strike the provisions relating to compensation of clerical help.

HB 525. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967, so as to change the jurisdiction of said court; to change the method of appointment of the judge; to change the fees charged in said court; to provide additional fees.

HB 538. By Representative Reaves of the 147th:
A bill to amend an Act creating a small claims court in certain counties in this State approved April 4, 1963, as amended, so as to change the jurisdiction of said court.

HB 539. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act placing certain of the county officers of Morgan County on an annual salary, so as to change the provisions thereof relative to the compensation of the assistants of the Clerk of the Superior Court of Morgan County.

HB 547. By Representatives Foster and Wheeler of the 152nd and Stone and Greene of the 138th:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court, the Tax Commissioner, the Chairman of the Board of Commissioners, and the members of the Board of Commissioners of Brantley County.
HB 553. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act abolishing the fee system as the mode of com pensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960, as amended.
HB 131. By Representatives Hudson of the 137th, Walker of the 115th and others:
A bill to amend an Act regulating the practice of professional sani tarians and to promote the principles of environmental sani tation so as to comprehensively revise said Act; to change and add definitions.

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JOURNAL OF THE SENATE,

HB 189. By Representatives Tolbert and Butler of the 56th, Linder of the 44th and others:
A bill to amend Code Section 34-1302, relating to voter's certificates, as amended, so as to change the provisions relative to such voter's certif icate.

HB 225. By Representatives Hatcher of the 131st, Evans of the 84th and others:
A bill to amend Code Section 26-3201, relating to conspiracy to commit a crime, as amended, so as to change the provisions relating to punish ment.

HB 289. By Representative Games of the 43rd:
A bill to amend Code Chapter 46-3, relating to property and persons subject to garnishment, so as to change the provisions relating to garnishment of salaries of government employees.

HB 293. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the "Georgia Water Quality Control Act", approved March 11, 1964, as amended, so as to amend the policy declared; to require the establishment or revision of permissible limits of surface water usage.

HB 583. By Representatives Horton of the 43rd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide for an effective date.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 114. By Representatives Jones of the 126th, 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 Swift Agricultural Chemicals Corp., a Delaware corporation, and Colonial Land Co., a Ga. corporation, as their interests may appear, their successors and assigns, an irrevocable easement, over, under, across and through certain prop erty owned or claimed by the State of Georgia and located in Chatham County, Ga.
HR 123. By Representative Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to in crease the civil jurisdiction of justices of the peace in Brooks County; to provide for the submission of this amendment for ratification or re jection.

MONDAY, FEBRUARY 7, 1977

415

HR 124. By Representatives Tolbert, Johnston and Butler of the 56th and others: A resolution creating the CETA Study Committee of DeKalb County.

The House has adopted the following resolutions of the House:

HR 155. By Representatives Ham of the 80th, Murphy of the 18th and others:
A resolution relative to efforts to obtain direct European flight service for Atlanta.

HR 156. By Representatives Ham of the 80th, Murphy of the 18th and many others:
A resolution relative to efforts to obtain direct European flight service for Atlanta.

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

HB 58. By Representatives Stone of the 138th, Harris of the 8th, Foster of the 6th and others:
A bill to amend an Act providing minimum salaries for clerks of the superior courts, so as to change the minimum salai'ies; to change the provisions relating to clerks who also serve as clerks of other courts.

The House has adopted the following resolution of the House:

HR 152. By Representatives Dent of the 85th, Murphy of the 18th and others: A resolution establishing Georgia Black Festival Month in Georgia.

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

SB 228. By Senator Barker of the 18th:
A bill to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to add a new Code Chapter 84-70, relating to licensed public accountants; to provide for a short title; to provide for definitions; to create a State Board of licensed public accountancy. Referred to Committee on Consumer Affairs.
SB 229. 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

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JOURNAL OF THE SENATE,

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 230. By Senators Riley of the 1st, Duncan of the 30th, Dean of the 31st and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that all eligible officers and employees of the George L. Smith II Georgia World Congress Center Authority are authorized to become members of the Employees' Retire ment System of Georgia.
Referred to Committee on Retirement.

SB 231. By Senators Lester of the 23rd and Riley of the 1st:
A bill to comprehensively and exhaustively revise, classify, modernize and supersede present laws related to accountants and public ac counting; to enact and establish new laws relating thereto to be known as the "Public Accountancy Act of 1977"; to amend Code Chapter 84-2, relating to accountants, as amended.
Referred to Committee on Banking, Finance and Insurance.

SB 232. By Senators Johnson of the 34th, Riley of the 1st, Wessels of the 2nd and others:
A bill to amend an Act known as the "Georgia Administrative Proce dure Act", as amended, so as to provide that in any case in which a party files a written request for a transcript of an oral proceeding in any contested case, the agency shall not render a decision in such case until such transcript has been furnished and until the party requesting such transcript has been afforded a reasonable opportunity to introduce additional testimony or evidence in such case.
Referred to Committee on Judiciary.

SB 233. By Senators Brantley of the 56th and Stumbaugh of the 55th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the owner of a motor vehicle shall possess a current and valid liability insurance policy stipulating at least minimum insurance coverage or be self-insured before the person operating an official inspection station shall issue a new certificate of inspection and approval.
Referred to Committee on Banking, Finance and Insurance.

SB 234. By Senator Brantley of the 56th:
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 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.

MONDAY, FEBRUARY 7, 1977

417

SB 235. By Senators Howard of the 42nd and Stumbaugh of the 55th:
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 236. By Senators Riley of the 1st, Duncan of the 30th, Dean of the 31st and others:
A bill to amend an Act, as amended, known as the "George L. Smith II Georgia World Congress Center Act", relating to the creation, powers and duties of the George L. Smith II Georgia World Congress Center Authority, so as to provide additional and redefine existing powers of the George L. Smith II Georgia World Congress Center Authority relative to the operation and management of the George L. Smith II Georgia World Congress Center.
Referred to Committee on Rules.

SR 75. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to change the income qualifications for certain elderly and disabled tax payers who are entitled to additional homestead exemptions within Fulton County; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

SR 76. By Senators Wessels of the 2nd, Riley of the 1st, Pearce of the 16th and others:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to exempt a specified percentage, not to exceed 20'/< of the value of certain real property having historical significance from ad valorem taxation.
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 336. By Representatives Knight of the 67th and Mostiler of the 71st:
A bill to amend an Act to abolish the office of Treasurer of Coweta County, so as to vest in the Clerk of the Board of Commissioners of Coweta County all of the duties, powers and functions formerly attached to the office of County Treasurer. Referred to Committee on County and Urban Affairs.

HB 337. By Representatives Knight of the 67th and Mostiler of the 71st: A bill to amend an Act entitled "Coweta County-Pensions and Retire-

418

JOURNAL OP THE SENATE,

ment Pay", as amended, so as to change the definition of county em ployees to include employees of Constitutional officers of Coweta County.
Referred to Committee on County and Urban Affairs.

HB 438. By Representatives Knight of the 67th and Ware of the 68th:
A bill to amend an Act changing the compensation of the sheriff, the judge of the probate court, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the compensation of the sheriff of Coweta County. Referred to Committee on County and Urban Affairs.

HB 506. By Representative Patten of the 149th:
A bill to amend an Act creating the office of Tax Commissioner of Lanier County, as amended, so as to change the compensation of the tax commissioner; to strike the provisions relating to compensation of clerical help. Referred to Committee on County and Urban Affairs.

HB 525. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967, so as to change the jurisdiction of said court; to change the method of appointment of the judge; to change the fees charged in said court; to provide for additional fees.
Referred to Committee on County and Urban Affairs.

HB 538. By Representative Reaves of the 147th:
A bill to amend an Act creating a small claims court in certain counties in this State approved April 4, 1963, as amended, so as change the jurisdiction of said court. Referred to Committee on County and Urban Affairs.

HB 539. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act placing certain of the county officers of Morgan County on an annual salary, so as to change the provisions thereof relative to the compensation of the assistants of the Clerk of the Superior Court of Morgan County. Referred to Committee on County and Urban Affairs.

HB 547. By Representatives Foster and Wheeler of the 152nd and Stone and Greene of the 138th:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court, the Tax Commissioner, the Chairman of the Board of Commis-

MONDAY, FEBRUARY 7, 1977

419

sioners, and the members of the Board of Commissioners of Brantley County.
Referred to Committee on County and Urban Affairs.

HB 553. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act abolishing the fee system as the mode of com pensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960, as amended. Referred to Committee on County and Urban Affairs.

HB 131. By Representatives Hudson of the 137th, Baugh of the 108th, Long of the 142nd and others:
A bill to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation so as to com prehensively revise said Act; to change and add definitions. Referred to Committee on Human Resources.

HB 189. By Representatives Tolbert and Butler of the 56th, Linder of the 44th and Williamson of the 45th:
A bill to amend Code Section 34-1302, relating to voter's certificates, as amended, so as to change the provisions relative to such voter's certificate. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 225. By Representatives Hatcher of the 131st, Evans of the 84th, Karrh of the 106th and Murray of the 116th:
A bill to amend Code Section 26-3201, relating to conspiracy to commit a crime, as amended, so as to change the provisions relating to punish ment. Referred to Committee on Judiciary.
HB 271. By Representatives Coleman of the 118th and Rowland of the 119th:
A bill to provide a new Charter for the City of Dudley, Georgia, in the County of Laurens; 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.

HB 289. By Representative Games of the 43rd:
A bill to amend Code Chapter 46-3, relating to property and persons subject to garnishment, so as to change the provisions relating to garnishment of salaries of government employees. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 293. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the "Georgia Water Quality Control Act", approved March 11, 1964, as amended, so as to amend the policy declared; to require the establishment or revision of permissible limits of surface water usage.
Referred to Committee on Natural Resources and Environmental Quality.

HB 493. By Representatives Foster and Wheeler of the 152nd:
A bill to amend Code Section 92-4101, relating to the millage limitation imposed upon municipal corporations, as amended, so as to exempt the City of Woodbine therefrom; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 583. By Representatives Horton of the 43rd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide for an effective date.
Referred to Committee on Higher Education.

HR 114. By Representatives Jones of the 126th, Triplett of the 128th, 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 Swift Agricul tural Chemicals Corp., a Delaware corporation, and Colonial Land Co., a Georgia corporation, as their interests may appear, their successors and assigns, an irrevocable 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 123. By Representative Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to in crease the civil jurisdiction of justices of the peace in Brooks County; to provide for the submission of this amendment for ratification or . . rejection. Referred to Committee on County and Urban Affairs.
HR 124. By Representatives Tolbert, Johnston and Butler of the 56th and others:
A resolution creating the CETA Study Committee of DeKalb County. Referred to Committee on County and Urban Affairs.
HB 58. By Representatives Stone of the 138th, Harris of the 8th, Foster of the 6th and others:
A bill to amend an act providing minimum salaries for clerks of the

MONDAY, FEBRUARY 7, 1977

421

superior courts, so as to change the minimum salaries; to change the provisions relating to clerks who also serve as clerks of other courts.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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

Senator Howard of the 42nd 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 163. Do pass as amended. Respectfully submitted, Senator Howard of 42nd District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 85. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 105-2, relating to negligence, as amended, so as to provide for a local level of skill for persons against whom an action is brought for the negligent practice or performance of certain professions, businesses or trades.

SB 97. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to delete therefrom Section 95A-206 in its entirety; to add a new chapter, entitled "Chapter 13 Mass Transporta tion", to the Georgia Code of Public Transportation.

SB 103. By Senator Summers of the 53rd:
A bill to provide for the protection of caves; to provide a short title; to make certain findings and declaration of policy; to provide for definitions; to prohibit certain acts of vandalism; to prohibit the sale of speleothems without permission.

SB 162. By Senator Robinson of the 27th:
A bill to be entitled an Act 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

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JOURNAL OP THE SENATE,

Armed Forces of the United States shall be exempt from the require ments of having a driver's license under certain circumstances.

SB 181. By Senators Hudgins of the 15th, Russell of the 10th and Dean of the 6th:
A bill to amend an Act known as the "Georgia Military Forces Re organization Act of 1955", as amended, so as to authorize and direct the Adjutant General of Georgia to establish post exchanges or canteens to be owned and operated exclusively by National Guard units.

SB 198. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend the Driver's Licensing Act, to provide jurisdiction of certain courts of municipalities to try certain offenses; to provide proce dures and disposition of fines.

SB 199. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend Code Chapter 68-99, relating to the penalty for owning or operating any motor vehicle as described in Code Section 68-201, without complying with Code Section 68-201, so as to provide for juris diction of certain courts of municipalities to try and dispose of such cases of non-compliance; to provide for disposition of fines; to provide for the jurisdiction, practices, and procedures in connection with the foregoing.

SB 202. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others:
A bill to amend an Act known as the "Unemployment Compensation Law", as amended, (now Employment Security Law), so as to provide certain transitional unemployment insurance coverage reimbursable by Federal funds until regular coverage is provided.

SR 59. By Senator Brown of the 47th:
A resolution authorizing and directing the State Department of Trans portation to designate a bridge in Stephens County, Georgia, as the "John Paul Johns Bridge".

SR 31. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for additional penalty as sessments in criminal cases and provide that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials.

HB 431. By Representatives Rainey of the 135th, Gammage of the 17th, Twiggs of the 4th and others:
A bill to make unlawful the hunting of deer, turkey and bear in this

MONDAY, FEBRUARY 7, 1977

423

State; to make unlawful certain fishing activities in the State; to pro vide for penalties; to provide for the enforcement of this Act; to provide an effective date.

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 158. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers there of, as amended.

Senator Reynolds of the 48th offered the following amendment:
Amend SB 158 by striking on Page 2, line 7 in its entirety and inserting in lieu thereof the following:
"$32,500.00 per annum, except that said reduction shall not ex ceed $3,000.00."

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, was agreed to as amended.

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 184. By Senator Kidd of the 25th:
A bill to provide for the compensation of the members of the board of commissioners of counties in this State having a population of not less than 8,350 or more than 8,400 according to the United States Decennial Census of 1970 or any future such census; to provide for certain travel expenses.

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.

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SB 196. By Senators Riley of the 1st and Wessels of the 2nd:
A bill to amend an Act implementing the provisions of Article V, Sec tion VII, Paragraph II of the Constitution of the State of Georgia, creating the Savannah District Authority, now known as the Savannah Port Authority, so as to provide an alternative procedure whereby the Savannah Port Authority can stimulate industrial expansion and de velopment.

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 29. By Representative Howell of the 140th:
A bill to amend an Act creating a small claims court in certain counties of this State, approved Mar. 10, 1966, so as to change the provisions relating to the jurisdiction 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 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

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

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans
Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce
Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

MONDAY, FEBRUARY 7, 1977

425

Those not answering were Senators:

Coverdell

Dean of 31st

Tate

Senator Hill of the 29th introduced the chaplain of the day, Reverend Kenneth C. Mauldin, pastor of Second Baptist Church, LaGrange, Georgia, who offered prayer.

Senator Starr of the 44th introduced the doctor of the day, Dr. Wells Riley, of Jonesboro, Georgia.

The following resolutions of the House were read and adopted:

HR 152. By Representatives Dent of the 85th, Murphy of the 18th, Clark of the 55th and others:
A resolution establishing Georgia Black Festival Month in Georgia.

HR 155. By Representatives Ham of the 80th, Murphy of the 18th, Wood of the 72nd and others:
A resolution relative to efforts to obtain direct European flight service for Atlanta.

HR 156. By Representatives Ham of the 80th, Murphy of the 18th, Wood of the 72nd and others:
A resolution relative to efforts to obtain direct European flight service for Atlanta.

The following communications from the Honorable Ben W. Fortson, Jr., Secretary of State, were received and read by the Secretary:
SECRETARY OF STATE State Capitol Atlanta 30334
February 4, 1977
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of February 4,

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1977, being numbered 359 through 428, in accordance with Act No. 1294 (H.B. 1210), Georgia Laws, 1970.

With best wishes, I am
Sincerely your friend, /a/ Ben W. Fortson, Jr.
Secretary of State
Enclosure
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the four pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 359 through 428), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1977 Session of the Georgia General Assembly as of Friday, February 4, 1977, in accordance with Act No. 1294, Georgia Laws, 1970, as the same appears of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 4th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-seven and of the Independence of the United States of America the Two Hundred and first.
/s/ Ben W. Fortson, Jr. Secretary of State

359. C. D. Ellington Apartment Owners and Managers Association 200 Candler Building Atlanta, Georgia 30303
360. Kern Toole Common Cause 1898 Wycliff Road, N. W., #2 Atlanta, Georgia 30309
361. Dr. Jack Blackstone Georgia Association for Retarded Citizens 1575 Phoenix Boulevard Suite 8 Atlanta, Georgia 30349
362. Ernest LaBelle TRW, Inc. One Space Park Redondo Beach, California 90278
363. B. J. Lamb Georgia State Fox Hunters Association Route 4, Box 240-A Monroe, Georgia 30655

364. Donnie M. Dennison L.I.U.N.A. (Laborers Interna tional Union North America) Post Office Box 5346 Atlanta, Georgia 30307
365. Russell A. Williams L.I.U.N.A. (Laborers Interna tional Union North America) 1004 Edgewood Avenue, N. E. Atlanta, Georgia 30307
366. Don G. Sewell Marion Laboratories Route 2, Box 43 Nocona, Texas 76255
367. Alien D. Stephenson Registered Agent Georgia Industrial Developers Assn. Athens Area Chamber of Commerce Post Office Box 948
Athens, Georgia 30603 368. Fred B. Kitchens, Jr.
Georgia Distilled Spirits Institute

MONDAY, FEBRUARY 7, 1977

427

One Piedmont Center Suite 410 3565 Piedmont Road, N. E. Atlanta, Georgia 30305
369. Joe E. Sloan General Motors Corporation 5730 Glenridge Drive, N. E. Atlanta, Georgia 30328
370. J. Robert Benton Wine Institute 1001 International Boulevard Suite 107 Atlanta, Georgia 30354
371. Roy J. Nicholson Georgia Professional Barbers Assn., Inc. 11 West Wieuca Road, N. W. Atlanta, Georgia 30342
372. James A. Gray, III Georgia Manufactured Housing Assn. 38 Camden Road, N. E. Atlanta, Georgia 30309
373. William E. Renouf Associates Management Corp. Dartmouth Building Suite 350 3395 Northeast Expressway Atlanta, Georgia 30341
374. Elon Gene Altaian Equalizing Laws on New Issues 2910 Clairmont Road Atlanta, Georgia 30329
375. Jay Bowman Georgia Right to Life Comm. 3187 Prancine Drive Decatur, Georgia 30033
376. Milton L. Howard Student Rights Agenda 3916 Briarglen Court Doraville, Georgia 30340
377. Michael Rudy Texaco, Inc. 5024 Winding Branch Drive Atlanta, Georgia 30338
378. George Applewhite CWA Georgia Political Council Route One, Box 209M Evans, Georgia 30809
379. J. Dale Abston CWA Georgia Political Council 309 Delaware Avenue Warner Robins, Georgia 31093

380. Paul A. Lutz Georgia State Association Life Underwriters 1801 Peachtree Street, N. E. Suite 300 Atlanta, Georgia 30309
381. Bill P. Bates Chevron USA, Inc. Post Office Box 1706 Atlanta, Georgia 30301
382. Wilson Still Southern Guaranty Insurance 2827 Fernway Drive Montgomery, Alabama 36111
383. Charles Fortson CWA Georgia Political Council B-6 Trail Creek Estates Athens, Georgia 30601
384. Glint Gillespie, Jr. CWA Georgia Political Council Post Office Box 431 Locust Grove, Georgia 30248
385. Roger Speck CWA Georgia Political Council 3330 Brenda Lane Lithia Springs, Georgia 30057
386. Leonard D. Daniell Animal Kingdom 880 Wildwood Road, N. E. Atlanta, Georgia 30324
387. W. T. Walsh State Bar of Georgia 1200 C & S National Bank Building Atlanta, Georgia 30303
388. J. R. Lunsford, III State Bar of Georgia 3100 Equitable Building Atlanta, Georgia 30303
389. T. P. Terrell State Bar of Georgia Emory Law School Atlanta, Georgia 30322
390. J. Lucius Black Georgia Farm Bureau Route 2 Preston, Georgia 31824
391. Robert L. Pennington Seaboard Coastline Railroad 1400 Candler Building Atlanta, Georgia 30303

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392. Waldo E. Spence Atlanta Gas Light Company Post Office Box 4569 Atlanta, Georgia 30302
393. William J. Hunter International Association of Firefighters, Local 134 7381 Mockingbird Trail Riverdale, Georgia 30274
394. Michael W. Broadbear Downside Risk, Inc. Suite 301--One Piedmont Center 3565 Piedmont Road Atlanta, Georgia 30305
395. Richard J. Alien Fraternal Order of Police 1110 C. Third Street Stone Mountain, Georgia 30083
396. Lee M. Sessions, Jr. C & S National Bank 99 Annex Atlanta, Georgia 30399
397. Gerald J. (Jerry) Sweeney DeKalb County Young Republicans 1980 Timothy Drive, N. E. Atlanta, Georgia 30329
398. Margaret Kreyer Georgia State Racing Assn. 2890 Lake Colony Drive Norcross, Georgia 30071
399. Diana Barrentine Georgia State Racing Assn. 3301 Henderson Mill Road Chamblee, Georgia 30341
400. William E. Peacock Fraternal Order of Police 1202 Goldsmith Road Stone Mountain, Georgia 30083
401. Sandra E'Lane Holcomb Georgia Society of CPA's 1504 William-Oliver Building Atlanta, Georgia 30303
402. Pat King International Food Service Executives Association (Atlanta Branch) 766 Virginia Circle, N. E. Atlanta, Georgia 30306
403. Rosemary Harte Georgia Association of Realtors 2751 Buford Highway, N. E. Atlanta, Georgia 30324

404. T. Craig Bass Registered Agent Building Owners & Managers of Atlanta Georgia Tire Dealers & Retreaders Association Georgia Chapter, American Subcontractors Association Automotive Service Council of Georgia Georgia State Association of Life Underwriters
405. Roland C. Stubbs Apartment Owners and Man agers Association 2914 Poplar Street Doraville, Georgia 30340
406. C. W. S. Home The Federal Land Bank of Columbia 261 Glenkirk Lane Lexington, South Carolina 29072
407. Carl T. Martin, Jr. United States Brewers Association The Koger Executive Center 2965 Flowers Road South Suite 133 Atlanta, Georgia 30341
408. Quinton S. King Georgia Association of Realtors 880 Johnson Ferry Road Atlanta, Georgia 30342
409. J. L. Shields Cobb Sales Company 574 Marietta Street, N. W. Atlanta, Georgia 30313
410. Carl Parks Allstate 3585 Northside Parkway Atlanta, Georgia 30327
411. Keith R. Ashby General Telephone 219 Gardenia Drive Moultrie, Georgia 31768
412. W. H. Hosch Fulton National Bank Post Office Box 4387 Atlanta, Georgia 30302
413. Edward J. Keady Georgia State Racing Assn. 330 Buckeye Road Atlanta, Georgia 30341

MONDAY, FEBRUARY 7, 1977

429

414. Joy R. Huie Georgia School Food Service 5170 Woodland Drive Forest Park, Georgia 30050
415. Marie J. McGlaun Georgia School Food Service 2917 Edge-wood Road Columbus, Georgia 31906
416. Gerald N. Brunson Merck, Sharp & Dohme 4940 Wind Haven Court Dunwoody, Georgia 30338
417. J. W. Holderfield DeKalb Medical Society 755 Columbia Drive Decatur, Georgia 30030
418. George W. Edwards, Jr. Georgia Power Company 1493 Fairview Road, N. W. Atlanta, Georgia 30306
419. Sharon Greene Apartment Owners and Managers Association 1019 Windmere Drive Norcross, Georgia 30071
420. Ronald L. Reid Brunswick Corporation 12th Floor C & S Bank Building Atlanta, Georgia 30303
421. Louis C. Harvey Brunswick Corporation 1939 Pioneer Road Fond Du Lac, Wisconsin 54935

422. Frank Scalpone National Association of Engine and Boat Manufacturers Box 5555, G.C.S. New York, New York 10017
423. Thomas E. Joiner Behavioral Systems, Inc. Two Northside 75 Atlanta, Georgia 30318
424. John N. Booth Southern Bell Telephone
Company 125 Perimeter Center West Atlanta, Georgia 30347 425. James R. Newman Southern Bell Telephone
Company 125 Perimeter Center West Atlanta, Georgia 30347
426. Robert E. Cantrell Georgia State Council of Machinists 129 Gaylor Street Smyrna, Georgia 30080
427. Julia T. Dyar Georgia Press Association 1075 Spring Street, N. W. Atlanta, Georgia 30309
428. John Blackmon Registered Agent The Diamondhead Corporation The Goethe Institute 2400 First National Bank Building Atlanta, Georgia 30303

SECRETARY OF STATE State Capitol Atlanta 30334
February 7, 1977
Honorable Hamilton McWhorter Secretary of Senate State Capitol Atlanta, Georgia 30334

Dear Hamilton:

Please add the following information to your certified list of those persons registered in the Docket of Legislative Appearance:
John P. Tucker, Jr. Registered Agent 172 Also represents Cousins Properties, Inc.

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JOURNAL OF THE SENATE,

Joe W. Andrews, Jr. Registered Agent 263 Also represents Optics, Inc. and Equifax

Very sincerely yours,

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

SENATE CALENDAR
Monday, February 7, 1977
SB 44. Water Quality Control--permissible limits of surface water usage (SUB)
SB 1. Industrial Loans Act--penalties (SUB) SB 46. Cosmetologists--license persons from other states (SUB) SB 49. Election Code--application for absentee ballot SB 50. Municipal Election Code--applications for absentee ballots SB 51. Right to Vote--challenge of any person SB 52. Motor Vehicle Accident Reparations Act--proof of insurance
(SUB) SB 57. Corporal Punishment in Public Schools--circumstances SB 69. Chaplains Employed by State--may sell services to another
Department SB 71. Joint Government Operations Committee Act--create SB 80. School Systems--use of school buses for handicapped SB 81. Council on Aging--create SB 92. Board of Regents--compensation and expenses (SUB) SB 96. Motor Vehicle Accident Reparations Act--correlation of benefits
(SUB) SB 99. Emergency Medical Technicians--definition, training and duties SB 152. County Taxes--levied for development of trade, commerce, industry SB 153. City Taxes--levied for development of trade, commerce, industry SB 168. State Employee--no coercion of contributions to political party SB 183. State Employees--engage in political activities certain conditions SB 187. State Employees--prohibit contributions to certain candidates SR 32. Certain School District Debts--obligation of State SR 40. John C. Barrow Memorial Bridge--designating HB 24. Polling Place--no activity within 250 feet of

MONDAY, FEBRUARY 7, 1977

431

HB 25. Financial Disclosure Act--change certain requirements
HB 26. Polling Place--no activity within 250 feet of
HB 33. Election Contest--procedure to determine which judge shall preside
HB 54. Signatures for Petitions on Election Day--prohibit within certain distance

The following general bill of the Senate, which was read the third time on February 3 and postponed until today, was put upon its passage:

SB 44. By Senators Starr of the 44th, Gillis of the 20th, Holloway of the 12th and others:
A bill to amend an Act known as the "Georgia Water Quality Control Act", as amended, so as to amend the policy declared; to require the establishment or revision of permissible limits of surface water usage; to provide the Georgia Environmental Protection Division with certain powers in dealing with the United States regarding management and allocation of the State's surface water resources.

Senator Starr of the 44th moved that SB 44 be committed to the Committee on Natural Resources and Environmental Quality.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 44 was committed to the Committee on Natural Resources and Environmental Quality.

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

SB 1. By Senator Sutton of the 9th:
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 Senate Committee on Banking, Finance and Insurance offered the following substitute to SB 1:
A BILL
To be entitled an Act to amend an Act known as the "Georgia In dustrial Loan Act", approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, so as to change the provisions relative to penalties for violations of said Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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Section 1. An Act known as the "Georgia Industrial Loan Act",
approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, is hereby amended by striking the last sentence of Section 20 of said Act, which reads as follows:

"Any loan contract made in violation of this Act shall be null and void.",

and inserting in lieu thereof the following sentence:

"Whenever any loan contract is made in violation of this Act, the interest and charges payable under such contract shall be for feited, and only the principal balance of the loan under such con tract may be recovered by the licensee. The unpaid principal and earned charges of a loan contract made in violation of this Act may provide consideration for a renewal contract if the renewal contract complies with this Act.",

so that when so amended Section 20 shall read as follows:

"Section 20. Penalties. Any person who shall make loans under the provisions of this Act without first obtaining a license or who shall make a false statement under oath in an application for a li cense hereunder, or who shall do business while the license of such person under this Act is finally suspended or revoked, or who shall knowingly charge, contract for, receive and collect charges in ex cess of those permitted by this Act shall be punished as for a mis demeanor. Whenever any loan contract is made in violation of this Act, the interest and charges payable under such contract shall be forfeited, and only the principal balance of the loan under such contract may be recovered by the licensee. The unpaid principal and earned charges of a loan contract made in violation of this Act may provide consideration for a renewal contract if the renewal con tract complies with 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 38, nays 4, and the com mittee substitute was adopted.

Senator Broun of the 46th moved that the Senate's action in adopting the committee substitute be reconsidered.

On the motion, the yeas were 45, nays 1; the motion prevailed, and the com mittee substitute to SB 1 was reconsidered.

Senator Broun of the 46th offered the following amendment: Amend the substitute offered by the Committee on Banking, Finance

MONDAY, FEBRUARY 7, 1977

433

and Insurance to SB 1 by inserting after the word "licensee" on line 18 of Page 1 the following:

"except for when the violation is willful and is one where the rate of interest exceeds that provided by law".

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 46, nays 0, and the com mittee 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.
Before the roll call was taken, Senator Kidd of the 25th asked unanimous consent that he be allowed to abstain from voting due to the fact that he had a financial interest in a loan company. The consent was granted.

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

Those voting in the affirmative were Senators:

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

Foster Gillis Greene Hill Holloway Hudgins Hudson Kennedy Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Russell Scott Shapard Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Barnes Bond

Evans Howard

Johnson Robinson

Not voting were Senators:

Kidd (abstained)

Tray lor

On the passage of the bill, the yeas were 47, nays 7.

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

SB 46. By Senators Kidd of the 25th, McGill of the 24th, Bond of the 39th and others:
A bill to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, as amended, so as to provide for licensure of certain persons licensed as master cosmetologists in other states.

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following substitute to SB 46:
A BILL
To be entitled an Act to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, ap proved March 11, 1963 (Ga. Laws 1963, p. 45), as amended, so as to provide for licensure of certain persons licensed as master cosmetologists in other states; to provide fees for holders of certificates of registration learning the occupation under a cosmetologist; to limit the renewal of such certificates; to provide for the registration of certain persons work ing in beauty shops and salons; to provide for fees; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, approved March 11, 1963 (Ga. Laws 1963, p. 45), as amended, is hereby amended by adding at the end of Section 10 a new sentence to read as follows:

"Should an applicant have a current license of a master cos metologist in force from another state and have paid to the Joint Secretary, State Examining Boards, a fee of thirty-five ($35.00) dollars, said applicant shall be issued a certificate of registration entitling him or her to practice the occupation of a master cos metologist, subject to the terms and provisions of this Act."
Section 2. 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. Nothing in this Act shall prohibit any person over the age of 16 years from learning said occupation under a cosmetologist, providing said cosmetologist has had at least three years' experience and has for three years held a license of a master cosmetologist, or under an instructor in a beauty school, college or school of cosmetology, who himself has been a journeyman cos-

MONDAY, FEBRUARY 7, 1977

435

metologist for a period of at least three years and has registered under this Act. Every such person desiring to so learn said oc cupation shall file with the Joint Secretary, State Examining Boards, a statement in writing showing his or her name and the place of his or her employer or instructor and shall pay to said Secretary a fee of ten ($10.00) dollars, and said applicant shall receive a certificate of registration showing the capacity in which he is per mitted to practice said occupation. Said certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the Secretary and the payment of a renewal fee of ten ($10.00) dollars. A certificate of registration authorizing a person to learn the occupation under a cosmetologist shall not be renewed more than one time; and upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice the occupation in any capacity."

Section 3. Said Act is further amended by adding between Section 11 and Section 12 a new Section to be designated Section 11A to read as follows:

"Section 11A. A beauty shop or salon shall be authorized to em ploy a person to wash and shampoo hair, provided such person has satisfactory proof that she is free from infectious or contagious disease, and provided such person pays a registration fee of ten ($10.00) dollars and an annual renewal fee of ten ($10.00) dollars. A person employed under this Section who is not studying cos metology under a licensed cosmetologist pursuant to Section 11 shall not be considered an apprentice and shall not receive any credit hours for such work."

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.

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.

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes

Bell Bond Brantley Broun of 46th Brown of 47th

Carter Dean of 6th Dean of 31st Doss Duncan

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Eldridge English Evans
Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson

Kennedy Kidd Langford
Lester McGill Overby Paulk Pearce Reynolds Robinson Russell Scott Shapard

Starr Stephens Stumbaugh
Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Not voting were Senators:

Coverdell

Riley (excused conferee)

Traylor

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 49. By Senators Kidd of the 25th, Traylor of the 3rd, McGill of the 24th and others: A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for applications for absentee ballots; to provide for the processing of applications for absentee ballots; to provide for the control of application forms.
Senator Johnson of the 34th offered the following amendment:
Amend SB 49 by adding after the word "over." on line 5 of Page 2, the following:
"Upon proof that the elector has no relative, the absentee ballot may be applied for by any person eighteen years of age or over who possesses a valid power of attorney from- the elector authorizing such person to make such application."
On the adoption of the amendment, the yeas were 45, nays 0, and the amend ment offered by Senator Johnson of the 34th was adopted.
Senator Barker of the 18th offered the following amendment:
Amend SB 49 by striking "70,000" and inserting "60,000" in Section 4, line 17, Page 5.

MONDAY, FEBRUARY 7, 1977

437

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment offered by Senator Barker of the 18th was adopted.

Senator Evans of the 37th offered the following amendment:
Amend SB 49 by deleting on Page 1, lines 4 and 5, the following; language:
"to provide for the control of application forms;", and by deleting in their entirety Sections (c) and (d) on Page 3, lines 27-33.

On the adoption of the amendment, the yeas were 4, nays 30, and the amend ment offered by Senator Evans of the 37th was lost.

Senator Gillis of the 20th offered the following amendment:
Amend SB 49 by adding on Page 2, line 2, after the word "father," the following:
"step-father, step-mother,".

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment offered by Senator Gillis of the 20th was adopted.

Senator Greene of the 26th offered the following amendment: Amend SB 49 as follows: By deleting from line 9 of Page 1 the following: "to provide for the counting of absentee ballots;", By deleting in its entirety Section 5; And, by renumbering Section 6 as Section 5.

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment offered by Senator Greene of the 26th 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:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Not voting were Senators:

Doss

Timmons

Traylor

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

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 50. By Senators Kidd of the 25th, Traylor of the 3rd, McGill of the 24th and others:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for applications for absentee ballots; to provide for the counting of absentee ballots.

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:

Allgood Ballard Banks Barker Barnes

Bell Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 31st Duncan Eldridge

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439

English Evans Fincher Foster Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd

Langford Lester McGill Overby Paulk Pearce Reynolds Robinson Russell Scott Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Not voting were Senators:

Dean of 6th Doss

Gillis Holloway (presiding)

Riley (excused conferee) Traylor

On the passage of the bill, the yeas were 50, nays 0.

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

SB 51. By Senators Kidd of the 25th, McGill of the 24th, Dean of the 6th and others:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for challenges to the right to vote of any 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:

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

English Evans Foster Greene Howard Hudson Kennedy Kidd Langford Lester McGill Overby
Paulk
Pearce
Reynolds

Riley Robinson Russell Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger
Walker
Wessels

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Barnes Coverdell Fincher

Hill Johnson

Shapard Stumbaugh

Not voting were Senators:

Gillis Holloway (presiding)

Hudgins Summers

Traylor

On the passage of the bill, the yeas were 44, nays 7.

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

The President resumed the Chair.

SB 52. By Senators Kidd of the 25th, McGill of the 24th, Bond of the 39th and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to change the provisions relating to proof of insurance.

The Senate Committee on Transportation offered the following substitute to SB 52:

A BILL
To be entitled an Act to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, so as to change the provisions relating to proof of insurance; to make it unlawful to make a false certification as to whether a motor vehicle is insured; to provide penalties; to provide for fees and suspension of a motor vehicle operator's license and motor vehicle license tag in certain cases involving cancellation of the owner's insurance; to provide for the suspension of a motor vehicle operator's license and motor vehicle license tag in cases in which a person is con victed of knowingly operating, or knowingly authorized another to operate, a motor vehicle without effective insurance thereon or without an approved plan of self-insurance; to provide effective dates for periods of suspension of licenses and tags; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, is hereby amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:

MONDAY, FEBRUARY 7, 1977

441

"Section 12. Proof of insurance, (a) (1) From and after July 1, 1977, no motor vehicle shall be licensed by the State of Georgia until the owner has furnished proof in the form hereinafter provided to the licensing authorities that there is in effect the minimum insurance coverage required by this Act, or that there is in effect an approved self-insurance plan. The Commissioner of Public Safety shall prescribe by rules and regulations the necessary information
which shall be required to be furnished in order to satisfy the pro visions of this subsection; however, such information as pertains to the minimum insurance coverage shall contain the sworn state ment of the applicant that minimum insurance is in force and the premium has been paid by the applicant for a period of not less than 90 days beyond the date of application. The insurer, within five (5) days after the effective date of a permitted cancellation of such coverage, shall notify the Department of Public Safety in
writing of the cancellation.

(2) Any person knowingly making a false certification under Section 1 (12) shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than $300.00 or more than $1,000.00, or imprisonment for not less than 10 days or more than 90 days. Upon receipt of notification of such conviction, the Department of Public Safety shall suspend the motor vehicle operator's license and any motor vehicle license tag issued to such person for a period of six months, and thereafter until proof of compliance with the provisions of this Act has been filed and a restoration fee of $25.00 has been paid to the Department.

(b) In cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a notice to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation. Upon receipt of such notice from the Department of Public Safety, it shall be the duty of the owner of such motor vehicle, on such form provided by the De partment of Public Safety, to notify the Department as to whether he has obtained the minimum coverage required by this Act, in dicating the insurance company with which any coverage has been obtained and the policy number or binder number and the certificate required by the Department of Public Safety. Such information shall be furnished to the Department of Public Safety within 15 days of the date on which such notification was mailed by the Department. Such forms shall contain such additional information as may be required by the Department of Public Safety. If such information is not received by the Department of Public Safety within the specified time period or if no minimum insurance coverage has been obtained, the Department shall suspend the motor vehicle operator's license of the owner and the motor vehicle license tag issued to such motor vehicle, and the Department shall notify the owner of the motor vehicle to forward his motor vehicle operator's license and any motor vehicle license tag issued to such vehicle to the Department of Public Safety. Upon satisfactory proof of compliance with the provisions of this Act, the Commissioner shall return any operator's license and motor vehicle license tag suspended under the provisions of this Section to the owner of such motor vehicle;

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provided, however, that in cases where the operator's license and motor vehicle license tag is suspended, the owner shall be required to submit proof of compliance with the provisions of this Act and the payment of a $10.00 restoration fee to the Department in order to receive his operator's license and motor vehicle license tag; pro vided, further that in cases where the operator's license and motor vehicle license tag has been suspended under this subsection for a second or subsequent time during any two-year period, the Depart ment shall suspend the motor vehicle operator's license and the motor vehicle license tag for a period of 60 days, and thereafter until the owner submits proof of compliance with the provisions of this Act and the payment of a $25.00 restoration fee to the Depart ment.

(c) Similarly, in cases in which a person is convicted of knowingly operating, or knowingly authorizing another to operate, a motor vehicle without effective insurance thereon or without an approved plan of self-insurance as required by the Georgia Motor Vehicle Accident Reparations Act, upon receipt of notification of such conviction the Department of Public Safety shall suspend for a period of 60 days the motor vehicle operator's license, and in the case of the owner the license tag for each vehicle involved, and shall not thereafter reinstate such person's operator's license and license tag until such time as proof of compliance with the pro visions of this Act has been filed. If the Department does not have such person's operator's license and license tag, the Department shall notify the person to forward his motor vehicle operator's license, and if he is the owner of the motor vehicle, the license tag for each vehicle involved to the Department of Public Safety. It shall be the duty of the person convicted, on such forms provided by the Department, to notify the Department as to whether he has obtained the minimum insurance coverage required by this Act, indicating the insurance company with which any coverage has been obtained, the policy or binder number, the certificate required by the Department of Public Safety, and such additional information as may be required by the Department. Upon satisfactory proof of compliance with the provisions of this Act and after the 60-day sus pension has ended, proof of minimum insurance coverage has been filed, and the payment of a $25.00 restoration fee has been made to the Department, the Commissioner shall return the operator's license and license tag suspended under the provisions of this Section to the owner or operator of such motor vehicle.

(d) (1) The Department, upon suspending the motor vehicle operator's license or motor vehicle license tag as provided for in this Act, shall require that such license and tag be surrendered to the Department immediately following the effective date of sus pension, and it is the duty of any owner or operator, immediately upon receipt of notice from the Department, to forward the op erator's license and license tag to the Department.

(2) If such motor vehicle operator's license or motor vehicle license tag is not received by the Department of Public Safety with in ten days following the effective date of suspension, the Com missioner of the Department of Public Safety shall forthwith direct

MONDAY, FEBRUARY 7, 1977

443

any member of the Georgia State Patrol or any peace officer to secure possession of such license or tag and return the same to the Commissioner.

(3) Unless otherwise provided in this Section, notice of the effective date of suspension shall occur when the driver received actual knowledge or legal notice thereof, whichever occurs first. For the purposes of making any determination under this Act relating to the return of a suspended motor vehicle operator's license or motor vehicle license tag, no period of suspension under this Act shall begin until the license and tag are surrendered to the Department of Public Safety or to a court of competent jurisdiction under any provisions of this Act, whichever date shall first occur. If the motor vehicle operator's license or motor vehicle license tag is lost or for any other reason surrender to the Department is im possible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the Department.

(4) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle operator's license or motor vehicle license tag.

(5) Any person violating the provisions of this subsection (d) shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than $100.00 or more than $1,000.00, or imprisonment for not less than 10 days or more than 90 days.

(e) For the purposes of this Section, where any provision of this Section requires the Department of Public Safety to give notice to a person affecting such person's motor vehicle operator's license and motor vehicle license tag, the mailing of such notice and the name and address shown on the notice of cancellation supplied by the insurer as required by this Section shall be presumptive evidence that such person received the required notice."

Section 2. This Act shall become effective on July 1, 1977.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute offered by the Committee on Transportation to SB 52 by adding on line 19, Page 6, after (d) the following, "(1)", so that line 19, Page 6 shall read as follows:
"this subsection (d) (1) shall be guilty of a".

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JOURNAL OF THE SENATE,

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 41, 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:

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

Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce

Reynolds' Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Not voting were Senators:

McGill

Stephens

Traylor

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 57. 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.

MONDAY, FEBRUARY 7, 1977

445

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:

Allgood Banks Barker Barnes Broun of 46th Brown of 47th Carter Dean of 6th Eldridge English Pincher Foster Gillis

Greene Hill Holloway Hudgins Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Bell Bond Brantley Coverdell

Dean of 31st Doss Duncan Evans Howard

Hudson Langford Scott Summers Turner

Not voting were Senators:

Russell

Stephens

Traylor

On the passage of the bill, the yeas were 38, nays 15.

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

Senator Barnes of the 33rd moved that SB 57 be immediately transmitted to the House.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 57 was immediately transmitted to the House.

SB 69. 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, as amended, so as to except chaplains from such prohibiting provisions 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:

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

Evans Pincher Foster Gillis
Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Riley Robinson Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Not voting were Senators:

Hudgins Russell

Stephens

Traylor

On the passage of the bill, the yeas were 52, nays 0.

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

SB 71. By Senator Kidd of the 25th:
A bill to be known as the "Joint Government Operations Committee Act"; to provide for a short title; to provide for a definition; to create the Joint Government Operations Committee; to provide for the mem bers, personnel, funds, powers, duties and authority of the committee.

Senator Bell of the 5th offered the following amendment:
Amend SB 71 by striking on line 3 and on line 5, Page 2, the words, "the entire body of", and substituting in lieu thereof, "a majority of the members elected to".

On the adoption of the amendment, the yeas were 46, nays 0, and the amend ment offered by Senator Bell of the 5th was adopted.

MONDAY, FEBRUARY 7, 1977

447

Senator Broun of the 46th offered the following amendment:

Amend SB 71 by adding on Page 3, line 15, after the word "a" and before the word "majority", the following: "two-thirds"; and, by adding on Page 3, line 16, after the word "thereof," and before the word "is", the following: "and approval of the Legislative Services Committee,".

On the adoption of the amendment, the yeas were 46, nays 1, and the amend ment offered by Senator Broun of the 46th was adopted.

Senator Broun of the 46th offered the following amendment:
Amend SB 71 by changing the period to a comma on Page 2, line 18, and adding the following: "and shall be subject to the approval of the Legislative Services Committee."

On the adoption of the amendment, the yeas were 46, nays 1, and the amend ment offered by Senator Broun of the 46th 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 Bell Bond Greene

Hill Hudgins Kidd Langford

Pearce Robinson Sutton Tysinger

Those voting in the negative were Senators:

Allgood Ballard Banks. Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

English Evans Pincher Foster Gil'lis Holloway Howard Hudson Johnson Kennedy Lester McGill Overby Paulk

Reynolds Riley Scott Shapard Starr Stumbaugh Summers Tate Thompson Timmons Turner Walker Wessels

Those not voting were Senators:

Russell

Stephens

Traylor

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 12, nays 41.

The bill, having failed to receive the requisite constitutional majority, was lost.

The President announced that the Senate would stand in recess from 1:37 o'clock P.M. until 2:45 o'clock P.M.

At 2:45 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, called the Senate to order.

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 80. By Senators Barnes of the 33rd, Duncan of the 30th, Hudson of the 35th and others:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, as amended, so as to authorize county and independent school systems to use school buses to provide transportation for the elderly and the handicapped 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:

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

Eldridge English Evans Greene Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Riley Robinson Russell Scott Shapard Stephens Summers Sutton Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Broun of 46th (excused conferee) Fincher Foster

Gillis Hill Holloway (presiding) Starr

Stumbaugh Tate Timmons Traylor

MONDAY, FEBRUARY 7, 1977

449

On the passage of the bill, the yeas were 45, nays 0.

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

The President resumed the Chair.

SB 81. By Senators Barnes of the 33rd, Hudson of the 35th, Duncan of the 30th and others:
A bill to create a Council on Aging; to provide for the appointment and terms of office of members of the Council; to provide for officers; to provide for rules and procedures; to provide for meetings 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge

English Evans Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Walker Wessels

Voting in the negative were Senators Doss and Langford.

Those not voting were Senators:

Broun of 46th (excused conferee) Fincher Foster

Gillis Holloway (excused conferee) Starr

Tate Timmons Traylor

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed.
SB 92. By Senator Broun of the 46th: A bill to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation and expenses of mem-

450

JOURNAL OP THE SENATE,

bers of the Board of Regents; to change the maximum number of days for which a member may receive expenses.

The Senate Committee on Higher Education offered the following substitute to SB 92:
A BILL
To be entitled an Act to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation and expenses of members of the Board of Regents; to change the maxi mum number of days for which a member may receive expenses; to amend an Act providing that the State Board of Education or a com mittee thereof may hold meetings anywhere within or without the State. approved February 18, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 110), so as to change the provisions relative to the compensation and expenses of the members of the Board of Education; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 32-111, to read as follows:
"Section 32-111. Members of the Board of Regents shall receive the sum of $36 per day for each day of actual attendance at meetings of the Board or for each day of travel, within or without the State, as a member of a committee of said Board which has been authorized by the Chairman or by action of the Board, in addition to actual expenses incurred in connection therewith and actual costs of transportation to and from the place of meeting or place of visits or inspections. No member shall be authorized to receive the sums, expenses and costs provided by this Section for more than 60 days per year. Said sums, expenses and costs shall be paid from funds appropriated to or otherwise available to the Board of Regents."
Section 2. An Act providing that the State Board of Education or a committee thereof may hold meetings anywhere within or without the State, approved February 18, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 110), is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. All members of the State Board of Education shall receive the sum of $36 per day for each day of actual attendance at meetings of the Board or for each day of travel, within or without the State, as a member of a committee of said Board which has been authorized by the Chairman or by action of the Board, in addition to actual expenses incurred in connection therewith and actual costs of transportation to and from the place of meeting or place

MONDAY, FEBRUARY 7, 1977

451

of visits or inspections. No member shall be authorized to receive the sums, expenses and costs provided by this Section for more than 60 days per year. Said sums, expenses and costs shall be paid from funds appropriated to or otherwise available to the State Depart ment of Education."

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 1, 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:

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

Evans Fincher Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Voting in the negative was Senator Dean of 6th.

Pearce Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway (excused conferee)

Tate Timmons

Traylor

On the passage of the bill, the yeas were 51, nays 1.

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

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JOURNAL OF THE SENATE,

SB 96. By Senators Lester of the 23rd, Thompson of the 32nd and Starr of the 44th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to provide for certain correlation of benefits.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 96:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, so as to provide for certain correlation of benefits; 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 known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113). as amended, is hereby amended by striking subsection (a) of Section 9 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The benefits payable under this Act shall not be reduced or eliminated by any worker's compensation benefits, medical pay ments benefits or any other disability benefits, wage loss benefits or hospitalization benefits that the injured person is entitled to receive; provided, that, in those instances where the benefits pay able under this Act have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any worker's compensation law, such bene fits payable under this Act shall be reduced or eliminated to the extent of the amount of the benefits which the injured person receives or is entitled to receive under such worker's compensation law."
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 Pearce of the 16th offered the following amendment:
Amend the substitute offered by the Committee on Banking, Finance and Insurance to SB 96 by striking the following on lines 25 and 26, Page 1: "or is entitled to receive".

MONDAY, FEBRUARY 7, 1977

453

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment offered by Senator Pearce of the 16th was adopted.

Senator Langford of the 51st offered the following amendment:
Amend the substitute offered by the Committee on Banking, Finance and Insurance by striking on Page 1, lines 1 through 5 in their entirety and inserting in lieu thereof the following: "To repeal an Act known as the 'Georgia Motor Vehicle Accident Reparations Act', approved Feb. 28, 1974 (Ga. Laws 1974, p. 113), as amended."; and, by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act known as the 'Georgia Motor Vehicle Ac cident Reparations Act', approved Feb. 28, 1974 (Ga. Laws 1974, p. 113), as amended, is hereby repealed in its entirety."

Senator Overby of the 49th moved that SB 96 be committed to the Com mittee on Banking, Finance and Insurance.

On the motion, the yeas were 37, nays 9; the motion prevailed, and SB 96 was committed to the Committee on Banking, Finance and Insurance.

Senator Starr of the 44th assumed the Chair at the direction of the President.

SB 99. By Senator Holloway of the 12th:
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.

Senators Barnes of the 33rd and Johnson of the 34th offered the following amendment:
Amend SB 99 by striking Section 12 in its entirety on Page 8, and by renumbering Sections 13 and 14 as Sections 12 and 13; and, by striking on Page 1, lines 13 and 14, the following: "to provide for the limitation of liability for acts of certain persons!"

On the adoption of the amendment, the yeas were 24, nays 16, and the amend ment offered by Senators Barnes of the 33rd and Johnson of the 34th was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend SB 99 by adding a new Section 13 to read as follows: "This Act shall not apply to any county whose population is under 40,000." and, by renumbering Sections 13 and 14 to Sections 14 and 15.

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JOURNAL OF THE SENATE,

On the adoption of the amendment, 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:

Allgood Ballard Barker Barnes Bond Brantley Brown of 47th Dean of 6th

Dean of 31st English Foster Gillis Hill Johnson Kennedy Kidd

Those voting in the negative were Senators:

Banks Bell Broun of 46th Carter Coverdell Doss Eldridge Evans Fincher Greene

Holloway Howard Hudgins Hudson Paulk Pearce Reynolds Riley Scott

Those not voting were Senators:

Duncan Robinson

Russell Starr (presiding)

Langford Lester McGill Overby Stephens Summers Walker
Shapard Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Wessels
Traylor

On the adoption of the amendment, the yeas were 23, nays 28, and the amendment offered by Senator Kidd of the 25th was lost.

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

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

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter

Coverdell Dean of 31st Doss Eldridge English Evans Fincher Foster Greene

Hill Holloway Howard Hudgins Hudson Johnson Langford Lester Overby

MONDAY, FEBRUARY 7, 1977

455

Paulk Pearce Reynolds Riley Robinson Scott

Shapard Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Turner Tysinger Wessels

Those voting in the negative were Senators:

Ballard Brown of 47th Dean of 6th

Gillis Kennedy Kidd

McGill Walker

Those not voting were Senators:

Duncan Russell

Starr (presiding)

Traylor

On the passage of the bill, the yeas were 44, nays 8.

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

The President resumed the Chair.

SB 152. By Senator Doss of the 52nd:
A bill to amend Code Section 92-3701, relating to the purposes for which counties may levy taxes, as amended, so as to provide that county taxes may be levied and collected to provide for the development of trade, commerce, industry and employment opportunities, including financial assistance to their respective county development authorities.

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

On the passage of the bill, 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 English Evans Fincher Foster Gillis Greene Holloway

Howard Hudgins Hudson Johnson Kennedy Kidd Langf ord McGill Overby Paulk

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JOURNAL OP THE SENATE,

Pearce Reynolds Riley Scott Shapard Starr

Stephens Stumbaugh Summers Tate Thompson Timmons

Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Barnes

Dean of 6th Hill

Lester Button

Those not voting were Senators:

Duncan Robinson

Russell

Traylor

On the passage of the bill, the yeas were 46, nays 6.

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

SB 153. By Senator Doss of the 52nd:
A bill to provide that municipal corporations may levy and collect municipal taxes to provide for the development of trade, commerce, industry and employment opportunities, including financial assistance to their respective municipal development authorities.

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

On the passage of the bill, 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 English
Evans Fincher

Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd
Langford McGill Overby Pearce
Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons
Turner Tysinger Walker Wessels

MONDAY, FEBRUARY 7, 1977

457

Those voting in the negative were Senators:

Allgood Barnes

Dean of 6th Hill

Lester Sutton

Those not voting were Senators:

Duncan Paulk

Russell

Traylor

On the passage of the bill, the yeas were 46, nays 6.

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

SB 168. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for any officer or employee of this State to directly or indirectly coerce or attempt to coerce, com mand or advise any other State officer or employee to pay, lend or con tribute any part of his salary, kick back any sum of money, or any thing else of value to any party, committee, organization, agency or person for political purposes.

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:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford
Lester McGill Overby Paulk
Pearce

Those not voting were Senators:

Duncan

Russell

Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Traylor

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

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

SB 183. By Senator Kidd of the 25th:
A bill to authorize State employees to engage in political activities 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:

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

Evans Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons
Turner Tysinger Walker Wessels

Voting in the negative were Senators Hill and Scott.

Not voting were Senators Russell nad Traylor.

On the passage of the bill, the yeas were 52, nays 2.

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

SB 187. By Senators Sutton of the 9th, Langford of the 51st, Foster of the 50th and others:
A bill to amend the Campaign and Financial Disclosure Act, as amended, so as to prohibit contributions by certain organizations to certain public officials and to certain candidates for public office.

MONDAY, FEBRUARY 7, 1977

459

Senator Shapard of the 28th offered the following amendment:

Amend SB 187 by striking on line 21, Page 1, after the word "value",

"or service", so it reads "thing of value, directly or indirectly,".

Senator Shapard of the 28th offered the following amendment:

Amend SB 187 by striking on Page 2, line 17, "(B)" through line 27, and changing the letter "(C)" on line 28 to "(B)".

Senator Evans of the 37th moved that SB 187 be committed to the Com mittee on Judiciary.

Senator Sutton of the 9th moved that the motion by Senator Evans of the 37th be amended to commit SB 187 to the Committee on Economy, Reorganization and Efficiency in Government.

On the motion, the yeas were 38, nays 3; the motion prevailed, and the motion by Senator Evans of the 37th was amended to commit SB 187 to the Committee on Economy, Reorganization and Efficiency in Government.

On the motion by Senator Evans of the 37th, the yeas were 42, nays 7; the motion prevailed as amended, and SB 187 was committed to the Committee on Economy, Reorganization and Efficiency in Government.

SR 32. 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 rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Subparagraph (c) of Paragraph I, of Section III, of Article VII of the Constitution is hereby amended by striking there from 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,

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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 the Constitution of
1945. 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 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 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 IX, 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 require ments 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 out standing at any time shall not exceed $18 million dollars, and the aggregate amount of guaranteed revenue debt incurred to pur chase, 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 purpose 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 pay ments 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, ex tend, enlarge or improve land, waters, property, highways, build ings, structures, equipment or facilities of the State, its agencies, departments, institutions, and those State Authorities which were created and activated prior to the Amendment adopted November

MONDAY, FEBRUARY 7, 1977

461

8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitu tion of 1945, 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 in curred 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 trans portation facilities or systems or water or sewage treatment facil ities or systems or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational pur poses. No debt may be incurred under this subparagraph (c) at any time when the highest 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 IX, Section VI, Paragraph I (a) of this Constitution are applicable, ex ceed 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 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 re quirements 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 XII, Section I, Para graph I of the Constitution of Georgia of 1976.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

) YES ) NO

Shall the Constitution be amended so as to permit the issuance of general obligation debt of the State for the purpose of constructing, acquiring, improving, extend ing and enlarging buildings and facilities for public and independent school systems?"

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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.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 3'lst Doss Duncan Eldridge English

Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Over by Paulk

Pearce Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Not voting were Senators Russell and Traylor.

On the adoption of the resolution, the yeas were 54, nays 0.

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

SR 40. By Senator Hill of the 29th: A resolution designating the John C. Barrow Memorial Bridge.

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

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

MONDAY, FEBRUARY 7, 1977

463

Those voting in the affirmative were Senators:

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

Evans Fincher Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Paulk Pearce

Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Foster

Overby Russell

Summers Traylor

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, 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 5:20 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 Tuesday, February 8, 1977

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Holloway of the 12th, President Pro Tempore.

Senator Johnson of the 34th 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 555. By Representative Rowland of the 119th: A bill to amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees so as to change the compensation of the Judge of the Probate Court.
HB 556. By Representative Rowland of the 119th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County so as to change the compensation of the tax commis sioner.
HB 557. By Representative Rowland of the 119th: A bill to amend an Act creating the State Court of Laurens County so as to change the provisions relative to the compensation of the judge and solicitor.

HB 560. By Representative Bray of the 70th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Talbot County, known as the fee system; to provide in lieu thereof an annual salary.

HB 561. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Warm Springs, ap proved December 20, 1893, as amended, so as to change the compensation of the Mayor and Council.

TUESDAY, FEBRUARY 8, 1977

465

HB 563. By Representative Sizemore of the 136th:
A bill to amend an Act establishing a State Court of Worth County so as to change the salary of the judge and the solicitor of said court.

HB 569. 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, as amended, so as to increase the compensation of the Judge of the Probate Court of Upson County.

HB 570. By Representative Adams of the 79th:
A bill to amend an Act providing for the compensation of the Sheriff of Upson County and providing for said salary to be in lieu of the fee system of compensation, so as to increase the annual salary of the Sheriff of Upson County.

HB 573. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to create the Albany-Dougherty Inner City Authority; to establish said Authority as a public body corporate and politic and as an instru mentality of the State of Georgia; to provide for the membership of the Authority and the terms of its members.

HB 577. By Representative Ham of the 80th:
A bill to amend an Act to abolish the present method of compensating the Sheriff of Monroe County so as to provide for a budget for the sheriff; to provide for arbitration concerning budget disputes.

HB 582. By Representatives Rush of the 121st and Kemp 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 the manner of electing said members.

HB 589. By Representative Ham of the 80th:
A bill to amend an Act to abolish the offices of tax collector and tax receiver in and for the County of Monroe, and to create in their stead a county tax commissioner for Monroe County, as amended.

HB 57. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend Code Chapter 79A-4, relating to pharmacists, as amended, so as to provide for the substitution of certain generic and brand name drugs; to provide for recording of substitutes.

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JOURNAL OP THE SENATE,

HB 162. By Representatives Hatcher of the 131st, Taggart of the 125th, Bray of the 70th and others:
A bill to provide the superior courts with concurrent jurisdiction to en force by contempt certain orders, judgment or decrees.

HB 163. By Representatives Hatcher of the 131st, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Chapter 59-1, relating to jury commissioners and the selection of jurors, as amended, so as to provide that persons placed on first offender probation for crimes involving moral turpitude shall be ineligible to serve on juries.

HB 166. By Representatives Hatcher of the 131st, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Chapter 24-39, relating to powers of the Supreme Court, so as to authorize the Supreme Court to receive and answer certificates as to State law from Federal appellate courts.

HB 212. By Representatives Mann, Clark and Milford of the 13th and others:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to require hospitals and related institutions to submit written reports of certain personnel actions to the Composite State Board of Medical Examiners.

HB 227. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Au thority Act," so as to change certain definitions; to delete the authority of ex officio members of the Authority to delegate certain powers to their deputies.

HB 297. By Representatives Williamson of the 45th, Milford of the 13th, Pinkston of the 100th and others:
A bill to amend an Act commonly known and referred to as the "In tangible Property Tax Act of 1953" as amended, so as to remove the maximum amount of intangible property tax payable with respect to any long-term note secured by real estate.

HB 264. By Representatives Parham of the 109th, Cooper of the 19th and Baugh of the 108th:
A bill to amend Code Section 79A-806, relating to controlled substances contained in Schedule I of the Georgia Controlled Substances Act, as amended, so as to add a certain drug to the list of Schedule I controlled substances.

TUESDAY, FEBRUARY 8, 1977

467

HB 268. By Representatives Parham of the 109th, Cooper of the 19th and Baugh of the 108th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, as amended, so as to change the names of the "chief drug in spector", the "assistant inspectors" and the "drug inspector's office".

HB 269. By Representatives Parham of the 109th, Cooper of the 19th and Baugh of the 108th:
A bill to amend Code Section 79A-809 relating to controlled substances contained in Schedule IV of the Georgia Controlled Substances Act, so as to add certain drugs to the list of Schedule IV controlled substances; to provide an effective date.

HB 229. By Representative Adams of the 36th:
A bill to amend an Act creating the State Planning and Programming Bureau so as to change from $20.00 per day to $36.00 per day the per diem authorized for members of the advisory committee to the Bureau of Community Affairs in matters relating to area or multi-county plan ning and development.

HB 201. By Representatives Walker of the 115th, Waddle of the 113th, Watson of the 114th and others:
A bill to amend Code Chapter 23-4, relating to settling disputed county lines, as amended, so as to change the procedures and proceedings for settling disputed county lines; to provide for surveys by land surveyors.

HB 246. By Representatives Logan of the 62nd, Argo of the 63rd, Toles of the 16th and others:
A bill to amend an Act entitled "Executive Reorganization Act of 1972", as amended, so as to provide that the Board of Regents of the University System of Georgia shall be exempt from certain provisions of said Act.

HB 285. By Representative Bolster of the 30th:
A bill to amend an Act providing for the use of facsimile signatures in the execution of public securities, so as to provide that the clerk of the superior court of each county of the State may authorize the execution of any public securities requiring or permitting his signature with an engraved, imprinted, stamped or otherwise reproduced facsimile of such signature.

HB 366. By Representatives Noble of the 48th, McKinney of the 35th and Bolster of the 30th:
A bill to grant to certain campus policemen employed by public or private colleges and universities in this State certain law enforcement powers, including the power of arrest; to provide definitions; to provide

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JOURNAL OF THE SENATE,

qualifications and training requirements for campus policemen exer cising such law enforcement powers.

HB 130. By Representatives Butler, Johnston and Tolbert of the 56th and others:
A bill to amend Code Section 24-1601, relating to fees for justices of the peace, so as to provide a fee for applications for arrest and search war rants; to repeal the fees provided for issuing arrest and search war rants.

HB 143. By Representatives Butler, Johnston and Tolbert of the 56th and others:
A bill to amend an Act providing for the manner in which justices of the peace and notaries public ex officio justices of the peace shall be compensated in criminal cases, so as to provide for compensation in criminal cases where application has been made for the issuance of an arrest or search warrant.

HB 151. By Representative Howell of the 140th:
A bill to amend Code Chapter 89-6, relating to books, papers and prop erty of public offices, as amended, so as to designate the Director of the Department of Archives and History as the agent for public officers in recovering lost or withheld books and papers.

HB 59. By Representatives Marcus of the 26th, Hudson of the 137th and Parham of the 109th:
A bill to amend Code Section 88-304, relative to hearings in connection with administrative procedure under the "Georgia Health Code", so as to provide that a county board of health is authorized to direct its director, or the director's appointee, to conduct certain hearings and to vest such with certain necessary powers, ancillary to that function.

HB 522. By Representative Irvin of the 23rd:
A bill to amend Code Chapter 113-10, relating to distribution, advance ments, and year's support, as amended, so as to provide for the redesignation of certain Code Sections; to change the provisions relative to the order for year's support awarding interest in real property.

HB 23. By Representatives Lambert of the 112th and Carlisle and Mostiler of the 71st:
A bill to provide for the regulation of the quality of water in Georgia's public water systems which are used to provide the public with piped water for human consumption; to designate the Division of Environ mental Protection of the Department of Natural Resources as the State agency to administer the provisions of this Act; to provide for the en forcement of drinking water rules and regulations.

TUESDAY, FEBRUARY 8, 1977

469

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

HR 133. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A resolution proposing an amendment to the Constitution so as to change the membership of the Oconee County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection.

HR 116. By Representatives Butler of the 56th, Pilewicz of the 41st, Adams of the 79th and others:
A resolution creating the Justice of the Peace Study Committee.

SR 14. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide for the recall of State, county, and municipal public officials who hold elective office; to provide for the submission of this amendment for ratification or rejection.

The House has adopted, as amended, by the requisite constitutional majority the following resolutions of the Senate:

SR 13. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of members of the General Assembly; to provide for the submission of this amendment for ratification or re jection.

SR 20. By Senators Timmons of the llth, Russell of the 10th, Carter of the 14th and others:
A resolution relative to the Apalachicola-Chattahoochee-Flint waterway.

The House has agreed to the Senate amendment to the following bill of the House:

HB 42. By Representatives Castleberry of the lllth and Edwards of the 110th:
A bill to amend an Act providing minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia, so as to change the provisions relating to the calculation of county population and minimum salaries for certain tax collectors and tax commissioners.

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JOURNAL OP THE SENATE,

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

SB 237. By Senators Dean of the 6th, Riley of the 1st and Kidd of the 25th:
A bill to amend Code Section 93-307.1, relating to the procedure for filing utility rate changes with the Public Service Commission, as amended, so as to prohibit the Commission from granting temporary or emergency rate increases. Referred to Committee on Public Utilities.

SB 238. By Senators Dean of the 6th, Riley of the 1st and Kidd of the 25th:
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 authorize electric utility companies to levy a fuel adjustment charge covering only increases and decreases in certain specified costs. Referred to Committee on Public Utilities.

SB 239. By Senators Dean of the 6th, Riley of the 1st and Kidd of the 25th:
A bill to prohibit the cost of certain advertising to be included as an operational expense in certain rate schedule proceedings before the Georgia Public Service Commission; to provide for definitions; to pro vide the procedures connected therewith. Referred to Committee on Public Utilities.

SB 240. By Senator Dean of the 6th:
A bill to amend the Electric Membership Corporation Act, as amended, so as to provide that the Georgia Public Service Commission shall reg ulate electric membership corporations; to provide the procedures con nected therewith. Referred to Committee on Public Utilities.

SB 241. By Senator Banks of the 17th:
A bill to amend an Act creating the Economic Development Council, so as to change the membership of the Council; to change the provisions relative to the appointment and service of members. Referred to Committee on Industry, Labor and Tourism.

SB 242. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to revise the definition of "self-liquidating"; to provide for other matters; to provide for an effective date. Referred to Committee on Transportation.

SB 243. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to provide for the licensing of open-to-the-

TUESDAY, FEBRUARY 8, 1977

471

public airports by the Department of Transportation; to define certain terms; to provide for the procedures for licensing of airports.
Referred to Committee on Transportation.

SB 244. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to require that applications for federal airport development funds be approved by the Department of Trans portation prior to submission to the federal government. Referred to Committee on Transportation.

SB 245. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to designate the Department of Transporta tion as the State agency to offer rail service continuation payments under certain circumstances. Referred to Committee on Transportation.

SB 246. By Senators Starr of the 44th and Langford of the 51st:
A bill to amend an Act requiring certain reports of nonprofit contrac tors who contract with State agencies, so as to provide that the provi sions of the Act shall not apply to contracts less than $10,000 in amount; to provide an effective date. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 247. By Senators Russell of the 10th and Overby of the 49th:
A bill to provide for the protection of dependent minor children by col lection of child support payments ordered by the courts and the moni toring of such payments in order to promptly proceed with the collec tion of such payments which have not been made. Referred to Committee on Judiciary.

SB 248. By Senator Bell of the 5th:
A bill to amend Code Section 26-2904, relating to licenses to carry pistols or revolvers, as amended, so as to change the provisions relative to the requirements for applications for such licenses. Referred to Committee on Judiciary.

SR 77. By Senator Banks of the 17th:
A resolution proposing an amendment to the Constitution, so as to provide that if the City of Barnesville and County of Lamar Develop ment Authority is dissolved for any reason, title to all property held by the Authority shall be conveyed to Lamar County and the City of Bar nesville subject to certain conditions.
Referred to Committee on County and Urban Affairs.

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SR 79. By Senators Riley of the 1st, Holloway of the 12th, Broun of the 46th and others:
A resolution creating the Public Authorities 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 555. By Representative Rowland of the 119th:
A bill to amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees so as to change the compensation of the Judge of the Probate Court. Referred to Committee on County and Urban Affairs.

HB 556. By Representative Rowland of the 119th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County so as to change the compensation of the tax commis sioner. Referred to Committee on County and Urban Affairs.

HB 557. By Representative Rowland of the 119th:
A bill to amend an Act creating the State Court of Laurens County so as to change the provisions relative to the compensation of the judge and solicitor. Referred to Committee on County and Urban Affairs.

HB 560. By Representative Bray of the 70th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Talbot County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.

HB 561. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Warm Springs, ap proved December 20, 1893, as amended, so as to change the compensation of the Mayor and Council. Referred to Committee on County and Urban Affairs.

HB 563. By Representative Sizemore of the 136th:
A bill to amend an Act establishing a State Court of Worth County so as to change the salary of the judge and the solicitor of said court. Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 8, 1977

.

473

HB 569. 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 com pensation, as amended, so as to increase the compensation of the Judge of the Probate Court of Upson County. Referred to Committee on County and Urban Affairs.

HB 570. By Representative Adams of the 79th:
A bill to amend an Act providing for the compensation of the Sheriff of Upson County and providing for said salary to be in lieu of the fee system of compensation, so as to increase the annual salary of the Sheriff of Upson County. Referred to Committee on County and Urban Affairs.

HB 573. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to create the Albany-Dougherty Inner City Authority; to establish said Authority as a public body corporate and politic and as an instru mentality of the State of Georgia; to provide for the membership of the Authority and the terms of its members. Referred to Committee on County and Urban Affairs.

HB 577. By Representative Ham of the 80th:
A bill to amend an Act to abolish the present method of compensating the Sheriff of Monroe County so as to provide for a budget for the sheriff; to provide for arbitration concerning budget disputes. Referred to Committee on County and Urban Affairs.

HB 582. By Representatives Rush of the 121st and Kemp 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 the manner of electing said members. Referred to Committee on County and Urban Affairs.

HB 589. By Representative Ham of the 80th:
A bill to amend an Act to abolish the offices of tax collector and tax receiver in and for the County of Monroe, and to create in their stead a county tax commissioner for Monroe County, as amended. Referred to Committee on County and Urban Affairs.
HB 23. By Representatives Lambert of the 112th, and Carlisle and Mostiler of the 71st:
A bill to provide for the regulation of the quality of water in Georgia's public water systems which are used to provide the public with piped

474

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water for human consumption; to designate the Division of Environ mental Protection of the Department of Natural Resources as the State agency to administer the provisions of this Act; to provide for the en forcement of drinking water rules and regulations.
Referred to Committee on Natural Resources and Environmental Quality.

HB 57. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend Code Chapter 79A-4, relating to pharmacists, as amended, so as to provide for the substitution of certain generic and brand name drugs; to provide for recording of substitutes. Referred to Committee on Human Resources.

HB 59. By Representatives Marcus of the 26th, Hudson of the 137th and Parham of the 109th:
A bill to amend Code Section 88-304, relative to hearings in connection with administrative procedure under the "Georgia Health Code", so as to provide that a county board of health is authorized to direct its direc tor, or the director's appointee, to conduct certain hearings and to vest such with certain necessary powers, ancillary to that function.
Referred to Committee on Human Resources.

HB 130. By Representatives Butler, Johnston and Tolbert of the 56th and others:
A bill to amend Code Section 24-1601, relating to fees for justices of the peace, so as to provide a fee for applications for arrest and search warrants; to repeal the fees provided for issuing arrest and search warrants. Referred to Committee on Judiciary.

HB 143. By Representatives Butler, Johnston and Tolbert of the 56th and others:
A bill to amend an Act providing for the manner in which justices of the peace and notaries public ex officio justices of the peace shall be com pensated in criminal cases, so as to provide for compensation in criminal cases where application has been made for the issuance of an arrest or search warrant.
Referred to Committee on Judiciary.

HB 151. By Representative Howell of the 140th:
A bill to amend Code Chapter 89-6, relating to books, papers and prop erty of public offices, as amended, so as to designate the Director of the Dept. of Archives and History as the agent for public officers in recovering lost or withheld books and papers. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 162. By Representatives Hatcher of the 131st, Taggart of the 125th, Walker of the 115th and others:
A bill to provide the superior courts with concurrent jurisdiction to enforce by contempt certain orders, judgments or decrees. Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 8, 1977

475

HB 163. By Representatives Hatcher of the 131st, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Chapter 59-1, relating to jury commissioners and the selection of jurors, as amended, so as to provide that persons placed on first offender probation for crimes involving moral turpitude shall be ineligible to serve on juries. Referred to Committee on Judiciary.

HB 166. By Representatives Hatcher of the 131st, Walker of the 115th, Karrh of the 106th and others:
A bill to amend Code Chapter 24-39, relating to powers of the Supreme Court, so as to authorize the Supreme Court to receive and answer certificates as to State law from Federal appellate courts. Referred to Committee on Judiciary.

HB 201. By Representatives Walker of the 115th, Waddle of the 113th, Watson of the 114th and others:
A bill to amend Code Chapter 23-4, relating to settling disputed county lines, as amended, so as to change the procedures and proceedings for settling disputed county lines; to provide for surveys by land surveyors. Referred to Committee on Judiciary.

HB 212. By Representatives Mann, Clark, and Milford of the 13th and others:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to require hospitals and related institutions to submit written reports of certain personnel actions to the Composite State Board of Medical Examiners. Referred to Committee on Human Resources.

HB 227. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change certain definitions; to delete the au thority of ex officio members of the Authority to delegate certain powers to their deputies. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 229. By Representative Adams of the 36th:
A bill to amend an Act creating the State Planning and Programming Bureau so as to change from $20.00 per day to $36.00 per day the per diem authorized for members of the advisory committee to the Bureau of Community Affairs in matters relating to area or multi-county plan ning and development. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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HB 246. By Representatives Logan of the 62nd, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act entitled "Executive Reorganization Act of 1972", approved April 6, 1972, as amended, so as to provide that the Board of Regents of the University System of Georgia shall be exempt from certain provisions of said Act.
Referred to Committee on Higher Education.

HB 264. By Representatives Parham of the 109th, Cooper of the 19th and Baugh of the 108th:
A bill to amend Code Section 79A-806, relating to controlled substances contained in Scheduled I of the Georgia Controlled Substances Act, as amended, so as to add a certain drug to the list of Schedule I controlled substances.
Referred to Committee on Human Resources.

HB 268. By Representatives Parham of the 109th, Cooper of the 19th and Baugh of the 108th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, as amended, so as to change the names of the "chief drug inspec tor", the "assistant inspectors" and the "drug inspector's office". Referred to Committee on Human Resources.

HB 269. By Representatives Parham of the 109th, Cooper of the 19th and Baugh of the 108th:
A bill to amend Code Section 79A-809 relating to controlled substances contained in Schedule IV of the Georgia Controlled Substances Act, so as to add certain drugs to the list of Schedule IV controlled substances; to provide an effective date.
Referred to Committee on Human Resources.

HB 285. By Representative Bolster of the 30th:
A bill to amend an Act providing for the use of facsimile signatures in the execution of public securities, so as to provide that the clerk of the superior court of each county of this State may authorize the execution of any public securities requiring or permitting his signature with an engraved, imprinted, stamped or otherwise reproduced facsimile of such signature. Referred to Committee on Judiciary.
HB 297. By Representatives Williamson of the 45th, Milford of the 13th, Daugherty of the 33rd and others:
A bill to amend an Act commonly known and referred to as the "In tangible Property Tax Act of 1953" approved Dec. 22, 1953, as amended, so as to remove the maximum amount of intangible property tax payable with^ respect to any single long-term note secured by real estate. Referred to Committee on Banking, Finance and Insurance.

TUESDAY, FEBRUARY 8, 1977

477

HB 366. By Representatives Noble of the 48th, McKinney of the 35th and Bolster of the 30th:
A bill to grant to certain campus policemen employed by public or private colleges and universities in this State certain law enforcement powers, including the power of arrest; to provide definitions; to provide qualifications and training requirements for campus policemen exercising such law enforcement powers.
Referred to Committee on Judiciary.

HB 522. By Representative Irvin of the 23rd:
A bill to amend Code Chapter 113-10, relating to distribution, advance ments, and year's support, as amended, so as to provide for the redesignation of certain Code Sections; to change the provisions relative to the order for year's support awarding interest in real property. Referred to Committee on Judiciary.

HR 116. By Representatives Butler of the 56th, Pilewicz of the 41st, Karrh of the 106th and others:
A resolution creating the Justice of the Peace Study Committee. Referred to Committee on Rules.

HR 133. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A resolution proposing an amendment to the Constitution so as to change the membership of the Oconee County Industrial Development Authority; to provide for the submission of this amendment for ratifica tion 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 Commit'tee on Agriculture 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 195. Do pass. HB 2. Do pass. HB 185. Do pass.
Respectfully submitted, Senator McGill of 24th District, Chairman

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Senator Lester of the 23rd 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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 159. Do pass by substitute.
SB 200. Do pass.
Respectfully submitted, Senator Lester of 23rd District, Chairman

Senator Barker of the 18th District, Chairman of the Committee on Consumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs has had under consideration the follow ing bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 204. Do pass by substitute. Respectfully submitted, Senator Barker of 18th District, Chairman

Senator Sutton of the 9th 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 instruced me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 201. SB 222. SB 223. SB 225. SB 226. SB 227. HB 180. HB 296. HB 348. HB 351. HB 408. HB 434. HB 448. HB 455. HB 456.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

TUESDAY, FEBRUARY 8, 1977

479

HB 459. HB 460. HB 461. HB 462. HB 465. HB 467. HB 477. HB 482. HB 483. HB 484. HB 485. HB 494.

Do pass. 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 Sutton of 9th 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 100. Do pass as amended. Respectfully submitted, Senator Overby of 49th District, Chairman

The following bill of the Senate was read the second time:
SB 163. By Senators Barnes of the 33rd and Barker of the 18th: A bill to amend Code Section 84-501, relating to the definition of the term "chiropractic" for purposes of provisions respecting chiropractors, so as to redefine such term.

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

Allgood Ballard Banks Barker Barnes Bond Brantley Broun of 46th Carter Dean of 6th Dean of 31st Doss

Duncan Eldridge English Evans Fincher Foster Gillis Greene Hill Howard Hudgins Hudson

Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

480
Scott Shapard Starr Stephens Stumbaugh

JOURNAL OF THE SENATE,

Summers Sutton Thompson Traylor Turner

Tysinger Walker Wessels

Those not answering were Senators:

Bell Brown of 47th Coverdell

Holloway (presiding) Russell

Tate Timmons

Senator Paulk of the 13th introduced the chaplain of the day, Reverend John B. Burch, pastor of the First Baptist Church, Fitzgerald, Georgia, who offered prayer.

The following resolution of the Senate was read and adopted:

SR 78. By Senator Russell of the 10th: A resolution commending Mr. S. W. "Sam" Brooks, Jr.

Senator Hudson of the 35th introduced the doctor of the day, Dr. Henry Steadman, of Atlanta, Georgia.
SENATE CALENDAR Tuesday, February 8, 1977
HB 24. Polling Place--no activity within 250 feet of HB 25. Financial Disclosure Act--change certain requirements HB 26. Polling Place--no activity within 250 feet of HB 33. Election Contest--procedure to determine which judge shall preside HB 54. Signatures for Petitions on Election Day--prohibit within certain
distance SB 85. Negligent Actions--define level of skill SB 97. Code of Public Transportation--new chapter (SUB) SB 103. Protection of Caves--provide SB 162. Driver's License--certain Armed Forces Reserve components
exempt SB 181. National Guard Units--operate post exchanges or canteens SB 198. Driver's License Act--certain offenses tried certain courts SB 199. Noncompliance Case, Operator of Motor Vehicle--courts tried SB 202. Unemployment Compensation--transitional insurance coverage

TUESDAY, FEBRUARY 8, 1977

481

SR 31. Penalty Assessments in Criminal Cases--General Assembly provide additional
SR 59. John Paul Johns Bridge--designating in Stephens County
HB 431. Deer, Turkey and Bear Hunting--unlawful

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 24. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, as to provide for no campaign activities within two hundred and fifty feet of a polling place.
Senate Sponsor: Senator Kidd of the 25th.

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:

Allgood Ballard Banks Barnes Bell Brantley Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Evans Foster

Gillis Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds Robinson Russell

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bond Broun of 46th (excused conferee) Coverdell

Duncan Fincher Greene Holloway (presiding) Langford

Pearce Riley (excused conferee) Tate

On the passage of the bill, the yeas were 44, nays 0.

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

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HB 25. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend the Campaign and Financial Disclosure Act, approved March 5, 1974, so as to change certain campaign disclosure report filing requirements under section 6(d) of said Act.

Senator Kidd of the 25th moved that the Senate postpone action on HB 25 until Friday, February 11.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 25 was postponed until Friday, February 11.

HB 26. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the Georgia Election Code, so as to provide for no campaign activities within two hundred and fifty feet of a polling place.
Senate Sponsor: Senator Kidd of the 25th.

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:

Allgood Ballard Banks Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th
Dean of 31st Doss Eldridge English Evans

Fincher Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Lester
McGill Overby Paulk Pearce Reynolds

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson
Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Broun of 46th (excused conferee) Coverdell
Duncan

Foster Holloway (presiding) Hudgins Langford

Riley (excused conferee) Tate Timmons

On the passage of the bill, the yeas were 45, nays 0.

TUESDAY, FEBRUARY 8, 1977

483

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

HB 33. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Code Section 34-1704 relating to venue in election contests, so as to change the procedure for determining which judge shall preside over an election contest.
Senate Sponsor: Senator Kidd of the 25th.

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 Dean of 6th Dean of 31st Doss Eldridge English
Evans Fincher
Foster

Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk
Pearce Reynolds
Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger
Walker Wessels

Those not voting were Senators:

Allgood Barker Broun of 46th (excused conferee)

Cover dell Duncan Holloway (presiding) Langford

Riley (excused conferee) Tate

On the passage of the bill, the yeas were 47, nays 0.

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

HB 54. By Representatives Culpepper of the 98th, Walker of the 115th, Watson of the 114th and others:
A bill to amend Code Section 34-1307, relating to prohibition of certain campaign activities within a certain distance of polling places, as amended, so as to prohibit the solicitation of signatures for petitions within a certain distance of polling places on any primary or election day.
Senate Sponsor: Senator Kidd of the 25th.

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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:

Allgood Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Foster Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators Barnes and Johnson.

Those not voting were Senators:

Coverdell Duncan

Holloway (presiding) Langford

Stephens Tate

On the passage of the bill, the yeas were 48, nays 2.

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

SB 85. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 105-2, relating to negligence, as amended, so as to provide for a local level of skill for persons against whom an action is brought for the negligent practice or performance of certain professions, businesses or trades.
Senator Barnes of the 33rd offered the following amendment:
Amend SB 85 by striking on lines 19 and 20, Page 1, "prevalent in such person's community", and inserting "generally followed in the State of Georgia".

Senator Barnes of the 33rd moved to commit SB 85 to the Committee on Judiciary.

TUESDAY, FEBRUARY 8, 1977

485

Senator Ballard of the 45th moved the previous question.

Senator Holloway of the 12th, President Pro Tempore, ruled that the motion for the previous question takes precedence.

On the motion, the yeas were 30, nays 7; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment offered by Senator Barnes of the 33rd was adopted.

Senator Howard of the 42nd moved that SB 85 be tabled.

On the motion, the yeas were 14, nays 28; the motion was lost, and SB 85 was not tabled.

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:

Allgood Ballard Banks Barker Brantley Brown of 47th Carter Dean of 31st Duncan Eldridge Fincher Foster Gillis

Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Those voting in the negative were Senators:

Barnes Bell Bond Dean of 6th Doss

English Evans Greene Howard Shapard

Those not voting were Senators:

Broun of 46th (excused conferee) Coverdell

Hill Holloway (presiding)

Russell Scott Starr Stephens Sutton Thompson Timmons Turner Tysinger Walker Wessels
Stumbaugh Summers Traylor
Langford Tate

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On the passage of the bill, the yeas were 37, nays 13.

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

The President assumed the Chair.

SB 97. 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 delete therefrom Section 95A-206 in its entirety; to add a new chapter, entitled "Chapter 13 Mass Transporta tion", to the Georgia Code of Public Transportation.

The Senate Committee on Transportation offered the following substitute to SB 97:
A BILL
To be entitled an Act to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. Laws 1973, p. 947), as amended, so as to delete therefrom Section 95A-206 in its entirety; to add a new chapter, entitled "Chapter 13 Mass Transporta tion", to the Georgia Code of Public Transportation; to authorize the Department of Transportation to establish and administer financial assistance and project grant programs for the betterment of mass transportation systems and facilities throughout the State; to provide for definitions in connection therewith; to provide for State financial assistance and project grants to municipalities, counties, area planning and development commissions, authorities, State agencies, and public and private mass transportation operators; to provide for procedures and conditions in connection therewith; to authorize the Department of Transportation to participate in mass transit programs; to provide for definitions in connection therewith; to authorize the Department of Transportation to, alone or in cooperation with counties, municipalities, authorities, area planning and development commissions, State agencies, or private or public transit companies, plan, develop, supervise, support, own, lease, maintain and operate mass transportation facilities; to authorize the Department of Transportation to assist the operators of mass transportation systems, or the owners of facilities used in con nection therewith, for the payment of operating expenses; to authorize the Department of Transportation to participate in the acquisition, construction and improvement of facilities and equipment for use in mass transportation service; to provide for procedures and conditions in connection therewith; to restrict the Department's authority to receive Federal funding for certain activities which would duplicate those carried out by Metropolitan Atlanta Rapid Transit Authority; to authorize the Department of Transportation to provide financial assistance to private nonprofit corporations and associations to assist them in providing transportation services to the elderly and handicapped; to provide for procedures and conditions in connection therewith; to authorize the Department of Transportation to designate lanes on

TUESDAY, FEBRUARY 8, 1977

487

roads in the State Highway System for the exclusive or preferential use of busses, passenger vehicles occupied by two persons or more or as designated by the Department or passenger vehicles; to prohibit the use of restricted lanes by drivers of vehicles other than those designated; to authorize the Department of Transportation to promulgate rules and regulations; to provide for other matters; 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 approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. Laws 1973, p. 947), as amended, is hereby amended by deleting therefrom in its entirety Section 95A-206, entitled "Department Financial Assistance for Mass Transportation", which was added to the Georgia Code of Public Transportation by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1422).

Section 2. Said Act is further amended by adding thereto, follow ing Section 95A-1272, a new chapter, entitled "Chapter 13 Mass Trans portation", which shall read as follows:

"CHAPTER 13. MASS TRANSPORTATION

"95A-1301 Department assistance for mass transportation facilities

"(a) Definitions

"The following terms, whenever used or referred to in this Section, shall have the following meanings, except in those instances where the context clearly indicates a different meaning:

" (1) 'Mass transportation' shall include all modes of transporta tion which are appropriate, in the judgment of the department, to transport people, commodities or freight by highways, rail, air, water or other conveyance, exclusive of wires and pipelines, serving the general public.

"(2) 'Mass transportation facilities' means everything neces sary for the conveyance and convenience of passengers and the safety and prompt transportation of freight on those modes of transportation which are appropriate, in the judgment of the department, to transport people, commodities or freight by highways, rail, air, water or other conveyance, exclusive of wires and pipe lines, serving the general public.

"(3) 'Project grant' means the State's share of cost of carrying out a particular project authorized by this Section. This share may be provided in direct financial support, goods or products, personnel services or any combination thereof.

"(b) Purposes of assistance by department

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"Subject to general fund appropriations for such purposes, and
any provisions of Chapter 95A-7 to the contrary notwithstanding, the department is hereby authorized within the limitations here inafter provided, to provide to municipalities, counties, area plan ning and development commissions, authorities, State agencies and public and private mass transportation operators:

"(i) Financial support for research by contract, or otherwise concerning mass transportation.

"(ii) Project grants to supplement Federal, local or Federal and local funds for use:

"(A) For the purpose of studies, analysis, planning and de velopment of programs for mass transportation service and facilities;

"(B) to provide for research, development and demonstration projects in all phases of mass transportation;

"(C) to provide for programs designed solely to advertise, promote and stimulate the development and use of mass transporta tion facilities; and

"(D) to provide for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation.

"(c) Procedures for application for financial support and project grants; condition; review of application

"(1) The governing bodies of municipalities, counties, area planning and development commissions, authorities, State agencies and public and private mass transportation operators may, by formal resolution, apply to the department for financial support and project grants provided by this Section.

"(2) The use of funds or grants shall be for the purposes set forth in this Section, and without limiting the generality of the foregoing, may be used for local contributions required by the Federal 'Urban Mass Transportation Act of 1964', as amended, or any other Federal law concerning mass transportation.

"(3) The department shall review the proposal and, if satis fied that the proposal is in accordance with the purposes of this Section may, with the approval of the Commissioner, enter into a financial support or project grant agreement subject to the condi tion that the financial support or project grant be used in accordance with the terms of the proposal.

"(4) The time of payment of the financial support or project grant and any conditions concerning such payment shall be set forth in the financial support or project grant agreement.

TUESDAY, FEBRUARY 8, 1977

489

"(d) Rules and regulations
"In order to effectuate and enforce the provisions of this Section, the department is authorized to promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes for which financial support and project grants may be made hereunder.
"(e) Intergovernmental cooperation
"The department is directed to administer this program with such flexibility as to permit full cooperation between Federal, State and local governments, agencies and instrumentalities, so as to result in an effective and economical program.
" (f) Prohibition against use of motor fuel tax funds.
"Funds appropriated to the Department pursuant to Article III, Section X, Paragraph VII (b) of the Georgia Constitution of 1976 may not be utilized for any of the purposes set out in this Section.
"(g) Board approval
"No financial support or project grant provided for in this Section may be made to any private mass transportation operator without prior concurrence of the State Transportation Board.
"95A-1302 Mass Transit Program
"(a) As used in this Section, the following terms shall have the meaning prescribed to them herein, unless the context clearly indicates a different meaning:
"(1) 'Construction' means the supervising, inspecting, actual building and all expenses incidental to the acquisition, actual building or reconstruction of facilities and equipment for use in mass transportation, including designing, engineering, locating, surveying, mapping and acquisition of rights of way.

"(2) 'Mass Transportation' shall include all modes of trans portation which are appropriate, in the judgment of the department, to transport people, commodities or freight by highways, rail, air, water or other conveyance, exclusive of wires and pipelines, serving the general public.

" (b) Subject to general appropriations for such purposes, the department may, alone or in cooperation with counties, municipalities, authorities, area planning and development commissions, State agencies, or private or public transit companies, plan, develop, supervise, support, own, lease, maintain and operate mass transports tion facilities or systems.

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"(c) (1) The department may, when funds are available from the United States of America for such purposes, provide assistance to the operators of mass transportation systems, or the owners of facilities used in connection therewith, for the payment of opera ting expenses to improve or to continue such mass transportation service, by operation, lease, contract or otherwise.

"(2) The department may, when funds are available from the United States of America for such purposes, participate in the acquisition, construction and improvement of facilities and equip
ment for use, by operation or lease or otherwise, in mass trans portation service.

"(3) The department's participation with State funds in those programs specified in Sections (c) (1) and (2) hereof may be either in cash, products or in-kind services. The department's participation with State funds shall be limited to a maximum of 10% of the cost of the program. The remainder shall be provided from sources other than department funds or revenues from the operation of public mass transportation systems.

"(d) The department shall not enter into any contract with any private entity for the purposes set out in subsections (b) and (c) of this Section without the prior concurrence of the State Transporta tion Board.

"(e) Funds appropriated to the department pursuant to Article III, Section X, Paragraph VII (b) of the Georgia Constitution of 1976 may not be utilized for any of the purposes set out in this Section.

" (f) In order to effectuate and enforce the provisions of this Section, the department is authorized to promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Section.

"(g) The department shall not be authorized, without the concurrence of the Metropolitan Atlanta Rapid Transit Authority, to receive federal financial assistance to provide mass transportation services or facilities that will duplicate those mass transportation services or facilities provided or to be provided by the Metropolitan Atlanta Rapid Transit Authority, within the City of Atlanta and Fulton and DeKalb counties, as a part of its rapid transit system, including the use of buses as well as a rail system, as that system is described in an Engineering Report, dated September 1971, prepared for the Metropolitan Atlanta Rapid Transit Authority by Parsons-Brinckerhoff-Tudor-Bechtel, General Engineering Con sultants, and adopted as part of the Rapid Transit Contract and Assistance Agreement, dated September 1, 1971, between the Metropolitan Atlanta Rapid Transit Authority, the City of Atlanta, Fulton County, Georgia, and DeKalb County, Georgia.

"95A-1303 Aid to elderly and handicapped through private non profit corporations and associations

TUESDAY, FEBRUARY 8, 1977

491

"(a) The department may when funds are available from the United States of America for such purposes, provide financial as sistance with such funds or such funds and State general funds appropriated for these purposes to private nonprofit corporations and associations for the specific purpose of assisting them in pro viding transportation services meeting the special needs of elderly or handicapped persons, or both, for whom the department deter mines that the mass transportation services planned, designed and carried out by local public bodies, agencies and authorities are unavailable, insufficient or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements and restrictions as the department determines to be necessary or ap propriate in order to carry out the purposes of this Section.

" (b) No financial assistance shall be provided pursuant to this Section without the prior concurrence of the State Transporta tion Board.

"(c) In order to effectuate and enforce the provisions of this Section, the department is authorized to promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Section.

"(d) Funds appropriated to the department pursuant to Article III, Section X, Paragraph VII (b) of the Georgia Constitu tion of 1976 may not be utilized for any of the purposes set out in this Section.

"95A-1304 Exclusive use traffic lanes

"(a) The department is authorized to designate travel lanes in each direction of travel on any road in the State Highway System for the exclusive or preferential use of busses, of passenger vehicles occupied by two persons or more or as designated by the department or of passenger vehicles. Where such designation has been made, the road shall be clearly signed to inform the traveling public of the restrictions imposed.

" (b) No driver of any vehicle not authorized to be operated in a lane designated and signed for exclusive use shall operate his vehicle in such lane except to execute turning movements or in an emergency situation.

"(c) No traffic lane shall be designated and signed for ex clusive use pursuant to subsection (a) of this Section without the approval of the State Transportation Board.

"(d) The department is authorized to promulgate necessary rules and regulations in order to carry out the purposes of this Section."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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JOURNAL OF THE SENATE,

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 37, 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:

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

Evans Foster Gillis Hill Holloway Howard Hudgins
Hudson Johnson
Kennedy Kidd
Lester McGill
Overby Paulk
Pearce Reynolds

Riley Russell Scott Shapard Stephens Stumbaugh Summers
Sutton
Thompson
Timmons
Traylor
Turner
Tysinger
Walker
Wessels

Voting in the negative was Senator Greene.

Those not voting were Senators:

Duncan Fincher

Langford Robinson

Starr Tate

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 103. By Senator Summers of the 53rd:
A bill to provide for the protection of caves; to provide a short title; to make certain findings and declaration of policy; to provide for definitions; to prohibit certain acts of vandalism; to prohibit the sale of speleothems without permission.

TUESDAY, FEBRUARY 8, 1977

493

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:

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Duncan Fincher

Langford

Starr

On the passage of the bill, the yeas were 52, nays 0.

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

SB 162. 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.

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:

Allgood Ballard Banks Barker

Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge Evans Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson

JOURNAL OF THE SENATE,

Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan English

Fincher

Langford

On the passage of the bill, the yeas were 52, nays 0.

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

SB 181. By Senators Hudgins of the 15th, Russell of the 10th and Dean of the 6th:
A bill to amend an Act known as the "Georgia Military Forces Re organization Act of 1955", as amended, so as to authorize and direct the Adjutant General of Georgia to establish post exchanges or canteens to be owned and operated exclusively by National Guard units.

Senator Reynolds of the 48th offered the following amendment:

Amend SB 181 by striking on line 5, Page 2, after";" the word "the", and by striking all of lines 6, 7, and 8, Page 2, and the following words on line 9, Page 2: "or hereafter amended".

On the adoption of the amendment, the yeas were 39, nays 9, 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:

Barnes Carter Dean of 6th Dean of 31st

Hudgins Hudson Kennedy Kidd

Paulk Pearce Riley Robinson

TUESDAY, FEBRUARY 8, 1977

495

Russell Stephens Tate

Thompson Traylor Walker

Wessels

Those voting in the negative were Senators:

Allgood Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Doss Eldridge

English Evans Foster Gillis Greene Hill Holloway Howard Johnson Lester McGill Overby

Reynolds Scott Shapard Starr Stumbaugh Summers Sutton Timmons Turner Tysinger

Those not voting were Senators:

Duncan

Fincher

Langford

On the passage of the bill, the yeas were 19, nays 34.

The bill, having failed to receive the requisite constitutional majority, was lost.

HB 431. By Representatives Rainey of the 135th, Gammage of the 17th, Twiggs of the 4th and others:
A bill to make unlawful the hunting of deer, turkey and bear in this State; to make unlawful certain fishing activities in the State; to provide for penalties; to provide for the enforcement of this Act; to provide an effective date.

Senate Sponsor: Senator Gillis of the 20th.

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:

Allgood Ballard Banks Barker Barnes Bell

Bond Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge English Foster

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JOURNAL OF THE SENATE,

Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester

McGill Overby Paulk Pearce Reynolds Riley Robinson Scott Shapard Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Weasels

Those not voting were Senators:

Duncan Evans

Fincher Langford

Russell

On the passage of the bill, the yeas were 51, 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 12:25 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 9, 1977

497

Senate Chamber, Atlanta, Georgia Wednesday, February 9, 1977

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

Senator Johnson of the 34th 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 609. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to authorize the governing authority of Dougherty County to provide for a supplement to the salary of the District Attorney and each Assistant District Attorney of the Dougherty Judicial Circuit; to provide an effective date.

HB 199. By Representatives Greer of the 43rd and Marcus of the 26th:
A bill to amend an Act creating a board of elections in each county having a population of more than 500,000 so as to provide for additional requirements for the appointment of certain members to the board.
HB 612. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County, so as to change the salaries of the chief deputy and deputy tax commissioners; to provide for additional personnel.
HB 613. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the salary of the coroner.
HB 614. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Commissioner of Rockdale County, as amended, so as to change the salary of the commissioner.

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JOURNAL OF THE SENATE,

HB 615. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of compen sation, as amended, so as to change the salary of the judge of the probate court and his chief deputy.

HB 616. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk and his deputies; to provide for additional deputies.

HB 617. By Representative Vaughn of the 57th:
A bill to amend an Act providing for a Public Defender for Rockdale County, so as to change the compensation of the public defender.
HB 618. By Representative Vaughn of the 57th:
A bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary, as amended, so as to change the compensation of the sheriff and his deputies; to change the number of deputies.
HB 621. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others: A bill to create the Avondale Estates Development Authority; to provide for the appointment of the members of the Authority; to create the Avondale Estates District; to provide for the powers of the Authority; to authorize the Authority to issue revenue bonds.

HB 622. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to amend an Act incorporating the City of Avondale Estates approved Aug. 25, 1927, as amended, so as to change the corporate limits of said city.

HB 112. By Representatives Karrh of the 106th, Carrell of the 75th, Logan of the 62nd and others:
A bill to provide for the regulation of certain educational institutions and activities; to provide for a short title ("Post Secondary Educational Authorization Act").

HB 244. By Representatives Richardson of the 52nd, Galer of the 97th, Clark of the 55th and others:
A bill to amend Code Title 56, relating to insurance, as amended, so as to require certain group insurance policies or contracts to provide cover age for complications of pregnancy under certain conditions.

WEDNESDAY, FEBRUARY 9, 1977

499

HB 202. By Representative Taggart of the 125th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act" so as to change the requirements relating to the issuance of a replacement certificate of title.

HB 203. By Representative Taggart of the 125th:
A bill to amend Code Section 68-213 relating to the registration of manu facturers and dealers of motor vehicles so as.to provide for the regis tration of manufacturers and dealers engaged in the manufacture or sale or leasing of motor vehicles, tractors and trailers.

HB 204. By Representative Taggart of the 125th:
A bill to amend Chapter 68-2 of the Code of Georgia of 1933, as amended, providing for the licensing of motor vehicles and chauffeurs, so as to provide for the issuance of duplicate registration certificates.
HB 210. By Representatives Carnes of the 43rd, Lane of the 40th, Hudson of the 137th and others:
A bill to amend an Act providing for the sale of certain abandoned motor vehicles, as amended, which Act has been codified as Code Chapter 68-23, so as to change certain provisions relative to the definition, removal, sale, notice and proceeds of sale of abandoned motor vehicles.
HB 345. By Representatives Jessup of the 117th, Coleman of the 118th, Jackson of the 9th and others:
A bill to amend Code Section 95A-957 relating to the maximum width of vehicles permitted upon the public roads, so as to provide certain exceptions for buses.
HB 481. By Representatives Childs of the 51st and Richardson of the 52nd:
A bill to amend Code Section 59-201, relative to the qualifications of grand jurors and the incompetency of certain public officers to serve as grand jurors, as amended, so as to change certain provisions relative to the qualifications of grand jurors.

HB 499. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to establish a Department of Community Affairs and provide its powers, duties and functions; to create the Board of Community Affairs and provide its functions, composition and operations; to create the office of Commissioner of Community Affairs.

HB 524. By Representatives Irvin of the 23rd and Karrh of the 106th:
A bill to amend Code Section 29-420, relating to the method of recording instruments affecting land title and the authenticity of photostatic rec-

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JOURNAL OF THE SENATE,

ords as amended, so as to provide that there shall be no distinction between the filing and the recording of an instrument.

HB 128. By Representatives Snow of the 1st and Games of the 43rd:
A bill to amend an Act providing the retirement benefits for the clerks of the Superior Courts of Georgia, so as to provide for the collection of additional legal costs in each civil suit, action, case or proceeding; to provide for the disposition of such costs; to provide that such costs and fees shall be remitted to the board.

HB 174. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A bill to amend an Act comprehensively and exhaustively revising the procedure for a review of assessments made by county boards of tax assessors and providing for county boards of equalization, so as to change the qualifications of members and alternate members of county boards of equalization.

HB 75. By Representative McDonald of the 12th:
A bill to authorize the Department of Public Safety to make awards to employees of the Department in recognition of outstanding service, heroism and other exemplary acts to or on behalf of the Department of State; to provide for defraying the costs thereof.

The House has adopted by the requisite constitutional majority the follow ing resolution of the House:

HR 87. By Representatives Hays of the 1st, Wood of the 9th, Wall of the 61st and others:
A resolution proposing an amendment to the Constitution so as to pro vide 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.

The House has adopted the following resolution of the House:

HR 190. By Representatives Mann, Clark and Milford of the 13th and others:
A resolution urging the United States Corps of Engineers to build a four-lane bridge connecting Georgia Route 72 and South Carolina Route 72 in the area of the Richard B. Russell Dam and Reservoir project.

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

WEDNESDAY, FEBRUARY 9, 1977

501

SB 249. By Senator Kennedy of the 4th:
A bill to amend an Act relating to the improvement of real estate held by the State of Georgia in fee simple or under quit-claim deed with a reversionary interest in the Federal Government, or under a long-term federal license agreement with a reversionary interest in the Federal Government, as amended. Referred to Committee on Offender Rehabilitation.

SB 250. By Senator Kennedy of the 4th:
A bill to amend an Act known as the "Statewide Probation, Act", as amended, so as to limit the funds payable to probation supervisors; to provide for the payment over of funds so collected; to provide for the giving of notice of unclaimed funds. Referred to Committee on Offender Rehabilitation.

SB 251. By Senators Foster of the 50th, Scott of the 43rd and Tysinger of the 41st:
A bill 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 defi nitions ; to require life-cycle cost analyses and energy conservation practices for certain facilities.
Referred to Committee on Higher Education.

SB 252. By Senators McGill of the 24th, Langford of the 51st, Gillis of the 20th and others:
A bill to repeal an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of ascer taining whether the valuation of the various classes of property in the respective counties is uniform and requiring the State Revenue Commis sioner to adjust the total county millage levy where adjustments are made in the county digests, and for other purposes, as amended.
Referred to Committee on Banking, Finance and Insurance.

SB 253. By Senators Fincher of the 54th, Kennedy of the 4th and Broun of the 46th:
A bill to amend Code Title 56, relating to insurance, as amended, so as to add in Code Chapter 56-24, relating to insurance contracts in general, a new Code Section requiring certain accident and sickness insurance policies, contracts and certificates to provide reimbursement for certain services performed by licensed applied psychologists.
Referred to Committee on Human Resources.

SB 254. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, as amended, so as to authorize the dissemi nation of certain information to certain persons. Referred to Committee on Judiciary.

502

JOURNAL OF THE SENATE,

SB 255. By Senator Stumbaugh of the 55th:
A bill to amend an Act known as the "Litter Control Law", as amended, so as to change the penalty for littering. Referred to Committee on Transportation.

SB 256. By Senator Barker of the 18th:
A bill to amend Code Section 32-910, relating to the powers of local boards of education as a tribunal for hearing and determining local con troversies in reference to the construction and administration of the school law, and to appeals to the State Board of Education, as amended, so as to redefine the procedure for appeals to the State Board of Edu cation and Superior Court; to define scope of review.
Referred to Committee on Education.

SR 81. By Senator Stumbaugh of the 55th:
A resolution urging the Senate Human Resources Committee to study the necessity for the regulation and licensing of health spas in this State. Referred to Committee on Human Resources.

SR 82. By Senators Timmons of the llth, Russell of the 10th, Carter of the 14th and others:
A resolution relative to bureaucratic bungling by the Office for Civil Rights of the Federal Department of Health, Education and Welfare. Referred to Committee on Education.

SR 83. By Senator Paulk of the 13th:
A resolution requiring the salvage of recyclable paper in the Capitol Complex and providing for the implementation of a salvage program. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SR 84. By Senators Stumbaugh of the 55th and Barker of the 18th:
A resolution urging the Senate Consumer Affairs Committee to study the advisability of State-operated motor vehicle inspection stations. Referred to Committee on Consumer Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 199. By Representatives Greer of the 43rd and Marcus of the 26th:
A bill to amend an Act creating a board of elections in each county having a population of more than 500,000 so as to provide for additional requirements for the appointment of certain members to the board. Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 9, 1977

503

HB 609. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to authorize the governing authority of Dougherty County to pro vide for a supplement to the salary of the District Attorney and each Assistant District Attorney of the Dougherty Judicial Circuit; to provide an effective date.
Referred to Committee on County and Urban Affairs.

HB 612. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County, so as to change the salaries of the chief deputy and deputy tax commissioners; to provide for additional personnel. Referred to Committee on County and Urban Affairs.

HB 613. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the salary of the coroner. Referred to Committee on County and Urban Affairs.

HB 614. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Commissioner of Rockdale County, as amended, so as to change the salary of the commissioner. Referred to Committee on County and Urban Affairs.

HB 615. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of compen sation, as amended, so as to change the salary of the judge of the pro bate court and his chief deputy. Referred to Committee on County and Urban Affairs.

HB 616. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk and his deputies; to provide for additional deputies. Referred to Committee on County and Urban Affairs.

HB 617. By Representative Vaughn of the 57th:
A bill to amend an Act providing for a Public Defender for Rockdale County, so as to change the compensation of the public defender. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 618. By Representative Vaughn of the 57th:
A bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary, as amended, so as to change the compensation of the sheriff and his deputies; to change the number of deputies. Referred to Committee on County and Urban Affairs.

HB 621. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to create the Avondale Estates Development Authority; to provide for the appointment of the members of the Authority; to create the Avondale Estates District; to provide for the powers of the Authority; to authorize the Authority to issue revenue bonds. Referred to Committee on County and Urban Affairs.

HB 622. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to amend an Act incorporating the City of Avondale Estates approved Aug. 25, 1927, as amended, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 75. By Representative McDonald of the 12th:
A bill to authorize the Department of Public Safety to make awards to employees of the Department in recognition of outstanding service, heroism and other exemplary acts to or on behalf of the Department or State; to provide for defraying the costs thereof. Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 112. By Representatives Karrh of the 106th, Carrell of the 75th, Logan of the 62nd and others:
A bill to provide for the regulation of certain educational institutions and activities; to provide for a short title ("Post Secondary Educational Authorization Act"). Referred to Committee on Education.

HB 128. By Representatives Snow of the 1st and Carnes of the 43rd:
A bill to amend an Act providing retirement benefits for the clerks of the Superior Courts of Georgia, so as to provide for the collection of additional legal costs in each civil suit, action, case or proceedings; to provide for the disposition of such costs; to provide that such costs and fees shall be remitted to the board. Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 9, 1977

505

HB 174. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
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, so as to change the qualifications of members and alter nate members of county boards of equalization.
Referred to Committee on Banking, Finance and Insurance.

HB 202. By Representative Taggart of the 125th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act" so as to change the requirements relating to the issuance of a re placement certificate of title. Referred to Committee on Transportation.

HB 203. By Representative Taggart of the 125th:
A bill to amend Code Section 68-213 relating to the registration of manufacturers and dealers of motor vehicles so as to provide for the registration of manufacturers and dealers engaged in the manufacture or sale or leasing of motor vehicles, tractors or trailers. Referred to Committee on Transportation.

HB 204. By Representative Taggart of the 125th:
A bill to amend Chapter 68-2 of the Code of Georgia of 1933, as amended, providing for the licensing of motor vehicles and chauffeurs, so as to provide for the issuance of duplicate registration certificates. Referred to Committee on Transportation.

HB 210. By Representatives Carnes of the 43rd, Lane of the 40th, Hudson of the 137th and others:
A bill to amend an Act providing for the sale of certain abandoned motor vehicles, as amended, which Act has been codified as Code Chapter 68-23, so as to change certain provisions relative to the definition, removal, sale, notice and proceeds of sale of abandoned motor vehicles. Referred to Committee on Transportation.
HB 244. By Representatives Richardson of the 52nd, Galer of the 97th, Clark of the 55th and others:
A bill to amend Code Title 56, relating to insurance, as amended, so as to require certain group insurance policies or contracts to provide cover age for complications of pregnancy under certain conditions. Referred to Committee on Banking, Finance and Insurance.
HB 345. By Representatives Jessup of the 17th, Coleman of the 118th, Jackson of the 9th and Dean of the 29th:
A bill to amend Code Section 95A-957 relating to the maximum width of

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JOURNAL OF THE SENATE,

vehicles permitted upon the public roads, so as to provide certain ex ceptions for buses.
Referred to Committee on Transportation.

HB 481. By Representatives Childs of the 51st and Richardson of the 52nd:
A bill to amend Code Section 59-201, relative to the qualifications of grand jurors and the incompetency of certain public officers to serve as grand jurors, as amended, so as to change certain provisions relative to the qualifications of grand jurors. Referred to Committee on Judiciary.

HB 499. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to establish a Department of Community Affairs and provide its powers, duties and functions; to create the Board of Community Affairs and provide its functions, composition and operation; to create the office of Commissioner of Community Affairs.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 524. By Representatives Irvin of the 23rd and Karrh of the 106th:
A bill to amend Code Section 29-420, relating to the method of recording instruments affecting land title and the authenticity of photostatic records as amended, so as to provide that there shall be no distinction between the filing and the recording of an instrument. Referred to Committee on Judiciary.

HR 87. By Representatives Hays of the 1st, Wood of the 9th, Wall of the 61st and others:
A resolution proposing an amendment to the Constitution so as to pro vide 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.

HR 190. By Representatives Mann of the 13th, Clark of the 13th, Milford of the 13th and others:
A resolution urging the United States Corps of Engineers to build a four-lane bridge connecting Georgia Route 72 and South Carolina Route 72 in the area of the Richard B. Russell Dam and Reservoir project. Referred to Committee on Transportation.

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

WEDNESDAY, FEBRUARY 9, 1977

507

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 25. Do pass. SB 29. Do pass by substitute.
SB 213. Do pass.
SB 214. Do pass. SB 215. Do pass.
SB 216. Do pass as amended. SR 65. Do pass.
Respectfully submitted, Senator Carter of the 14th District, Chairman

Senator Howard of the 42nd 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 193. Do pass. Respectfully submitted, Senator Howard of the 42nd District, Chairman

Senator Howard of the 42nd 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 174. Do pass by substitute. Respectfully submitted, Senator Howard of the 42nd District, Chairman

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JOURNAL OP 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 Chariman, to report the same back to the Senate with the following recommendations:
SB 87. Do pass by substitute.
SB 98. Do pass.
SB 145. Do pass as amended.
SB 235. Do pass.
Respectfully submitted, Senator Overby of the 49th 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 165. Do pass. SB 166. Do pass.
Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Senator Summers of the 53rd 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 101. Do pass. SB 102. Do pass.
Respectfully submitted, Senator Summers of the 53rd District, Chairman

The following bills of the Senate and House were read the second time:

WEDNESDAY, FEBRUARY 9, 1977

509

SB 100. By Senators Hudgins of the 15th, Starr of the 44th, Bell of the 5th and others:
A bill to amend Code Title 24A, the Juvenile Court Code, as amended, so as to define certain terms; to change the provisions relating to the apprehension, custody and release of children; to provide for certain types of detention prior to a court hearing.

SB 159. By Senators Duncan of the 30th, Thompson of the 32nd, Hudson of the 35th and others:
A bill to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, 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.

SB 195. 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 "Georgia Meat Inspection Act", so as to exempt from the requirements contained therein pertaining to inspection of the slaughter of animals and of the preparation of car casses, parts thereof, and meat and meat products rendered from the slaughter of animals.

SB 200. By Senator Bell of the 5th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to increase the monthly maintenance charge.

SB 204. By Senators Barker of the 18th, Robinson of the 27th and Bond of the 39th:
A bill to enact the "Motorist Protection Act of 1977"; to provide a short title; to provide definitions; to control certain practices in the auto motive repair industry; to provide for the enforcement and administra tion of this Act; to prohibit certain acts; to provide for investigation and complaints.
HB 2. By Representatives Long of the 142nd, Keyton of the 143rd, Collins of the 144th and others:
A bill to amend an Act known as the "Georgia State Warehouse Act", so as to provide a maximum surety bonding requirement of $100,000 for each warehouse licensed pursuant to the Act.
HB 185. By Representatives Collins of the 144th, Veazey of the 146th, Patten of the 149th and Matthews of the 145th:
A bill to amend an Act regulating the sale of leaf tobacco, so as to require any person, firm or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales to obtain from the Commissioner of Agriculture a nonauction tobacco dealer's license.

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SB 201. By Senators Riley of the 1st and Wessels of the 2nd:
A bill to amend an Act abolishing the office of County Treasurer in and for the County of Chatham, as amended, so as to grant and transfer the former duties of the county treasurer to the Finance Director of Chatham County.

SB 222. By Senator Doss of the 52nd:
A bill to amend an Act placing the District Attorney of the Rome Judi cial Circuit on an annual salary, as amended, so as to change the com pensation provisions relating to the Assistant District Attorney to con form to State standards.

SB 223. 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 provide for annual salaries of the members of the board of education.

SB 225. By Senator Reynolds of the 48th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, as amended, so as to change the provisions relative to the compensation of the tax commissioner.

SB 226. By Senator Reynolds of the 48th:
A bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis of compensation, so as to change the provisions relative to the compensation of the Sheriff, Clerk of the Superior Court, and Judge of the Probate Court of Gwinnett County.
SB 227. By Senator Reynolds of the 48th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, so as to change the provisions relating to the compensation of the Chairman of the Board of Commissioners of Gwin nett County.
HB 180. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the terms of court of said judicial circuit.
HB 296. By Representative Cox of the 141st:
A bill to amend an Act placing the Sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the employment and com pensation of deputies and other employees.

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511

HB 348. By Representative Foster of the 152nd:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County.

HB 351. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating the Towns County Water and Sewerage Authority, approved April 3, 1972, so as to change the provisions relating to the creation of such Authority; to provide for the membership and terms of office.

HB 408. By Representative Owens of the 77th:
A bill to provide for a supplement to the compensation, salary, expenses and allowances of the Clerk of the Superior Court of Columbia County; to provide an effective date.

HB 434. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act establishing The Mayor and Council of the City of Athens Employee's Pension Plan, so as to provide for the voluntary extension of service beyond the normal retirement age by employees wishing to work to age 65, and to further provide that maximum age for membership shall be age 45 for police and fire employees and age 47 for all other city employees.

HB 448. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and providing an annual salary for said officer, approved Feb. 27, 1970, so as to change the provisions relative to the compensation of said officer.

HB 455. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to fix the salary of the coroner in all counties of this State having a population of not less than 34,300 and not more than 36,000 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.

HB 456. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to amend an Act creating a board of commissioners for the County of Thomas, as amended, so as to change the compensation of the chair man and other members of the board of commissioners of Thomas County.

HB 459. 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 duties, powers and compen-

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sation, so as to change the expense allowance of the chairman of the board of commissioners; to provide an expense allowance for the mem bers of the board of commissioners other than the chairman.

HB 460. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the compensation of the special deputies.

HB 461. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the compensation of the sheriff's secretary.

HB 462. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the salary of the deputy sheriff.

HB 465. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County, approved Feb. 8, 1955, as amended, so as to change the compen sation of the Chairman and the other members of the Board.

HB 467. By Representatives Dover of the llth, and Colwell and Twiggs of the 4th:
A bill to amend an Act creating a board of commissioners of White County, so as to change the provisions relative to the compensation of the chairman and other members of said board.

HB 477. By Representative Owens of the 77th:
A bill to provide for a supplement to the compensation, salary expenses and allowances of the Sheriff of Columbia County; to provide an effec tive date.

HB 482. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to change the method of appointing members of the Clayton County Hospital Authority; to provide for filling vacancies for full and unexpired terms; to provide that only one member of the medical pro fession may serve as a member of the Hospital Authority at the same time.

HB 483. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Twiggs 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.

WEDNESDAY, FEBRUARY 9, 1977

513

HB 484. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Tax Commission er of Twiggs County, known as the fee system; to provide in lieu there of an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county.

HB 485. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Twiggs 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 494. By Representatives Foster and Wheeler of the 152nd and Hudson of the 137th:
A bill to amend an Act establishing the State Court of Coffee County, approved August 19, 1919, as amended, so as to change the compensation of the judge and of the solicitor of the court.

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

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Broun of 46th (excused conferee) Coverdell

Dean of 31st Holloway (excused conferee)

Kidd Russell Traylor

Senator Tysinger of the 41st introduced the chaplain of the day, Reverend Robert Marshburn, pastor of the Doraville Presbyterian Church, Doraville, Geor gia, who offered prayer.

The following resolution of the Senate was read and adopted:

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SR 80. By Senator Kennedy of the 4th:
A resolution relative to the southeast regional meeting of the American Protestant Correctional Chaplains Association.

SENATE CALENDAR Wednesday, February 9, 1977

SB 198. Driver's License Act--certain offenses tried certain courts SB 199. Noncompliance Case, Operator of Motor Vehicle--courts tried SB 202. Unemployment Compensation--transitional insurance coverage SR 31. Penalty Assessments in Criminal Cases--General Assembly
provide additional SR 59. John Paul Johns Bridge--designating in Stephens County SB 163. Chiropractors--redefine (AM)

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 198. By Senators Banks of the 17th and Barnes of the 33rd: A bill to amend the Driver's Licensing Act, to provide jurisdiction of certain courts of municipalities to try certain offenses; to provide pro cedures and disposition of fines.
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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Eldridge English Evans

Fincher Foster Gillis Greene Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 9, 1977

515

Voting in the negative were Senators Dean of 6th and Hill.

Those not voting were Senators:

Bond Coverdell

Holloway (excused conferee)

Russell Timmons Traylor

On the passage of the bill, the yeas were 48, nays 2.

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

Senator Stephens of the 36th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs:

SB 110. By Senator Stephens of the 36th:
A bill to amend an Act authorizing the Commissioner of Fulton County to establish rules and regulations governing the payment of pensions, so as to provide for a Fulton County Employee's Retirement Plan of 1977.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 110 was withdrawn from the Committee on Retirement and committed to the Commit tee on County and Urban Affairs.

Senator Stephens of the 36th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Commit tee on County and Urban Affairs:

SB 112. By Senators Hudson of the 36th and Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to provide for a Fulton County Teacher's Retirement Plan of 1977.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 112 was withdrawn from the Committee on Retirement and committed to the Commit tee on County and Urban Affairs.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 199. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend Code Chapter 68-99, relating to the penalty for owning or operating any motor vehicle as described in Code Section 68-201, without complying with Code Section 68-201, so as to provide for juris-

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diction of certain courts of municipalities to try and dispose of such cases of non-compliance; to provide for disposition of fines; to provide for the jurisdiction, practices, and procedures in connection with 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Eldridge English Evans Foster

Gillis Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Brantley Coverdell

Fincher Hudson

Traylor

On the passage of the bill, the yeas were 50, nays 1.

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

Senator Ballard of the 45th moved that the following bill of the Senate be committed to the Committee of the Whole Senate:

SB 202. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others:
A bill to amend an Act known as the "Unemployment Compensation Law", as amended, (now Employment Security Law), so as to provide certain transitional unemployment insurance coverage reimbursable by Federal funds until regular coverage is provided.

WEDNESDAY, FEBRUARY 9, 1977

517

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 202 was committed to the Committee of the Whole Senate.

Senator Ballard of the 45th moved that the Senate resolve itself into the Committee of the Whole Senate to consider SB 202.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate resolved itself into the Committee of the Whole Senate to consider SB 202.
The President appointed Senator Ballard of the 45th as Chairman of the Committee of the Whole Senate.

The Committee of the Whole Senate was dissolved.

The President resumed the Chair.

Senator Ballard of the 45th, Chairman of the Committee of the Whole Senate, reported as follows:
"Mr. President, the Committee of the Whole Senate has had under consideration SB 202 and has instructed me, as its Chairman, to report t'dhoe psaasms'e." back to the Senate, with the recommendation that the same

The following bill of the Senate, favorably reported by the committee, was put upon its passage:
SB 202. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others: A bill to amend an Act known as the "Unemployment Compensation Law", as amended, (now Employment Security Law), so as to provide certain transitional unemployment insurance coverage reimbursable by Federal funds until regular coverage is provided.
Senator Gillis of the 20th moved that SB 202 be committed to the Committee on Industry, Labor and Tourism.
On the motion, the yeas were 28, nays 16; the motion prevailed, and SB 202 was committed to the Committee on Industry, Labor and Tourism.
Senator Stephens of the 36th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs:

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SB 114. By Senator Hudson of the 35th:
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 Pulton County, and for other purposes," so as to provide that teachers and employees with thirty (30) years of service may retire upon attaining 55 years of age.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 114 was withdrawn from the Committee on Retirement and committed to the Com mittee on County and Urban Affairs.

Senator Stephens of the 36th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs.

SB 118. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes," as amended, so as to provide that no person shall be entitled to claim credit for prior service if such service is claimed for retirement or pen sion benefits under other retirement or pension system.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 118 was withdrawn from the Committee on Retirement and committed to the Com mittee on County and Urban Affairs.

Senator Stephens of the 36th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs:

SB 119. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to 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 beneficiaries.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 119 was withdrawn from the Committee on Retirement and committed to the Com mittee on County and Urban Affairs.
Senator Stephens of the 36th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs:

WEDNESDAY, FEBRUARY 9, 1977

519

SB 120. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to change the provisions relative to the claiming of credit for military service.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 120 was withdrawn from the Committee on Retirement and committed to the Com mittee on County and Urban Affairs.

Senator Stephens of the 36th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs:

SB 151. By Senator Hudson of the 35th:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, as amended, so as to provide that the widow of any officer who is otherwise ineligible for retirement benefits shall be eligible for retirement benefits upon attaining 62 years of age if the officer has elected to secure retirement benefits for his widow.

On the motion, the yeas were 30, nays 0; the motion prevailed and SB 151 was withdrawn from the Committee on Retirement and committed to the Com mittee on County and Urban Affairs.
The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:
SR 31. By Senator Broun of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalty assessments in crim inal cases and provide that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials; 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 II, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly shall be authorized to provide for the

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assessment of additional penalties in any case in which any court in this State shall impose a fine or order the forfeiture of any bond in the nature of the penalty for all offenses against the criminal or traffic laws of this State and the political subdivisions thereof. The General Assembly may provide that the proceeds derived from such additional penalty assessments may be allocated for the specific purpose of meeting any and all costs, or any portion thereof, of pro viding training to law enforcement officers of the State and political subdivisions thereof and to the prosecuting officials of this State and political subdivisions thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to autho rize the General Assembly to provide for addi-
( ) NO tional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting offi cials?"

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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46-th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher Foster Gillis

Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford

WEDNESDAY, FEBRUARY 9, 1977

521

Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Summers Button Tate

Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley

Stumbaugh

Traylor

On the adoption of the resolution, the yeas were 52, nays 0.

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

SR 59. By Senator Brown of the 47th:
A resolution authorizing and directing the State Department of Trans portation to designate a bridge in Stephens County, Georgia, as the "John Paul Johns Bridge".

The report of the committee, which was favorable to the adoption of the reso lution, 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

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

Foster Gillis Holloway Howard Hudgins Hudson Johnson Kennedy Kidd
Langford
Lester
McGill
Overby
Paulk
Pearce
Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Summers Sutton
Tate
Thompson
Timmons
Turner
Tysinger
Walker
Wessels

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Those not voting were Senators:

Bond Brantley Duncan

English Greene Hill

Stumbaugh 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 resolution of the Senate was taken up for the purpose of con sidering House action thereto:

SR 13. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of members of the General Assembly; to pro vide for the submission of this amendment for ratification or rejection.

The House amendment was as follows:
Amend SR 13 by eliminating on Page 2, line 5, Section 2, the ques tion mark, and after the word "Assembly" add the words, "effective January 1,1979?".

Senator Turner of the 8th moved that the Senate agree to the House amend ment as amended by the following amendment:
Amend the House amendment to SR 13 by striking the following: "January 1, 1979",
and inserting in lieu thereof the following:
"with those members elected at the general election in 1978 and thereafter",
so that when so amended said amendment shall read as follows:
"effective with those members elected at the general election in 1978 and thereafter?"

On the motion to agree to the House amendment as amended, the President ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 9, 1977

523

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Duncan Eldridge English Pincher Foster

Gillis Greene Hill Holloway
Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Paulk Pearce Riley

Robinson Russell Scott Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Coverdell Doss

Evans Overby

Reynolds

Those not voting were Senators:

Bond Brantley

Stumbaugh

Traylor

On the motion, the yeas were 47, nays 5, and the Senate agreed to the House amendment as amended by the Senate.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 163. By Senators Barnes of the 33rd and Barker of the 18th: A bill to amend Code Section 84-501, relating to the definition of the term "chiropractic" for purposes of provisions respecting chiropractors, so as to redefine such term.
The Senate Committee on Human Resources offered the following amendment:
Amend SB 163 by striking everything on lines 2, 3 and 4 on Page 2 and substituting in lieu thereof the following:
"only use the title 'Chiropractor', or 'Doctor of Chiropractic', or 'D.C.'.", and
by striking everything on lines 29, 30, 31, and 32 on Page 2 and substituting in lieu thereof the following:
"licensed practitioner of chiropractic may only use the title 'Chiropractor', or 'Doctor of Chiropractic', or 'D.C.'."

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 42, 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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown, of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley

Stumbaugh

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.

Senators Dean of the 31st and Doss of the 52nd introduced the doctor of the day, Dr. Richard Griffin, of Cartersville, Georgia.

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 12:58 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 10, 1977

525

Senate Chamber, Atlanta, Georgia Thursday, February 10, 1977

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

Senator Johnson of the 34th 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 32. By Representatives Lee, Johnson, Benefield and Wood of the 72nd:
A bill to add one additional judge of the Superior Court of the Clayton Judicial Circuit of Georgia, so as to provide for the appointment, election and term of office of said judge; to fix a time at which he shall begin his term of office.

HB 37. By Representative Smith of the 42nd:
A bill to amend Code Title 68B, relating to motor vehicle driver's licenses, so as to provide exemptions to persons temporarily operating farm implements on highways of this State for farm purposes from having a license; to provide for the reexamination of holders of veterans' or honorary licenses.
HB 65. By Representative Walker of the 115th:
A bill to amend Code Section 69-18, relating to sale of municipal property, as created by an Act approved Mar. 5, 1976 so as to authorize the sale by municipalities of certain real property in established industrial parks or in municipally designated industrial development areas.
HB 260. By Representatives Butler of the 56th, Childs of the 51st, Hawkins of the 50th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, approved Mar. 19, 1943, as amended, so as to change the provisions relative to the definition of "teacher" as applied to regional and county librarians and clerical personnel of such libraries.

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JOURNAL OP THE SENATE,

HB 356. By Representatives Games of the 43rd and Snow of the 1st:
A bill to amend Code Chapter 27-7, relating to indictments, presentments and accusations in general, as amended, 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.

HB 124. By Representatives Karrh of the 106th, Irvin of the 23rd, Snow of the 1st and others:
A bill to repeal the present Article 9 of the Uniform Commercial Code and to substitute in place thereof a new revised Article 9 thereby clarifying, amending and adding to the law governing secured transac tions in personal property and fixtures and the sale of accounts and chattel paper including clarifications, revisions or additions relating to the scope of application of the Article.

HB 129. By Representatives Snow of the 1st, Walker of the 115th, Irvin of the 23rd and others:
A bill to amend Code Chapter 30-10, relating to divorce and alimony, as amended, so as to require consent of both parties prior to the grant ing of a total divorce based upon the ground that the marriage is irretrievably broken.

HB 116. By Representatives Harris of the 8th, Ross of the 76th, Carrell of the 75th and others:
A bill to repeal Code Section 92-204, relating to the exemption of toll bridges from property taxation; to repeal Code Section 92-205, relating to unlawful property tax exemptions by counties.
HB 635. By Representatives Johnson, Lee, Benefield and Wood 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 said officer.
HB 636. By Representatives Johnson, Lee, Benefield and Wood 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 said officers.
HB 637. By Representatives Johnson, Lee, Benefield and Wood 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 said officer.
HB 638. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to provide for a county supplement to the State salary of the District Attorney of the Clayton Judicial Circuit; to provide the pro cedures connected therewith; to provide an effective date.

THURSDAY, FEBRUARY 10, 1977

527

HB 639. By Representatives Connell of the 87th, Dent of the 85th, Beckham of the 89th and others:
A bill to amend an Act known as the "Augusta-Savannah River Parking and Urban Redevelopment Authority" so as to change the name of said Authority to the "Augusta Tomorrow Development Authority".

HB 640. By Representatives Connell of the 87th, Dent of the 85th, Beckham of the 89th and others:
A bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", as amended, so as to delete the mandatory provision relating to the appointment of elected officials on said Authority.

HB 650. By Representatives Mostiler and Carlisle of the 71st:
A bill to amend an Act abolishing the fee system as the mode of com pensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, as amended, so as to change the compensation of the Coroner of Spalding County.

HB 651. By Representatives Mostiler and Carlisle of the 71st:
A bill to repeal an Act fixing 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.

HB 652. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act entitled "An Act to provide a board of com missioners for the County of Elbert", as amended, so as to change the compensation of the Chairman of said board of commissioners.

HB 303. By Representative Greer of the 43rd:
A bill to amend an Act prescribing a maximum outside width for certain buses used for the purpose of providing transportation services in counties of this State having a population in excess of 256,000 according to the U.S. Census of 1960, as amended, so as to permit the operation in such counties of buses with a certain maximum outside width on certain highways which are a part of the National System of Interstate and Defense Highways.

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

HR 51. By Representative Smith of the 42nd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxation to resident home-

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JOURNAL OF THE SENATE,

owners in the City of Union City who are 65 years of age or older with
an annual income of six thousand dollars or less in an amount of four thousand dollars; to provide for the submission of this amendment for ratification or rejection.

HR 57. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to change the definition of the term "income" with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County so that the term "income" shall not include federal old-age, survivors or disability insurance benefits and benefits under the Federal Railroad Retirement Act.

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

HB 34. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for municipal primaries and elections held in conjunction with general primaries and elections.

HB 83. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to except certain vehicles from the requirement that metal protectors or substantial flexible flaps be maintained on the rear most wheels of certain motor vehicles.

HB 552. By Representatives Coleman of the 118th, Jackson of the 9th and Jessup of the 117th:
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 define the term "motorized bicycle".
HB 565. By Representatives Thompson of the 93rd and Bishop of the 94th:
A bill to amend Code Section 24A-401, relating to definitions of terms used in the Juvenile Court Code of Georgia, as amended, so as to change the definition of the term "child" to include any individual under the age of 18 years, if alleged to be a "deprived child".
HB 590. By Representatives Rainey of the 135th, Twiggs of the 4th, Peters of the 2nd and others:
A bill to amend an Act relating to State parks and recreational areas, as amended, so as to provide for certain definitions; to provide that certain acts shall be unlawful; to provide for penalties in connection therewith.

THURSDAY, FEBRUARY 10, 1977

529

HB 526. By Representatives Carlisle and Mostiler of the 71st, Jones of the 78th and others:
A bill to add one additional judge of the superior courts of the Griffin 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.

HB 156. By Representatives Clark, Milford and Mann of the 13th:
A bill to add one additional judge of the superior courts of Northern Judicial Circuit of Georgia; to provide for the appointment of the first additional judge and for the election of successors to such judge.

SB 12. By Senators Turner of the 8th and Eldridge of the 7th:
A bill to add one additional judge of the superior courts of the Alapaha 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; to repeal conflicting laws.

HB 145. By Representatives Karrh of the 106th, Evans of the 84th, Owens of the 77th and others:
A bill to add one additional judge to the Superior Courts of the Middle Judicial Circuit of Georgia; to provide for the appointment of the initial additional judge and his term of office; to provide for the subsequent election and term of office of said judge.

HB 31. By Representatives Howell of the 140th, Collins of the 144th, Lee of the 72nd and others:
A bill to amend Code Section 92-6905, relating to qualifications of members of county boards of tax assessors, as amended, so as to remove therefrom certain persons who shall be ineligible to serve as members of county boards of tax assessors.

HB 205. By Representative Taggart of the 125th:
A bill to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, as amended, so as to provide for the transfer of such tags.

HB 311. By Representatives Colwell and Twiggs of the 4th, Toles of the 16th and others:
A bill to amend an Act known as the "Conservation Ranger Act" so as to provide for pay grades for wildlife technicians.

530

JOURNAL OF THE SENATE,

HB 349. By Representative Lane of the 81st:
A bill to amend an Act approved Apr. 18, 1973 known as the Georgia Code of Public Transportation, as amended, so as to define "Urban area" for the purposes of the control of outdoor advertising.

HB 350. By Representative Lane of the 81st:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation, as amended, so as to provide the defini tion of construction to include striping, re-striping, and safety modifica tions; to provide an effective date.

HB 487. By Representatives Kemp of the 139th, Davis of the 99th, Greene of the 138th and others:
A bill to amend Code Section 34-1406 relating to voting by absentee electors, so as to provide for additional requirements for casting absentee ballots.

HB 488. By Representatives Kemp of the 139th, Davis of the 99th and others:
A bill to amend Code Section 34-1405 relating to the duties of the superintendent and board of registrars in relation to absentee ballots, so as to provide for a minimum time within which absentee ballots shall be prepared for certain elections.

HB 464. By Representatives Johnson, Benefield, Wood and Lee of the 72nd and others:
A bill to amend an Act providing for a tax on certain deeds, instruments or other writings transferring real estate, approved Apr. 18, 1967, as amended, so as to exempt from taxes on the transfer from real property deeds issued in lieu of foreclosure and deeds issued by court order.

HB 121. By Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th and others:
A bill to amend Code Section 40-1814, relating to the annual report of the State Auditor, so as to provide for public inspection of said report.

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

SB 18. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to comprehensively revise the adoption laws of this State; to provide for jurisdiction and venue in adoption proceedings; to define who may adopt children; to require surrender or termination of parental rights prior to adoption except in certain cases; to set forth the require ments and form of a surrender of parental rights.

THURSDAY, FEBRUARY 10, 1977

531

SB 106. By Senator Kidd of the 25th:
A bill to repeal Code Section 58-607, relating to the sale of liquors near Central State Hospital.

The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House:

HR 125. By Representatives Buck of the 95th, Lambert of the 112th, Connell of the 87th and others:
A resolution relative to the regulation of natural gas.

The House has agreed to the Senate amendment to the House amendment to the following resolution of the Senate:

SR 13. By Senators Turner of the 8th, Timmons of the llth, Russell of the 10th and others:
A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
The following bills of the Senate were introduced, read the first time and referred to committees:

SB 257. By Senator Doss of the 52nd:
A bill to amend Code Chapter 56-13, relating to fees and taxes under the Georgia Insurance Code, as amended, so as to authorize the In surance Commissioner to waive the collection of any amount due the State as a penalty under the provisions of Code Title 56, the Georgia Insurance Code. Referred to Committee on Banking, Finance and Insurance.

SB 258. By Senator Doss of the 52nd:
A bill to amend Code Section 56-507, relating to the standards applicable to rates, so as to provide that consideration shall be given to the insurer's average yield from investment income. Referred to Committee on Banking, Finance and Insurance.

SB 259. By Senators Johnson of the 34th, Doss of the 52nd and Hudson of the 35th:
A bill to amend an Act to prohibit certain unauthorized transfers and reproductions of recorded material, so as to change the penalty for violation of the provisions of the Act. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

SB 260. By Senator Pearce of the 16th:
A bill to amend Code Chapter 110-10, relating to dormant judgments and their revival, as amended, so as to exclude certain judgments from the application of dormancy and statute of limitations provisions. Referred to Committee on Judiciary.

SB 261. By Senator Broun of the 46th:
A bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, as amended, so as to authorize the State Revenue Commissioner to extend the life of five-year license plates. Referred to Committee on Banking, Finance and Insurance.
SB 262. By Senator Dean of the 6th:
A bill to provide for the regulation of locksmiths and key makers; to create the State Board of Locksmiths; to provide for 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 Gov ernment.
SB 263. By Senators Howard of the 42nd, English of the 21st and Fincher of the 54th:
A bill to create the Probate Judges Council of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 264. By Senators Pearce of the 16th and Reynolds of the 48th:
A bill to amend Code Chapter 24-17, relating to powers, election, qualifi cation and fees of judges of the probate courts, as amended, so as to substantially revise, supersede and change the provisions relating to fees of the judges of the probate courts; to provide for a deposit of cost. Referred to Committee on Judiciary.

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

HB 303. By Representative Greer of the 43rd:
A bill to amend an Act prescribing a maximum outside width for certain buses used for the purpose of providing transportation services in coun ties of this State having a population in excess of 256,000 according to the U.S. Census of 1960, as amended, so as to permit the operation in

THURSDAY, FEBRUARY 10, 1977

533

such counties of buses with a certain maximum outside width on certain highways which are a part of the National System of Interstate and Defense Highways.
Referred to Committee on County and Urban Affairs.

HB 635. By Representatives Johnson, Lee, Benefield and Wood 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 said officer. Referred to Committee on County and Urban Affairs.

HB 636. By Representatives Johnson, Lee, Benefield and Wood 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 said officers. Referred to Committee on County and Urban Affairs.

HB 637. By Representatives Johnson, Lee, Benefield and Wood 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 said officer. Referred to Committee on County and Urban Affairs.

HB 638. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to provide for a county supplement to the State salary of the District Attorney of the Clayton Judicial Circuit; to provide the procedures connected therewith; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 639. By Representatives Connell of the 87th, Dent of the 85th, Beckham of the 89th and others:
A bill to amend an Act known as the "Augusta-Savannah River Parking and Urban Redevelopment Authority" so as to change the name of said Authority to the "Augusta Tomorrow Development Authority". Referred to Committee on County and Urban Affairs.

HB 640. By Representatives Connell of the 87th, Dent of the 85th, Beckham of the 89th and others:
A bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", as amended, so as to delete the mandatory provision relating to the appointment of elected officials on said Au thority. Referred to Committee on County and Urban Affairs.

534

JOURNAL OF THE SENATE,

HB 650. By Representatives Mostiler and Carlisle of the 71st:
A bill to amend an Act abolishing the fee system as the mode of com pensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, as amended, so as to change the compensation of the Coroner of Spalding County. Referred to Committee on County and Urban Affairs.

HB 651. By Representatives Mostiler and Carlisle of the 71st:
A bill to repeal an Act fixing 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. Referred to Committee on County and Urban Affairs.

HB 652. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act entitled "An Act to provide a board of commis sioners for the County of Elbert", as amended, so as to change the compensation of the Chairman of said board of commissioners. Referred to Committee on County and Urban Affairs.

HB 31. By Representatives Howell of the 140th, Collins of the 144th, Lee of the 72nd and Phillips of the 120th:
A bill to amend Code Section 92-6905, relating to qualifications of members of county boards of tax assessors, as amended, so as to remove therefrom certain persons who shall be ineligible to serve as members of county boards of tax assessors. Referred to Committee on Banking, Finance and Insurance.

HB 32. By Representatives Lee, Johnson, Benef ield and Wood of the 72nd:
A bill to add one additional judge of the Superior Court of the Clay ton Judicial Circuit of Georgia, so as to provide for three judges in said court; to provide for the appointment, election and term of office of said judge; to fix a time at which he shall begin his term of office. Referred to Committee on Judiciary.

HB 34. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for municipal primaries and elections held in conjunction with general primaries and elections. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 37. By Representative Smith of the 42nd: A bill to amend Code Title 68B, relating to motor vehicle driver's

THURSDAY, FEBRUARY 10, 1977

535

licenses, so as to provide exemptions to persons temporarily operating farm implements on highways of this State for farm purposes from having a license; to provide for the reexamination of holders of veterans' or honorary licenses.
Referred to Committee on Transportation.

HB 65. By Representative Walker of the 115th:
A bill to amend Code Section 69-318, relating to sale of municipal property, as created by an Act approved Mar. 5, 1976 so as to authorize the sale by municipalities of certain real property in established industrial parks or in municipally designated industrial development areas. Referred to Committee on Industry, Labor and Tourism.

HB 83. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to except certain vehicles from the requirement that metal protectors or substantial flexible flaps be maintained on the rear most wheels of certain motor vehicles. Referred to Committee on Transportation.

HB 116. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and Ross of the 76th:
A bill to repeal Code Section 92-204, relating to the exemption of toll bridges from property taxation; to repeal Code Section 92-205 relating to unlawful property tax exemptions by counties. Referred to Committee on Banking, Finance and Insurance.

HB 121. By Representatives Richardson of the 52nd, Hawking of the 50th, Steinberg of the 46th and others:
A bill to amend Code Section 40-1814, relating to the annual report of the State Auditor, so as to provide for the public inspection of said report. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 124. By Representatives Karrh of the 106th, Irvin of the 23rd, Snow of the 1st and others:
A bill to repeal the present Article 9 of the Uniform Commercial Code and to substitute in place thereof a new revised Article 9 thereby clarifying, amending and adding to the law governing secured trans actions in personal property and fixtures and the sale of accounts and chattel paper including clarifications, revisions or additions relating to the scope of application of the Article.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 129. By Representatives Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Chapter 30-10, relating to divorce and alimony, as amended, so as to require consent of both parties prior to the granting of a total divorce based upon the ground that the marriage is irretrievably broken. Referred to Committee on Judiciary.

HB 145. By Representatives Karrh of the 106th, Evans of the 84th, Owens of the 77th and others:
A bill to add one additional judge to the Superior Courts of the Middle Judicial Circuit of Georgia; to provide for the appointment of the initial additional judge and his term of office; to provide for the subsequent election and term of office of said judge.
Referred to Committee on Judiciary.

HB 156. By Representatives Clark, Milford and Mann of the 13th:
A bill to add one additional judge of the superior courts of Northern Judicial Circuit of Georgia; to provide for the appointment of the first additional judge and for the election of successors to such judge; to prescribe the powers of said judge. Referred to Committee on Judiciary.

HB 205. By Representative Taggart of the 125th:
A bill to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, as amended, so as to provide for the transfer of such tags. Referred to Committee on Transportation.

HB 260. By Representatives Robinson of the 58th, Richardson of the 52nd, Vaughn of the 57th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, approved Mar. 19, 1943, as amended, so as to change the provisions relative to the definition of "teacher" as applied to regional and county librarians and clerical personnel of such libraries.
Referred to Committee on Retirement.

HB 311. By Representatives Cohvell and Twiggs of the 4th, Rainey of the 135th and others:
A bill to amend an Act known as the "Conservation Ranger Act" ap proved April 19, 1973, as amended, so as to provide for pay grades for wildlife technicians. Referred to Committee on Natural Resources and Environmental Quality.

THURSDAY, FEBRUARY 10, 1977

537

HB 349. By Representative Lane of the 81st:
A bill to amend an Act approved April 18, 1973 known as the Georgia Code of Public Transportation, as amended, so as to define "Urban area" for purposes of the control of outdoor advertising. Referred to Committee on Transportation.

HB 350. By Representative Lane of the 81st:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation, as amended, so as to provide the definition of construction to include striping, re-striping, and safety modifica tions ; to provide an effective date. Referred to Committee on Transportation.

HB 356. By Representatives Carnes of the 43rd and Snow of the 1st:
A bill to amend Code Chapter 27-7, relating to indictments, presentments and accusations in general, as amended, 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 464. By Representatives Johnson, Benefield, Wood and Lee of the 72nd, and Pinkston of the 100th:
A bill to amend an Act providing for a tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967, as amended, so as to exempt from taxes on the transfer of real property deeds issued in lieu of foreclosure and deeds issued by court orders. Referred to Committee on Judiciary.

HB 487. By Representatives Kemp of the 139th, Davis of the 99th, Greene of the 138th and Walker of the 115th:
A bill to amend Code Section 34-1406 relating to voting by absentee electors, so as to provide for additional requirements for casting absentee ballots.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 488. By Representatives Kemp of the 139th, Davis of the 99th, Greene of the 138th and Walker of the 115th:
A bill to amend Code Section 34-1405 relating to the duties of the superintendent and board of registrars in relation to absentee ballots, so as to provide for a minimum time within which absentee ballots shall be prepared for certain elections.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

538

JOURNAL OF THE SENATE,

HB 552. By Representatives Coleman of the 118th, Jackson of the 9th and Jessup of the 117th:
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 define the term "motorized bicycle". Referred to Committee on Transportation.

HB 526. By Representatives Carlisle and Mostiler of the 71st, Adams of the 79th and others:
A bill to add one additional judge of the superior courts of the Griffin 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.
HB 565. By Representatives Thompson of the 93rd and Bishop of the 94th:
A bill to amend Code Section 24A-401, relating to definitions of terms used in the Juvenile Court Code of Georgia, as amended, so as to change the definition of the term "child" to include any individual under the age of 18 years, if alleged to be a "deprived child". Referred to Committee on Judiciary.
HB 590. By Representatives Rainey of the 135th, Twiggs of the 4th, Gammage of the 17th and others:
A bill to amend an Act relating to State parks and recreational areas, as amended, so as to provide for certain definitions; to provide that certain acts shall be unlawful; to provide for penalties in connection therewith. Referred to Committee on Natural Resources and Environmental Quality.

HR 51. By Representative Smith of the 42nd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxation to resident homeowners in the City of Union City who are 65 years of age or older with an annual income of six thousand dollars or less in an amount of four thousand dollars; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 57. By Representative Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to change the definition of the term "income" with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County so that the term "income" shall not include Federal old-age, survivors or

THURSDAY, FEBRUARY 10, 1977

539

disability insurance benefits and benefits under the Federal Railroad Retirement Act.
Referred to Committee on County and Urban Affairs.

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

Senator Sutton of the 9th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 111. Do pass. SR 77. Do pass. HB 271. Do pass. HB 525. Do pass. HB 539. Do pass. HB 547. Do pass as amended. HB 555. Do pass. HB 556. Do pass. HB 557. Do pass. HB 560. Do pass. HB 561. Do pass. HB 563. Do pass.
HB 569. Do pass. HB 570. Do pass. HB 573. Do pass. HB 577. Do pass. HR 133. Do pass.
Respectfully submitted, Senator Sutton of 9th District, Chairman

Senator Langford of the 51st District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:

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JOURNAL OP THE SENATE,

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 45. Do pass by substitute. SB 209. Do pass. HB 75. Do pass. HB 77. Do pass by substitute. HB 499. Do pass. HB 227. Do pass. HB 229. Do pass. HB 189. Do pass. HB 27. Do pass. HB 35. Do not pass. HB 36. Do not pass.
SR 83. Do pass as amended.
SB 246. Do pass as amended.
Respectfully submitted, Senator Langford of 51st 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 of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 583. Do pass by substitute. Respectfully submitted, Senator Doss of 52nd 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 bill

THURSDAY, FEBRUARY 10, 1977

541

of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 248. Do pass.
Respectfully submitted, Senator Overby of 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendation:
HB 23. Do pass.
Respectfully submitted, Senator Gillis of 20th 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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 134. Do pass by substitute. Respectfully submitted, Senator Brown of 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 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 91. Do pass by substitute. SB 224. Do pass as amended. SR 27. Do pass. SR 68. Do pass.
Respectfully submitted, Senator Eldridge of 7th District, Chairman

542

JOURNAL OF THE SENATE,

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 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 197. Do pass.
SB 242. Do pass.
SB 245. Do pass.
Respectfully submitted, Senator Reynolds of 48th District, Chairman

The following bills and resolution of the Senate were read the second time:

SB 25. 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 ac cumulate all unused sick leave from one school year to the next up to a certain maximum number of days.

SB 29. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others: A bill to provide jury leave for persons employed as teachers in the public schools of this State; to provide for payment of compensation dur ing any period of such leave.

SB 87. By Senators Evans of the 37th, Hudgins of the 16th, Johnson of the 34th and others:
A bill to amend Code Chapter 85-4, relating to the prescriptive rights in property, as amended, so as to provide for the reclamation and sub sequent sale of abandoned cemetery lots; to provide a definition; to provide for proceedings in the superior court.

SB 98. By Senators Reynolds of the 48th and Barnes of the 33rd:
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"; to provide an effective date.

SB 101. By Senators Summers of the 53rd, Lester of the 23rd and Tate of the 38th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change certain provisions relative to interest; to change the provisions relative to local retirement systems.

THURSDAY, FEBRUARY 10, 1977

543

SB 102. By Senators Summers of the 53rd, Lester of the 23rd and Tate of the 38th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for the retirement of members with less than 10 years of creditable service under certain circumstances.

SB 145. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend Chapter 24-29 of the Code of Georgia, as amended, relating to District Attorneys, so as to revise and bring up to date said Code Chapter by codifying certain Acts of the General Assembly; to strike Section 24-2904, relating to the salary and fees of the District Attorneys.

SB 165. By Senators Robinson of the 27th and Kennedy of the 4th:
A bill to amend an Act known as the "Georgia Special Adult Offender Act of 1975", as amended, so as to change the effective date of said Act.

SB 166. By Senator Kennedy of the 4th:
A bill to amend an Act known as "The Uniform Act to Secure the At tendance of Witnesses From Without the State", so as to provide that when a jurisdiction requests that a prisoner confined in a penal institu tion in this State be required to testify in a criminal proceeding in the requesting jurisdiction, the requesting jurisdiction may be required to perform the physical transfer of the prisoner to and from the re questing jurisdiction.

SB 174. By Senator Banks of the 17th:
A bill to amend Code Section 68A-902.1, relating to the chemical tests of a person's blood, breath, urine or other bodily substances, so as to provide that physicians, registered nurses, or other qualified persons shall incur no civil or criminal liability as a result of the proper obtaining of blood specimens for the purpose of determining the alcoholic content thereof when requested in writing by a law enforcement officer to administer such test.

SB 193. By Senators Sutton of the 9th, Shapard of the 28th and Barnes of the 33rd:
A bill to amend Code Chapter 79A-10, relating to drugs and cosmetics, as amended, so as to provide for the advertisement of drugs, devices and cosmetics.

SB 213. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to provide that the State of Georgia shall be a party to the "Compact for Education"; to declare the purpose and policy of said Compact; to provide for the designation and appointment of the Georgia

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JOURNAL OF THE SENATE,

members of the Education Commission of the States; to provide for the establishment of the Georgia Education Council; to provide the pro cedures connected with the foregoing.

SB 214. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to amend an Act known as the "Adequate Program for Educa tion in Georgia Act", as amended, so as to define certain terms; to authorize the State Board of Education to establish criteria, policies, and standards for demonstration school systems; to authorize the State Board of Education to designate certain local school systems as demonstration systems.

SB 215. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to be known as the "Adequate Program for Education in Georgia Act", as amended, so as to provide a basis for allocation of funds needed for compensatory education expenses to local units of administra tion; to provide authorization for expenditure of compensatory education funds; to provide an effective date.

SB 216. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change certain provisions con cerning the allocation of administrative and supervisory personnel; to provide an effective date.

SB 235. By Senators Howard of the 42nd and Stumbaugh of the 55th:
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 un supported testimony of the female.
SR 65. By Senator Carter of the 14th:
A resolution proposing an amendment to the Constitution, so as to authorize the State Board of Education to establish and maintain a curriculum laboratory and to retain the revenues produced therefrom for the purposes of such curriculum laboratory.
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 201. By Senators Riley of the 1st and Wessels of the 2nd:
A bill to amend an Act abolishing the office of County Treasurer in and for the County of Chatham, as amended, so as to grant and transfer the former duties of the county treasurer to the Finance Director of Chatham County.

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545

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 222. By Senator Doss of the 52nd:
A bill to amend an Act placing the District Attorney of the Rome Judicial Circuit on an annual salary, as amended, so as to change the compensation provisions relating to the Assistant District Attorney to conform to State standards.

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 223. 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 provide for annual salaries of the members of the board of education.

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

On the passage of the bill, the yeas were 50, nays 0.

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

SB 225. By Senator Reynolds of the 48th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, as amended, so as to change the provisions relative to the compensation of the tax commissioner.

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

On the passage of the bill, the yeas were 50, nays 0.

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

SB 226. By Senator Reynolds of the 48th:
A bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis of compensation, so as to change the provisions relative to the compensation of the Sheriff, Clerk of the Superior Court, and Judge of the Probate Court of Gwinnett County.

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

On the passage of the bill, the yeas were 50, nays 0.

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

SB 227. By Senator Reynolds of the 48th: A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, so as to change the provisions relating to the compensation of the Chairman of the Board of Commissioners of Gwinnett County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 180. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the terms of court of said judicial circuit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 50, nays 0.

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

THURSDAY, FEBRUARY 10, 1977

547

HB 296. By Representative Cox of the 141st:
A bill to amend an Act placing the Sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the employment and com pensation of deputies and other employees.

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

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 348. By Representative Foster of the 152nd: A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden 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 351. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating the Towns County Water and Sewerage Authority, approved April 3, 1972, so as to change the provisions relating to the creation of such Authority; to provide for the member ship and 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 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 408. By Representative Owens of the 77th:
A bill to provide for a supplement to the compensation, salary, expenses and allowances of the Clerk of the Superior Court of Columbia County; to provide an effective date.

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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 50, nays 0.

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

HB 434. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act establishing The Mayor and Council of the City of Athens Employee's Pension Plan, so as to provide for the voluntary extension of service beyond the normal retirement age by employees wishing to work to age 65, and to further provide that maximum age for membership shall be age 45 for police and fire employees and age 47 for all other city employees.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 448. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Union County known as the fee system and providing an annual salary for said officer, approved Feb. 27, 1970, so as to change the provisions relative to the compensation 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 50, nays 0.

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

HB 455. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to fix the salary of the coroner in all counties of this State having a population of not less than 34,300 and not more than 36,000 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.

THURSDAY, FEBRUARY 10, 1977

549

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 456. By Representatives Keyton of the 143rd and Long of the 142nd:
A bill to amend an Act creating a board of commissioners for the County of Thomas, as amended, so as to change the compensation of the chairman and other members of the board of commissioners of Thomas 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 459. 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 duties, powers and compensa tion, so as to change the expense allowance of the chairman of the board of commissioners; to provide an expense allowance for the members of the board of commissioners other than the chairman.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 460. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the compensation of the special 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 50, nays 0.

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

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JOURNAL OF THE SENATE,

HB 461. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the compensation of the sheriff's secretary.

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 462. By Representative Hudson of the 137th: A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the salary of the deputy 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 465. By Representatives Johnson, Lee, Benefield and Wood of the 72nd: A bill to amend an Act creating the Board of Commissioners of Clayton County, approved Feb. 8, 1955, as amended, so as to change the com pensation of the Chairman and the other members of the Board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 467. By Representatives Dover of the llth and Colwell and Twiggs of the 4th:
A bill to amend an Act creating a board of commissioners of White County, so as to change the provisions relative to the compensation of the chairman and other members of said board.

THURSDAY, FEBRUARY 10, 1977

551

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 477. By Representative Owens of the 77th:
A bill to provide for a supplement to the compensation, salary expenses and allowances of the Sheriff of Columbia County; to provide an effective date.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 482. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to change the method of appointing members of the Clayton County Hospital Authority; to provide for filling vacancies for full and unexpired terms; to provide that only one member of the medical profes sion may serve as a member of the Hospital Authority at the same time.

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 483. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Twiggs 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.

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

HB 484. By Representative Birdsong of the 103rd:
A bill to abolish the present mode of compensating the Tax Commis sioner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs and 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 485. By Representative Birdsong of the 103th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Twiggs 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 494. By Representatives Foster and Wheeler of the 152nd and Hudson of the 137th:
A bill to amend an Act establishing the State Court of Coffee County, approved August 19, 1919, as amended, so as to change the compensation of the judge and of the solicitor of the court.

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

On the passage of the bill, the yeas were 50, nays 0.

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

THURSDAY, FEBRUARY 10, 1977

553

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

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not answering were Senators Duncan and Stephens.

Senator Lester of the 23rd introduced the chaplain of the day, Dr. C. A. Dabney, pastor of Hillcrest Baptist Church, Augusta, Georgia, who offered prayer.
SENATE RULES CALENDAR Thursday, February 10, 1977
SB 100 Juvenile Court Code--define certain terms (AMs) SB 159 Insurance--certain institutions prohibited from being licensed to
sell (SUB) SB 195 Meat Inspection Act--exempt rabbit slaughter from requirements SB 200 Industrial Loan Act--increase monthly maintenance charge SB 204 Motorist Protection Act of 1977--enact (SUB)
Respectfully submitted,
/a/ Frank Eldridge, Jr. Eldridge of the 7th, 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:

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SB 100. By Senators Hudgins of the 15th, Starr of the 44th, Bell of the 5th and others:
A bill to amend Code Title 24A, the Juvenile Court Code, as amended, so as to define certain terms; to change the provisions relating to the apprehension, custody and release of children; to provide for certain types of detention prior to a court hearing.

The Senate Committee on Judiciary offered the following amendment:
Amend SB 100 by deleting on Page 2, line 26, between the words "Chapter" and "such" the following:
"27-24"
and inserting in lieu thereof: "27-4"

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment was adopted.
The Senate Committee on Judiciary offered the following amendment:
Amend SB 100 by striking1 on Page 4, beginning on line 8, in subsection, (e), the following:
"12 hours. If a parent or guardian or juvenile court intake officer has not assumed custody of the child at the end of such period or if the child has not been brought before the juvenile court, the child shall be released from custody. In no case shall such a child in custody be detained in a jail.";
and inserting in lieu thereof the following:
"12 hours. If a parent or guardian has not assumed custody of the child at the end of such period or if the child has not been brought before the juvenile court, or if an intake officer has not made a detention decision, the child shall be released from custody. In no case shall such a child in custody be detained in a jail."

On the adoption of the amendment, the yeas were 38, nays 5, and the amend ment was adopted.
The Senate Committee on Judiciary offered the following amendment:
Amend SB 100 by adding on Page 4, line 20, in Section 3, after the word "security", the following:

THURSDAY, FEBRUARY 10, 1977

555

", other than a county juvenile detention facility or regional youth development center,".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

The Senate Committee on Judiciary offered the following amendment:
Amend SB 100 by adding on Page 4, line 24, in Section 3, between the word "court" and the word "determines", the following:
"or its designated intake officer".
On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

The Senate Committee on Judiciary offered the following amendment:
Amend SB 100 by adding on Page 5, line 10, in Section 4, subsection (e), the following:
"A child unruly or alleged to be unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) or in a secure juvenile detention facility. In no case shall an unruly or alleged unruly child be held in a secure detention facility longer than a total period of 72 hours."

On the adoption of the amendment, the yeas were 35, nays 4, and the amend ment was adopted.

The Senate Committee on Judiciary offered the following amendment: Amend SB 100 deleting on Page 6, line 8 the following: "27-24"
and inserting in lieu thereof: "27-4".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

Senator Hudgins of the 15th offered the following amendment: Amend SB 100 as follows:

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JOURNAL OP THE SENATE,

By adding in the title on line 4 of Page 1, immediately preceding the words "to provide", the following:

"to provide for the apprehension, custody and release of status offenders;"; and

by striking from Section 1, beginning on line 18 of Page 1, the following:

"a new subsection to be designated subsection (k)",

and inserting in lieu thereof the following:

"two new subsections to be designated subsections (k) and (1) "; and

by adding at the end of Section 1, between lines 3 and 4 of Page 2, a new subsection (1) to read as follows:

"(1) A status offender is a juvenile who is charged with or adjudicated of an offense which would not be a crime if it were committed by an adult. In other words, the act is only an offense because of the perpetrator's status as a juvenile. Such offenses shall include, but are not limited to, truancy, running away from home, incorrigibility and unruly behavior."

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

Senator Barnes of the 33rd moved to commit SB 100 to the Committee on Judiciary.

Senator Hudgins of the 15th moved the previous question.

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

On the motion, the yeas were 28, nays 3; the motion prevailed, and the previous question was ordered.

Senator Barnes of the 33rd moved to table SB 100.

On the motion, the yeas were 11, nays 31; the motion was lost, and SB 100 was not tabled.

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

THURSDAY, FEBRUARY 10, 1977

557

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Bell Bond Brantley Broun of 46th Carter Coverdell Doss Duncan Evans Foster

Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Wessels

Those voting in the negative were Senators:

Barnes Brown of 47th Dean of 31st Eldridge

English Gillis Greene Hill

Langford Summers Sutton Walker

Those not voting were Senators:

Dean of 6th

Fincher

Holloway (excused conferee)

On the passage of the bill, the yeas were 41, nays 12.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 159. By Senators Duncan of the 30th, Thompson of the 32nd, Hudson of the 35th and others:
A bill to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, 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 Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 159:
A BILL
To be entitled an Act to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, so as to prohibit certain institutions and entities constituting or being part of the Farm Credit System and certain of their employees

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JOURNAL OF THE SENATE,

from being licensed to sell or solicit insurance; to provide for procedures in connection with the implementation of this Act; 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 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, is hereby amended by adding at the end thereof a new Code Section 56-323, to read as follows:

"56-323. Farm Credit System institutions prohibited from transacting insurance, (a) No institution included in the Farm Credit System, as set forth and identified in 12 U.S.C.A., Section 2002 (Pub. Law 92-181, Sec. 1.2, Dec. 10, 1971, 85 Stat. 583) or any subsidiary or affiliate thereof doing business in this State, nor any officer or employee of any institution included in the Farm Credit System, or any subsidiary or affiliate thereof, may directly or indirectly be licensed to sell or solicit any type of insurance, ex cept the following: (1) Credit Life and Accident and Health in an amount appropriate to insure repayment of the loan; (2) Crop hail, hail or wind damage to crops; (3) Insurance against loss of any collateral securing a loan extended by an affiliate bank or associa tion of the Federal Credit System for the full value of such col lateral. The right to place collateral insurance, however, shall continue only so long as the underlying loan remains outstanding, or until the expiration of the policy, which shall be no longer than twelve (12) months. The purposes of this section 'Collateral Securing a Loan' shall include only that property which is subject to the formal security interest granted in connection with the secured loan and duly filed and recorded in the County where the debtor resides. The purposes of this section 'Collateral Securing a Loan' shall not include any property acquired by the debtor after the date the underlying loan was made unless the secured party shall make an advance to the debtor, or otherwise given new value which is to be secured in whole or in part by after-acquired prop
erty.

(b) The Insurance Commissioner is authorized to promulgate
rules and regulations in order to effectuate the purposes of this Section which are to maintain the separation between those insti tutions constituting the Farm Credit System and the insurance business, and to minimize the possibility of unfair competitive prac tices resulting from the sale or solicitation of insurance in con nection with loans or other extensions of credit by institutions con stituting or being a part of the Farm Credit System.

(c) For the purposes of this Section, institutions constituting the Farm Credit System shall include the federal land banks, the federal land bank associations, the federal intermediate credit banks, the production credit associations, the banks for cooperatives, and such other institutions as may be made part of the system, all of which are chartered by and subject to the supervision of the Farm Credit Administration."

THURSDAY, FEBRUARY 10, 1977

559

Section 2. Any person holding a license to sell or solicit insurance at the time of passage of this Act and disqualified under the terms of Section 1 of this Act, upon termination of his association as an employee or officer, or both, of any Farm Credit System institution or affiliate or subsidiary thereof, shall have his license reissued, upon request, without the necessity of taking or passing any examination. Applications shall be made within sixty (60) days from the date of termination of such employment.

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 36, nays 0, and the substitute was adopted.

Senator Paulk of the 13th moved that he be excused from voting on SB 159, stating that he had a personal interest in the results.

On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Paulk of the 13th was excused from voting on SB 159.

Senator Dean of the 6th moved that the Senate reconsider its action in adopt ing the committee substitute to SB 159.

On the motion, the yeas were 15, nays 19; the motion was lost, and the committee substitute to SB 159 was not reconsidered.

The 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:

Allgood Ballard Banks Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 31st Doss Duncan English

Evans Foster Gillis Holloway Howard Hudson Johnson Lester McGill Overby Pearce Reynolds Riley Robinson

Russell Scott Shapard Starr Stumbaugh Summers Tate Thompson Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Barker Brown of 47th Dean of 6th Eldridge

Greene Hill Kennedy Kidd

Langford Sutton Timmons Traylor

Those not voting were Senators :

Fincher Hudgins

Paulk (excused)

Stephens

On the passage of the bill, the yeas were 40, nays 12.

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

Senator Dean of the 6th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 159.

Senator Foster of the 50th introduced the doctor of the day, Dr. Jack Johnston, of Dahlonega, Georgia.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 106. By Senator Kidd of the 2,5th:
A bill to repeal Code Section 58-607, relating to the sale of liquors near Central State Hospital.

The House amendment was as follows:
Amend SB 106 by deleting the word "country" on line 22, Page 1, and inserting in lieu thereof the word "county".

Senator Kidd of the 25th moved that the Senate agree to the House amend ment to SB 106.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Bell Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Duncan Eldridge English Evans Foster

THURSDAY, FEBRUARY 10, 1977

561

Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester

McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard Stephens

Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bond Fincher

Hudgins Starr

Thompson

On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 106.

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

SB 195. 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 "Georgia Meat Inspection Act", so as to exempt from the requirements contained therein pertaining to inspection of the slaughter of animals and of the preparation of carcasses, parts thereof, and meat and meat products rendered from the slaughter of animals.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan

Eldridge English Evans Foster Gillis Greene Hill Holloway

562
Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

JOURNAL OF THE SENATE,

Pearce Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Not voting were Senators Fincher and Hudgins.

On the passage of the bill, the yeas were 54, nays 0.

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

SB 204. By Senators Barker of the 18th, Robinson of the 27th and Bond of the 39th:
A bill to enact the "Motorist Protection Act of 1977"; to provide a short title; to provide definitions; to control certain practices in the automotive repair industry; to provide for the enforcement and admin istration of this Act; to prohibit certain acts; to provide for investiga tions and complaints.

The Senate Committee on Consumer Affairs offered the following substitute to SB 204:
A BILL
To be entitled an Act to enact the "Motorist Protection Act of 1977"; to provide a short title; to provide definitions; to control certain practices in the automotive repair industry; to provide for the enforcement and administration of this Act; to prohibit certain acts; to provide for in vestigations and complaints; to provide procedures for such investiga tions and complaints; to provide for administrative procedures; to provide for estimates; to provide for injunctions and the filing of criminal charges; to provide for civil actions; to provide for fines; 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. This Act shall be known and may be cited as the "Motorist Protection Act of 1977".
Section 2. Definitions. As used in the Act, unless the context other wise requires, the term:

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563

(a) "Administrator" means the Administrator of the Pair Business Practices Act of 1975.

(b) "Attorney General" means the Attorney General of the State or his designate.

(c) "Motor vehicle repair facility" means a place of business operated by an association, incorporated or unincorporated, or natural person or other legal entity, which performs services for compensation, directly or indirectly, with regard to motor vehicle repairs.

(d) "Motor vehicle" means any device including automobiles, motor cycles, motor trucks, trailers, and all other vehicles operated over the public highways and streets of this State and propelled by power other than muscular power, but does not include traction engines, road rollers, implements of husbandry and other agricultural equipment and such vehicles as run only upon a truck.

(e) "Repair" means the reconditioning, adjustment, alteration, maintenance, or diagnosis of the operating condition of a motor vehicle with or without the replacement of any component or subassembly of a motor vehicle, for compensation or under the terms of a warranty.

(f) "Knowing violations" means actual awareness of the falsity or deception, but actual awareness may be inferred where objective mani festations indicate that a person acted with actual awareness.

Section 3. Enforcement and Administration. The duty of enforc ing and administering this Act is vested in the Administrator of the Fair Business Practices Act of 1975.

Section 4. Unlawful Acts. In the repair of a motor vehicle, it shall be an unfair or deceptive practice for a motor vehicle repair facility to:

(a) Misrepresent that repair of a motor vehicle is needed when it is not.

(b) Misrepresent what repair is needed for a motor vehicle.

(c) Misrepresent that a repair has been made to a motor vehicle when it has not been made.

(d) Charge more than the fee agreed to by a consumer prior to the disassembly of a part of a motor vehicle, to reassemble such part.

(e) Make any gross departure from or show flagrant disregard of accepted trade standards for good and workmanlike repair which is prejudicial to another without consent of the owner or his duly au thorized representative.

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(f) Make any false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or mainte nance of a motor vehicle.

(g) Make false promises regarding the time needed to perform repairs or misrepresent that repairs will be completed within a certain period of time when in fact they are not.

Section 5. Investigations and Complaints. The Administrator shall, on his own initiative or in response to complaints, investigate on a continuous basis and gather evidence of violations of this Act by any automotive repair business or mechanic, and by any employee, partner, officer, or member of any automotive repair businesses' staff. The Administrator shall establish procedures for accepting complaints under this Act.
Section 6. Invoices. All repairs of a motor vehicle performed by an automotive repair facility, including all warranty work, shall be recorded on an invoice which shall describe all service work done and parts supplied, and which shall contain the name and address of the automotive repair business or which shall be imprinted so as to readily identify the automotive repair business. Service work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for service work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each. If any used, rebuilt or reconditioned parts or component systems are supplied, that fact should be clearly stated on the invoice. If a part of a component system is composed of new and used, new and rebuilt, or new and reconditioned parts, such facts shall be clearly stated on the invoice. A copy of the invoice shall be given to the customer.

Section 7. Estimates, (a) When the customer so requests before repairs of a motor vehicle are performed, the automotive repair facility shall give to the customer a written estimated price for service work and parts necessary for a specific repair of a motor vehicle. No work shall be done and no charges shall accrue before authorization to
proceed is obtained from the customer. No charge shall be made for service work performed or parts supplied which exceeds the written estimate by 10% (ten percent) or $10 (ten dollars), whichever is greater, without the oral or written consent of the customer which shall be obtained at a time after it is determined that the estimated price is insufficient and before the work not estimated is done or the parts not estimated are supplied. Nothing in this Section shall be construed as requiring an automotive repair dealer to give a written estimated
price if the dealer is not willing to perform the requested repair.

(b) Nothing in this Section shall be construed as preventing the automotive repair facility from charging a fee for making an estimate, providing such fee is clearly explained to the customer and is agreed to by the customer before the estimate is done.

(c) If any charge is made by the facility for reassembly of the motor vehicle, whether disassembly was necessary for making an estimate or for the repair of the motor vehicle, such charge shall be clearly stated and agreed to by the customer before the work is begun.

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565

(d) The automotive repair facility shall include with the written estimated price, a statement of any repair of a motor vehicle which will be done by anyone other than the facility or its employees. No repair of a motor vehicle shall be done by other than the facility or its employees without the consent of the customer, unless the customer cannot be reasonably notified. The facility shall be responsible, in any case, for any such repair of a motor vehicle in the same manner as if the facility or its employees had done the repair of the motor vehicle.
(e) Upon the request of the customer at the time the work order is taken, the automotive repair facility shall return replaced parts to the customer at the time of the completion of the work, excepting such parts as may be exempt because of size, weight, or other similar factors, from this requirement, and excepting such parts as the automotive repair facility is required to return to the manufacturer or distributor under a warranty arrangement. If such parts must be returned to the manufacturer or distributor, the customer shall have the right to see such parts before their return, provided the customer has so requested at the time the work order was taken, except that the facility shall not be required to show a replaced part when no charge is being made for the replacement part.
Section 8. Actions by Administrator for Equitable Relief, (a) Whenever the Administrator has reason to believe that any person is using, has used, or is about to use any method, act or practice declared in violation of this Act, and that proceedings would be in the public interest, whether or not any person has actually been misled, he may bring an action in the name of the State by filing a civil complaint against such a person to restrain or enjoin the use of such method, act, or practice. The complaint must state generally the relief sought and be served in accordance with the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended. The action may be brought in the Superior Court having jurisdiction over the de fendant by virtue of any provision of the Constitution or laws of the State of Georgia.

(b) Unless the Administrator determines that a person subject to the provisions of this Act designs quickly to depart from this State or to remove his property therefrom, or to conceal himself or his property therein, he shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are contem plated and allow such person a reasonable opportunity to appear before the Administrator and execute an assurance of voluntary compliance as in this Act provided. The determination of the Administrator hereunder shall be final and not subject to judicial review.

(c) The said courts are authorized to issue restraining orders or temporary or permanent injunctions or such orders as are necessary to restrain and prevent violations of this Act. Such injunctions or orders shall be issued notwithstanding the existence of adequate remedies at law.

(d) With the exception of consent judgments entered before any testimony is taken, a final judgment under this section is admissible as

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prima facie evidence of such specific findings of fact as may be made by the court which enters said judgment in subsequent proceedings by or against the same person, or his successors or assigns.

Section 9. Administrator's Actions for Damages. The Administrator may bring an action in a representative capacity to recover general, but not punitive damages on behalf of any person or persons entitled to bring an action in his or their own behalf pursuant to section 10(a) of this Act, provided that each party represented shall be individually listed as a party to the action.

Section 10. Private Actions, (a) Any person who suffers injury or damages as a result of acts or practices in violation of this Act may bring an action individually, but not in a representative capacity, against the person or persons engaged in such unlawful acts or practices under the rules of Civil Procedure to seek equitable injunctive relief and to recover his general damages sustained as a consequence thereof in any court having jurisdiction over the defendant. A claim under this section may also be asserted as a defense, set off, cross-claim, or counter-claim, or third party claim against such persons.

(b) If the court finds in any action that there has been a violation of this Act, the person injured by such violation shall in addition to other relief provided for in this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and expenses of litigation incurred in connection with said action; provided further that if the court finds the action was brought for the purpose of harrassment, the court shall award attorney's fees and expenses of litigation to the adverse party. Any award of attorney's fees and expenses of litigation shall become a part of the judgment and subject to execution as the laws of Georgia allow.

(c) Any manufacturer or supplier of merchandise whose act or omission, whether negligent or not, is the basis for action under this Act shall be liable for the damages assessed against or suffered by retailers charged under this Act. A claim of such liability may be asserted by cross-claim, third party complaint, or by separate action.

(d) It shall not be a defense in any action under this Act that others were, are, or will be engaged in like acts or practices.

Section 11. Assurance of Voluntary Compliance, (a) In the admin istration of this Act the Administrator may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of this Act from any person who is engaging in, has engaged in, or is about to engage in the act or practice. The assurance shall be in writing and shall be filed with the Clerk of the Superior Court of the County in which the alleged violator resides or does business or in the Superior Court of Fulton County. Said assurance of voluntary compliance
shall become the order of the Court.

(b) The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person in violation of this subchapter restore to any person in interest any money or property, real

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567

or personal, which may have been acquired by means of acts or practices which violate this Act.

(c) An assurance of voluntary compliance shall not be considered an admission of prior violation of this Act. However, unless an assurance has been rescinded by agreement of the parties or voided by a Court for good cause, subsequent failure to comply with the terms of an assurance is prirna facie evidence of a violation of this Act.

(d) Matters closed by the filing of an assurance of voluntary com pliance may be reopened by the Administrator for further proceedings in the public interest. Assurances of voluntary compliance shall in no way affect individual rights of action, except that the rights1 of individuals with regard to money or property received pursuant to a stipulation in the voluntary compliance under subsection (b) of this section are governed by the terms of the voluntary compliance.

Section 12. Investigation, (a) When it reasonably appears to the Administrator that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this Act, or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any act or practice declared to be unlawful by this Act, he may, with the consent of the Attorney General, execute in writing and cause to be served upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation an investigative demand requiring such person to furnish under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.

(b) If matters that the Administrator makes the subject of an investigative demand is located outside the State, the person receiving such investigative demand may either make it available to the Admin istrator at a convenient location within this State or pay the reasonable and necessary expenses for the Administrator or his representative to examine the matter at the place where it is located. The Administrator may designate representatives, including officials of the State in which the matter is located to inspect the matter on his behalf, and he may respond to similar requests from officials of other states.
(c) Within twenty (20) days after the service of any such in vestigative demand upon any person, or at any time before the return date specified in the demand, whichever period is longer, such person may file, in the Superior Court of Pulton County or in the county where said person resides or has its principal place of business, and serve upon the Administrator a complaint for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part, as deemed proper and ordered by the court, shall not run during the pendency of such complaint in the court. Such

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complaint shall specify each ground upon which the complainant relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this Chapter, or upon any constitutional or other legal right or privilege of such person.

(d) (1) Each such demand shall state the nature of the conduct constituting the alleged violation of this Act which is under in
vestigation and the provision of law applicable thereto; describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; describe the nature, scope and purpose of the investigation with such definiteness and certainty as to permit any person whose testimony is sought to be fairly appraised of the subject matter of the inquiry; prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or re producing and the person (s) whose testimony is sought may prepare for the same; and identify the person to whom such material shall be made available.

(2) No such investigative demand shall:

(a) Contain any requirement which would be held to be un reasonable as contained in a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; or

(b) Require the production of any documentary evidence or oral testimony which would be privileged from disclosure if de manded by a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; provided, however, that the limitations on the scope of demand contained herein do not require as a condition to the issuance of an investigative demand that the alleged violation be of sufficient seriousness as to constitute a violation of the criminal laws of this State, as opposed to the civil provisions of this Act.

Section 13. Subpoenas, Hearings, Rules and Regulations and En forcement, (a) To carry out the duties prescribed by this Act, the Administrator, in addition to other power conferred upon him by this Act, may with the consent of the Attorney General, issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such procedural rules and regulations as may be neces sary, which procedural rules and regulations shall have the force of law.

(b) Upon failure of a person without lawful excuse to obey an investigative demand or subpoena, the Administrator may apply to a Superior Court having jurisdiction for an order compelling compliance.

(c) Information obtained pursuant to powers enforced by this Act shall not be made public or disclosed by the Administrator or his em ployees beyond the extent necessary for the enforcement of this Act.

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569

Section 14. Penalties, (a) Any person who violates the terms of an injunction issued under this Act shall forfeit and pay to the State a civil penalty of not more than $25,000 per violation. For purposes of this Section, the Superior Court issuing an injunction shall retain jurisdiction and the cause shall be continued, and in such cases the Administrator acting in the name of the State may petition for recovery of civil penalties.

(b) Knowing violation of this Act shall be a misdemeanor, and in addition, in any action brought under this Act, if the court finds that knowing violation has occurred, the Administrator, upon petition to the
court, may recover on behalf of the State a civil penalty of not exceeding $2,000 per violation.

(c) In the case of continuing offense each day shall be regarded as a separate violation.

(d) Any knowing violation by a corporation shall be deemed to be also that of the individual directors, officers, partners, employees or agents of the corporation, partnership or association, who had actual knowledge of the acts constituting such violation and who directly au thorized, supervised, ordered, or did any part of the acts constituting in whole or in part such violation, provided, however, no such individual directors, officers, partners, employees or agents shall have any in dividual liability under the provisions of this subsection, unless the corporation, partnership or association, as the case may be, which has committed the intentional violation shall fail to pay into the court with in 30 days after judgment sufficient monies or assets to satisfy the judgment.

(e) The Administrator shall have the authority to compromise or settle claims for penalty brought under this section.

Section 15. Duties of Solicitors of the State and Civil Courts and District Attorneys of the Superior Courts. It shall be the duties of the solicitors of the State and Civil Courts and the district attorneys of the Superior Court of this State to lend to the Administrator such assistance as the Administrator may request in the commencement and prosecution of specific actions pursuant to this Act.

Section 16. Statute of Limitations, (a) No action shall be brought under this Act:
(1) More than 2 years after the person bringing such action knew or should have known of the occurrence of the alleged viola tion ; or
(2) More than 2 years after the termination of any proceeding or action by the State of Georgia, whichever is later.
(b) Damages or penalties to which a person is entitled pursuant to this Act may be set off against the allegation of said person to the seller and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Section.

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Section 17. 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 unconstitutional were not originally a part hereof. The General As sembly 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 18. Provisions not Exclusive. The provisions of this Act are cumulative with other laws and are not exclusive. The rights or remedies provided for herein shall be in addition to any other procedures, rights, remedies or duties provided for in any other law or in decisions of the courts of this State dealing with the subject matter. All other laws or parts of laws in conflict with this Act are hereby repealed.

Section 19. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.

Section 20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McGill of the 24th offered the following amendment:
Amend the substitute offered by the Committee on Consumer Affairs to SB 204 by redesignating Sections 17, 18, 19 and 20 thereof as Sec tions 18, 19, 20 and 21, respectively and adding a new Section 17, to read as follows:
"Section 17. Applicability to certain new car dealers. The provisions of this Act shall not apply with respect to franchised new car dealers licensed pursuant to law."
Senator Barker of the 18th offered the following amendment:
Amend the substitute offered by the Committee on Consumer Affairs to SB 204 by adding a new subsection at the of Section 4 thereof, to be designated subsection (h), to read as follows:
"(h) Fail to perform promised repairs within the period of time agreed, or within a reasonable time, unless circumstances beyond the control of the repair business of which the business did not have reason to know at the time of consignment, prevent the timely performance of the repairs."
Senator Johnson of the 34th offered the following amendment:
Amend the substitute offered by the Committee on Consumer Affairs to SB 204 by adding at the end of line 11 of Page 3 the following:

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571

"Delays caused by factors or circumstances not within the control of motor vehicle repair facility personnel are expressly excluded from the coverage of this Section."

Senator Johnson of the 34th offered the following amendment:
Amend the substitute offered by the Committee on Consumer Affairs to SB 204 by deleting lines 22, 23 and 24 of Page 13.
Senator Johnson of the 34th offered the following amendment:
Amend the substitute offered by the Committee on Consumer Affairs to SB 204 by deleting in its entirety subsection (b) of Section 10, and by renumbering subsections (c) and (d) of Section 10 as subsections (b) through (c), respectively.

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute offered by the Committee on Consumer Affairs to SB 204 by adding at the end of line 10 of Page 9 the following:
", given upon a showing of probable cause."
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute offered by the Committee on Consumer Affairs to SB 204 by adding after the word "General" on line 28 of Page 11 the following:
", given upon a showing of probable cause."

Senator Evans of the 37th offered the following amendment:
Amend the substitute offered by the Committee on Consumer Affairs to SB 204 by deleting on Page 2, line 4 after the word "State" and before the word "propelled", the word "an",
and,
substituting in its place the word "and".

Senator Holloway of the 12th moved that the amendments to SB 204 be printed.

On the motion, the yeas were 32, nays 9; the motion prevailed, and the amendments to SB 204 were ordered printed.

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Senator Barker of the 18th moved that SB 204 be committed to the Committee on Consumer Affairs.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 204 was committed to the Committee on Consumer Affairs.

Senator Allgood of the 22nd moved that SB 204 be withdrawn from the Committee on Consumer Affairs and committed to the Committee on Judiciary.

On the motion, the yeas were 19, nays 21; the motion was lost, and SB 204 was not withdrawn from the Committee on Consumer Affairs.

SB 200. By Senator Bell of the 5th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to increase the monthly maintenance charge.

Senator Howard of the 42nd offered the following amendment:
Amend SB 200 by striking from line 14, after the word "collect" the words, "at the time the loan is made", and by striking from line 23, beginning with the word "any" and through and including the word "con tract" on line 25.

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

Senator Kidd of the 25th moved that he be excused from voting on SB 200, stating that he had a personal interest in the results.

On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Kidd of the 25th was excused from voting on SB 200.

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:

Allgood Ballard Banks Barker Bell Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Duncan Eldridge English Evans Foster

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573

Gillis Greene Holloway Hudgins Johnson Kennedy Langford Lester

McGill
Overby Paulk Pearce Reynolds Robinson Russell Stephens

Stumbaugh Sutton Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Bond Hill Howard

Hudson Riley Scott Shapard

Starr Tate Thompson

Those not voting were Senators:

Fincher

Kidd (excused)

Summers

On the passage of the bill, the yeas were 42, nays 11.

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

Senator Bell of the 5th moved that SB 200 be immediately transmitted to the House.

On the motion, the yeas were 28, nays 2; the motion prevailed, and SB 200 was immediately transmitted to the House.

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 1:15 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, February 11, 1977

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

Senator Johnson of the 34th reported that the Journal of yesterday's proceed ings had been read and found correct.

Senator Dean of the 6th moved that the Senate reconsider its action of February 10 in passing the following bill of the Senate:

SB 159. By Senators Duncan of the 30th, Thompson of the 32nd, Hudson of the 35th and others:
A bill to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, 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.

On the motion, Senator Dean of the 6th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Brantley Dean of 6th Dean of 31st Eldridge

Hudson Kennedy Kidd McGill

Stephens Stumbaugh Sutton

Those voting in the negative were Senators:

Allgood Ballard Banks Barker Bell Bond Broun of 46th Carter Doss Duncan English Evans

Foster Gillis Greene Hill
Holloway Hudgins Johnson Lester Overby Reynolds Riley Robinson

Those not voting were Senators:

Barnes Brown of 47th Coverdell

Fincher Howard Langford

Russell Scott Shapard Starr Summers Tate Thompson Timmons Turner Tysinger Walker Wessels
Paulk Pearce Traylor

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575

On the motion, the yeas were 11, nays 36; the motion to reconsider was lost, and SB 159 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 bills of the House and Senate:

HB 571. By Representatives Lambert of the 112th, Carlisle of the 71st and Murray of the 116th:
A bill to provide for establishment and operation of a State tourist center within the general vicinity or area of the domestic residence of any citizen of this State elected President of the United States; to provide for its establishment and operation by the Department of Indus try and Trade, at the direction of the Governor; to provide for an ef fective date.

SB 17. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to make certain technical corrections; to change the provisions relating to orders terminating parental rights.

SB 196. By Senators Riley of the 1st and Wessels of the 2nd:
A bill to amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of the State of Georgia, creating the Savannah District Authority, now known as the Savannah Port Authority so as to provide an alternative procedure whereby the Savan nah Port Authority can stimulate industrial expansion and develop ment.

HB 86. By Representative Childers of the 15th:
A bill to amend Code Section 34-1402, relating to application for the absentee ballot, as amended, and Code Section 34A-1304, relating to ap plication for the absentee ballot in municipal primaries and elections as amended.
HB 211. By Representatives Wall of the 61st, Phillips of the 59th and Harris of the 60th:
A bill to amend Code Chapter 79-3, relating to residents and aliens, so

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as to make it unlawful for any employer to knowingly employ an alien who is not entitled to lawful residence in the United States; to provide a penalty.

HB 598. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to clarify and define the function of the Georgia Peace Officer Standards and Training Council relative to peace officer training.

HB 294. By Representatives Battle of the 124th, Phillips of the 120th and others:
A bill to amend an Act providing for the development of water well standards and creating the Water Well Standards Advisory Council, approved Mar. 31, 1976, so as to change the assignment of the Council for administrative purposes.

HB 295. By Representatives Battle of the 124th, Phillips of the 120th, Mann of the 13th and others:
A bill to provide standards for the location, construction, abandoning and approval of individual and semipublic water wells; to provide a short title; to provide definitions.

HB 341. By Representatives Harrison, Nix and Isakson of the 20th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide for a separate classification and certification for professional school business officials employed in the public school systems.
HB 509. By Representatives Kilgore of the 65th, Murphy of the 18th, Cooper of the 19th and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district at torney for said circuit.
HB 535. By Representatives Burruss and Housley of the 21st, Kaley of the 19th and others:
A bill to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, so as to authorize and direct the State Revenue Commissioner to promulgate rules and regulations governing the processing, in any manner whatsoever, of applications for the registration of motor vehicles by private persons, firms or corporations.
HB 666. By Representatives Keyton of the 143rd and Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Pavo,

FRIDAY, FEBRUARY 11, 1977

577

Georgia (formerly the Town of Pavo), in the Counties of Thomas and Brooks which was approved Aug. 21, 1911, as amended.

HB 672. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the U. S. Decennial Census of 1970, or any future such census, so as to change the provisions relative to the assistant district attorney.

HB 673. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and Money of the 5th:
A bill to amend an Act creating a new Charter for the City of Rossville so as to change the provisions relating to the terms of office of the Mayor and Councilmen of the City of Rossville.

HB 674. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and Money of the 5th:
A bill to amend an Act consolidating the Officers of Tax Receiver and Tax Collector of Walker County into the Office of Tax Commissioner of Walker County so as to provide for the creation of a special fund from which salaries and expenses of the office of Tax Commissioner shall be paid.

HB 675. By Representatives Taggart of the 125th, Hill of the 127th, Jones of the 126th and others:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, as amended, so as to change the date of regular elections for the City of Savannah Beach, Tybee Island.

HB 676. By Representatives Harris of the 60th and Phillips of the 59th:
A bill to amend an Act establishing the State Court of Gwinnett County, as amended, so as to change the compensation of the judge and solicitor of the State court; to provide an effective date.

HB 677. By Representative Rainey of the 135th:
A bill to provide a new Charter for the City of Vienna in the County of Dooly; to provide for the corporate powers of said city; to provide for the governing authority; to provide for the administrative affairs of said city; to provide for municipal court; to provide for elections.

HB 680. By Representative Lord of the 105th:
A bill to amend an Act abolishing the fee system for the Sheriff of Glascock County and providing in lieu thereof an annual salary, so as

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to change certain provisions relating to the sheriff's furnishing an automobile and receiving compensation therefor.

HB 685. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, as amended, so as to change the compensation of the County Commissioner of Haralson County; to provide an effective date.

HB 686. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County, as amended, so as to change the provisions relating to an expense account for the Treasurer of Haralson County, to provide an effective date.

HB 687. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the U. S. Decennial Census of 1970, or any future such census.

HB 688. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, as amended, so as to change the provisions relating to the expense allowance of the chairman and the members of the board of commissioners.

HB 689. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Douglas County on annual salaries, as amended, so as to change the provisions relative to the compensation of the clerk, sheriff, judge of the probate court and tax commissioner.

HB 690. By Representatives Foster and Wheeler of the 152nd, and Hudson of the 137th:
A bill to amend an Act to create and establish a Small Claims Court in and for Coffee County, so as to change the jurisdiction amount of the court; to require issuance of service from said court within a specified period of time after the filing of a claim.

HB 691. By Representatives Foster and Wheeler of the 152nd, and Stone and Greene of the 138th:
A bill to provide for the election of members of the Board of Education

FRIDAY, FEBRUARY 11, 1977

579

of Pierce County; to provide the manner of electing members to the board; to provide for compensation of the members of the Board; to provide for the filling of vacancies on the Board.

SB 89. By Senator Foster of the 50th:
A bill to amend an Act placing the Clerk of the Superior Court of Rabun County on an annual salary, as amended, so as to change the compensation of the clerk of the superior court.

SB 90. By Senator Foster of the 50th:
A bill to repeal an Act placing the clerk of the superior court of each county with a population of not less than 8,250 and not more than 8,330, according to the United States Decennial Census of 1970 or any future such census, on an annual salary.

SB 164. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Jones County and providing in lieu thereof an annual salary, as amended, so as to authorize the appointment of a clerk; to provide for the compensation, duties and powers of the clerk.

SB 169. By Senator Kidd of the 25th:
A bill to amend an Act creating a Board of Commissioners for Baldwin County, as amended, so as to provide that the governing authority of Baldwin County may in its discretion become a self-insurer as to all insurance and surety bonds acquired by said county.

SB 172. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the present mode of compensating the Judge of the Probate Court of Jones County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the provisions relating to the employment of personnel by the judge of the probate court.

SB 177. By Senator Shapard of the 28th:
A bill to repeal an Act 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 United States Decennial Census of 1970 or any future such census.

HB 67. By Representatives Walker of the 115th, Culpepper of the 98th and others:
A bill to amend Code Section 30-202.1, relating to the grant of attorney's fees in cases involving alimony or divorce so as to provide that the grant of such fees is within the sound discretion of the court, except

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that the court shall consider the financial circumstances of the wife, as well as those of the husband.

HB 274. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for a system of pensions for officers and employees of cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members of such system for frac tional parts of years in all computations of creditable service.

HB 275. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for pensions for members of police departments in cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members for fractional parts of years in all computations of creditable service.

HB 276. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for a system of pensions and other benefits for members of paid fire departments in cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members of such system for fractional parts of years in all computa tions of creditable service.

HB 568. By Representatives Randall of the 101st, Lucas of the 102nd, Birdsong of the 103rd and others:
A bill to change certain provisions creating the Civil Service System and Board of Bibb County, so as to change the number of members of said Board; to provide for terms and appointment of said members; to provide for a quorum.

HB 659. By Representative Castleberry of the lllth:
A bill to provide a new Charter for the City of Preston in the County of Webster; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.

HB 664. By Representative Culpepper of the 98th:
A bill to amend Code Section 92-6905, relating to qualifications of members of county boards of tax assessors, as amended, so as to authorize a person who is a county tax appraiser to serve as a member of the county board of tax assessors under certain circumstances in all counties of this State having a population of not less than 5,700 nor more than 5,750, according to the U. S. Decennial Census of 1970.

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581

HB 667. By Representative Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Chatsworth, as amended, so as to redefine the corporate limits of said city.

HB 668. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and Money of the 5th:
A bill to create the Walker County Water and Sewerage Authority; to authorize the Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations.

HB 669. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to provide for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this State having a population of not less than 103,000 and not more than 135,000, ac cording to the U. S. Decennial Census of 1970.

HB 670. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and Money of the 5th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Walker County and providing in lieu thereof an annual salary, as amended.

HB 671. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, as amended, so as to change the compensation which may be paid to the clerk-typist of the district attorney.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 138. By Representatives Hill of the 127th and Scott of the 123rd:
A resolution proposing an amendment to the Constitution so as to authorize the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum election under certain conditions; to provide for the submission of this amendment for ratification or rejection.
HR 163. By Representatives Housley of the 21st, Wilson, Kaley and Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that all residents of the Cobb County School District who are 62 years of age or over shall be granted a homestead exemption for the full value of their homes from all Cobb County School District ad valorem taxes.

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JOURNAL OF THE SENATE,

HR 164. By Representatives Harrison, Isakson and Nix of the 20th and others:
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 Cobb County shall have jurisdiction; to provide for the sub mission of this amendment for ratification or rejection.

The House has adopted the following resolutions of the House and Senate:
HR 206. By Representatives Murphy of the 18th, Triplett of the 128th, Scott of the 123rd and many others:
A resolution extending an invitation to the President of the United States, the Honorable Jimmy Carter, to make an address before a Joint Session of the House of Representatives and the Senate.

SR 78. By Senator Russell of the 10th: A resolution commending Mr. S. W. "Sam" Brooks, Jr.

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

SB 265. By Senator Overby of the 49th:
A bill to amend the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that all cities and local authorities may adopt all or a portion of the "Uniform Act Regulating Traffic on High ways". Referred to Committee on Transportation.

SB 266. By Senator Overby of the 49th:
A bill to amend Article XV of Code Title 68A, relating to application and effect of "The Uniform Rules of the Road", as amended, so as to provide that certain offenses contained in said Code Title may be tried in certain courts of municipalities. Referred to Committee on Transportation.

SB 267. By Senator Overby of the 49th:
A bill to amend an Act providing for the appointment of an attorney or attorneys to represent indigent defendants in criminal cases involving capital felonies and appeal from convictions thereof, so as to change the provisions relating to the appointment and payment of compensa tion and expenses to appointed attorneys.
Referred to Committee on Judiciary.

SB 268. By Senators Banks of the 17th, Scott of the 43rd, Reynolds of the 48th and others:
A bill to amend Code Section 56-507, relating to standards applicable

FRIDAY, FEBRUARY 11, 1977

583

to insurance rates, so as to provide that casualty and property insurers shall notify and give each policyholder certain information in writing at least 30 days in advance of any premium rate increase.
Referred to Committee on Banking, Finance and Insurance.

SB 269. By Senator Langford of the 51st:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to change the provisions relating to cancel lation where interests of lienholders are affected. Referred to Committee on Banking, Finance and Insurance.

SB 270. By Senator Barker of the 18th:
A bill to amend an Act to provide the procedures under which surplus State Property shall be disposed of, as amended, so as to provide for disposition of certain surplus books and other printed materials. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SB 27]. By Senator Langford of the 51st:
A bill to amend Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, as amended, so as to provide that the Commissioner may require certain insurers to make additional special deposits of securities under certain circum stances. Referred to Committee on Banking, Finance and Insurance.

SB 272. By Senators Johnson of the 34th, Riley of the 1st, Wessels of the 2nd and others:
A bill to create the position of Consumers' Utility Counsel; to provide for a statement of purpose and intent; to provide for definitions; to provide for the appointment and employment of the Consumers' Utility Counsel. Referred to Committee on Consumer Affairs.

SB 273. By Senator Carter of the 14th:
A bill to amend an Act known as "The Uniform Standards Code for Mobile Homes Act", as amended, so as to authorize the Georgia Safety Fire Commissioner to enter into contracts or cooperative agreements. Referred to Committee on Banking, Finance and Insurance.

SB 274. By Senator Evans of the 37th:
A bill to amend Code Section 92-4105, as amended, which pertains to the limitation on cities' right of taxation by exempting traveling sales men and certain merchants, dealers and their employees from taxation, by adding to subsection (d) of Code Section 92-4105 the words "or any subsequent census". Referred to Committee on Banking, Finance and Insurance.

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SB 275. By Senator McGill of the 24th:
A bill to amend an Act creating a new charter for the City of Washing ton, as amended, so as to change the penalty provisions relating to the violation of ordinances and resolutions. Referred to Committee on County and Urban Affairs.

SB 276. By Senator Holloway of the 12th:
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 suspend ing or revoking a license must post an appeal bond of $10,000.00. Referred to Committee on Banking, Finance and Insurance.
SB 277. By Senator Holloway of the 12th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to change the provisions relating to inactive status for brokers and associate brokers; to change the provisions relating to the issuance of checks which are returned unpaid. Referred to Committee on Banking, Finance and Insurance.

SR 85. By Senators Johnson of the 34th, Riley of the 1st, Wessels of the 2nd and others:
A resolution proposing an amendment to the Constitution, so as to change the provisions relating to the membership and the election of a chairman and members of the Public Service Commission; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Public Utilities.

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

HB 274. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for a system of pensions for officers and employees of cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members of such system for frac tional parts of years in all computations of creditable service.
Referred to Committee on County and Urban Affairs.

HB 275. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for pensions for members of police departments in cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members for fractional parts of years in all computations of creditable service.
Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 11, 1977

585

HB 276. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for a system of pensions and other benefits for members of paid fire departments in cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members of such system for fractional parts of years in all computations of creditable service.
Referred to Committee on County and Urban Affairs.

HB 568. By Representatives Randall of the 101st, Lucas of the 102nd, Birdsong of the 103rd and others:
A bill to change certain provisions creating the Civil Service System and Board of Bibb County, so as to change the number of members of said Board; to provide for terms and appointment of said members; to provide for a quorum.
Referred to Committee on County and Urban Affairs.

HB 659. By Representative Castleberry of the lllth:
A bill to provide a new Charter for the City of Preston in the County of Webster; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections. Referred to Committee on County and Urban Affairs.
HB 664. By Representative Culpepper of the 98th:
A bill to amend Code Section 92-6905, relating to qualifications of members of county boards of tax assessors, as amended, so as to authorize a person who is a county tax appraiser to serve as a member of the county board of tax assessors under certain circumstances in all coun ties of this State having a population of not less than 5,700 nor more than 5,750, according to the U. S. Decennial Census of 1970. Referred to Committee on County and Urban Affairs.

HB 666. By Representatives Keyton of the 143rd and Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Pavo, Georgia (formerly the Town of Pavo), in the Counties of Thomas and Brooks which was approved Aug. 21, 1911, as amended. Referred to Committee on County and Urban Affairs.

HB 667. By Representative Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Chatsworth, as amended, so as to redefine the corporate limits of said city. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 668. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and Money of the 5th:
A bill to create the Walker County Water and Sewerage Authority; to authorize the Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations.
Referred to Committee on County and Urban Affairs.

HB 669. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to provide for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this State having a population of not less than 103,000 and not more than 135,000, ac cording to the U. S. Decennial Census of 1970. Referred to Committee on County and Urban Affairs.
HB 670. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and Money of the 5th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Walker County and providing in lieu thereof an annual salary, as amended. Referred to Committee on County and Urban Affairs.
HB 671. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, as amended, so as to change the compensation which may be paid to the clerk-typist of the district attorney. Referred to Committee on County and Urban Affairs.
HB 672. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the U. S. Decennial Census of 1970, or any future such census, so as to change the provisions relative to the assistant district attorney. Referred to Committee on County and Urban Affairs.

HB 673. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and Money of the 5th:
A bill to amend an Act creating a new Charter for the City of Rossville so as to change the provisions relating to the terms of office of the Mayor and Councilmen of the City of Rossville. Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 11, 1977

587

HB 674. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and Money of the 5th:
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 provide for the creation of a special fund from which salaries and expenses of the office of Tax Commissioner shall be paid.
Referred to Committee on County and Urban Affairs.

HB 675. By Representatives Taggart of the 125th, Hill of the 127th, Jones of the 126th and others:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, as amended, so as to change the date of regular elections for the City of Savannah Beach, Tybee Island. Referred to Committee on County and Urban Affairs.

HB 676. By Representatives Harris of the 60th and Phillips of the 59th:
A bill to amend an Act establishing the State Court of Gwinnett County, as amended, so as to change the compensation of the judge and solicitor of the State court; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 677. By Representative Rainey of the 135th:
A bill to provide a new Charter for the City of Vienna in the County of Dooly; to provide for the corporate powers of said city; to provide for the governing authority; to provide for the administrative affairs of said city; to provide for municipal court; to provide for elections. Referred to Committee on County and Urban Affairs.

HB 680. By Representative Lord of the 105th:
A bill to amend an Act abolishing the fee system for the Sheriff of Glascock County and providing in lieu thereof an annual salary, so as to change certain provisions relating to the sheriff's furnishing an auto mobile and receiving compensation therefor. Referred to Committee on County and Urban Affairs.

HB 685. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, as amended, so as to change the compensation of the County Commissioner of Haralson County; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 686. By Representative Murphy of the 18th: A bill to amend an Act providing an annual salary for the Treasurer

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JOURNAL OP THE SENATE,

of Haralson County, as amended, so as to change the provisions i-Sating to an expense account for the Treasurer of Haralson County; to provide an effective date.
Referred to Committee on County and Urban Affairs.

HB 687. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the U. S. Decennial Census of 1970, or any future such census.
Referred to Committee on County and Urban Affairs.

HB 688. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, as amended, so as to change the provisions relating to the expense allowance of the chairman and the members of the board of commissioners.
Referred to Committee on County and Urban Affairs.

HB 689. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Douglas County on annual salaries, as amended, so as to change the provisions relative to the compensation of the clerk, sheriff, judge of the probate court and tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 690. By Representatives Poster and Wheeler of the 152nd and Hudson of the 137th:
A bill to amend an Act to create and establish a Small Claims Court in and for Coffee County, so as to change the jurisdictional amount of the court; to require issuance of service from said court within a specified period of time after the filing of a claim.
Referred to Committee on County and Urban Affairs.

HB 691. By Representatives Foster and Wheeler of the 152nd, and Stone and Greene of the 138th:
A bill to provide for the election of members of the Board of Education of Pierce County; to provide the manner of electing members to the board; to provide for compensation of the members of the Board; to provide for the filling of vacancies on the Board. Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 11, 1977

589

HB 67. By Representatives Walker of the 115th, Culpepper of the 98th, Foster of the 6th and others:
A bill to amend Code Section 30-202.1, relating to the grant of attorney's fees in cases involving alimony or divorce so as to provide that the grant of such fees is within the sound discretion of the court, except that the court shall consider the financial circumstances of the wife, as well as those of the husband.
Referred to Committee on Judiciary.

HB 86. By Representative Childers of the 15th:
A bill to amend Code Section 34-1402, relating to application for the absentee ballot, as amended, and Code Section 34A-1304, relating to application for the absentee ballot in municipal primaries and elections, as amended. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 211. By Representatives Wall of the 61st, Phillips of the 59th and Harris of the 60th:
A bill to amend Code Chapter 79-3, relating to residents and aliens, so as to make it unlawful for any employer to knowingly employ an alien who is not entitled to lawful residence in the United States; to provide a penalty. Referred to Committee on Industry, Labor and Tourism.

HB 294. By Representatives Battle of the 124th, Phillips of the 120th, Banner of the 130th and others:
A bill to amend an Act providing for the development of water well standards and creating the Water Well Standards Advisory Council, approved Mar. 31, 1976, so as to change the assignment of the Council for administrative purposes. Referred to Committee on Natural Resources and Environmental Quality.

HB 295. By Representatives Battle of the 124th, Phillips of the 120th, Hanner of the 130th and others:
A bill to provide standards for the location, construction, abandoning and approval of individual and semipublic water wells; to provide a short title ("Water Well Standards Act") ; to provide definitions. Referred to Committee on Natural Resources and Environmental Quality.

HB 341. By Representatives Harrison, Nix and Isakson of the 20th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide for a separate classification and certification for professional school business officials employed in the public school systems. Referred to Committee on Education.

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JOURNAL OF THE SENATE,

HB 509. By Representatives Kilgore of the 65th, Murphy of the 18th, Cooper, Kaley and Wilson of the 19th and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit. Referred to Committee on Judiciary.

HB 535. By Representatives Burruss and Housley of the 21st, Kaley, Wilson and Cooper of the 19th and others:
A bill to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, so as to authorize and direct the State Revenue Commissioner to promulgate rules and regulations governing the processing, in any manner whatsoever, of applications for the registration of motor vehicles by private persons, firms or corporations.
Referred to Committee on Transportation.

HB 571. By Representatives Lambert of the 112th, Carlisle of the 71st and Murray of the 116th:
A bill to provide for establishment and operation of a State tourist center within the general vicinity or area of the domestic residence of any citizen of this State elected President of the United States; to provide for its establishment and operation by the Department of Industry and Trade, at the direction of the Governor; to provide for an effective date.
Referred to Committee on Industry, Labor and Tourism.

HB 598. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to clarify and define the function of the Georgia Peace Officer Standards and Training Council relative to peace officer training. Referred to Committee on Judiciary.

HR 138. By Representatives Hill of the 127th and Scott of the 123rd:
A resolution proposing an amendment to the Constitution so as to authorize the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum election under certain conditions; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

HR 163. By Representatives Housley of the 21st, Wilson, Kaley and Cooper of the 19th and others:
A resolution proposing an amendment to. the Constitution so as to provide that all residents of the Cobb County School District who are

FRIDAY, FEBRUARY 11, 1977

591

62 years of age or over shall be granted a homestead exemption for the full value of their homes from all Cobb County School District ad valorem taxes.
Referred to Committee on County and Urban Affairs.

HR 164. By Representatives Harrison, Isakson and Nix of the 20th and others:
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 Cobb 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 55. Do pass. Respectfully submitted, Senator McGill of the 24th District, Chairman

Senator Howard of the 42nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 48. Do pass. HB 59. Do pass. HB 212. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

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JOURNAL OF THE SENATE,

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:
SR 71. Do pass.
HB 130. Do pass.
HB 143. Do pass.
HB 410. 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tion:
HB 293. Do pass as amended. Respectfully submitted, Senator Gillis of the 20th 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 tions :
SB 79. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman
The following bills and resolutions of the Senate and House were read the second time:
SB 91. 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

FRIDAY, FEBRUARY 11, 1977

593

the governing authority of any department, agency, board, bureau, commission or political subdivision of any county, municipal corpora tion, board of education, at which official actions are to be taken are public meetings and shall be open to the public at all times.

SB 134. By Senators Traylor of the 3rd, Hudgins of the 15th, Wessels of the 2nd and others:
A bill to provide for a cohesive statewide emergency telephone number system; to provide a short title; to provide for legislative intent; to de fine certain terms; to provide for a statewide plan; to provide for regional systems.

SB 197. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to extend jurisdiction of courts of municipalities to try violations of Section 126D of such Act.

SB 209. By Senator Dean of the 6th:
A bill to amend an Act known as the "Jekyll Island-State Park Au thority Act", as amended, so as to change the membership of the Au thority.

SB 224. By Senators Holloway of the 12th, Riley of the 1st and Starr of the 44th:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy; to provide for definitions; to require certain persons and entities to file annual reports.

SB 242. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to revise the definition of "self-liquidating"; to provide for other matters; to provide for an effective date.

SB 245. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to designate the Department of Trans portation as the State agency to offer rail service continuation payments under certain circumstances.

SB 246. By Senators Starr of the 44th and Langford of the 51st:
A bill to amend an Act requiring certain reports of nonprofit contrac tors who contract with State agencies, so as to provide that the pro visions of the Act shall not apply to contracts less than $10,000 in amount; to provide an effective date.

594

JOURNAL OP THE SENATE,

SB 248. By Senator Bell of the 5th:
A bill to amend Code Section 26-2904, relating to licenses to carry pistols or revolvers, as amended, so as to change the provisions relative to the requirements for applications for such licenses.

SR 27. By Senators Barnes of the 33rd, Shapard of the 28th, Turner of the 8th and others:
A resolution creating the Services for the Aged Study Committee.

SR 68. By Senators Johnson of the 34th, Shapard of the 28th, Evans of the 37th and others:
A resolution creating the Georgia Tax Revision Study Commission.

SR 83. By Senator Paulk of the 13th:
A resolution requiring the salvage of recyclable paper in the Capitol Complex and providing for the implementation of a salvage program.

HB 583. By Representatives Horton of the 43rd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act" of 1951", as amended, so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide for an effective date.

HB 23. By Representatives Lambert of the 112th, and Carlisle and Mostiler of the 71st:
A bill to provide for the regulation of the quality of water in Georgia's public water systems which are used to provide the public with piped water for human consumption; to designate the Division of Environ mental Protection of the Department of Natural Resources as the State agency to administer the provisions of this Act; to provide for the enforcement of drinking water rules and regulations.

HB 27. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide that the Secretary of State shall disseminate certain information concerning primaries and elections to candidates for federal and state office and Probate Judges.

HB 75. By Representative McDonald of the 12th:
A bill to authorize the Department of Public Safety to make awards to employees of the Department in recognition of outstanding service, heroism and other exemplary acts to or on behalf of the Department or State; to provide for defraying the costs thereof.

FRIDAY, FEBRUARY 11, 1977

595

HB 77. By Representative McDonald of the 12th:
A bill to amend an Act known as the "Georgia Firefighter Standards and Training Act", so as to provide that the Georgia Firefighter Standards and Training Council shall be assigned to the Dept. of Public Safety; to provide for funding in connection therewith.

HB 189. By Representatives Tolbert and Butler of the 56th, Linder of the 44th and Williamson of the 45th:
A bill to amend Code Section 34-1302, relating to voter's certificates, as amended, so as to change the provisions relative to such voter's certificate.

HB 227. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change certain definitions; to delete the au thority of ex officio members of the Authority to delegate certain powers to their deputies.
HB 229. By Representative Adams of the 36th:
A bill to amend an Act creating the State Planning and Programming Bureau so as to change from $20.00 per day to $36.00 per day the per diem authorized for members of the advisory committee to the Bureau of Community Affairs in matters relating to area or multi-county plan ning and development.
HB 499. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to establish a Department of Community Affairs and provide its powers, duties and functions; to create the Board of Community Affairs and provide its functions, composition and operation; to create the office of Commissioner of Community Affairs.
SB 111. By Senator Stephens of the 36th:
A bill to abolish the position of Special Assistant to the Solicitor General of the Criminal Court of Fulton County, now the State Court of Fulton County; to provide that the number of Assistant Solicitors of the Crim inal Court of Fulton County, now the State Court of Fulton County, be increased to a total of nine.
SR 77. By Senator Banks of the 17th:
A resolution proposing an amendment to the Constitution, so as to pro vide that if the City of Barnesville and County of Lamar Development Authority is dissolved for any reason, title to all property held by the Authority shall be conveyed to Lamar County and the City of Barnes ville subject to certain conditions.
HB 271. By Representatives Coleman of the 118th and Rowland of the 119th:
A bill to provide a new Charter for the City of Dudley, Georgia, in the

596

JOURNAL OF THE SENATE,

County of Laurens; 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 525. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967, so as to change the jurisdiction of said court; to change the method of appointment of the judge; to change the fees charged in said court; to provide for additional fees.
HB 539. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act placing certain of the county officers of Morgan County on an annual salary, so as to change the provisions thereof relative to the compensation of the assistants of the Clerk of the Superior Court of Morgan County.

HB 547. By Representatives Foster and Wheeler of the 152nd, and Stone and Greene of the 138th:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court, the Tax Commissioner, the Chairman of the Board of Commissioners, and the members of the Board of Commissioners of Brantley County.

HB 557. By Representative Rowland of the 119th:
A bill to amend an Act creating the State Court of Laurens County so as to change the provisions relative to the compensation of the judge and solicitor.

HB 556. By Representative Rowland of the 119th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County so as to change the compensation of the tax commis sioner.

HB 555. By Representative Rowland of the 119th:
A bill to amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees so as to change the compensation of the Judge of the Probate Court.

HB 560. By Representative Bray of the 70th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Talbot County, known as the fee system; to provide in lieu thereof an annual salary.

FRIDAY, FEBRUARY 11, 1977

597

HB 561. By Representative Bray of the 70th:
A bill to amend an Act incorporating the City of Warm Springs, ap proved December 20, 1893, as amended, so as to change the compensation of the Mayor and Council.

HB 563. By Representative Sizemore of the 136th:
A bill to amend an Act establishing a State Court of Worth County so as to change the salary of the judge and the solicitor of said court.

HB 569. 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, as amended, so as to increase the compensation of the Judge of the Probate Court of Upson County.

HB 570. By Representative Adams of the 79th:
A bill to amend an Act providing for the compensation of the Sheriff of Upson County and providing for said salary to be in lieu of the fee system of compensation, so as to increase the annual salary of the Sheriff of Upson County.

HB 573. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to create the Albany-Dougherty Inner City Authority; to estab lish said Authority as a public body corporate and politic and as an instrumentality of the State of Georgia; to provide for the membership of the Authority and the terms of its members.
HB 577. By Representative Ham of the 80th:
A bill to amend an Act to abolish the present method of compensating the Sheriff of Monroe County so as to provide for a budget for the sheriff; to provide for arbitration concerning budget disputes.

HR 133. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A resolution proposing an amendment to the Constitution so as to change the membership of the Oconee County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection.

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

Allgood Ballard Banks Barker

Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell

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JOURNAL OF THE SENATE,

Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudgins

Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell

Scott Shapard
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels

Those not answering were Senators:

Duncan

Timmons

Traylor

Senator Tate of the 38th introduced the chaplain of the day, Bishop Joseph C. Coles, of Atlanta, Georgia, who offered prayer.

The following resolutions of the Senate and House were read and adopted:

SR 86. By Senators McGill of the 24th, Turner of the 8th, Russell of the 10th and others:
A resolution urging the Governor to designate March 21, 1977, as Georgia Agriculture Day.

SR 87. By Senators Thompson of the 32nd, Barnes of the 33rd and Brantley of the 56th:
A resolution expressing regrets at the passing of the Honorable G. W. "Romeo" Hudgins.

SR 88. By Senator Starr of the 44th: A resolution commending Miss Gayla Norris.

SR 89. By Senator Timmons of the llth: A resolution commending Mr. George M. Phillips.

HR 206. By Representatives Murphy of the 18th, Triplett of the 128th, Scott of the 123rd and others:
A resolution extending an invitation to the President of the United States, the Honorable Jimmy Carter, to make an address before a Joint Session of the House of Representatives and the Senate.

FRIDAY, FEBRUARY 11, 1977

599

Senator Doss of. the 52nd moved that the following bill of the House be with drawn from the Committee on Education and committed to the Committee on Higher Education.

HB 112. By Representatives Karrh of the 106th, Carrell of the 75th, Logan of the 62nd and others:
A bill to provide for the regulation of certain educational institutions and activities; to provide for a short title ("Post Secondary Educational Authorization Act").

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 112 was withdrawn from the Committee on Education and committed to the Committee on Higher Education.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 94. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriations Act", so as to change certain appropriations for the fiscal year 1976-77.

The Conference Committee Report on HB 94 was as follows:

The Conference Committee on HB 94 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 94 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Paul C. Broun Senator, 46th District

/s/ Joe Frank Harris Representative, 8th District

/s/ Al Holloway Senator, 12th District

/s/ Marcus Collins Representative, 144th District

/s/ John R. Riley Senator, 1st District

/s/ Clarence R. Vaughn, Jr. Representative, 57th District

Conference Committee Substitute to HB 94:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriations Act",

600

JOURNAL OF THE SENATE,

approved March 25, 1976 (Ga. Laws 1976, p. 785), so as to change certain appropriations for the fiscal year 1976-77; to make'language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing appropriations for the fiscal year 1976-77, known as the "General Appropriations Act", approved March 25, 1976 (Ga. Laws 1976, p. 785), is hereby amended by striking the following:

"PART I. LEGISLATIVE BRANCH"

and Sections 1 through 57, and inserting in lieu thereof the following:

"PART I. LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch _._.___..__.____._...._.$ 1. Operations .__._._.___..,,.............____,,........_......_.._...__..$ Total Funds Budgeted ____._._______..______.________________.$ State Funds Budgeted .__..__.____.__.___.__.,,...._..__.$

8,100,000
7,650,000 7,650,000 7,650,000

2. For Election Blanks and Other Election Expenses .._..__.___._.______.__.___.___._...._.$
Total Funds Budgeted ..............__.....__..__.._..........$ State Funds Budgeted ______________________________________$

450,000 450,000 450,000

Budget Unit Object Classes:

Operations

,,-

$

Election Blanks and Other

Election Expenses

,,_,,.._..$

7,650,000 450,000

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 Governor and Speaker of the House of Representatives; for mem bership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services

FRIDAY, FEBRUARY 11, 1977

601

Committee; for the maintenance, repair, construction, 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 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 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 ex pended 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 ap propriated to the Legislative Branch of Government with a view toward determining which are legitimate legisla tive expenses and which should be paid for from other appropriations.
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 .....______.._...............__._._.$

2,698,432
2,358,432 2,358,432 2,358,432
340,000 340,000 340,000

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

2,358,432 340,000

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court ....._..._...._...___..$ 1,212,567

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the

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JOURNAL OF THE SENATE,

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 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. Ses sion, pp. 478-481.

Provided, however, that the sum of $7,000 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts.

Section 4. Superior Courts. Budget Unit: Superior Courts _____._._,,_______..____$

7,785,000

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 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 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 $14,000 per annum for each additional District Attorney Emeri tus 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 session of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $220,000 is designated and commit ted for the Prosecuting Attorneys' Council for operations and $36,046 is designated and committed for the Sentence Review Panel.

FRIDAY, FEBRUARY 11, 1977

603

Section 5. Court of Appeals. Budget Unit: Court of Appeals ....._._..._._.. _._..._._.$

1,356,031

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 _.____..__.._._._._.___......___________.____________$ 178,668
Total Funds Budgeted ._..--_.._._._..... ....._.. ... .$ 1,368,524 State Funds Budgeted .................... _........_....._.$ . 178,668

For the cost of operating the Administrative Of fices 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.

114,000

Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission . . . .

$

10,000

For the cost of operating the Judicial Qualifications Commissions.
Section 9. Board of Court Reporting. Budget Unit: ................_...._..___.._.._..___..__._._.__._._...__.$

7,500

For the cost of operating the Board of Court Report ing.
Section 10. Council of Juvenile Court Judges. Budget Unit: ......... .. . ................. ........... ............ $
For the cost of operating the Council of Juvenile Court Judges.

40,341

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JOURNAL OF THE SENATE,

PART III. EXECUTIVE BRANCH

Section 11. Department of Administrative Services.
Budget Unit: Department of Administrative Services ___________......____________$

27,837,503

1. Georgia Building Authority Budget:

Direct Payments to Authority

for Operations __..................._..........___.__._._......$

Capital Outlay __...__.........___.._.._._.____.._.._..,,_._...._..$

Authority Lease Rentals _._..__.___...._......__..._.._._.$

Total Funds Budgeted ...........

$

State Funds Budgeted

... $

Total Positions Budgeted

2,521,854 405,000
2,495,903 5,422,757 5,422,757
0

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

545,404 49,189 7,350
--0-- 4,300 4,000
--0-- --0-- --0-- 610,243 610,243
35

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

370,344 30,000 4,000
--0-- 10,000 1,000
--0-- 2,665,000
--0-- 3,080,344 3,080,344
25

4. Self-Insurance Administration Budget:

Personal Services __..___._._____.____.___.___.._______._......_.$

Regular Operating Expenses ........................if

Travel

.._......._..._....._.$

Motor Vehicle Equipment Purchases _._......._ $

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

Equipment Purchases ,,_..._._,,.._..___.____........_...._$

250,758 14,000 20,000
--0-- 2,500 2,200

FRIDAY, FEBRUARY 11, 1977

605

Per Diem and Fees ___________.___..__._______.______..___.___.$ Computer Charges ___.._...._.___________.___________________.$ Other Contractual Expense ..... .......-- ._.........$ Workmen's Compensation ._........_. _._._.___.___.___.$ Total Funds Budgeted .......................................^ State Funds Budgeted _.._._..._...._....................... $ Total Positions Budgeted

--0-- 1,000
--0-- 1,990,000 2,280,458 2,245,530
18

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

734,595 84,757
6,000 --0--
19,000 --0-- --0--
50,000 --0--
894,352 894,352
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

125,314 83,118
900 --0-- --0--
500 --0-- --0-- --0-- 209,832 100,445
13

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

178,613 35,092
5,200 --0--
780 8,150 1,950 12,100 --0-- 241,885 194,747
16

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JOURNAL OF THE SENATE,

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

9,149,593 1,443,000
25,000 --0--
15,000 74,865 1,293,580 150,000 9,306,832 --0-- 21,457,870 10,005,765
647

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

313,535 577,236
2,000 212,800
1,500 15,590 --0--
1,800 --0-- 1,124,461 --0--
29

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

1,396,049 318,457 11,103 36,968 48,899 34,000 14,000 73,260 --0--
13,259,000 15,191,736
5,000,235
105

11. Printing Services Budget:
Personal Services _.____...-..........___,,__-........,,____..$ Regular Operating Expenses ........_____._._._.....$ Travel -....-.._____-__,,.......___.__._______..._--__-____.....-_.$ Motor Vehicle Equipment Purchases ____.----.$ Publications and Printing __._..._..._________..........$ Equipment Purchases ....---.-.,,__.----....-.-........$ Per Diem and Fees .,,...,,....___._.__.,,......_____...__.....$

874,446 1,153,936
3,875 10,000 1,000 107,500
600

FRIDAY, FEBRUARY 11, 1977

607

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

5,000 --0-- 2,156,357
85,000 78

12. Central Supply Services 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 .....................................$ State Funds Budgeted ...................................$ Total Positions Budgeted

120,800 1,615,961
1,000 7,000 2,000 8,300 2,640 2,500 --0-- 1,760,201 15,000
12

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

82,911 21,000 5,884 --0-- 6,000 3,500 10,000 --0-- 5,000 134,295 134,295
7

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

45,161 5,999 3,050 --0-- 5,100 --0-- 4,650 --0-- --0-- 63,960 48,790
3

Budget Unit Object Classes:

Personal Services

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

Regular Operating Expenses --_---------.......$

Travel ......................................:$

Motor Vehicle Equipment Purchases ......__....$

Publications and Printing .___.__,,___,,...............,,.$

14,187,523 5,431,745
95,362 266,768 116,079

608

JOURNAL OF THE SENATE,

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 ..__.__.___,,.....___.____...,,...,,___.........___.$ Authority Lease Rentals .._..__.____..__.__._____...__...____$ Telephone Billings .._.-__-....-....,,______-.._,,__...__.$
Total Positions Budgeted

259,605 1,327,420 2,960,660
5,000 9,306,832 1,990,000
2,521,854 405,000
2,495,903 13,259,000
1,041

Section 12. Department of Agriculture. Budget Unit: Department of Agriculture-----$ 15,536,430

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

2,205,785 192,306 93,000 48,000 23,300 16,500 500 --0-- 30,000
2,609,391 2,503,391
183

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 .-.____._..___...........____.___..........-$

Research Contract with Georgia

Institute of Technology _____............__..__.____._..$

Contract with University of Georgia to

Study Avian Disease .....-....._,,____............,,.$

Indemnities .........-...__._______.-._..-........-__.____.____._-$

Total Funds Budgeted .....-......___..___..............--_$

State Funds Budgeted _______.___..__.........._..___._.......$

Total Positions Budgeted

664,225 101,000 43,423
8,000 9,300 4,300 --0-- --0-- 5,000 245,100
400,600 516,000 475,000
182,000
174,950 100,000 2,928,898 2,819,898
52

FRIDAY, FEBRUARY 11, 1977

609

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 .........................--i

Capital Outlay

..... ....4

Advertising Contract .............................^

Authority Lease Rentals ................................^

Total Funds Budgeted .__.__......,,..._.____.__.___.-...$

State Funds Budgeted .............. ^

Total Positions Budgeted

1,025,773 241,633 33,400 24,000 12,000 3,850
2,700 --0--
31,100 100,0-00 35,000 945,000 2,454,456 2,309,864
81

Provided, that of the above appropriation relating to Regular Operating Expenses, $50,000 is designated and committed to make repairs and renovations at Farmers Markets for which Authority funds connot be
used.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed to construct a produce shed at the Glennville Farmers Market.

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

1,397,923 115,000 150,000 20,000 1,350 1,860 --0-- --0-- -- 0--
1,686,133 1,686,133
131

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 ...--................--...^

703,703 96,000 15,600 --0-- 32,200
1,500 500
85,686 -- 0--

610

JOURNAL OF THE SENATE,

Total Funds Budgeted ---_.----__..---_.___-_.._..__.$ State Funds Budgeted ........................................I Total Positions Budgeted

935,189 918,189
48

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
7. Fuel and Measures Standards 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 __-.-_....--_..._-,,.__.-_____.$ Total Positions Budgeted

126,475 303,000
700 --0-- 262,600
1,500 --0--- --0-- --0-- 694,275 694,275
11
686,391 123,000
68,000 54,000 6,000
6,625 --0-- --0-- --0--
23,000 967,016 967,016
62

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

582,557 46,000 20,000
8,000 3,200 --0-- --0-- --0-- --0-- 659,757 659,757
39

9. Consumer Protection Field Forces Budget:
Personal Services .__...__.........__............._........_......$ Regular Operating Expenses ........_--....._..--.....$

1,457,255 74,426

FRIDAY, FEBRUARY 11, 1977

611

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

122,000 24,000
4,500 2,600 --0-- --0-- --0-- 1,684,781 1,472,320
112

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

1,787,987 47,000
140,000 12,000 4,000
--0-- 38,000
--0-- 34,900
2,063,887 885,287 145

11. Georgia Agrirama Development Authority Budget:
Payments to Agrirama Authority for Operations ._____-....-.,,__........._.__
Total Funds Budgeted ......_..__......._ Agency Funds Budgeted ........ State Funds Budgeted ............

290,300 290,300 105,000 185,300

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 ___......__.__........_.._____.......__-$ State Funds Budgeted ___......-__.__,,............_........$ Total Positions Budgeted

156,200 2,000
39,200 -- 0--
1,600 --0--
2,000 --0-- 399,000 --0-- 600,000 435,000
0

Budget Unit Object Classes:
Personal Services .............. Regular Operating Expenses . Travel .....................

10,794,274 1,341,365 725,323

612

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases -__..----$ Publications and Printing ,,__,,_________.._______.__.__._$ Equipment Purchases ----_-_--,,,,--__--_____________$ Per Diem and Fees ............................................I Computer Charges .....__,,___.........................___....$ Other Contractual Expense -----__...__........_......$ Purchase of Bait ......--___........--_............_....,,....$ Athens Veterinary Laboratory Contract _--... $ Tifton Veterinary Laboratory Contract .__.__.$ Poultry Improvement Contract ________________,,_.____$ Veterinary Fees ._,,.__.............-...._,,............_..___...$ Research Contract with Georgia
Institute of Technology ___________.,,.____.____._______$ Contract with University of
Georgia to Study Avian Disease _________._._._.$ Indemnities ___--..............._....,,.._-.-..........._..._...._.$ Advertising Contract ____,,__..__..______________.____._______$ Authority Lease Rentals ....,,__..-.....___.._-.........._..$ Payments to Agrirama Authority
for Operations -,,,,,__..-,,-- __,,,,..,,.$ Capital Outlay ___-..................______...........__._....$ Total Positions Budgeted

198,000 360,050
38,735 43,700 85,686 500,000 --0-- 245,100 400,600 516,000 475,000
182,000
174,950 100,000 35,000 945,000
290,300 123,000
864

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 13. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ----,,--_--.--__------------

..$ 1,870,860

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

377,313 81,200 5,000
--0--
18,833 3,760 2,000 8,750 --0--
496,856 496,856
23

2. Examination Budget:
Personal Services --.----___------------,,_ Regular Operating Expenses -----._..... Travel _. __....___.......................,,----__--...... Motor Vehicle Equipment Purchases Publications and Printing __.__...__.___.

1,069,528 13,280
284,146 --0-- --0--

FRIDAY, FEBRUARY 11, 1977
Computer Charges .............. Other Contractual Expense Total Funds Budgeted .......... State Funds Budgeted .......... Total Positions Budgeted

613
--0-- --0-- 1,374,004 1,374,004
67

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

1,446,841 94,480
289,146 --0--
18,833 10,810 2,000 8,750 --0--
90

Provided, that of the above appropriation relative to Publications and Printing, $6,833 is designated and committed for printing services by the Office of the Secretary of State.

Section 14. Department of Community Development.
A. Budget Unit: Department of Community Development ..----....--............------.--.... ?

8,247,142

1. 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

292,442 10,749 35,500
--0-- 2,500 1,500 2,000
--0-- --0-- 344,691 344,691
16

2. Research Budget:
Personal Services .__----.------_----.----____$ Regular Operating Expenses ------~----_--$ Travel ..------.------___.__.------------_.---- $ Motor Vehicle Equipment Purchases --_....$ Publications and Printing ,,..,,___----_..------..$ Equipment Purchases _--------,,--------------$ Per Diem and Fees ____---------._______$

241,945 45,085 2,000 --0-- 2,000 3,485 38,200

614

JOURNAL OF THE SENATE,

Computer Charges .......................$ Other Contractual Expense ----____----. ............$ Total Funds Budgeted _,,...........$ State Funds Budgeted ...................... ^ Total Positions Budgeted

19,473 --0-- 352,188 295,388
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 ___.._......._........_.._..............$ Total Positions Budgeted

737,985 332,286
43,900 --0--
400 9,713 51,000 4,500 --0-- 605,000 75,230 1,860,014 1,860,014
76

4. 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 ___....._....-................$ Direct Payments for World
Congress Center Operations ........................$ Total Funds Budgeted ........... .....^ State Funds Budgeted .......................................^ Total Positions Budgeted

396,233 469,818
14,000 --0--
26,900 14,586 19,500
6,800 --0--
1,250,000 2,197,837 1,957,837
25

5. International 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 _._.__._._--......-_.-.....$

Total Funds Budgeted ___-__-__...........-_-_-___.._.$

State Funds Budgeted ---....-..---..........--I

Total Positions Budgeted

137,755 62,053 35,709
--0-- 1,050 4,100
121,300 9,245
--0-- 371,212 371,212
8

FRIDAY, FEBRUARY 11, 1977

615

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

Total Funds Budgeted

.----,,$

State Funds Budgeted

....

4

Total Positions Budgeted

2,790,000 2,790,000 2,790,000
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 ___,,__--_.-______.________!p

Capital Outlay ..................$

Local Welcome Center Contracts ....................$

Advertising ......................... .^.

Authority Lease Rentals ....................................^

Direct Payments for World

Congress Center Operations _________._.._.______._.$

Total Positions Budgeted

1,806,360 919,991 131,109 --0-- 32,850 33,384 232,000 40,018 --0-- 605,000 75,230 628,000
2,790,000
1,250,000 142

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

21,567,623
261,377 44,345 12,200 --0-- 3,200 8,400' 12,500 --0-- --0-- 342,022 261,064
16

2. Area Development:
Personal Services ............................... .....^ Regular Operating Expenses ...............^ Travel ................_,,__..,,_,,.,,........._._........_...__-....$ Motor Vehicle Equipment Purchases -..,,----$

297,951 15,067 8,400
--0--

616

JOURNAL OF THE SENATE,

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

2,343 6,800
525 --0-- --0--
1,170,000 899,936
2,401,022 1,359,862
16

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

277,032 18,000 16,000
--0-- 6,000 4,000
--0-- --0-- --0-- 321,032 104,919
16

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 ._,,........,,..._.........................I Other Contractual Expense ............................I Total Funds Budgeted ......................................I State Funds Budgeted ._...................._.._......_.....$ Total Positions Budgeted

748,099 112,200 28,775 --0-- 19,000
1,000
33,200 34,275
--0-- 976,549
86,778
45

5. LEAA Grants Budget:
LEAA Juvenile Justice ______..__.._._____.._,,______.._.$ LEAA Action Local .-.........-_......._-...-,,.....-$ LEAA Action State ,,,,__-_.___,,__,,__._.__._.______.____.__.$ LEAA State Buy-In ............................. ^ LEAA Planning ........................... ...^ Total Funds Budgeted ............................ ^ State Funds Budgeted ....._.......,,..,,.-.,,,,.........._.$ Total Positions Budgeted

432,020 7,701,300 3,798,700
755,000 653,512 13,340,532 755,000
0

FRIDAY, FEBRUARY 11, 1977

617

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 .----------.....,,.___.$ Grants to Area Planning and
Development Commissions ______,,,,,,___.____-__.$ HUD 701 Planning Grants .__.....-.....__...____.,,..$ LEAA Action Local ._____._________-__,,.-_.________.____.$ LEAA Action State __..___,,,,-----,,-,,--$ LEAA State Buy-In ,,__..___.__..___.,,...$ LEAA Planning _.,,.__._,,.._._------.$ LEAA Juvenile Justice .................___......__-__.__.$ Total Positions Budgeted

1,584,459 189,612 65,375 --fr-- 30,543 20,200 46,225 34,275 --0--
1,170,000 899,936
7,701,300 3,798,700
755,000 653,512 432,020
93

C. Budget Unit: State Building Administrative Board --_._..--.--.__,,_---__..._$

90,741

State Building Administrative Board 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

61,733 4,564 5,000
--0-- 12,944 3,000 3,500
--0-- --0--
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

61,733 4,564 5,000
--0-- 12,944 3,000 3,500
--0-- --0--
6

For general administrative cost of operating the Department of Community Development, including ad vertising expense and Grants for Area Planning and De-

618

JOURNAL OF THE SENATE,

velopment Commissions. For general administrative cost of operating the State Crime Commission Office, includ ing the State "buy-in" for Law Enforcement Assistance Agency grants to local governmental units.

Section 15. Office of Comptroller General. Budget Unit: Office of Comptroller General _...$

3,429,092

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

315,803 61,000 13,000 --0-- 11,374
1,800 9,200 --0-- --0-- 412,177 412,177
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

536,095 26,069 8,400
--0-- 18,400
--0-- 8,200
157,409 --0-- 754,573 754,573
43

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

233,094 22,000 11,442
--0-- 2,355
--0-- --0-- --0-- --0-- 268,891 268,891
15

FRIDAY, FEBRUARY 11, 1977

619

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 Expense _-------------.$ Total Funds Budgeted ....................$ State Funds Budgeted .................... ^ Total Positions Budgeted

421,179 31,147 14,000 --0-- 2,300
5,200 --0-- --0-- --0-- 473,826 473,826
38

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

1,284,466 87,000
128,248 --0--
15,711 4,200 --0-- --0-- --0-- 1,519,625 1,519,625
107

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

2,790,637 227,216 175,090 --0-- 50,140 11,200 17,400 157,409 --0-- 222

Section 16. Department of Defense. Budget Unit: Department of Defense ,,____________-$

1,644,153

1. Administration and Support of State Militia Budget:
Personal Services ............................................I Regular Operating Expenses .,,.-._,,....__.......--$ Travel ...._._..._...,,...........,,..____.._..........._.__..$ Motor Vehicle Equipment Purchases ,,,,_-----$ Publications and Printing .....,,_--..__._...........$ Equipment Purchases ,,_.....,,......,,._....-..........--$

571,086 99,500 5,500
--0-- 25,000 2,200

620

JOURNAL OP THE SENATE,

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

6,000 --0-- --0-- 204,880
16,000 930,166 930,166
36

2. Civil Defense 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 ...............--.....................4

Total Positions Budgeted

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

496,575 68,584 11,000 --0-- 5,800 --0-- --0-- --0-- --0-- 581,959 306,304
33
64,045 95,000 3,500 --0-- --0-- 1,000 --0-- -- 0-- --0-- 163,545 163,545
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 ................................. ^ Other Contractual Expense ............................^ Total Funds Budgeted .................... .......^ State Funds Budgeted ......................................^ Total Positions Budgeted

163,487 10,121 23,000 --0-- 9,100 2,250 --0-- --0-- 32,542 240,500 -- 0--
10

FRIDAY, FEBRUARY 11, 1977

621

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

1,365,682 180,482 3,000 --0-- --0-- --0-- --0-- --0-- 6,784
1,555,848 244,138 122

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

2,660,775 453,687 46,000 --0-- 39,900 5,450 6,000 --0-- 39,326 204,880 16,000 206

Section 17. State Board of Education-- Department of Education.

A. Budget Unit: Department of Education ............$ 682,690,503

1. Instructional Services 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

68,477 3,214 3,185 --0-- 2,600 --0-- 1,800 --0-- --0-- 79,276 79,276
3

2. Pre-School Special Education Budget:
Personal Services ................................................I Regular Operating Expenses ............................^ Travel ...,,_,............_....._............,,._...._........._-..$ Motor Vehicle Equipment Purchases ..,,........$ Publications and Printing ...................-...........,$

565,686 52,927 48,279
--0-- 6,700

622

JOURNAL OF THE SENATE,

Equipment Purchases ......................................I Per Diem and Fees ......__--____......__________.__,,._______.$ Computer Charges _--...._______--_._____________.._.________$ Other Contractual Expense -----_-----.__-----..$ Total Funds Budgeted ________....____.______.____.___._.._.$ State Funds Budgeted ......__.__.....____._..______.__._.___.$ Total Positions Budgeted

500 2,700 --0-- --0-- 676,792 421,120
33

3. Governor's Honors Program 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 ............................I Total Funds Budgeted __________..___.___________.__.______.__$ State Funds Budgeted .........-_.__._-....._._.._..._... $ Total Positions Budgeted

203,188 55,086 4,000 --0--
4,400 3,407 19,000 --0-- 195,809 484,890 341,528
2

4. General 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

665,964 86,451 45,782 --0-- 67,315 2,895 69,476 --0-- 33,000 970,883 553,743
37

5. Vocational Education 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 ........._..___.............$

1,825,119 256,453 172,969 --0-- 25,294 11,999 3,450 --0-- 1,190

Non-APEG Grants:
High School Program .............__.._.._____._.........$ High School Construction ___..______............._._.$ Vocational Education Research
and Curriculum .__.._._....-_......-..-....._.-..-...$

13,566,684 520,000
625,716

FRIDAY, FEBRUARY 11, 1977

623

Adult Education ....................

^

Vocational Teacher Training .,,..........__..__.._..$

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

2,298,942 598,429
28,182,590 477,693
1,600,000
2,919,452 1,940,174 55,026,154 36,243,714
108

6. 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 ............................^ Total Funds Budgeted .................^ State Funds Budgeted .................... ..^ Total Positions Budgeted

364,137 36,050
19,800 --0--
5,300 --0--
10,600 --0-- --0-- 435,887
48,040 24

7. 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 .......................^ Total Funds Budgeted ....................................^ State Funds Budgeted ..............^ Total Positions Budgeted

274,059 24,355 17,803
--0-- 3,800
--0-- 619
--0-- 320,551 641,187 605,687
16

8. Media Services Budget:
Personal Services ............................$ Regular Operating Expenses ...........--..............^ 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

2,249,596 1,697,913
75,449 --0-- 206,729
40,850 93,905 --0-- 52,054 4,416,496 3,743,748
181

624

JOURNAL OF THE SENATE,

9. 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 .__......._.__......___.....$

577,019 658,321 22,808 --0--
4,000 11,000 21,500 --0-- 6,000

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

2,722,885 2,092,979
160,000
849,072 236,917 7,362,501 6,418,980
51

10. Program Standards and Assessments Budget:
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

735,113 53,392 54,480 --0-- 17,104 4,403 52,474 --0-- 350,000 1,266,966 922,686
53

11. State 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 ......................I Total Funds Budgeted ____.-.-....___..._-...__._____-.-$ State Funds Budgeted __..___....._.,,........._...__._._.$
Total Positions Budgeted

542,665 68,562 17,850 4,500 20,538
10,997
92,956 --0--
19,207 777,275
602,281
28

FRIDAY, FEBRUARY 11, 1977

625

12. Administrative 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 DO AS Services Funding ___________..__.$
State Funds Budgeted ........................................^
Total Positions Budgeted

3,307,371 513,825 187,159 --0-- 137,088 24,648 25,887 674,426 24,750
4,895,154 220,000
2,675,199
237

13. Local Programs Budget:
Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) .--......_.____._____-__....--.$
Direct Grants to School Systems for Capital Outlay Purposes -..___._____...__...._.......$
Authority Lease Rentals ....................................$

26,743,474
694,293 333,204

APEG Grants:

Salaries of Instructional Personnel

(Sec. 10(a) (1) and 10(a) (2)) .........$ 323,620,840

Salaries of Instructional

Personnel (Sec. 5) ........._.___.____.__.............$ 39,144,140

Salaries of Student Supportive

Personnel (Sec. 20 (a)) .........................$ 13,833,960

Salaries of Administrative and

Supervisory Personnel (Sec. 21) .........._.$ 40,968,400

Special Education Leadership

Personnel (Sec. 21 (c) (2)) .,,.........._...._.$ 917,770

Instructional Media (Sec. 13) .--....-..-......$ 11,681,616

Instructional Equipment (Sec. 14) __.________.$ 430,170

Maintenance and Operation (Sec. 15) ........$ 56,461,144

Sick and Personal Leave (Sec. 16) _______..__.$ 2,920,404

Travel--Regular (Sec. 17) .----.-$ 522,690

Travel--Special (Sec. 17) ............................I

76,140

Pupil Transportation--

Regular (Sec. 25) ..._._......,,...._.._......_._......$ 32,539,695

Pupil Transportation--

Special (Sec. 25) .----..--$ 2,043,165

Isolated Schools .................. ^

98,300

Selective Pre-School Development ___.,,......$ 5,821,236

Non-APEG Grants:

Education of Children of

Low-Income Families ................................$

Driver Education .................

..^

60,641,423 350,000

626

JOURNAL OF THE SENATE,

Teacher Retirement ------_._._........--_..........._..$ 38,376,756

Instructional Services for

the Handicapped .--

..__.$ 2,293,979

Preparation of Professional

Personnel in Education

of Handicapped Children ....._..........._........$ 106,454

Educational Training Services

for the Mentally Retarded __......._..._........$

14,550

Tuition for the Multi-handicapped .._._._.....$ 622,000

Severely Emotionally Disturbed ....._...._.....$ 5,352,773

Compensatory Education ...._._..._._..........._._.$ 10,246,747

Guidance, Counseling and Testing ......_...... $ 180,626

Educational Television

........ ^

56,186

School Library Resources

and Other Materials ........ $ 3,020,664

School Lunch ....... ....._$ 87,035,521

Supplementary Education

Centers and Services ___.________._..__.._______..____ $ 2,752,440

Staff Development .-...._....-._._._.........._..........$ 540,000

Supervision and Assessment

of Students

......

$ 145,000

Cooperative Educational

Service Agencies -_....--..........._._.._......._..._..$ 2,192,000

Superintendents' Salaries ____._..........._......_...$ 3,149,807

Research and Development

Utilization ._..,,,,._.....,,$ 207,369

Total Funds Budgeted

....$ 776,134,936

State Funds Budgeted ._............_..._.._........_.._.._$ 629,931,036

Total Positions Budgeted

0

14. State Schools 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

106,676 3,232 5,582
--0-- 600
--0-- --0-- --0-- --0-- 116,090 103,465
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 ,,..___.,,..,,.._.___.._..___.$

11,485,070 3,509,781
675,146 4,500
501,468 110,699 394,367 674,426 1,002,561

FRIDAY, FEBRUARY 11, 1977

627

APEG Grants:

Salaries of Instructional

Personnel (Sec. 10(a) (1)

and 10(a) (2)) .______________.._____________________$ 323,620,840

Salaries of Instructional

Personnel (Sec. 5) _____.__.______________________._.$ 39,144,140

Salaries of Student Supportive

Personnel (Sec. 20 (a)) .

_____$ 13,833,960

Salaries of Administrative and

Supervisory Personnel (Sec. 21) _______ $ 40,968,400

Special Education Leadership

Personnel (Sec. 21(c) (2)) ____.___,,.____________$ 917,770

Instructional Media (Sec. 13) ________________.$ 11,681,616

Instructional Equipment (Sec. 14) ___________$ 430,170

Maintenance and Operation (Sec. 15) ....,,_$ 56,461,144

Sick and Personal Leave (Sec. 16) ___________$ 2,920,404

Travel--Regular (Sec. 17) ___.______________.______$ 522,690

Travel--Special (Sec. 17) ____________________$

76,140

Pupil Transportation--

Regular (Sec. 25)

.

_____$ 32,539,695

Pupil Transportation--

Special (Sec. 25) ________.____________________________$ 2,043,165

Isolated Schools ________________________________________ _ $

98,300

Selective Pre-School Development ______.__$ 5,821,236

Non-APEG Grants:
Education of Children of Low-Income Families ___.________________________$
Driver Education ____.__________.___._______________..___._$ Teacher Retirement ________._______....____________$ 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 __________._,,$ Compensatory Education ___________.___.__.__________.$ High School Program __________________________._________$ High School Construction _______.__.________.____$ Vocational Teacher Training ___^_ ____________ $ Vocational Education Research and Curriculum ______________________$ Adult Education .,,________...________,,,,.._________..______$ Area Vocational Technical Schools __________$ Junior College Vocational Program _______._.$
Quick Start Program _.__________-__,,__________.,,.____$
Comprehensive Employment and Training ,,_____._.________....._____.___.,,____________$
Guidance, Counseling and Testing __...________,,..._______...._._________.,,_,,_______..$

60,641,423 350,000
40,553,847
2,293,979
106,454
14,550
622,000 5,352,773 10,246,747 13,566,684
520,000 598,429
625,716 2,298,942 28,182,590
477,693 1,600,000
2,919,452
180,626

628

JOURNAL OF THE SENATE,

Educational Television ___._..,,...._...._............._.$
School Library Resources
and Other Materials ...._._..._._....._._._...._...._.$ Salaries and Travel of
Public Librarians -__..,,.._..._...._.._..............._..$ 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 ___.._._......_......__.._..$ Research and Development
Utilization .__....._....___...,,__.._......_._..__..._.........$ Grants to School Systems
for Authority Lease Rental Payments to Georgia Education Authority (Schools) .....-_......_...._............._..-..$ Direct Grants to School Systems for Capital Outlay Purposes _.....--_...._.....,,...._.-...$ Authority Lease Rentals ............_...._..........._......$ Total Positions Budgeted

56,186
3,020,664
2,722,885 2,092,979
160,000
849,072 87,035,521
2,752,440 540,000
145,000
2,192,000 3,149,807
207,369
26,743,474
694,293 333,204
779

B. Budget Unit: Institutions .....__....._._.._____...__.....__....$ 9,100,413

1. Georgia Academy for the Blind Budget:
Personal Services ................................................I Regular Operating Expenses .._.___....-..-.._.._..._..$ Travel ,,.,,___.__..__,,____,,_____,,___._.,,_____-__.___.______.__.___.._.$ Motor Vehicle Equipment Purchases ...._._.....$ Publications and Printing .__._...._....,,.._......._.....$ Equipment Purchases ......-_-...--.._..-............_....$ Per Diem and Pees .__...-.._...._.._..........__._......_.....$ Computer Charges -...,,--._--..--------...--,,...--$ Other Contractual Expense .............--....._...._...$ Capital Outlay .._.._.....__...._........_......_......__..._......$ Total Funds Budgeted ___..___.__________._______._...___..___$ State Funds Budgeted ._...._.,,......___....,,...._._......._.$ Total Positions Budgeted

1,388,066 298,445 3,526 --0-- 2,890 32,162 5,700 --0-- 2,000 --0--
1,732,789 1,502,104
158

2. Georgia School for the Deaf Budget:
Personal Services ,,...._...__.__-.._...,,..-....._..,...___.__$ Regular Operating Expenses ......--...._.._----..._.$ Travel ._.._.,,._....,,.__._..-._._..._........,,.....,,.._.,,......-$ Motor Vehicle Equipment Purchases ,,_.....___.$ Publications and Printing ___...._........___.....__..$ Equipment Purchases _______._______,,--.___--. ._---.._-.$ Per Diem and Fees ......-___......_.-......_._.-_._-.......$

2,673,786 564,929 4,500 --0-- --0-- 76,855 500

FRIDAY, FEBRUARY 11, 1977

629

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

Other Contractual Expense ....---........--....._..$

Capital Outlay ...........................

^

Authority Lease Rentals ...--....--.-......--..---...$

Total Funds Budgeted ............^

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

Total Positions Budgeted

--0-- --0--
10,450 23,400 3,354,420 2,936,444
284

3. 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 ............................I

Capital Outlay .._.._._.........__...,,...._...._...__._.......__.$

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

State Funds Budgeted ......_._.....--_....................$

Total Positions Budgeted

941,802 226,761
3,100 --0--
1,000 26,551 2,000 --0-- 59,025 --0-- 1,260,239 1,136,461
80'

4. 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 ............................................I Other Contractual Expense ............................^ Total Funds Budgeted .......................................^ State Funds Budgeted .._._........_........_._........._... $ Total Positions Budgeted

797,672 191,066
5,000 --0--
700 32,652 --0-- --0-- --0-- 1,027,090 690,374
54

5. 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 ._.._-...._.__......__......--.$ Total Funds Budgeted ......................................^ State Funds Budgeted ......................................^ Total Positions Budgeted

1,448,805 529,215 17,632 --0-- 5,275 62,000 --0-- --0-- --0-- 54,750
2,117,677
1,483,704
102

630

JOURNAL OF THE SENATE,

6. 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

1,196,914 386,902 13,200 --0-- 3,360 174,000 3,360 --0-- --0-- 25,000 49,315
1,852,051 1,351,326
96

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

8,447,045 2,197,318
46,958 --0--
13,225 404,220 11,560 --0--
61,025 35,450 127,465
774

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 shall be the pro rata part of the cost of employer contributions to the Teachers' Retirement System applicable to such salary.

Provided, that of the above appropriation relative to Compensatory 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.
Provided, that of the above appropriation relative

FRIDAY, FEBRUARY 11, 1977

631

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 men tally, physically, or emotionally handicapped (as these classifications are defined by the State Board of Educa tion) . The balance of said funds shall be used for develop ment programs to serve five-year-old children 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 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 administer such tests as a criterion for admission.
Provided, further, that for said selective pre-school development program, each system shall be allotted one instructional unit and any additional instructional units shall be allotted on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance; except in the case of mentally, phys ically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major frac tion thereof in average daily membership. All allotments shall be based upon 1975-76 attendance data from the selected pre-school development program. Each instruc tional unit shall be funded on the basis of actual reim bursement for salary, retirement, and school lunch cost, and $6,384 for operational cost incurred in said pre school development program to include maintenance and operation, sick and personal leave, instructional media, instructional equipment, testing, transportation, and ad ditional instructional personnel when such additions will have the effect of serving additional students, provided such additional students shall not be used for the pur pose 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 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

632

JOURNAL OF THE SENATE,

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 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 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 personnel interchangeably in the divided sections so as not to cause hardship among the local school systems as it re lated to non-teaching certificated personnel who are presently employed.
Provided, that funds appropriated above for Instruc tional 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 attendance.
Provided, further that $100,000 of the above appro priation for the said selective pre-school development program shall be designated for the determination and evaluation of processes for the identification of children within existing programs who are deficient in develop mental 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 program.
Provided, that of the above appropriation relating to Cooperative 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.
Provided, that the Department of Education is au thorized and directed to use up to $71,600 of funds avail able in nongrant, noninstitutional object classes for the

FRIDAY, FEBRUARY 11, 1977

purpose of funding the Professional Standards Review Commission.

Provided, however, the Department is authorized and directed to utilize $738,967 presently held back by the Georgia Building Authority (Schools) in the Reve nue Funds account for grants for capital outlay pur poses to the following school systems in the amounts thereby indicated:

Cook County

....... .......... .4

Glynn County .___.,,.__,,._,,$

Cochran City _._.............__......___......_._._......,,..._....$

Calhoun County ._..__......_._._....___,,..._..._____.......__.$

Clarke County .........__.___......._..,,..._..,,......__.___..,,.$

Harris County ._..........._..,,,,.._._....._.._.._.......__.._.$

Lanier County ....._..._.._......___......__........_..__........_.$

Muscogee County .....................--........--.......--..I

Americus City ....................................................I

Buford City ........................................................$

Thomasville City ...........................:....................^

Section 18. 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

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

633
37,559 53,905
8,531 79,660 98,394 103,596 133,424 49,953 69,643 59,470 44,832
-- 0--
425,386 46,200 5,000
--0-- 13,000 3,500 67,000
225,000 183,597 968,683 --0--
32
425,386 46,200
5,000 --0--
13,000 3,500 67,000 225,000 183,597
32

634

JOURNAL OF THE SENATE,

Section 19. Forest Research Council.
Budget Unit: Forest Research Council ----..-.......____.....-.._._......._.._....___.__....$

592,236

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
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
Section 20. Forestry Commission.
Budget Unit: Forestry Commission .._.._.............$
1. Reforestation Budget: 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

102,285 33,000
4,000 --0--
25,000 500
--0-- --0-- --0-- 510,900 675,685 592,236
7
102,285 33,000
4,000 --0--
25,000 500
--0-- --0-- --0-- 510,900
7
9,630,707
425,756 281,985
1,847 50,032
746 4,675 43,730 10,556 --0-- 819,327 265,321
30

2. Field Services Budget:
Personal Services .........,,.....----......--. Regular Operating Expenses __________ Travel .-_..-_.___.___.__.____..,,------------.---

9,280,442 2,062,154
64,688

FRIDAY, FEBRUARY 11, 1977

635

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

501,523 14,742 98,000 8,500 23,253 45,000 6'0,000 12,158,302 8,880,474
808

3. 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

367,519 74,621 10,907 14,400 12,700
3,100 3,071 58,059 --0-- 544,377 484,912
22

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 __..._.........._..._......--._.......$

Total Positions Budgeted

10,073,717 2,418,760
77,442 565,955
28,188 105,775 55,301
91,868 45,000 60,000
860

Section 21. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of

Investigation

.. . .

$ 7,745,858

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 ...._--------..........$

396,388 72,733 5,535
--0-- 1,100 2,255 2,000
--0-- --0--

636

JOURNAL OF THE SENATE,

Total Funds Budgeted _._-______--,,..-________..._________._.$ State Funds Budgeted __..........___.__...______________._ $ Total Positions Budgeted

480,011 452,949
28

2. Investigative 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 ....___________._______.__..!p

Evidence Purchased ----__...__--_...___________._,,.__.__.$

Total Funds Budgeted .__.__.__-_-_.-__-_-_._.__._______$

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

Total Positions Budgeted

2,946,500 472,972 272,939 214,500 22,000 57,700 6,000 7,043 --0-- 152,406
4,152,060 3,598,103
169

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

1,227,723 428,191 14,400 8,500
4,900 116,291
1,000 130,922 --0-- 1,931,927 1,579,936
78

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

1,301,922 348,477 9,735 --0-- 89,683 12,954 5,300 903,000 2,800
2,673,871 2,114,870
102

Budget Unit Object Classes:
Personal Services ._...______.._,,............._......_....__,, $ Regular Operating Expenses ___________________.___._.$ Travel _____________________._________._____._._____.____________________$

5,872,533 1,322,373
302,609

FRIDAY, FEBRUARY 11, 1977

637

Motor Vehicle Equipment Purchases ______...._.$

Publications and Printing .........-..-..______________.$

Equipment Purchases ......................................if

Per Diem and Fees ......____.____________..,,.______.____.__.$

Computer Charges ...........................................^

Other Contractual Expense ....__. $

Evidence Purchased

..

..... $

Total Positions Budgeted

Section 22. Georgia Franchise Practices Commission.

Budget Unit: Georgia Franchise Practices Commission ....,,_._......... ......._......$

223,000 117,683 189,200 14,300 1,040,965
2,800 152,406
377
43,705

Georgia Franchise Practices 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

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

27,255 10,950
500 --0--
1,000 --0--
4,000 --0-- --0--
43,705 43,705
2
27,255 10,950
500 --0--
1,000 --0--
4,000 --0-- --0--
2

Section 23. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission ._...._._...._..__.._...$

100,000

Departmental Operations Budget:

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

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

Travel

...... ^

746,458 149,000
14,500

638

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases __......_._.$

Publications and Printing ..--...........................if

Equipment Purchases ______.__.__.___.._______..________._____$

Per Diem and Fees .-________._.._..______.______________._.____$

Computer Charges ----..______-._..._______._____._._______.$

Other Contractual Expense _.-.____.__.___.____._______$

Funds for Construction Planning ..................if

Total Funds Budgeted .

$

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

Total Positions Budgeted

--0-- 15,500 15,800
201,000 6,000
110,000 100,000 1,358,258 100,000
42

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 ........__...__.............$ Fund for Construction Planning __..........._.._..$ Total Positions Budgeted

746,458
149,000 14,500 --0-- 15,500 15,800 201,000 6,000 110,000 100,000
42

It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following projects for the Department of Education and the Department of Human Resources, authorized in Sec tion 44 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the con struction of such projects:

Multigeographic Receiving Center

at Southwest Georgia Regional Hospital ..__._........$

Medical-Surgical Unit at Gracewood ............_...........$

Regional Youth Development Centers

at Macon, Eastman, Columbus and Griffin _________ $

Alien Building Renovations at

Central State Hospital ..............................................I

Area Vocational-Technical School at

Augusta .---_$

Area Vocational-Technical School

in Spalding County ........_._......................_.._......._._.___$

Ben Hill-Irwin Area Vocational

Technical School

.._,,._.

$

Area Vocational-Technical School

at Savannah

$

It is the intent of this General Assembly that of the $7,300,000 in new General Obligation Debt authorized in Section 44 for construction and equipping of buildings and facilities at various institutions of the State Board of Regents of the University System, and approximately $672,000 is for the purpose of purchasing the U.S. Army Armory property at Augusta College.

2,000,000 2,750,000 2,850,000 2,925,000 3,160,000
600,000 600,000 3,000,000

FRIDAY, FEBRUARY 11, 1977

639

Provided that of the above appropriation to the Georgia State Financing and Investment Commission, up to $34,000 is designated and committed to prepare plans for an instructional building for the Georgia Acad emy for the Blind.

Provided that of the above appropriation to the Georgia State Financing and Investment Commission, up to $36,000 is designated and committed to prepare plans for a middle school dormitory and clinic building for the Georgia School for the Deaf.

Provided that of the above appropriation to the Georgia State Financing and Investment Commission, up to $30,000 is designated and committed to prepare plans for a central services building for the Atlanta Area School for the Deaf.

Section 24. Office of the Governor. A. Budget Unit: Governor's Office ....__..._................_.$

3,275,064

1. Governor's Office Budget:

Cost of Operations ___,,,,,,_.$

Mansion Allowance _______..----.____-.._._-------_____,,_.$

Governor's Emergency Fund ._.._......-...-_._.__.._.$

Gubernatorial Transition Allowance .._.________$

Total Funds Budgeted _.....___._._..,,...__.._.._._._....__.$

State Funds Budgeted

.

$

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 requires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other pro visions 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 suf ficient for such purposes.

964,551 40,000
2,258,500 --0--
3,263,051 3,196,450

2. Intern Program Budget:
Personal Services ,,________.,,._,,.-_,,_$ Regular Operating Expenses ,,---__. $ Travel ..__.............,,__.____._......__-._._..........______.........$ Motor Vehicle Equipment Purchases ........_._ $ Publications and Printing ......_.___..__._,,......_.._._.$

47,064 2,800 1,300 --0-- 1,800

640

JOURNAL OF THE SENATE,

Equipment Purchases ____--_._______,_,,___________________$ Per Diem and Fees _._......_.___........_.....__....____......$ Computer Charges --.-._.__--.._._....__.,,...._.......__..$ Other Contractual Expense ..,,__-....___.....___........$ Intern Stipends .--....___......_..._......__......__._.....,,...$ Total Funds Budgeted -- .__.._.__$ State Funds Budgeted ,,...,,....$ Total Positions Budgeted

650 --0-- --0-- --0--
25,000 78,614 78,614
3

Budget Unit Object Classes:

Cost of Operations .......... ^,

Mansion Allowance .....--....$

Governor's Emergency Fund __-....._._.....__-....... $

Gubernatorial Transition Allowance _.___..._._..$

Personal Services ............. .^

Regular Operating Expenses ................._-......._.$

Travel

.

$

Motor Vehicle Equipment Purchases .....__._._.$

Publications and Printing ..........--...................^

Equipment Purchases ____..........._.__L--...._.__..........$

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

Computer Charges __.______,,_________,,_....___________....____$

Other Contractual Expense --..-.-----......------$

Intern Stipends ....._.._._..............__._........._.___.__....$

Total Positions Budgeted

964,551 40,000 2,258,500 --0-- 47,064 2,800 1,300 --0-- 1,800
650 --0-- --0-- --0--
25,000
3

B. Budget Unit: Office of Planning and Budget ___......_..._..................___.__........_._.__..$ 2,835,723

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

320,207 28,000
7,000
--0-- 2,500 1,000 87,500 1,000 500
181,200
628,907 615,907
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 ._._.....,,.._-..-__._.._._......-.._._._._.$

53,933 12,000 2,500 --0-- 2,500
550 5,500

FRIDAY, FEBRUARY 11, 1977

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 __..... .......................4 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 ....................--.......--.--,........$

Other Contractual Expense ..---._.......,._._......$

Total Funds Budgeted ........................................$

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

Total Positions Budgeted

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

6. Policy Planning Budget:
Personal Services ....._____._.-....--_-........_--._...._.. $ Regular Operating Expenses --____.,,..,,--_____.__.$

641
--0-- --0-- 611,871 688,854 246,983
3
393,045 21,100 10,000
--0-- 12,000 3,693
--0-- --0-- 20,000 459,838 291,838
16
363,488 24,000 23,254
--0-- 2,500 500 2,000
--0-- --0-- 415,742 360,742
19
302,961 9,500 4,000
--0-- 1,000 500
--0-- 500
--0-- 318,461 276,095
15
566,406 32,000

642

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

40,000
--0-- 22,000 6,550 272,400 28,000
--0-- 967,356 400,177
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 DOAS Services Funding ________,,,,_________$

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

Total Positions Budgeted

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

648,226 183,556 16,805 --0-- 18,899
945 9,151 23,015 --0-- 900,597 85,650 464,692
50
152,895 24,000 12,000 --0-- 10,000 --0-- 10,000 --0-- --0-- 208,895 135,596
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

76,393 11,500
2,500 --0-- --0--
1,500
2,000 --0-- --0--
93,893 43,693
4

FRIDAY, FEBRUARY 11, 1977
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 .. Total Positions Budgeted

643
2,877,554 345,656 118,059 --0-- 71,399 15,238 388,551 52,515 20,500 611,871 181,200 167

Section 25. Grants to Counties and Municipalities.

Budget Unit: Grants to Counties and Municipalities .-_____.___._..________.--.______.
1. Grants to Counties .._..._... .._.. Total Funds Budgeted _.___.__.. State Funds Budgeted ......_...

..$ 6,800,000
$ 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 26. Department of Human Resources.
A. Budget Unit: Departmental Operations----$ 127,135,382

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 _........_......

8,441,506 1,388,933
243,864 --0--
45,625 30,338 58,000 1,329,714 395,531

644

JOURNAL OF THE SENATE,

Total Funds Budgeted ___..__.........._.._....__.._........$ Indirect DOAS Services Funding _.__.___._________..$ Agency Funds .._.._...__..__.....__.___._...._._......__.....,,..$ State Funds Budgeted _____.._._..____.___._.__..________._.$ Total Positions Budgeted

11,933,511 1,407,194 5,432,885 5,093,432
644

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

354,747 54,130
5,000 --0--
3,500 --0--
11,000 10,000 21,515 459,892 5,766 246,619 207,507
21

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 DOAS Services Funding ..................$

Agency Funds

.

.

^

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

Total Positions Budgeted

1,328,858 220,377 30,076 --0-- 25,298
19,299 8,900 -- 0-- 36,000 1,668,808 90,500 156,800 1,421,508
98

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 ................................%

2,864,378 926,700 94,655 --0-- 46,500 10,467 389,373 110,000
4,077,446
150,000 3,034,626

FRIDAY, FEBRUARY 11, 1977

645

Kidney Disease Benefits _._......_-._....--.._....--.....$ 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 ___..___---_..___._..__.__.---___._$ Total Positions Budgeted

474,100 646,850
100,000 175,000
25,000 748,305 13,873,400 130,360 7,876,573 5,866,467
216

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

5,243,241 1,060,940
212,950 --0-- 49,500
41,325 78,546 18,540
274,000 3,500,000 10,479,042
17,650 5,504,842 4,956,550
374

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 .-_._._...-......__...__-.$ Family Planning Benefits ._.._....._._..___...._-_...___.$ Benefits for Medically Indigent
High Risk Pregnant Women and Their Infants .,,____________.________.________._.__-.$ Grant for DeKalb County Mental Retardation Project ....__,,..........__..._.._..._.__-..$
Grant for Chatham County Mental Retardation Project ._......__....__.....__.$
Grant-In-Aid to Counties -...__......___...-_.-_.-...$

6,724,383 667,741 465,155 --0-- 4,000 41,965 495,958 --0-- 917,796 171,575
2,961,000
106,646
102,464 10,157,115

646

JOURNAL OF THE SENATE,

Total Funds Budgeted . - . .

$

Indirect DOAS Services Funding

_$

Agency Funds ..............___........_...,,..........._..........$

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

Total Positions Budgeted

22,815,798 53,200
6,133,117 16,629,481
508

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

1,030,806 82,800 85,000
--0-- 8,000
--0-- 10,000 400,220
414,500 2,031,326
122,370 472,130
1,436,826 57

8. Drug and Alcohol 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

1,691,240 255,087
45,000 --0--
6,000 200
106,670 85,250 2,440,403 4,629,850 105,250
3,541,610 982,990
132

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 .._.._..._......... $ Community Residential
Services Program ...._._.._--.........--__._.............$

326,562 8,582 19,300
--0-- 420
13,800 100
--0-- 156,765 1,137,325
52,065

FRIDAY, FEBRUARY 11, 1977

647

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 ..

$

Total Positions Budgeted

25,897,960
2,419,526
515,374 1,044,405 3,971,843
65,000
1,706,846 37,335,873 16,701,863 20,634,010
67

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

2,547,706 336,068 173,700 --0-- 10,000 6,000 12,000 --0-- 127,000
3,212,474 55,865
2,033,617
1,122,992 183

11. Title XX 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 .__________________._.______.$

Agency Funds ....................................................^

Indirect DOAS Services Funding .__.__.__.___.$

State Funds Budgeted .............. ^>

Total Positions Budgeted

1,409,113 255,907 117,300 --0-- 42,000 17,750 30,500 495,000
22,354,520 24,722,090 22,990,384
490,693 1,241,013
127

12. Purchase of Social Services:
Personal Services ________________ ___________,,,,,,_$ Regular Operating Expenses _.________.________.$ Travel ______________._._____.__________-__-_-__-__-______$

--0-- 785,655 --0--

648

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases .. ._.......$

Publications and Printing __..__.._.._____..___. .._.____!|>

Equipment Purchases -._._...-._.__.._____..____..______.___.$

Per Diem and Fees ..... _._.--...__.-___._.___._..___.__.._$

Computer Charges ............................................if

Other Contractual Expense ...... ......................if

W.I.N. Benefits . .

. ..

$

Grants to Fulton County for 24-

hour Emergency Social Services ................^

Benefits for Child Care ....................................I

Total Funds Budgeted _._....._._._...._..............._.. $

Agency Funds __...______.....___..._._______-...__._____._...___.$

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

Total Positions Budgeted

13. 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 .._......_......___.........$ Benefits for Child Care ._..................._........_.....$ Total Funds Budgeted ...................................... $ Indirect DOAS Services Funding __.______......_$ Agency Funds ....._...................._.........._.........._._$ State Funds Budgeted ....._.._.............................$ Total Positions Budgeted

14. Services to the Aged 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 .._._....--....__--........$

Areawide and Community Grants ......... ........$

Nutrition Grants ..

..

$

Total Funds Budgeted .... ...._..._.........._...........$

Indirect DOAS Services Funding ...... ......... $

Agency Funds ....

..%

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

Total Positions Budgeted

15. Vocational Rehabilitation-- Program Direction and Support Budget:
Personal Services .............................................^

--0-- --0-- --0-- --0-- --0-- --0-- 1,100,000
130,000 6,768,942 8,784,597 5,321,000 3,463,597
0
3,534,923 492,000 226,000 --0-- 2,500 10,000 --0-- --0-- --0-- 10,000
4,275,423 82,640
1,906,440 2,286,343
342
370,974 52,300 15,000 --0-- 3,000 --0-- 2,000 --0-- 4,000 1,457,178 2,980,927 4,885,379 11,240 4,427,849 446,290
24
585,562

FRIDAY, FEBRUARY 11, 1977

649

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 DOAS Services Funding .__..______.______$ Agency Funds .______._______.._..___.___,,______.___..__..______.$ State Funds Budgeted ......................................^ Total Positions Budgeted

68,000 25,000 --0-- 7,000 --0--
15,000 210,000 40,995 185,000 1,136,557 150,000 795,995 190,562
35

16. 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 DOAS Services Funding ____.._...._._......$ Agency Funds ................ ^ State Funds Budgeted ......................................^ Total Positions Budgeted

8,286,849 4,187,000
102,000 33,000 9,000 109,000 141,000 --0-- 449,000 20,000 13,336,849 82,650 11,916,100 1,338,099
702

17. 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 ..................................... i

Total Positions Budgeted

9,294,748 14,710,750
400,000 --0--
4,000 25,000 90,000 --0-- --0-- 24,524,498 234,450 19,177,129
5,112,919 737

18. Vocational Rehabilitation-- Disability Adjudication Budget:
Personal Services ,,_____._._-_____..._________.__________.___.$ Regular Operating Expenses _--._.___------._.--.$

3,508,176 3,593,000

650

JOURNAL OF THE SENATE,

Travel ...,,..,,........$

Motor Vehicle Equipment Purchases _...........$

Publications and Printing ._................,,....._._.....$

Equipment Purchases ----................................if

Per Diem and Fees _............_...................__.........$

Computer Charges _._........ ._..._......_......_...._._.__.$

Other Contractual Expense ...._._..-..._.._._.,,..,,..$

Total Funds Budgeted ......

$

Agency Funds ....___._...__..._..._..._.........._...._......... $

State Funds Budgeted ......_._........_._.._........_.._..,,..$

Total Positions Budgeted

80,000 --0--
1,000 50,000 125,000 --0-- --0-- 7,357,176 7,357,176 --0--
279

19. 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 _........_._._..........._..._.._..._......$ --0--

Computer Charges ._.._._._....._._........_..._...............$ --0--

Other Contractual Expense .......,,--................$ --0--

SSI-Supplement Benefits ___.________._..___._____._._.,,$ 850,000

AFDC Benefits

$ 119,636,782

Total Funds Budgeted ........._..._......................$ 120,486,782

Agency Funds __..._......._.-.._................_..._... ..... $ 88,352,723

State Funds Budgeted ....

.__._.$ 32,134,059

Total Positions Budgeted

0

20. 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--
28,720,922
24,162,583 52,883,505 32,354,720 20,528,785
0

21. Benefits Payments--Program Administration and Support Budget:

Personal Services .....

---$

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

Travel ..___..__._............._..-_._______._______..-.-.._._...._-$

2,667,561 772,944 174,280

FRIDAY, FEBRUARY 11, 1977

651

Motor Vehicle Equipment Purchases .._._..._..$ Publications and Printing __..._____________.___,,___.__.$ Equipment Purchases _--.__.__._..-_--__________...--__.$ Per Diem and Fees _____.___.___________.____._____________.__.$ Computer Charges _------___.------______._....:--._.$ Other Contractual Expense .._._.---______________.$ Total Funds Budgeted __.......--_._._._-.........__.._-...$ Agency Funds .-______________.._________.._._.._.______...____.._.$ Indirect DO AS Services Funding ........_.____..___.$ State Funds Budgeted ___.......____..._._........._..__._.$ Total Positions Budgeted

--0-- --0--
13,970 9,000
500,000 794,150 4,931,905 2,539,953 350,000 2,041,952
196

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 ___.....,,__.____,,,,.__.__-.-..._._.__........_.__..$ Grants for Regional Prenatal
and Postnatal Care Programs .__.-.,,._----....$ Crippled Children Benefits ..__.__.....____........____.$ Kidney Disease Benefits .._._....._.___.__....._.___-_...__.$

Cancer Control Benefits ....___......___._......_.____._...$ Benefits for Medically Indigent
High Risk Pregnant Women and Their Infants .,,...,,._ ...,,.$ Family Planning Benefits ._..._..__...._.___..._.....___.$

Benefits for Midwifery Program __.____._______.,,. $ 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 ..._.__.__....._.._.$ Community Residential
Services Program ___-___.._______--__-____-_,,_-__--___.$ 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 ----________,,_--,,___$ Group Homes for the
Mentally Retarded ____________-___,,__,,._________..____.$ Work Incentive Benefits __,,......_..,,..........__.........$ Grants to Fulton County for 24-
hour Emergency Social Services .--,,----.-$

Benefits for Child Care ...,,__._-........,,..._.__.__......$

60,211,333 29,918,914 2,514,280
33,000 267,343 389,114 1,583,047 3,158,724 32,503,621 20,000
150,000 3,034,626
474,100 646,850
2,986,000 919,880 175,000
3,500,000
106,646
102,464 10,157,115 1,137,325
52,065
25,897,960
2,419,526 1,044,405 3,971,843
65,000
1,706,846 1,100,000
130,000 6,778,942

652

JOURNAL OF THE SENATE,

Areawide and Community Grants ..................if 1,457,178

Nutrition Grants ._..______________..__.._________....__._______.$ 2,980,927

Grants for Nephrology Centers ___.__..___________.._. $

185,000

SSI-Supplement Benefits ......_--_--.......___.________$ 850,000

AFDC Benefits ...... .._........_...............................$ 119,636,782

Local Services Benefits

Payments Grants ........................._...._._...........$ 28,720,922

Grants for Drug Abuse

Community Treatment Programs ___________.$ 515,374

Grants to Counties for Social Services ....______.$ 24,162,583

Contract for the Purchase of Clotting

Factor for the Hemophilia Program _________ $

100,000

Total Positions Budgeted

4,742

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, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta.

Provided, that of the above appropriation, $437,000 is designated and committed for 12%9e> 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 Community Cardio vascular Council Stroke-Screening Program.

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, $45,000 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 no State funds shall be used for advertising 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.
Provided, that of the above appropriation to the

FRIDAY, FEBRUARY 11, 1977

653

Physical Health-Community Health Activity at least $147,000 is designated and committed for the Phenylketonuria (P.K.U.) Disease Prevention Testing.

Provided further the Department is hereby au thorized and directed to use at least $875,000 of the State funds appropriated for Contracts with Day Care Centers for the Mentally Retarded for the purpose of purchasing mini-buses and other types of buses deemed necessary.

Provided further that the Department of Human Resources is hereby authorized and directed to estab lish uniform criteria for determination of type, need for and replacement of mini-buses. The Department is fur ther authorized and directed to arrange for the purchase of mini-buses through the Department of Administrative Services.

There is hereby appropriated $31,284,059 in State funds for the purpose of making AFDC benefit payments and Child Support Recovery payments to the State Treasury.

Provided that for Fiscal 1977, the following maxi mum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11 or more

Standards of Need
$ 106 161 193 227 260 282 305 324 341 365 390

Maximum Monthly Amount
$ 42 77
115 148 169 184 199 199 199 199 199

Provided further that in the event the AFDC bene fits appropriation for Fiscal 1977 should be insufficient to support the maximum payment schedule listed above, the Department of Human Resources is directed to reduce monthly benefit payments in sufficient amounts to insure the adequacy of the AFDC benefits appropria tion to make such payments for the entire fiscal year.

Provided, further, that the Department of Human Resources shall not increase beyond the February, 1976 level the percentage of need used in making the monthly benefit calculations, nor otherwise change the factors

654

JOURNAL OF THE SENATE,

used in calculating monthly benefit payments so as to cause any increases thereof, other than mandatory changes resulting from Federal or Judicial mandate.

Provided, that of the above appropriation, $62,000 in State funds is designated and committed to contract with local district attorneys for Child Support Recovery Services.
Provided, that of the above appropriation relative to Capital Outlay, $20,000 is designated and committed to plan a sheltered workshop to serve the Gwinnett-Rockdale Counties area.
B. Budget Unit: Medicaid Services ...,,._..........._..._._.$ 115,749,976

Medicaid Services Budget:

Personal Services ._______--.____----_------........_..._.$ 2,082,154

Regular Operating Expenses ....___.._..___._._.._..$ 922,305

Travel ......................

21,000

Motor Vehicle Equipment Purchases .--....... $ --0--

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

35,000

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

85,385

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

42,000

Computer Charges _______..__.___..__._-_-._.._......_.._...$ 5,063,785

Other Contractual Expense ............................$ 1,035,440

Medicaid Benefits

$ 295,987,897

Medicaid Benefits--Payables _ . _.

$ 42,463,127

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 _.._-,,..__,,,,_______,,__.__$ 1,375,000

Total Funds Budgeted ___.,,..._-.,,_.._.___-___.__-._______.$ 351,280,093

Indirect DOAS Services Funding _______________.___.$ 1,178,612

Agency Funds ..........................4 234,351,505

State Funds Budgeted ,,........_....._.......___.__._______.$ 115,749,976

Total Positions Budgeted

223

Budget Unit Object Classes:

Personal Services

....-.-$

Regular Operating Expenses _-..___.____........__...__.$

Travel .................................. ..4

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

Publications and Printing __..._____..___._._..__..,,..__.$

Equipment Purchases ..-.-................. .i

Per Diem and Fees ................................. ^

2,082,154 922,305 21,000 --0-- 35,000 85,385 42,000

FRIDAY, FEBRUARY 11, 1977

655

Computer Charges ................. .^ 5,063,785

Other Contractual Expense ------------------.$ 1,035,440

Medicaid Benefits -.,,...----------

$ 295,987,897

Medicaid Benefits--Payables ------------_----.$ 42,463,127

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 ...._........_..........___.$ 1,375,000

Total Positions Budgeted

223

C. Budget Unit: Mental Health and Youth Development Institutions ----....----$ 130,543,845

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 DO AS Services Funding ..................^

State Funds Budgeted --------------------._----$

Total Positions Budgeted

5,025,544 894,112
11,500 4,400 1,200 4,400
73,000 70,000 107,660 387,000 6,578,816 70,000 6,036,635
497

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 ____----------------$

Capital Outlay .......................... ^

Authority Lease Rentals __------_____-___----..__.___.$

Total Funds Budgeted ___.___.__-..._.......-...-.....$

Indirect DOAS Services Funding ___.___.._..___._...$

State Funds Budgeted ......................... ^

Total Positions Budgeted

6,146,674 1,185,713
6,600 --0--
3,950 --0--
95,000 82,000 15,824 99,475
513,000
8,148,236
82,000
7,457,799
612

656

JOURNAL OF THE SENATE,

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

4,945,026 749,018 11,200 --0-- --0-- 7,150 68,000 69,000 12,000 500,000
6,361,394 69,000
5,811,512 524

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 .._.._..._...._.__..._...__.___.$

Total Funds Budgeted ___._____._.._-__..._,,..-_..-.._.$

Indirect DOAS Services Funding _,,,,_,,_____,,,,__.$

State Funds Budgeted ___....._._.___......._.____._..._..._._.$

Total Positions Budgeted

4,734,080 880,728 9,100 --0-- 1,075 8,500 15,000 65,000 --0-- 646,500
6,359,983 65,000
6,116,483
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 ...__._____..__.___._______.___.___.$

Total Funds Budgeted .__.___.-._-_.._-__.______-__.$

Indirect DOAS Services Funding ........._...__...$

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

Total Positions Budgeted

6,460^,088 1,404,164
14,550 10,000 1,700 19,250 32,550 75,000 --0-- 13,350 853,500 8,884,152 75,000 8,067,929
636

FRIDAY, FEBRUARY 11, 1977

657

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 ._...._..._.__....-_-...._- .....$ Indirect DOAS Services Funding -.-..--.--.--$ State Funds Budgeted _....._.,,__.....__.,,..._...._._._...$ Total Positions Budgeted

15,287,585 2,848,351
17,500 11,500
800 33,850 41,000 71,000 132,123 1,295,355 117,000 19,856,064 171,000 10,090,643
1,618

7. Southwestern State Hospital 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 .-.._._..... ._....._.....$

Capital Outlay .................................................$

Total Funds Budgeted ..

.

__..._...$

Indirect DOAS Services Funding .._......_...._.._..$

State Funds Budgeted ....................................^

Total Positions Budgeted

8,021,976 1,519,683
17,400 13,855
1,365 35,700 43,135 70,000 20,400 73,000 9,816,514 70,000 8,844,430
819

8. Georgia Retardation Center 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 ............................$

Capital Outlay

.. .

.^

Authority Lease Rentals __,,___._______._._____.._____,,..$

Total Funds Budgeted _._..._...___......__..._.._...-.$

Indirect DOAS Services Funding _._.-..._._...._.....$

State Funds Budgeted

.

$

Total Positions Budgeted

10,173,046 2,854,090 17,500 --0-- 2,500 18,900 41,000 102,100 34,000 11,200 794,000 14,048,336 102,100 9,328,497 1,031

658

JOURNAL OF THE SENATE,

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

7,545,907 1,685,086
22,200 --0--
1,500 4,000 54,000 60,810 410,112 450,000 10,233,615 160,810 9,611,805
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 ._._....._.-.._._......__..-__$ Outpatient and Aftercare
Drug Purchases _______..,,._____.__.________.______-..._____$ Total Funds Budgeted ..._._______.________._______.._______.$ Indirect DOAS Services Funding ____...__.__$ State Funds Budgeted .....__.........._....._._......_._.$ Total Positions Budgeted

44,492,035 9,036,949
25,250 39,000
738 68,600 55,500 360,000 78,428 2,083,751 1,284,000
750,000 58,274,251
660,000' 47,640,215
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

6,200,330 1,463,560
7,700 12,700
500 14,435 33,900 8,000 8,400 --0-- 7,749,525 7,619,137
619

FRIDAY, FEBRUARY 11, 1977

659

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

.

Grants to County-Owned Detention

Centers ._.._._......__.._...._.__,,.._._..._._._.....

Total Funds Budgeted .-_....._.-_......._...

State Funds Budgeted _ _ .

Total Positions Budgeted

2,355,659 649,357 7,575 --0-- 800 9,600 63,380 --0-- --0-- 154,702
60,000
346,500 3,647,573 3,621,535
295

13. Regular Operating Expenses Reserve Budget:
Regular Operating Expenses Reserve ........... $ Total Funds Budgeted __...._......_......_........._.-...._..$ State Funds Budgeted .._......_.......__......_......_.....$ Total Positions Budgeted

297,225 297,225 297,225
0

Budget Unit Object Classes:

Personal Services __..............._...__._............._._.... $ 121,387,950

Regular Operating Expenses .._.___.__..._.._......_._.$ 25,170,811

Travel .._.._......___.,,._......_.___..__.__._.__.___..._._.....___......$

168,075

Motor Vehicle Equipment Purchases ........... $

91,455

Publications and Printing .............._..............._..$

16,128

Equipment Purchases __............_._........_...._._.....$ 224,385

Per Diem and Fees ._......_.....____...__._...._.._..._.__..?

615,465

Computer Charges ._.,,__._._.._...,,.._......._..._......___.$ 1,032,910

Other Contractual Expense ...._....__._..._..-.._._....$ 818,947

Capital Outlay _..._._.._..._......_._..__.._......__...-_......__.$ 3,730',833

Regular Operating

Expenses Reserve ...._...._..._......_._...__...._._......._.$ 297,225

Grants to County-Owned Detention Centers __......_.....__......-._...._..........$

346,500

Authority Lease Rentals .._.__..._......___..........._.$ 5,545,000

Outpatient and Aftercare Drug Purchases ..__._...._.......,,...___...._.__..._.....-$

750,000

Reserve for Operation

of Clayton RYDC

----

$

60,000

Total Positions Budgeted

12,695

Provided, that from the above appropriation relating to Capital Outlay: $53,000 is designated and committed for renovations of the sewage lift station, to meet

660

JOURNAL OF THE SENATE,

Environmental Protection Agency requirements, at Southwestern State Hospital.

Provided, that the Department is hereby authorized and directed to redirect $580,000 from funds available to the Georgia Building Authority for renovations, to meet Fire Marshal standards, at Northwest Georgia Regional Hospital ($300,000) and Gracewood State School and Hospital ($280,000).

Provided, however, the Department is authorized to utilize from surplus funds appropriated for Personal Services at Georgia Regional Hospital at Savannah, an amount, not to exceed $200,000, for the purpose of fund ing an experimental pilot program for a community detoxification center, half-way house and educational program for alcoholics and drug abusers in Chatham County, Georgia, such pilot program to be administered by and under the direct supervision of the Commissioner of Human Resources.
Provided, that from the above appropriation relat ing to Capital Outlay, $134,702 is designated and com mitted to supplement existing funding for construction and equipping of Regional Youth Development Centers, and $128,051 is designated and committed to supplement existing funding for renovations of the Alien Building at Central State Hospital.
Provided, that from the above appropriation relat ing to Capital Outlay, $20,000 is designated and commit ted for the planning of a new Southwestern Regional Hospital at Thomasville, Georgia.
Provided, that the Department is hereby authorized and directed to redirect up to $723,545 from funds available to the Georgia Building Authority for renova tions and construction at institutions of the Department of Human Resources.
Provided, that from the above appropriation relating to Capital Outlay, $20,000 is designated and committed for the planning of a Regional Youth Development Cen ter at Fitzgerald, Georgia.

Section 27. Department of Labor. A. Budget Unit: Inspection Division ._..._.._._......_..$

480,118

Inspection Division Budget:
Personal Services ._........_.........._........_.._........_.$ Regular Operating Expenses ....._...__...--_._.__... $ Travel ...^ ,..,,..,,_ ...._.$

392,618 25,000 60,000

FRIDAY, FEBRUARY 11, 1977

661

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-- 1,500 500
--0-- --0--
500 480,118 480,118
28

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

392,618 25,000
60,000 --0--
1,500 500
--0-- --0--
500
28

B. Budget Unit: Basic Employment, Work Incentive, Correctional Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund ________.-__.

$ 3,243,164

1. Basic Employment Security and Work Incentive Budget:

Personal Services .--..........._.....----....._..--

Regular Operating Expenses .............

Travel

.

.

Motor Vehicle Equipment Purchases

Publications and Printing _____ ______ ...._.

Equipment Purchases .._... -___ ............ _

Per Diem and Fees ___.__. .........._._.... ._____

Computer Charges ...._...._........-._...-.....

W.I.N. Grants .... ............__......._.....__._....

Capital Outlay _______ _ ....

Other Contractual Expense ..............

Total Funds Budgeted .........................

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

Total Positions Budgeted

19,082,652 4,365,379
575,000 --0--
16,000 48,300 47,000 --0--
998,000 100,000 3,195,908 28,428,239 1,168,863
1,372

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services ...................--.......--. Regular Operating Expenses ............. Travel ....._........_._........_........_......__.._...._.... Motor Vehicle Equipment Purchases Publications and Printing __ ..._............. Equipment Purchases _............. ........ ....

4,149,565 2,176,584
300,000 --0--
15,000 30,000

662

JOURNAL OF THE SENATE,

Per Diem and Fees ............................................I

Computer Charges ...^ ........_,.............$

Other Contractual Expense (CETA) ....._...__.$

CETA Direct Benefits _._-.....-...-_..............___.$

Total Funds Budgeted

_. $

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

Total Positions Budgeted

35,000 --0-- 2,000,000 33,000,000 41,706,149 --0--
356

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

748,251 32,500 20,550
--0-- --0-- --0--
3,000 --0--
20,000 824,301
824,301 53

4. Unemployment Compensation Reserve Fund Budget:

Unemployment Compensation

Reserve Fund ..--

...$

Total Funds Budgeted ........__.._._......._.._._......_..$

State Funds Budgeted .--.-. $

1,250,000 1,250,000 1,250,000

Budget Unit Object Classes:

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 (CETA) .........._.$

Other Contractual Expense ,,..........__..._..........$

W.I.N. Grants ....... ..^

Capital Outlay ........ ^

Unemployment Compensation Reserve Fund ............... .4

CETA Direct Benefits .....$

Total Positions Budgeted

23,980,468 6,574,463 895,550 --0-- 31,000 78,300 85,000 --0-- 2,000,000 3,215,908 998,000 100,000
1,250,000 33,000,000
1,781

Section 28. Department of Law. Budget Unit: Department of Law ._......__..........$

2,288,649

FRIDAY, FEBRUARY 11, 1977

663

Attorney General's Office Budget:

Personal Services ,,,-----..

$

Regular Operating Expenses ..---..._.......-....... $

Travel

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

..._..$

Motor Vehicle Equipment Purchases ........._..$

Publications and Printing ._......._._..........._.._....$

Equipment Purchases . _ ,,

......$

Per Diem and Fees ..-_,,_.$

Computer Charges ...._._......,,._._.....,,...._.........._..$

Books for State Library ....................................I

Other Contractual Expense ______..___________._.__.___$

Total Funds Budgeted ................_........._._...........$

State Funds Budgeted -

. ...$

Total Positions Budgeted

2,021,149 196,723 64,100 --0-- 37,827 6,800 15,000 250 32,000 --0--
2,373,849
2,288,649 98

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 .........._.._.......,,.........$ Total Positions Budgeted

2,021,149 196,723 64,100 --0-- 37,827 6,800 15,000 250 --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 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 29. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration Agency Assessments _______.$ 2,482,329

1. Applicant Services Budget:

Personal Services

_

_. $

Regular Operating Expenses --._____----_____..--.$

Travel

.....$

439,342 44,050
2,975

664

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 ,,

__ . $

Agency Assessments --_____..______..._____________.______.$

Total Positions Budgeted

--0-- 26,075
--0-- 25,000 136,000
--0-- 673,442 673,442
35

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

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

..

^

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

323,815 9,500 8,000
--0-- 19,000 450
--0-- 65,000
--0-- 425,765 425,765
21
229,121 10,415 2,300
--0-- 4,000
--0-- --0--
46,000 --0-- 291,836 290,013
19
235,438 18,053 7,500
--0-- 5,505 1,200 69,901 250
--0-- 337,847 242,655
16

FRIDAY, FEBRUARY 11, 1977

665

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 ______________.__________..._____._________$

Other Contractual Expense _______________________$

Health Insurance Claim Payments ____________...$

Total Funds Budgeted .........................................$

Employee and Employer Contributions ._____$

Total Positions Budgeted

205,445 19,286 1,575 --0-- 3,300
910 26,000 17,156 910,000 25,700,000 26,883,672 21,000,000
17

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

228,806 11,600 2,190
--0-- 5,300
--0-- 1,900
438,729 --0--
252,755 941,280 643,903
19

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 ____________ ................ .....$

222,876 12,100
9,000 --0--
1,600 500
13,500 --0-- -- 0-- 259,576 206,551
15
1,884,843 125,004 33,540 --0-- 64,780 3,060

666

JOURNAL OF THE SENATE,

Per Diem and Fees ............................................$ Computer Charges .................................^.........$ Other Contractual Expense ------....._.......,,......$ Federal Sub-grants to
State and Local Agencies .--........_............_.$ Health Insurance Claim Payments ....._..._. __$ Total Positions Budgeted

136,301 703,135 910,000
252,755 25,700,000
142

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.

Provided, however, the Department is authorized and directed to utilize up to $100,000 of agency assess ments for the reorganization of the Merit System, in cluding payments to consultants.

Section 30. Department of Natural Resources.

Budget Unit: Department of Natural

Resources _._._.....

..,,,,._$ 28,164,811

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

1,170,325 304,500 20,700 --0-- 125,000 8,000 33,300 131,000 1,500
1,794,325 1,792,325
83

2. Information and Education Budget:

Personal Services

.

.. $

Regular Operating Expenses ..........................$

Travel .

.

$

Motor Vehicle Equipment Purchases _._.__..._..$

Publications and Printing ................................^

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

Per Diem and Fees ............................................^

449,779 137,553
13,500 16,200 292,232 23,000 6,000

FRIDAY, FEBRUARY 11, 1977

667

Computer Charges ._....__.. .......... ........... . ... __$ Other Contractual Expense ......... .._._..... $ Total Funds Budgeted .....................................^ State Funds Budgeted __....._..... .............. ........$ Total Positions Budgeted

600 --0-- 938,864 818,361
35

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 ..____________.._________.________.._______$

Capital Outlay--Heritage Trust ... ..._..... ..._.$

Total Funds Budgeted ..................._............. $

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

Total Positions Budgeted

1,028,576 122,923 50,300 7,100 52,000 625 65,179 41,000 62,710
3,700,000 102,000 328,734
5,561,147 1,083,766
59

4. Game and Fish Budget:
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 .___________________________________..____$ Capital Outlay--Hatchery
Renovation ......_.........__..........................._.... $ Capital Outlay--Repairs
and Maintenance ...........................................^ Total Funds Budgeted _...._......._.................._... $ State Funds Budgeted ......... ........... ........ .......$ Total Positions Budgeted

6,159,113 2,087,159
98,400 357,920
31,550 452,250
13,300 24,325 48,020
75,000
94,000
9,800 9,450,837 7,466,255
458

5. State Parks and Historic Sites Operations Budget:

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

Regular Operating Expenses _______ _____ _____ $

Travel ..... ............................................................if

Motor Vehicle Equipment Purchases ............$

Publications and Printing _ _____ _____________ $

Equipment Purchases _

$

Per Diem and Fees .

______ $

Computer Charges __________________._____________$

4,083,666' 2,280,700
72,500 97,464 46,250 176,000 30,550
3,000

668

JOURNAL OF THE SENATE,

Other Contractual Expense .----....______.__._______.$

Capital Outlay _._._._.._________........._$

Capital Outlay--Repairs

and Maintenance ........................^..................$

Capital Outlay--Shop Stock

.._ ______$

Cost of Material for Resale _-._______...________..___$

Authority Lease Rentals ..... ..._......._...._..._.____ $

Total Funds Budgeted .______.--___.___.__________...____$

State Funds Budgeted _____ . _______________ .___________$

Total Positions Budgeted

5,000 303,708
976,000 150,000 525,000 2,526,000 11,275,838 8,420,166
337

6. Geologic and Water Resources 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 ............. ________$ 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

523,792 79,430 32,000 4,200 26,000
2,400 7,500 --0-- 30,000
125,000
545,000 1,375,322 1,075,322
33

7. Environmental 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 ........ _________$ Solid Waste Grants _________ ____________________$
Water and Sewer Grants _ .___ __ ___________________$
Total Funds Budgeted ............................ . ..$
State Funds Budgeted ______________ ______________________ $
Total Positions Budgeted

4,474,677 304,650 190,250 5,700 42,000 36,150 7,000 140,300 355,216
2,000,000
1,073,000
8,628,943
6,848,443
270

8. Lake Lanier Islands Development Authority Budget:
Payments to Lake Lanier Islands Development Authority for Operations ....._......._......_..._._._._................ ......$

519,888

FRIDAY, FEBRUARY 11, 1977

669

Payments to Lake Lanier Islands Development Authority for Capital Outlay _______..__________________.._.__________..$
Total Funds Budgeted ______-__.___._..._______._..._.___._.$ State Funds Budgeted .__.._..._____________. _________.___.$ Total Positions Budgeted

62,500 582,388 582,388
0

9. Jekyll Island Authority Budget:
Payments to Jekyll Island Authority for Operations ._--........_............_.$
Total Funds Budgeted ... _______.-_______...________._$ State Funds Budgeted __............. ._____....._______._.$ Total Positions Budgeted

77,785 77,785 77,785
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--Hatchery

Renovation ._______. _____.____________.______..______...___.$

Capital Outlay _______ _______________.____._..________.______.____$

Capital Outlay--Repairs

and Maintenance _._______._____________._______.______$

Capital Outlay--Shop Stock ....__.....................$

Capital Outlay--Heritage Trust .. ....... ...... $

Authority Lease Rentals __ ...................... .......$

Payments to Lake Lanier Islands

Development Authority for

Capital Outlay ... ....._...........__._...._.._........_.......$

Cost of Material for Resale ....__.............._.....?

Maintenance for the South End

of Sapelo Island _______._______.______.._______.._____...____$

Payments to Jekyll Island

Authority for Operations _____.._______.______.____$

Total Positions Budgeted

17,889,928 5,316,915
477,650 488,584 615,032 698,425 162,829 340,225 502,446
3,700,000 102,000 --0--
1,073,000 2,000,000
125,000
545,000
519,888
94,000 303,708
985,800 150,000 328,734 2,526,000
62,500 525,000
75,000
77,785 1,275

670

JOURNAL OF THE SENATE,

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 of ficial approval thereof by the Board of Natural Re sources.

Provided, that of the above appropriation to the State Parks and Historic Sites Budget, $60,000 is desig nated 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.

Provided, that of the above appropriation relative to Recreation Grants, $2,000 is designated and commit ted to the Crawford W. Long Museum in Jefferson, Georgia.

Section 31. Department of Offender Rehabilitation.
A. Budget Unit: Department of Corrections .________.$

3,114,663

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

2,277,099 466,179 74,000 29,000 24,700 3,350 20,000 159,335 60,000 1,000
3,114,663 3,114,663
171

Budget Unit Object Classes:

Personal Services

,,._._.,,$

Regular Operating Expenses _.__._________.____________.$

2,277,099 466,179

FRIDAY, FEBRUARY 11, 1977

671

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

74,000 29,000 24,700
3,350
20,000 159,335 60,000
1,000 --0--
171

Provided, that of the above appropriation for the Mentally Retarded Offender Program, the department be authorized to present to the Fiscal Affairs Com mittees any possible surplus to increase the program up to $150,000.

B. Budget Unit: Correctional Institutions _______.___...$ 36,691,009

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 .......$

Per Diem and Fees

......$

Computer Charges .----____._,,------._..._..-------..$

Other Contractual Expense .....-...._........._...... $

Capital Outlay ....................................................^

Total Funds Budgeted .....................................$

State Funds Budgeted ......_._........__..._.__........_._.$

Total Positions Budgeted

738,735 167,728
2,000 --0--
125 12,750 22,000 --0-- --0-- 943,338 943,338
64
2,454,798 732,708 6,222 --0-- 700 30,940 6,420 --0-- --0-- --0--
3,231,788 3,231,788
213

3. Georgia Diagnostic and Classification Center Budget:
Personal Services .......... ^ Regular Operating Expenses ..........................I

2,842,059 680,709

672

JOURNAL OF THE SENATE,

Travel ................I

Motor Vehicle Equipment Purchases --.._____..$

Publications and Printing _.______.______._._____..____..$

Equipment Purchases ......................................if

Per Diem and Fees ..................... ..^..................^

Computer Charges ._......--.... ............................^

Other Contractual Expense .___--..______--__.._.____$

Capital Outlay ....................................................^

Authority Lease Rentals ..................................$

Total Funds Budgeted ......................................$

State Funds Budgeted

.

._._.$

Total Positions Budgeted

4,500 --0--
1,000 36,530 45,941 --0-- --0-- -- 0-- -- 0-- 3,610,739 3,610,739
269

4. Georgia State Prison Budget:
Personal Services .._...._..._..__-......_......_........_.....$ Regular Operating Expenses ........................ ^ Travel .......$ Motor Vehicle Equipment Purchases _...._.__...$ Publications and Printing _-...._.........._......_._... $ Equipment Purchases ....._....... .................. _$ Per Diam and Fees .. .......... .. .................. ....$ Computer Charges . ..._..---.........--- ....._--....._..$ Other Contractual Expense ..... ................._..$ Capital Outlay _..._._.............._..... .................._.....$ Total Funds Budgeted ....................................^ State Funds Budgeted ................... ......... .__..___.$ Total Positions Budgeted

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

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 _____________.--,,_____------.$

4,954,939 1,761,908
9,389 --0--
1,000 18,036 20,800 --0-- --0-- 37,000 6,803,072 6,782,714
474
3,468,713 952,478 16,573 --0-- 2,400 35,093 77,840 --0-- -- 0--
4,553,097 4,155,754
323
644,715 196,811
2,500 --0--
400 19,088 7,200 --0-- --0-- --0--

FRIDAY, FEBRUARY 11, 1977

673

Capital Outlay

-.-.,,.-$

Total Funds Budgeted ...

,,....$

State Funds Budgeted .,,._..._............._.._._._..._.......$

Total Positions Budgeted

--0-- 870,714 844,713
57

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

618,421 195,143
2,400 --0--
400 10,020 6,600 --0-- --0-- --0-- 832,984 832,984
57

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

980,464 281,306
2,200 --0--
400 2,200 --0--
--0--
--0--
1,266,570
1,249,324
97

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 ....................... .....4 Computer Charges ............................. ^ Other Contractual Expense _.----_______.----__.-- $ Total Funds Budgeted ................... ^ State Funds Budgeted ..............$ Total Positions Budgeted

1,145,983 266,307 3,000 --0-- 500 5,000 10,000 --0-- --0--
1,430,790 1,430,790
136

674

JOURNAL OF THE SENATE,

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 Utilities ___________.,,.__. $ Total Funds Budgeted _____,,____________..____-_._________.$ State Funds Budgeted ___..............._-__.........._._..$ Total Positions Budgeted

1,865,738 297,015 3,800 --0-- 800 5,000 10,000 --0-- --0--
86,000 2,268,353 2,268,353
213

11. 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

182,998 8,165 1,500
--0-- --0-- --0-- --0-- --0-- --0-- 192,663 192,663
20

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 Meals ..,,._______________.....__,,______.....$ Payments to Central State
Hospital for Utilities ..__.....-..............__........$ Total Funds Budgeted ......................................I State Funds Budgeted ......................................I Total Positions Budgeted

785,455 1,590,987
5,000 68,000 --0-- 305,675 --0-- --0-- --0--
606,506
6,000 3,367,623 3,242,721
84

FRIDAY, FEBRUARY 11, 1977

13. Institutional Support Budget:

Personal Services ...._...--...----...........................$

Overtime _______.___..__.._,,_____------___________________________.$

Regular Operating Expenses ...................,,__...$

Travel ..... ........$

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

Publications and Printing ................................I

Equipment Purchases .._..............._..........._.__.____.$

Per Diem and Fees ...--------.................._.,,--..$

Computer Charges ._.._._...-.....__.___..___.____._.-___.-...$

Other Contractual Expense .............._.._..._.___..$

Authority Lease Rentals .__._._._......................_...$

Court Costs

................ ^

County Subsidy

.......... ^

Inmate Release Fund ..........

4

Payments to Talmadge

Memorial Hospital

.......... ^

Capital Outlay ....-.,,..-,,-$

Outside Health Service Purchases ._..______......$

Total Funds Budgeted .._.___._-_.__-.............._..___._.$

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

Total Positions Budgeted

675
138,476 30,000
333,965 12,804
379,750 500
61,900 --0-- --0--
25,000 840,000 200,000 2,793,000 400,000
80,000 240,000 230,100 5,765,495 5,605,495
10

14. Farm Operations 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 ......_..._.__..__...,,......______._$

State Funds Budgeted ............___..._.___-.......____.$

Total Positions Budgeted

238,953 1,405,551
--0-- --0--
--0-- 99,529 3,600
--0-- --0-- 1,747,633 1,694,633
21

15. Macon Community Correctional Center 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

..... --...4

Total Positions Budgeted

9,000 41,000
1,000 65,000 --0-- 489,000 --0-- --0-- --0-- 605,000 605,000
3

676

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 ..-.....___.____.........._...$

Authority Lease Rentals __

_

$

Capital Outlay _...__......._._._..._..___.........___.____....,,..$

Court Costs ___..___._...._.__..___.._...........__..__._._........__.$

Inmate Release Fund ..--...-.------------...._._.___.$

County Subsidy ..____..___...............-___.__...,,......._.. $

Payments to Central State

Hospital for Meals --_--_,,_----------.__..__________$

Payments to Central State

Hospital for Utilities ......-_._.__..__.._._.........._..$

Outside Health Service Purchases __,,..____________$

Payments to Talmadge

Memorial Hospital

....

$

Overtime _,,...._.____________________.__._...___._____________________.$

Total Positions Budgeted

21,069,447 8,911,781
72,888 512,750
8,225 1,130,761
210,401 --0--
25,000 840,000 277,000 200,000 400,000 2,793,000
606,506
92,000 230,100
80,000 30,000 2,041

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 the Department is hereby authorized and directed to redirect up to $590,000 from funds avail able to the Georgia Building Authority (Penal) to con struct and equip a meat plant 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.

Provided, that the Department is hereby authorized and directed to redirect up to $400,000 from funds avail able to the Georgia Building Authority (Penal) to ren ovate the canning plant at Georgia State Prison.

Provided, that of the above appropriation relative to Capital Outlay, $200,000 is designated and committed to provide for the planning of a new Atlanta Facility, provided further, that of the above appropriation rela tive to Capital Outlay, $40,000 is designated and com mitted to provide for the site adaption of prototype hous ing at the Lee Correctional Institution.

FRIDAY, FEBRUARY 11, 1977

677

C. Budget Unit: Department of Offender Rehabilitation ........... _._____,,____._.,,_$ 7,167,981

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

298,000 20,000
6,934 --0--
500 300
--0-- --0-- --0-- 325,734 325,734
15

2. Probation/Parole Field Operations Budget:
Personal Services ................. ...^ Regular Operating Expenses ..........................$ 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

4,195,347 331,206 219,875 20,009 2,500 15,705 7,626 --0-- --0--
4,792,268 4,792,268
384

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

151,342 27,000
6,000 --0--
200 --0-- --0-- --0-- --0-- 184,542 184,542
10

4. Work Release Centers Budget:
Personal Services __._.._...___-__._--_.-.--.--$ Regular Operating Expenses ._--.___.----------$ Travel ........................... --.^

303,000 246,000
2,500

678

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-- 400
5,000 13,000 --0-- --0-- 569,900 568,925
29

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

259,196 165,510
2,100 --0--
170 1,500 5,000 --0-- --0-- 433,476
404,451 26

6. Women's Pre-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

202,000 190,000
2,500 --0--
300 5,000 11,000 --0-- 3,600 414,400 414,400
21

7. Andromeda 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 ............................^

Total Funds Budgeted .................. 4

State Funds Budgeted ..--..-$

Total Positions Budgeted

149,032 153,003
5,000 16,500 --0-- 6,400 16,200 --0-- --0-- 346,135 107,219
17

FRIDAY, FEBRUARY 11, 1977

679

8. Restitution Shelters Budget:
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

354,442 145,490
4,600 4,000 1,000 --0-- 11,200 --0--
300 521,032 370,442
34

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

5,912,359 1,278,209
249,509 40,509
5,070 33,905 64,026 --0-- 3,900
536

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

1,742,802
1,529,708 110,294 87,000 --0-- 3,200 1,400 11,200 --0-- --0--
1,742,802 1,742,802
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 --.--_---.,,------_._-----------$

1,529,708 110,294
87,000
--0-- 3,200 1,400
11,200 --0--

680

JOURNAL OP THE SENATE,

Other Contractual Expense .................$ Total Positions Budgeted

--0-- 122

Section 32. Department of Public Safety.
Budget Unit: Department of Public Safety ...................................^

24,880,376

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

267,364 30,300 15,000 --0-- 7,000 2,000 9,200
1,000 --0-- 331,864
--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 ........................... .^

Total Positions Budgeted

307,195 37,468
4,158 -- 0--
18,822 1,770 750
-- 0-- -- 0-- 370,163 370,163
17

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

794,184 920,602
2,500 --0--
52,400 1,000 3,250
22,312 --0-- 1,796,248 1,796,248
59

FRIDAY, FEBRUARY 11, 1977

681

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 ................... ....J$ Capital Outlay .............................. ^ Conviction Reports ............................... ^ Total Funds Budgeted ............................ ^ Indirect DOAS Services Funding .__.__...,,__.___.$ State Funds Budgeted ....................... .^ Total Positions Budgeted

16,981,761 2,403,534
108,020 825,713 731,281 239,465 16,842 1,399,848 --0-- 11,735 164,000 22,882,199 600,000 21,865,257
1,178

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

339,374 371,055
15,062 4,750 11,683 4,091 32,946 --0-- 7,264 786,225 246,003
23

6. Police Academy:

Personal Services __.........-____.......__._--.........__-_--$

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

Travel

.......... 4

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

7. Fire Academy:
Personal Services __....,,,,-__.--..,,.__._--.._..-_____..--$ Regular Operating Expenses .........................-^ Travel ...,,..._____.......-.-_.-.......___........-_..-_...-,,-___$ Motor Vehicle Equipment Purchases -........-$ Publications and Printing ......-_._-........,,._.-......-$ Equipment Purchases ....................................^ Per Diem and Fees ...........-.........-............-......$

303,207 99,923 31,002 16,200 6,980 17,790
9,000 --0-- --0-- 484,102 399,602
17
163,682 33,060 16,607 10,600 2,200 4,600 55,170

682

JOURNAL OF THE SENATE,

Computer Charges ...... .......... _...._.$ Other Contractual Expense .._.___..______.____________$ Total Funds Budgeted .,,..-..- .......$ State Funds Budgeted ___-._.._-...._...___....______...___..$ Total Positions Budgeted

--0-- --0-- 285,919 203,103
10

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

19,156,767 3,895,942
192,349
857,263 830,366 270,716 127,158 1,423,160
7,264 11,735 164,000 1,320

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 for Motor Vehicle Administrators, and the International 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.

Provided, however, of the above appropriation $4,568 is designated and committed for compensation payments to Brooks County.

Section 33. Public School Employees' Retirement System.

Budget Unit: Public School Employees'

Retirement System

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

^. 8,557,180

Department Operations Budget:

Payments to Employees' Retirement

System ....................

^,

Employer Contributions __._............._.._._.............$

Total Funds Budgeted __....._.-- $

State Funds Budgeted ......... ..^

279,000 8,278,180 8,557,180 8,557,180

FRIDAY, FEBRUARY 11, 1977

683

Budget Unit Object Classes:
Payments to Employees'
Retirement System ________--_..__________.,..___$ Employer Contributions _,,_______,,_._$

279,000 8,278,180

Section 34. Public Service Commission.
Budget Unit: Public Service Commission ___,,__,,,,____$

2,242,791

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

536,974 31,855
6,500 --0--
1,250 1,000 4,000 --0-- 42,000 623,579 623,579
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

573,057 113,040 28,000 --0--
7,000 1,000 1,500 --0-- --0-- 723,597 723,597
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 ,,,,__,,,,,,----_,,,,_,,$
Total Funds Budgeted ....-___......-____--...-._..$
State Funds Budgeted ___,,__,,___,,_________-___$
Total Positions Budgeted

736,763 67,052 60,000 --0--
4,300 2,500 90,000 --0--
--0--
960,615
895,615
53

684

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 ._......_.......,,..... ____$ Total Positions Budgeted

1,846,794 211,947 94,500 --0-- 12,550 4,500 95,500 --0-- 42,000 122

Section 35. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions .................$ 273,399,794

1. Resident Instruction Budget:

Personal Services

....

$ 252,610,337

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 ................_...._....--...... $ 84,232,202

Teachers' Retirement .,,___._... $ 20,073,523

Capital Outlay ......_-__.___._...._..__.-......._...-.-_._.$

70,000

Authority Lease Rentals _... ,,

$ 22,596,000

Total Funds Budgeted .--............_...._._._-._........$ 379,582,062

Indirect DOAS Services Funding ............. ... $ 3,500,000

State Funds Budgeted __._._..._.........._.................$ 239,021,915

Total Positions Budgeted

15,864

Provided, that from appropriated funds in A, the amount of $22,596,000 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 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 con tract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the

FRIDAY, FEBRUARY 11, 1977
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 Gov ernment, 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.
Provided, that revenue from student fees which ex ceeds the original budget estimates of student fees by $8,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Sub committees of the House and Senate; 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 in come.
Provided, that of the above appropriation relating to Capital Outlay, $70,000 is designated and committed for an Irrigation System at the Extension-Research Center in Attapulgus, Georgia.
2. Marine Resources Extension Center Budget:
Personal Services ____._._......___.___.....-..__.__-_-.-$ 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 .....__._-.....-__.___._----$

685
268,788 119,302 388,090

686

JOURNAL OF THE SENATE,

State Funds Budgeted --.-....__..$ Total Positions Budgeted

388,090 22

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 ................................I State Funds Budgeted ......................................I Total Positions Budgeted

806,235
758,546 1,564,781
573,781 33

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

6,899,140
2,177,000 9,076,140 2,343,441
184

5. Engineering Extension Division 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

596,785
284,892 881,677 243,038
46

6. Agricultural Experiment Stations Budget:
Personal Services _._____________,,-_-----_---$ Regular Operating Expenses,
Travel, Motor Vehicle Equipment Purchases, Pub lications and Printing,

10,271,976

FRIDAY, FEBRUARY 11, 1977

687

Per Diem and Fees, Equip

ment Purchases, Computer

Charges, and Other

Contractual Expense ___..___..-_.$

Total Funds Budgeted

----,,,,-,,$

State Funds Budgeted ..__....................._..__..___... $

Total Positions Budgeted

4,983,338
15,255,314 9,663,593
824

7. Cooperative Extension Service 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

14,974,624
2,098,012 17,072,636 8,916,636
955

8. Talmadge Memorial Hospital 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

19,413,638
7,672,156 27,085,794 11,723,300
2,082

9. Veterinary Medicine 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 .-..-...--........--......-..-..I
State Funds Budgeted ............,,._,,._-___-,,__--.$
Total Positions Budgeted

365,500
160,500 526,000 526,000
28

688

JOURNAL OF THE SENATE,

Budget Unit Object Classes:

Personal Services .................................$ 306,207,023

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 _._.__.________$ 102,485,948

Teachers' Retirement ---________________________,,,,_.____..$ 20,073,523

Capital Outlay

................ ^

70,000

Authority Lease Rentals __________________________.______.$ 22,596,000

Total Positions Budgeted

20,038

B. Budget Unit: Regents Central Office ._______________$ 8,727,885

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 ...._______________.________________$ SREB Payments _-,,__---._.._..._._....._...._$ Medical Scholarships ___________ _____________.______......_ $ Regents Scholarships _____________________________________..$ Grants to Junior Colleges ................. .^ Total Funds Budgeted __._--........................_.___-$ State Funds Budgeted ___________.______.,,.._..........__..$ Total Positions Budgeted

1,727,389
395,846 1,019,650
345,000 200,000 5,040,000 8,727,885 8,727,885
98

Budget Unit Object Classes:
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 _......________________.__-.-_......$ SREB Payments .______________........._.______.______________ $ Medical Scholarships .______________._-..........__._________$ Regents Scholarships ......_____________.___........________.$ Grants to Junior Colleges ................................^ Total Positions Budgeted

1,727,389
395,846 1,019,650
345,000 200,000 5,040,000
98

Section 36. Department of Revenue. Budget Unit: Department of Revenue-----$ 19,184,497

FRIDAY, FEBRUARY 11, 1977

689

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 DO AS Services Funding ..._._...._..._...$ State Funds Budgeted ....._.._.........__.__..._.....___...$ Total Positions Budgeted

660,803
450,000 350,400
7,400 --0-- 158,200
9,450 18,000 10,000 --0-- 1,664,253 10,000 1,654,253
39

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 .._.._,,.__.__..._...._.__..$

Motor Vehicle Tag Purchases ._...-_.__..._._...._-.$

Motor Vehicle Decal Purchases .__...__...._-_..._-.$

Total Funds Budgeted .._._._...._....._.....___...__._.....$

Indirect DOAS Services Funding

,,$

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

Total Positions Budgeted

2,563,177 984,324 1,000 --0-- 196,544 20,000 --0--
1,719,200 --0-- 390,000 283,000
6,157,245
1,719,200 4,438,045
256

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, 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.

3. Property Tax Budget:
Personal Services _.,,...._.__-.,,.-- Regular Operating Expenses Travel .._,,.._.....__.........._...._._..._..

765,996 29,931 50,500

690

JOURNAL OF THE SENATE,

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

--0-- 77,400 2,573 46,000 600,000
--0--
171,596
1,450,000 --0--
3,193,996
171,596 600,000 2,422,400
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 ap propriated but not to exceed $171,596 in F.Y. 1977. 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 _._________.___.__________$

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 .........................--............---I

805,978 80,980
2,320 --0--
81,200 3,500 --0-- 413,000 --0-- 1,386,978 413,000 973,978
76
401,766

FRIDAY, FEBRUARY 11, 1977

691

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 ._.._._-... .._._._.._._..$ 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 ................ ^

9,250 1,750 --0-- 45,000 --0-- --0-- 101,000 --0-- 558,766 101,000 457,766
35
1,389,506 219,150 2,400 --0-- 237,450 --0-- --0--
1,260,000 --0--
3,108,506 1,260,000 1,848,506
115
1,711,214 189,537 34,953 82,800 18,000 2,710 5,000 92,000 --0--
2,136,214 92,000
2,039,714 114
132,525 24,432 4,000
--0-- 12,000
--0-- --0-- --0-- --0-- 172,957

692

JOURNAL OF THE SENATE,

State Funds Budgeted ...._....._$ Total Positions Budgeted

172,957 8

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 ._......_._.___.._...._......_......_.$ Indirect DOAS Services Funding ___.________._.._$ State Funds Budgeted _._.._........._._._......._...........$ Total Positions Budgeted

1,366,192 21,958 297,177
4,200 1,200 --0-- --0-- 3,000 --0-- 1,693,727 3,000 1,690,727
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 .... $

Indirect DOAS Services Funding ____.__.._..___..$

State Funds Budgeted .._____.__....______.._.__.___________..$

Total Positions Budgeted

3,073,401 195,350 196,000 --0-- 9,400 9,000 3,000 8,800 --0--
3,494,951 8,800
3,486,151 245

Budget Unit Object Classes:

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 _._...,,.,,.....__,,. ...._.$

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

12,870,558
450,000 2,105,312
597,500 87,000 836,394 47,233 72,000 4,207,000 --0--
171,596
1,450,000 390,000 283,000 --0-- 1,024

FRIDAY, FEBRUARY 11, 1977

693

Section 37. Secretary of State. Budget Unit: Secretary of State __--..._...._-.._.$ 6,453,865

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

1,321,567 425,668 107,004 --0-- 24,968 11,300 190,000 14,000 --0--
2,094,507
2,094,507 120

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

230,821 13,812 15,620 --0-- 2,500 2,827 --0-- --0-- --0-- 265,580 247,503
15

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

239,084 59,052 5,700
--0-- 6,900 10,072
--0-- --0--
23,000 343,808 343,808
26

4. Pharmacy Regulation Budget:
Personal Services .....................................I Regular Operating Expenses ....._.._..,..__._..,,... $ Travel ..._.._...._........_._._.....__...-._--------- $ Motor Vehicle Equipment Purchases .__....._._.$ Publications and Printing .....__...---._.....--......$ Equipment Purchases ___._----.--------. .----.....$

232,903 10,753 40,000 --0--
300 100

694

JOURNAL OF THE SENATE,

Per Diem and Fees --..._____--___....._--...._.._---.....$ Computer Charges --. ..... _....,,___...........$ Other Contractual Expense ___.._..._.._........._____.$ Total Funds Budgeted _._._______.___.____.__..___.___.__.__$ State Funds Budgeted .......... ^ Total Positions Budgeted

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 ........................................i

Total Positions Budgeted

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

--0-- --0-- --0-- 284,056 284,056
13
1,131,080 158,900 17,253 --0-- 17,707 50,318 2,223 --0-- 14,000 815,000
2,206,481 2,165,553
93
432,156 69,186 8,216
--0-- 40,000 3,310 2,500
--0-- --0-- 555,368 555,368
33

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

428,236 62,877
6,000 --0--
62,876 1,000
--0--
--0-- --0-- 560,989 560,989
28

8. Bicentennial Commission Budget:
Personal Services ........ ............. ....___........$ Regular Operating Expenses ..........................%

69,552 37,345

FRIDAY, FEBRUARY 11, 1977

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

695
4,000 --0--
4,000 --0-- --0-- --0-- --0-- 114,897 111,897
8

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

49,657 18,577
9,000 --0--
6,000 450
6,500 --0-- --0--
90,184 90,184
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 ---.___----.....-. __.-$

Total Positions Budgeted

4,135,056 856,170 212,793 --0-- 165,251 79,377 201,223
14,000 37,000 815,000
339

Provided, that of the above appropriation relating to the Secretary of State, $23,000 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.

Provided, however, that of the above appropriation $15,000 is designated and committed for the hiring of one new investigator position in the Dental Board.

Section 38. State Scholarship Commission.
Budget Unit: State Scholarship Commission .___...$

9,248,281

696

JOURNAL OF THE SENATE,

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

657,877 156,454
20,000
--0-- 4,000
306,350 4,200
25,000 15,300 1,189,181 387,081
51

2. Higher Education Assistance Corporation Budget:

Payment of Interest and Fees ............--._--..-.$

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 .._........-.-............_...._....$ Total Positions Budgeted

1,935,000 5,500,000
1,919,700 9,354,700 8,604,700
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:

Law Enforcement Personnel

Dependents Scholarships --.---.--_.--_--..--.

Total Funds Budgeted

. -.

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

Total Positions Budgeted

36,000 36,000 36,000
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 _.-----.--.._..--..

657,877 156,454
20,000 --0--
4,000 306,350
4,200 25,000 15,300 404,500 1,935,000

FRIDAY, FEBRUARY 11, 1977

697

Tuition Equalization Grants _____________._.______,,_____$ State Student Incentive
Scholarships _.__._..._._._ $ Law Enforcement Personnel
Dependents Scholarships _____ .__..___.. ______ $ Total Positions Budgeted

5,500,000
1,919,700
36,000 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 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 re lative to Law Enforcement Personnel Dependents Scholarships $36,000 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 pro vided by law.

Provided, that from the above appropriation $5,500,000 is designated and committed to provide $400 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 rela tive to Student Incentive Scholarships is designated and committed solely for the purpose of providing needs-based 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 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 summer term study in institutions of higher education, nor to

698

JOURNAL OP THE SENATE,

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 39. 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

366,212
174,852 33,803 28,400 --0-- 12,170 3,487 96,500 --0-- 17,000 366,212 366,212
11

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

174,852 33,803 28,400 --0-- 12,170 3,487 96,500 --0-- 17,000
11

Section 40. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System ............-^

890,000

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

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

788,035 94,959 14,500 --0-- 13,000 17,947 67,000 363,840 --0--
890,000

FRIDAY, FEBRUARY 11, 1977

699

Total Funds Budgeted --- ....... ..................$ State Funds Budgeted .....................................I Total Positions Budgeted

2,249,281 890,000 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 ---. ...... -......----.. $ Floor Fund for Local
Retirement Systems .._.._................._..............$ Total Positions Budgeted

788,035 94,959 14,500 --0-- 13,000 17,947 67,000 363,840 --0--
890,000 55

Section 41. Department of Transportation.
Budget Unit: Department of Transportation .......................... ................_.$ 274,786,303.06

1. Planning and Construction Budget:

Personal Services . .. .

......$ 51,881,449.00

Regular Operating Expenses _________..._...____...___.$ 4,177,627.00

Travel ........................$ 1,295,053.00

Motor Vehicle Equipment Purchases ...----.$ --0--

Publications and Printing ......_.........__........_._..$ 245,100.00

Equipment Purchases ...._........_......_........__.._....$

67,750.00

Per Diem and Fees _._.................__......._.__...........$ 2,931,000.00

Computer Charges ._..___..._.___.-.........--._...,,.--._..$ --0--

Other Contractual Expense _..._______..______..-___.$ 277,000.00

Capital Outlay ................................. ..._..._........_.$ 243,847,127.06

State of Georgia General

Obligation Debt Sinking Fund _...._..._......._..$ --0--

Total Funds Budgeted ._.._........................--....$ 304,722,106.06

State Funds Budgeted ._.........._.........................$ 110,653,428.06

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 _._........._....._.$

32,689,006 21,223,367
206,960 --0--
6,910 --0-- --0-- --0-- 907,725 47,023,936
500,000

700

JOURNAL OF THE SENATE,

Total Funds Budgeted _____........______.._..____....__.._.$ 102,557,904

State Funds Budgeted ....__...____....___.._.____.__._.___. $ 99,826,204

Total Positions Budgeted

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 .

...

$

Other Contractual Expense ----_.,,..________------ $

Total Funds Budgeted _._..............._..___._.............$

State Funds Budgeted .....................................^

Total Positions Budgeted

5,477,938 2,720,236
100,000 --0-- 302,000 --0-- 229,500 1,389,863 --0-- 10,219,537 9,880,755
321

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in conform ity with and pursuant to Article VII, Section IX, Para graph 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 Depart ment of Administrative Services in the immediately 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 immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation pay able in lieu of the amount appropriated herein.

FRIDAY, FEBRUARY 11, 1977

701

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 Pay ments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from pre vious years as requested by the Department of Trans portation 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 recon struction, improvement in highways, and highway plan ning, in cooperation with the Federal Government, in cluding all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway 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 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 consti tutionally appropriated to the Department of Trans
portation.

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 debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Trans portation.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking

702

JOURNAL OF THE SENATE,

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 disbursed 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 mileage infor mation is furnished by the Department of Transporta tion.

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:

Planning and Construction

Geodetic Control

- ..

$

Harry S. Truman Parkway ........_...._..___._._,,_..$

Maintenance and Betterments

General Obligation Bond Debt

Service for Resurfacing ........_..._._____..__.....__$

Paving, Curbing and Guttering,

and Other Related Expenses

. .,,. $

Capital Outlay--Resurfacing .._.._...._.._............$

250,000 330,000
500,000
75,000 30,000,000

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

.......$

9,317,000 9,317,000 9,317,000

FRIDAY, FEBRUARY 11, 1977

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Providing, further, that a member of the governing authority of the municipality, designated by such author ity, shall execute an affidavit annually that funds re ceived 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 Gov ernor or the Office of Planning and Budget or the Dir ector of the Department of Transportation, the State Auditor shall cause an audit to be made of any mun icipality to determine the use of such funds. The ex pense 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 ............................................^

Capital Outlay ...................................................^

Other Contractual Expense _____.,,-__.....,,.......--$

Total Funds Budgeted ............^

State Funds Budgeted ..................................... ^

Total Positions Budgeted

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

703
321,047 297,390
11,500 1,200
200 5,000
500 --0--
14,800 --0-- 651,637 426,637
17
239,610 11,550 10,000
--0-- 5,000 500
254,750 --0--
30,950 135,651 175,000 863,011 770,543
15

704

JOURNAL OF THE SENATE,

10. Harbor Maintenance Budget:

Harbor Maintenance Payments -----.----.....__$

Total Funds Budgeted ...... .^

State Funds Budgeted _._..

.. $

250,000 250,000 250,000

Budget Unit Object Classes:

Personal Services ------...__--...______.__.______._________$ 90,609,050.00

Regular Operating Expenses ........................_.$ 28,430,170.00

Travel .............. ..^ 1,623,513.00

Motor Vehicle Equipment Purchases ....._._....$ 2,301,200.00

Publications and Printing ........ ^ 559,210.00

Equipment Purchases ....._..........__......_._....._____.$ 810,161.00

Per Diem and Fees _._....... .._.._._._....._._._......_......$ 3,415,750.00

Computer Charges ...... ....^ 1,389,863.00

Other Contractual Expense ............................^ 1,215,675.00

Capital Outlay ....................................................^ 291,405,514.06

Mass Transit Grants .......................................$ 175,000.00

Grants to Municipalities _..._..........._._...............$ 9,317,000.00

Harbor Maintenance Payments ....._...--._...-...$ 250,000.00

Grants to Counties

....

.....$ 9,317,013.00

Authority Lease Rentals ._--- ....................._... $ 27,343,961.00

State of Georgia General

Obligation Debt

Sinking Fund .

$ 4,280,762.00

Total Positions Budgeted

7,504

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.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 5 r/r of an individual airport project when matching both FAA and Local Funds, and 50 r/c 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 1009r 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.

FRIDAY, FEBRUARY 11, 1977

705

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.

Provided, that of the above appropriation relative to Per Diem and Fees, $330,000 is designated and com mitted for final engineering and planning the Harry S. Truman Parkway.

Provided, that of the above appropriation related to Per Diem and Fees, $50,000 is designated and com mitted for Rail Facilities Planning.

Section 42. Department of Veterans Service.
Budget Unit: Department of Veterans Service .-__.._._-......_____......._.___-........._.___.......$

5,893,625

1. Veterans Assistance 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 ---_-______----___-___-_$ Grants to Confederate Widows .__._,,.--,,__.--.,,$ Total Funds Budgeted __._._____.____._.___________.____.__.$ State Funds Budgeted -_.....-___........._____-....____.$ Total Positions Budgeted

1,991,132 146,495 64,625 --0-- 20,000 6,192 8,800 150 --0-- 14,542
2,251,936 1,987,881
172

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Equipment Purchases __...__...--..,,,,.__......____,,$ Repairs and Maintenance .................. ^ Operating Expenses/Payments to
Central State Hospital ................... .^ Total Funds Budgeted -_-.....__-......_____......____._.$ State Funds Budgeted ...................... ^

106,056 27,000
4,026,774 4,159,830 2,834,983

3. Veterans Nursing Home-- Augusta Budget:
Operating Expense/Payments to Medical College of Georgia ____,,...........__.......$
Other Contractual Expense --.,,____-.--.._-_,,..--.$ Total Funds Budgeted ......................... ^ State Funds Budgeted ....................$

1,882,397 --0--
1,882,397 1,070,761

706

JOURNAL OP 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 _____________________ $ Repairs and Maintenance ______,,________________________$ Operating Expense/Payments to
Central State Hospital .....__........___.........__.._.$ Operating Expense/Payments to
Medical College of Georgia ._......___......___..... $ Total Positions-Budgeted

1,991,132 146,495 64,625 --0-- 20,000 112,248 8,800 150 --0-- 14,542 27,000
4,026,774
1,882,397 172

Section 43. Workmen's Compensation Board.
Budget Unit: Workmen's Compensation Board -.---.----- $

2,098,129

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

1,528,450 251,761 20,700 --0-- 14,781 8,750 70,600 74,094 --0--
1,969,136 1,969,136
99

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

108,873 4,820 12,700
--0-- 2,000
--0-- --0--
600 --0-- 128,993 128,993
8

FRIDAY, FEBRUARY 11, 1977

707

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

1,637,323 256,581 33,400 --0-- 16,781 8,750 70,600 74,694 --0-- 107

Section 44. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .................... .^

15,575,000

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ......$

4,028,900

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $520,000 is specifically appropriated for the pur pose of constructing and equipping facilities on property in Atlanta, Georgia, through the issuance of not to ex ceed $5,200,000 in principal amount of General Obliga tion Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $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, equipping, and acquisition of school buildings and facilities, including vocational education comprehensive 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 determined 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 Sinking Fund, $736,000 is specifically appropriated for the pur pose of Area Vocational-Technical School construction

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JOURNAL OF THE SENATE,

and equipping through the issuance of not to exceed $7,360,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $767,500 is specifically appropriated for the pur pose of constructing facilities at Gracewood State School and Hospital, Southwestern Regional Hospital and Cen tral State Hospital through the issuance of not to exceed $7,675,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $275,400 is specifically appropriated for the pur pose of constructing Regional Youth Development Centers at Macon, Griffin, Columbus, and Eastman through the issuance of not to exceed $2,850,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $730,000 is specifically appropriated for the pur poses of financing a new construction program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the is suance of not to exceed $7,300,000 in principal amount of General Obligation Debt.

Section 45. In addition to all other appropriations
for Fiscal Year ending June 30, 1977, there is hereby appropriated $150,000 for the purpose of paying com munications charges due to the rate increase. Provided further that the Office of Planning and Budget shall not be authorized to transfer funds from this Section to departmental budgets without prior approval of the Fis cal Affairs Subcommittees of the House and Senate.

Section 46. This Appropriations Act includes the appropriation of $6,000,000 of Public Works Act Title II funds for such items of appropriation in this Act as the Governor shall designate.

Section 47. It is the intent of this General As sembly that each agency for which an appropriation is authorized herein shall maintain financial records in
such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act.

Section 48. In addition to all other appropriations,

FRIDAY, FEBRUARY 11, 1977

709

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 wholesale 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 49. No State appropriations authorized under this Act shall be used to continue programs cur rently funded by 100% Federal funds.

Section 50. Provided further that no State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services, either directly or indirectly.

Section 51. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease con tracts now in existence or as provided for in this Ap propriations 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 appro priated 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 in sufficient in any year to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution in volved, 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 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 Gen eral Funds.

Section 52. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report sub mitted to the General Assembly at the 1976 regular ses-

710

JOURNAL OF THE SENATE,

sion and the amended Budget Report submitted to the General Assembly at the 1977 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, pro grams, and activities subject to the conditions that no funds whatsoever shall be transferred for use in ini tiating 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 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 meet ing called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Sec tion or in violation of any amendments properly ap proved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recom mendation 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 ap proved in the same manner and under the same condi tions provided hereinbefore for transfers.

Section 53. 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. 1977 submitted to the General Assembly
at the 1976 regular session and the amended Budget Re port submitted to the General Assembly at the 1977 regular session.

Section 54. 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.

Section 55. 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 ac tual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of

FRIDAY, FEBRUARY 11, 1977

711

Planning and Budget, shall cease to be an obligation of the State.

Section 56. TOTAL APPROPRIATIONS F.Y. 1977 ...... ,,..,,,,--..-.,,-,-$1,918,345,530.06.

Section 57. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 58. 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. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th moved that the Senate adopt the Conference Committee Report on HB 94.

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Voting in the negative was Senator Barker.

Those not voting were Senators:

Barnes Dean of 6th

Hudgins

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Traylor

712

JOURNAL OF THE SENATE,

On the adoption of the Conference Committee Report, the yeas were 51, nays 1, and the Conference Committee Report on HB 94 was adopted.

SENATE RULES CALENDAR Friday, February 11, 1977
HB 25. Financial Disclosure Act--change certain requirements SB 45. Personnel Board--adopt classification plan after 4/1/78 (SUB) SB 87. Cemetery Lots--reclamation and sale of abandoned ones (SUB) SB 98. Peace Officers' Annuity & Benefit Fund--redefine "peace officer" SB 101. Teachers' Retirement--change certain provisions relative to interest SB 213. Compact for Education--Georgia be party to SB 214. Adequate Program for Education in Georgia--define certain terms SB 215. Compensatory Education Expenses--basis for allocating funds SB 216. Adequate Program for Education--provide on allocation of
administration personnel (AM) SR 65. Curriculum Laboratory--Board of Education establish
Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Senator Kidd of the 25th moved that the following bill of the House, which was read the third time on February 8 and postponed until today, be committed to the Committee on Economy, Reorganization and Efficiency in Government:

HB 25. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend the Campaign and Financial Disclosure Act, approved March 5, 1974, so as to change certain campaign disclosure report filing requirements under Section 6 (d) of said Act.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 25 was committed to the Committee on Economy, Reorganization and Efficiency in Government.

The following general bill of the Senate, having been read the third time on January 31 and postponed to February 1 and committed to the Committee on Economy, Reorganization and Efficiency in Government on February 1, was favorably reported by the committee and put upon its passage:

FRIDAY, FEBRUARY 11, 1977

713

SB 45. By Senators Kidd of the 25th, Russell of the 10th, McGill of the 24th and others:
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 pro vide that the State Personnel Board shall not adopt a Statewide Classi fication Plan prior to April 1, 1978.

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following substitute to SB 45:
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), as amended by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1547), so as to provide that the State Personnel Board shall not implement any of the job classification provisions of a Statewide Classification Plan, commonly known as the "Hay Report", without the approval of the General As sembly; 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 completely and exhaustively revising, super seding 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), as amended by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1547), is hereby amended by adding a new subsection (c) at the end of Section 4, to read as follows:
"(c) The State Personnel Board shall not implement any of the job classification provisions of a Statewide Classification Plan, com monly known and referred to as the 'Hay Report', without the ap proval of the General Assembly."
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 38, 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.

714

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:

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean of 6th

Evans

Stephens

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

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

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 87. By Senators Evans of the 37th, Hudgins of the 15th, Johnson of the 34th and others:
A bill to amend Code Chapter 85-4, relating to the prescriptive rights in property, as amended, so as to provide for the reclamation and sub sequent sale of abandoned cemetery lots; to provide a definition; to provide for proceedings in the superior court.
The Senate Committee on Judiciary offered the following substitute to SB 87:
A BILL
To be entitled an Act to amend Code Chapter 85-4, relating to the prescriptive rights in property, as amended, so as to provide for the reclamation and subsequent sale of abandoned cemetery lots; to provide a definition; to provide for proceedings in the superior court; to provide for contents of a petition; to provide for a hearing and for notice there-

FRIDAY, FEBRUARY 11, 1977

715

of; to provide for court orders and for notice thereof; to provide for all 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 Chapter 85-4, relating to the prescriptive rights in property, as amended, is hereby amended by adding a new Section at the end thereof, to be designated Code Section 85-420, to read as follows:
"85-420. Abandoned cemetery lots; proceedings for reclamation and subsequent sale, (a) As used in this Section, 'lot' means any lot, or portion of a lot, in a cemetery which has not been used for the interment of human remains.
(b) The owner, governing board, or other officials having con trol over a cemetery may maintain in the superior court in the county within which the cemetery is located a proceedings for the termination and forfeiture of the rights and interests of an owner of any lot or lots in said cemetery whenever the present owner of the lot is unknown to the owner, governing board, or other officials and a period of at least 75 years has passed since any portion of the lot has been used for interment purposes.
(c) (1) The proceeding shall be commenced by the filing of a verified petition with the clerk of the superior court.
(2) The petition shall:
(A) Identify the lot or lots.
(B) State that the lot has not been used for the interment of human remains, and that a core or sound test has been conducted to determine that the lot contains no remains.
(C) State that the present owner of the lot is unknown to the owner, governing board, or other officials.
(D) State that a period of at least 75 years has passed since any portion of the lot was used for interment purposes.
(E) Request that the court issue an order declaring the lot abandoned and further declaring all of the rights and interests of such owner therein terminated and forfeited.
(3) The petition shall be accompanied by an affidavit by the owner, governing board, or other officials that a diligent search to locate the present owner of the lot has been made but that such owner has not been located.

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JOURNAL OF THE SENATE,

(d) Upon the filing of the petition and affidavit, the clerk of the superior court shall fix a time for a hearing on the petition not less than 30 days nor more than 60 days after the date of the filing.

(e) (1) Notice of the hearing shall be given by the owner, governing board, or other officials by posting copies of the notice in 3 conspicuous places in the cemetery which is owned or operated by the owner, governing board, or other officials and by mailing a copy of the notice by registered mail to the last known owner of the lot, and a notice of the hearing shall be published once each week for 3 successive weeks in some newspaper of general circulation in said county, the first publication being made not less than 30 days before the date of hearing.
(2) The notice shall identify the lot and shall state:
(A) The name and address of the last known owner of the lot.
(B) That a hearing will be held to determine whether or not the present owner of the lot shall have his right and interest therein terminated, and forfeited by a declaration of abandonment of the lot.
(C) The time and place of the hearing.
(f) In the event that upon the hearing the court determines from the evidence presented that the present owner of the lot is unknown, that the board, or other officials, has made a diligent search to locate the present owner, that a period of 75 years or more has passed since any portion of the lot has been used for human interment, and that a core or sound test has been conducted to de termine that the lot contains no remains, then a decree shall be en tered adjudicating such lot, lots or parts thereof, to have been abandoned, and further ordering the subsequent termination and forfeiture of all rights and interests of such owner therein.
(g) The court shall dismiss the proceeding if it determines any of the following from the evidence which is presented:
(1) That any of the material facts stated in the petition are not true.
(2) The identity of the present owner of the lot is known.
(3) That the owner, governing board, or other official has not made a diligent search to locate the present owner.

(h) (1) Upon order of the court declaring the lot to be aban doned, the full title to such lot shall revert to the cemetery.

(2) The order of the court shall not become final until one year after the date on which it is entered. During that time, any person

FRIDAY, FEBRUARY 11, 1977

717

may petition the court to reopen the proceeding and the court, after notice to the board, or other officials, may reopen the proceeding and may hear and consider any additional evidence regarding the ownership of the lot, and may modify or amend the order which it made or, if the court makes any of the determinations mentioned by subsection (g), it shall dismiss the proceeding.

(1) (1) The cemetery owner, governing board, or other official shall, within 30 days after the date on which the court order is entered, publish notice of the order once in a newspaper of general circulation in the county in which the cemetery is located and by mailing a copy of the order by registered mail to the last known owner of the lot, or to the last owner of the right of interment in the lot.

(2) The notice which is mailed and published shall identify the lot which is covered by the order and shall state:

(A) The name and address of the last known owner of the lot.

(B) That the court has ordered that the lot is to be declared abandoned and that the court has further ordered that the rights and interests of such owner therein are to be subsequently termi nated and forfeited.

(C) The date upon which the order of the court will become final.

(j) The lot shall be deemed abandoned and the rights and in terest of the present owner therein shall be terminated and forfeited as of the date upon which the order of the court becomes final. There after, the cemetery shall be the owner of the lot and may resell or otherwise recover it.

(k) The proceeds derived from any sale of a lot ownership of which is obtained as provided in this Section shall be used to re imburse the petitioner for the costs of suit and necessary expenses, including attorney's fees, incurred by petitioner in the proceedings and the balance, if any, shall be used by the owner, governing board or other officials of the cemetery for the maintenance, care and improvement of its cemetery and for no other purposes."

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

Senator Evans of the 37th offered the following amendment:
Amend the committee substitute to SB 87 by adding a new sub section at the end of Code Section 85-420 in Section 1 thereof to be designated subsection (1), to read as follows:
"(1) In no event shall any existing monument, retaining wall,

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JOURNAL OF THE SENATE,

fence, bench or other ornamentation be altered or removed by peti tioner, or his agent or employee, or by any subsequent owner of a lot reclaimed and sold as provided herein."

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

Senator Evans of the 37th offered the following amendment: Amend the committee substitute to SB 87 by inserting on line 18 on
Page 1, after the word, "cemetery", the following: "owned by a county, municipality, or consolidated government".

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.
Senator Evans of the 37th offered the following amendment:
Amend the committee substitute to SB 87 by inserting on line 19 on Page 1, after the word, "remains", the following:
"and for which no provision for perpetual care was made at the time the lot was sold or at any time subsequent to the time the lot was sold".

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.
Senator Evans of the 37th offered the following amendment:
Amend the committee substitute to SB 87 by striking on line 30 on Page 2, the numeral,
"60",
and substituting in lieu thereof the numeral, "90".

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment was adopted.
Senator Evans of the 37th offered the following amendment:
Amend the committee substitute to SB 87 by striking everything

FRIDAY, FEBRUARY 11, 1977

719

on lines 17, 18, 19, 20, 21, 22, and 23 on Page 5 and substituting in lieu thereof, the following:

"Section shall be used as follows:

(1) First, to reimburse the petitioner for the costs of suit and necessary expenses, including attorney's fees, incurred by the peti tioner in the proceeding.

(2) Then, of the remainder of the proceeds:

(A) Not less than 75% shall be held in trust and shall be used only for expenses of administration, maintenance, restoration, pres ervation, and other improvements of the cemetery; and

(B) Any amounts remaining thereafter shall be used for im mediate improvements and maintenance of the cemetery."

On the adoption of the amendment, the yeas were 40, nays 0, and the amend ment was adopted.

Senator Evans of the 37th offered the following amendment:
Amend the committee substitute to SB 87 by deleting on Page 2, line 8, the words "the lot" and inserting in their place the following:
"that portion of the lot to be reclaimed", and
by deleting on Page 2, line 11, the words "the lot" and inserting in their place the words, "that portion".

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment 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 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:

Allgood Ballard Banks Barnes

Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 31st

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JOURNAL OP THE SENATE,

Doss Duncan Eldridge English Evans Fincher Poster Gillis Greene Hill Holloway Howard Hudgins

Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell

Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Barker Dean of 6th

Hudson Summers

Wessels

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 Barnes of the 33rd introduced the doctor of the day, Dr. E. Anthony Musarra, of Marietta, Georgia.

Senator Evans of the 37th introduced the Honorable Maynard Jackson, Mayor of the City of Atlanta, who addressed the Senate.

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

SB 98. By Senators Reynolds of the 48th and Barnes of the 33rd:
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"; to provide an effective date.

The following fiscal note, as required by law, was read by the Secretary:

MEMORANDUM

TO: FROM: DATE:

The Honorable Howard T. Overby, Chairman Senate Judiciary Committee
William M. Nixon, State Auditor Richard B. Cobb, Deputy Director, Office of Planning and Budget
February 8,1977

FRIDAY, FEBRUARY 11, 1977

721

SUBJECT: Fiscal Note--Senate Bill 98 Peace Officers' Annuity and Benefit Fund

This Bill provides that those persons employed by the Department of Transportation as enforcement officers be allowed to become mem bers of the Peace Officers' Annuity and Benefit Fund.

Under the provisions of this Bill approximately 42 enforcement officers could become members of the Fund at their discretion. The ad mission of these officers would have minimal fiscal impact and would not affect the actuarial soundness of the Fund since the Fund was created to accept more members than are currently participating. The total revenues in Fiscal Year 1976 was $4.9 million while disbursements were $2.6 million for the same period.

/s/ William M. Nixon State Auditor

/s/ Richard B. Cobb Deputy Director, Office of Planning and Budget

Senator Coverdell of the 40th moved to commit SB 98 to the Committee on Retirement.

Senator Reynolds of the 48th moved the previous question.

Senator Coverdell of the 40th moved to table SB 98.

The President ruled that the motion to table takes precedence.

On the motion to table, the yeas were 2, nays 29; the motion was lost, and SB 98 was not tabled.

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:

Allgood Ballard Banks Barker

Barnes Bell Bond Brantley

Brown of 47th Carter Dean of 31st Doss

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JOURNAL OP THE SENATE,

Duncan Eldridge English Evans Fincher Foster Gillis Greene Holloway Howard Hudson Johnson Kennedy

Kidd
Lester McGill Overby Paulk Pearce Reynolds Riley Russell Scott Shapard Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Coverdell.

Those not voting were Senators:

Broun of 46th Dean of 6th

Hill Hudgins

Langford Robinson

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Reynolds of the 48th moved that SB 98 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 1; the motion prevailed, and SB was immediately transmitted to the House.
SB 101. By Senators Summers of the 53rd, Lester of the 23rd and Tate of the 38th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change certain provisions relative to interest; to change the provisions relative to local retirement systems.

The following fiscal notes, as required by law, were read by the Secretary:

MEMORANDUM

TO:

The Honorable E. G. Summers, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, Jr., State Auditor Richard B. Cobb, Deputy Director, Office of Planning and Budget

DATE: January 19, 1977

FRIDAY, FEBRUARY 11, 1977

723

SUBJECT: Fiscal Note--Senate Bill 101 Teachers' Retirement System

Please find attached a memorandum from Mr. Wesley H. Rucker, Executive Secretary-Treasurer of the Teachers' Retirement System. We feel it is self-explanatory, and it concurs with our own analysis.

/a/ William M. Nixon, Jr. State Auditor

/s/ Richard B. Cobb Deputy Director, Office of Planning and Budget

January 18, 1977

MEMORANDUM

TO:

Mr. William M. Nixon

State Auditor

FROM: Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: Senate Bill 101

This bill would change the present wording in the Teachers Retire ment Act on the rate of interest that could be charged on additional payments made to the Teachers Retirement System by members estab lishing credit for forfeited service, service rendered in other states, or some other additional service. The bill would remove the present rate of three and one-half percent and add the words "applicable accrued regu lar" so that the retirement system could charge whatever rate was in effect at the time the payments were made. On July 1, 1975, the interest rate on additional payments was changed from three and one-half per cent to four and one-half 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 on these payments for additional service.

January 13, 1977
Honorable E. G. Summers, Chairman Senate Retirement Committee Room 122-E, State Capitol Atlanta, Georgia 30334
Dear Senator Summers:
Since writing you on December 15, 1976 regarding the cost to the State and local boards of education to finance Senate Bill 101 at a 1%

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JOURNAL OF THE SENATE,

or 3% level, we found that the State's portion for FY 1978 should be somewhat higher than the amounts that I quoted in my letter and the local portion would be a little lower.

Senator, I am listing the correct amounts below for your information:

1% Cost-of-Living Increase under Senate Bill 101
3% Cost-of-Living Increase under Senate Bill 101

Fiscal Year 1978

State

Local

$2,944,135

$1,188,565

$8,832,335

$3,565,665

There is no change in the total cost of the 1% or the 3% increase under Senate Bill 101--the total of the State and Local cost for FY 1978 of a 1% increase would still be $4,132,700 and the 3% would be approxi mately $12.398,000.

Mr. Summers, I stated in my letter that I understood that Ben Barron Ross was to introduce a bill which would allow us to recalculate the retirement benefit checks of retired members who retired before the formula was increased to 1.76% and later to 1.78%.. I learned today, however, that Ebb Duncan, Hugh Carter and Render Hill have authored a bill, Senate Bill 23, which will accomplish this.
Sincerely,
Wesley H. Rucker Executive Secretary-Treasurer
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:

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

Doss Eldridge English Evans Fincher Foster Greene Holloway Howard Hudson Johnson Kennedy Kidd

Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard Starr Stumbaugh

FRIDAY, FEBRUARY 11, 1977

725

Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger

Walker Wessels

Those not voting were Senators:

Dean of 6th Duncan Gillis

Hill Hudgins Langford

Stephens

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 213. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to provide that the State of Georgia shall be a party to the "Com pact for Education"; to declare the purpose and policy of said Compact; to provide for the designation and appointment of the Georgia members of the Education Commission of the States; to provide for the establish ment of the Georgia Education Council; to provide the procedures con nected with 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell
Dean of 6th
Doss
Eldridge
English
Evans

Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd
Lester
McGill
Overby
Paulk
Pearce
Reynolds

Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Timmons
Traylor
Turner
Tysinger
Walker
Wessels

Voting in the negative was Senator Thompson.

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Dean of 31st Duncan

Hill Langford

Stephens

On the passage of the bill, the yeas were 50, nays 1.

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

SB 214. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to define certain terms; to authorize the State Board of Education to establish criteria, policies, and standards for demonstration of Education to designate certain local school systems as demonstration systems.

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:

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

Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Not voting were Senators Duncan and Hill.

On the passage of the bill, the yeas were 54, nays 0.

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

Senator Robinson of the 27th moved that the following bill of the House be

FRIDAY, FEBRUARY 11, 1977

727

withdrawn from the Committee on Consumer Affairs and committed to the Com mittee on County and Urban Affairs:

HB 144. By Representatives Lucas of the 102nd and Randall of the 101st:
A bill to provide that in all counties of this State having a population of not less than 100,000 and not more than 150,000, and in certain munic ipal corporations located within such counties, wherein the sale of alco holic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be autho rized during certain hours.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 144 was withdrawn from the Committee on Consumer Affairs and committed to the Committee on County and Urban 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 215. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to be known as the "Adequate Program for Education in Georgia Act", as amended, so as to provide a basis for allocation of funds needed for compensatory education expenses to local units of administration; to provide authorization for expenditure of compensatory education funds; 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:

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

Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Barker

Duncan English

Hudgins Russell

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 216. By Senators Starr of the 44th, Carter of the 14th, Langford of the 51st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change certain provisions con cerning the allocation of administrative and supervisory personnel; to provide an effective date.
The Senate Committee on Education offered the following amendment:

Amend SB 216 by adding on Page 3, line 7, after the word "units" the following:
"or major faction thereof".
On the adoption of the amendment, the yeas were 40, 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:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson
Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons
Traylor Turner Tysinger Walker Wessels

FRIDAY, FEBRUARY 11, 1977

729

Those not voting were Senators:

Evans

Hudgins

Russell

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

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

SR 65. By Senator Carter of the 14th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the State Board of Education to establish and maintain a curriculum labo ratory and to retain the revenues produced therefrom for the purposes of such curriculum laboratory; 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 II of the Constitution is hereby amended by adding at the end thereof a new Paragraph II, to read as follows:
"Paragraph II. Curriculum Laboratory Authorized. The State Board of Education is hereby authorized to establish and maintain a curriculum laboratory whereby student and teacher curriculum prod ucts may be produced on behalf of the public schools of this State. The State Board of Education shall be authorized to charge public school systems of this State reasonable fees for such student and teacher curriculum products and to retain the revenues thus pro duced for the purposes of such curriculum laboratory. Nothing herein shall be construed to require public school systems of this State to purchase or utilize curriculum products of the State Board of Edu cation. The provisions of this Paragraph shall be self-executing and the authority herein provided may be exercised by the State Board of Education without the necessity of legislative action by the Gen eral Assembly, but the General Assembly shall be authorized to provide by law for such procedures and requirements as it may deem necessary or desirable in connection with the exercise of the author ity herein granted to the State Board of Education."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
" ( ) YES Shall the Constitution be amended so as to autho rize the State Board of Education to establish

730

JOURNAL OF THE SENATE,

( ) NO and maintain a curriculum laboratory and to re tain the revenues produced therefrom for the pur poses of such curriculum laboratory?"

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:

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

Evans Fincher Foster Gillis Greene Holloway
Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Those not voting were Senators:

Bond Hill

Hudgins Hudson

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Russell

On the adoption of the resolution, the yeas were 51, nays 0.

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

Senator Johnson of the 3'4th, Chairman of the Committee on Enrolling and Journals, submitted the following report:

FRIDAY, FEBRUARY 11, 1977

731

Mr. President:

Your Committee on Enrolling and Journals has read and examined the fol lowing 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 35.
Respectfully submitted,

I si Edward H. Johnson, Chairman Senator, District 34

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

At 12:45 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday.

732

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Monday, February 14, 1977

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

Senator Johnson of the 34th 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 291. By Representatives Toles of the 16th and Greer of the 43rd:
A bill to exempt from ad valorem taxation the property of nonprofit homes for the aged used in connection with their operation, provided that such homes for the aged have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are qualified as exempt organizations under the U. S. Internal Revenue Code of 1954.
HB 33'2. By Representatives Buck of the 95th, Coleman of the 118th and Colwell of the 4th:
A bill to amend an Act creating the "Sheriff's Retirement Fund of Georgia", approved April 16, 1963, as amended, so as to remove the requirement that members of the Board of Commissioners of the Sheriff's Retirement Fund of Georgia furnish a surety bond.
HB 359. By Representatives Pilewicz of the 41st, Games of the 43rd, Irvin of the 115th and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" approved January 11, 1954, as amended, so as to change the provisions relative to when lighted lamps are required.
HB 566. By Representatives Reaves of the 147th, Keyton of the 143rd and others:
A bill to amend the Structural Pest Control Act, as amended, so as to change, add, remove and redesignate certain definitions; to strike refer ences to certain applicators.

MONDAY, FEBRUARY 14, 1977

733

HB 597. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to clarify and define the function of the Georgia Peace Officer Standards and Training Council relative to peace officer training.

HB 657. By Representatives Hawkins of the 50th, Marcus of the 26th, Childs of the 51st and others:
A bill to amend Code Section 34A-1012 relating to sample ballots and ballot labels, so as to require the superintendents in certain municipal ities to prepare sample or facsimile ballot labels; to provide the pro cedures connected therewith.

HB 658. By Representatives Hawkins of the 50th, Marcus of the 26th, Childs of the 51st and others:
A bill to amend Code Section 34-1301, relating to the securing of election supplies, so as to require the superintendents in certain counties to prepare sample or facsimile ballot labels; to provide the procedures connected therewith.

HB 643. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend Code Section 92-233, relating to the meaning of the term "homestead" for purposes of provisions relating to homestead exemption from taxation, as amended, so as to include within the meaning thereof certain real property, held subject to a lease for a certain period of time and located in counties having a population of not less than 10,450 and not more than 10,650 according to the U.S. Decennial Census of 1970 or any future such census.

HB 728. By Representatives Carlisle and Mostiler of the 71st, and Lee, Johnson, Benefield and Wood of the 72nd:
A bill to create and establish a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 699. By Representatives Greene and Stone of the 138th:
A bill to abolish and reestablish boards of hospital authorities in each county of this State having a population of not less than 17,830 and not more than 18,080, according to the U.S. Decennial Census of 1970 or any future such census.

HB 700. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to provide that sessions of the Juvenile Court of Houston County shall be held at such places throughout Houston County as the court from time to time shall determine; to provide an effective date.

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JOURNAL OF THE SENATE,

HB 701. By Representatives Lord of the 105th and Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, so as to provide for the appointment of a secretary and the furnishing of office space and equipment therefor, and the compensation thereof.

HB 711. By Representative Collins of the 144th:
A bill to provide a new charter for the City of Pelham; to provide for the government, powers, duties, responsibilities and obligations of said city; to provide for all matters related thereto.

HB 712. By Representatives Johnson 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 remove the provisions relating to mileage allowances.

HB 713. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act creating the office of Commissioner of Carroll County, as amended, so as to change the provisions relating to the com pensation and allowances of the Commissioner.

HB 714. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County on an annual salary, so as to change the compensation of the Clerk of the Superior Court.

HB 717. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commis sioner of Marion County, as amended, so as to change the compensation of the Tax Commissioner.

HB 718. By Representatives Mann, Clark and Milford of the 13th:
A bill to create and establish a Small Claims Court in and for Elbert 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 720. By Representative Walker of the 115th:
A bill to amend an Act to provide for the election of the Board of Com missioners of Schley County, as amended, so as to stagger the terms of the members of the said Board of Commissioners.

MONDAY, FEBRUARY 14, 1977

735

HB 721. By Representative Walker of the 115th:
A bill to stagger the terms of office of members of the Board of Educa tion of Schley County; to provide for the practices and procedures in connection with the foregoing; to specify the sections from which the two members elected from the Ellaville Militia District shall be elected.

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

HR 173. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Houston County by the Board of Education of Houston County; to pro vide for the submission of this amendment for ratification or rejection.

HR 174. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to pro vide for a seven-member Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejec tion.

HR 178. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Whitesburg in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Whitesburg ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.

HR 179. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Carrollton ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.

HR 180. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Temple in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Temple ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.

HR 181. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Villa Rica in an

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JOURNAL OP THE SENATE,

amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Villa Rica ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.

HR 184. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption for residents of the Town of Roopville in an amount to be fixed by the governing authority of the town at not more than $2,000.00 from all Town of Roopville ad valorem taxes.

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

HB 626. By Representatives Adams of the 36th, Rainey of the 135th, Peters of the 2nd, Rush of the 121st and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" approved April 19,1973, as amended, so as to provide certain definitions; to specify the manner of display of numbers and decals.

SB 11. By Senators Turner of the 8th, Sutton of the 9th and Russell of the 10th:
A bill to fix the terms of the superior courts of the Southern Judicial Circuit in the counties comprising said circuit; to provide an effective date; to repeal conflicting laws.

The House has adopted the following resolutions of the House:
HR 210. By Representatives Wood of the 9th, Hays of the 1st, Wall of the 61st and others: A resolution urging the State Personnel Board and the Commissioner of State Personnel Administration to rescind their action relating to vet erans preference.
HR 213. By Representatives Bray of the 70th, Whitmire of the 9th, Russell of the 64th and others: A resolution urging the State Personnel Board and the State Commismissioner of Personnel Administration to continue the study of employee job classifications.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 278. 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

MONDAY, FEBRUARY 14, 1977

737

execute a contract or contracts relative to the providing of administrative services in connection with a self-insured health insurance plan for State employees.
Referred to Committee on Banking, Finance and Insurance.

SB 279. By Senator Kidd of the 25th:
A bill to permit the purchase of liability insurance or contracts of in demnity or the formulation of sound programs of self-insurance by State and local agencies; to permit the Commissioner of the Department of Administrative Services to purchase liability insurance or contracts of indemnity on behalf of the State and local agencies or to formulate a pro gram of self-insurance for such agencies.
Referred to Committee on Banking, Finance and Insurance.

SB 280. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-25, relating to the treatment of the mentally retarded, as amended, so as to provide consent for treatment and surgery in the event of a medical emergency; to provide that this Act shall not repeal other laws. Referred to Committee on Human Resources.

SB 281. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-4, relating to the treatment of alco holic or drug dependent individuals, so as to provide consent for treat ment and surgery in the event of a medical emergency; to provide that this Act shall not repeal other laws. Referred to Committee on Human Resources.

SB 282. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-5, relating to the care and treatment of the mentally ill, as amended, so as to provide for consent for treat ment and surgery in the event of a medical emergency. Referred to Committee on Human Resources.

SB 283. By Senator Kidd of the 25th:
A bill to change the fee of the coroner of any county of this State 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 future such census, for summoning an inquest on a dead body and returning an inquisition. Referred to Committee on County and Urban Affairs.

SB 284. By Senators Wessels of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to provide that any person otherwise authorized to sell malt bever ages, wine or alcoholic beverages by the drink under the laws of this

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State and the applicable ordinances of the municipal corporation of this State having a population of not less than 1,600 and not more than 2,700, which are located in counties having populations of not less than 170,000 and not more than 190,000 shall be authorized to sell and serve malt beverages, wine and alcoholic beverages on Sunday in such cities under certain conditions.
Referred to Committee on Consumer Affairs.

SB 285. By Senator Langford of the 51st:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Gordon Judicial Circuit, to be composed of the County of Gordon; to provide for a judge of the superior court and a district attor ney for said circuit. Referred to Committee on Judiciary.

SB 286. By Senator Traylor of the 3rd:
A bill to regulate consumer debt collection practies; to provide a short title; to provide definitions; to prohibit certain practices; to provide criminal penalties; to provide civil remedies; to provide for the continu ation of other remedies. Referred to Committee on Consumer Affairs.

SB 287. By Senators Lester of the 23rd, Kidd of the 25th and Riley of the 1st:
A bill to amend Code Chapter 88-24, relating to rights of certain State employees, as amended, so as to provide compensation to employees of the Georgia Department of Human Resources for certain personal prop erty losses sustained through patient action. Referred to Committee on Human Resources.

SB 288. By Senators Broun of the 46th and Doss of the 52nd:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to provide for a limitation on puni tive damages in cases in which an insurer fails or refuses to pay a person the benefits which such person is entitled to within the required time period. Referred to Committee on Banking, Finance and Insurance.

SB 289. By Senators Broun of the 46th and Doss of the 52nd: A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to change the provisions relating to subrogation.
Referred to Committee on Banking, Finance and Insurance.
SB 290. By Senator Stumbaugh of the 55th:
A bill to provide for a board of Registrations and Elections in certain

MONDAY, FEBRUARY 14, 1977

739

counties; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members.
Referred to Committee on County and Urban Affairs.

SB 291. By Senator Holloway of the 12th:
A bill to amend Code Chapter 29-1, relating to conveyances of title, as amended, so as to provide for the modification or release of certain covenants and restrictions respecting use of lands within subdivisions; to define certain terms. Referred to Committee on Judiciary.

SR 90. By Senators Greene of the 26th, Robinson of the 27th, Overby of the 49th and others:
A resolution urging the Georgia delegation to the United States Congress to assist in the efforts to obtain passenger service to Macon, Georgia. Referred to Committee on Transportation.

SR 91. By Senators Tysinger of the 41st, Ballard of the 45th, Scott of the 43rd and others:
A resolution urging the Congress of the United States to reconsider its actions increasing the unemployment tax, under the F.U.T.A. (Federal Unemployment Tax Act), being placed on Georgia employers. Referred to Committee on Industry, Labor and Tourism.

SR 92. By Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th:
A resolution creating the Mental Disability Laws Study Committee. Referred to Committe on Human Resources.

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

HB 643. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend Code Section 92-233, relating to the meaning of the term "homestead" for purposes of provisions relating to homestead exemption from taxation, as amended, so as to include within the meaning thereof certain real property held subject to a lease for a certain period of time and located in counties having a population of not less than 10,450 and not more than 10,650 according to the U.S. Decennial Census of 1970 or any future such census. Referred to Committee on County and Urban Affairs.
HB 699. By Representatives Greene and Stone of the 138th:
A bill to abolish and reestablish boards of hospital authorities in each county of this State having a population of not less than 17,830 and not

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more than 18,080 according to the U.S. Decennial Census of 1970 or any future such census.
Referred to Committee on County and Urban Affairs.

HB 700. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to provide that sessions of the Juvenile Court of Houston County shall be held at such places throughout Houston County as the court from time to time shall determine; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 701. By Representatives Lord of the 105th and Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, so as to provide for the appointment of a secretary and the furnishing of office space and equipment therefor, and the compensation thereof. Referred to Committee on County and Urban Affairs.

HB 711. By Representative Collins of the 144th:
A bill to provide a new charter for the City of Pelham; to provide for the government, powers, duties, responsibilities and obligations of said city; to provide for all matters related thereto. Referred to Committee on County and Urban Affairs.

HB 712. By Representatives Johnson 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 remove the provisions relating to mileage allowances. Referred to Committee on County and Urban Affairs.
HB 713. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act creating the office of Commissioner of Carroll County, as amended, so as to change the provisions relating to the com pensation and allowances of the Commissioner. Referred to Committee on County and Urban Affairs.
HB 714. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County on an annual salary, so as to change the compensation of the Clerk of the Superior Court. Referred to Committee on County and Urban Affairs.
HB 717. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commissioner

MONDAY, FEBRUARY 14, 1977

741

of Marion County, as amended, so as to change the compensation of the Tax Commissioner.
Referred to Committee on County and Urban Affairs.

HB 718. By Representatives Mann, Clark and Milford of the 13th:
A bill to create and establish a Small Claims Court in and for Elbert County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, compensation, qualifications, substitutions and tenure of the office of the judge of said court.
Referred to Committee on County and Urban Affairs.

HB 720. By Representative Walker of the 115th:
A bill to amend an Act to provide for the election of the Board of Com missioners of Schley County, as amended, so as to stagger the terms of the members of the said Board of Commissioners. Referred to Committee on County and Urban Affairs.

HB 721. By Representative Walker of the 115th:
A bill to stagger the terms of office of members of the Board of Edu cation of Schley County; to provide for the practices and procedures in connection with the foregoing; to specify the sections from which the two members elected from the Ellaville Militia District shall be elected. Referred to Committee on County and Urban Affairs.

HB 728. By Representatives Carlisle and Mostiler of the 71st, and Lee, Johnson, Benefield and Wood of the 72nd:
A bill to create and establish a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette 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 291. By Representatives Toles of the 16th and Greer of the 43rd:
A bill to exempt from ad valorem taxation the property of nonprofit homes for the aged used in connection with their operation, provided that such homes for the aged have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are qualified as exempt organizations under the U.S. Internal Rev enue Code of 1954.
Referred to Committee on Banking, Finance and Insurance.

HB 332. By Representatives Buck of the 95th, Coleman of the 118th and Colwell of the 4th:
A bill to amend an Act creating the "Sheriffs' Retirement Fund of Geor gia", approved April 16, 1963, as amended, so as to remove the require-

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JOURNAL OF THE SENATE,

ment that members of the Board of Commissioners of the Sheriffs' Re tirement Fund of Georgia furnish a surety bond.
Referred to Committee on Retirement.

HB 359. By Representatives Pilewicz of the 41st, Carnes of the 43rd, Irvin of the 23rd, and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" approved January 11, 1954, as amended, so as to change the provisions relative to when lighted lamps are required. Referred to Committee on Transportation.
HB 566. By Representatives Reaves of the 147th, Keyton of the 143rd, Long of the 142nd and others:
A bill to amend the Structural Pest Control Act, as amended, so as to change, add, remove and redesignate certain definitions; to strike refer ences to certain applicators. Referred to Committee on Agriculture.
HB 597. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th, and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the registration of exempt peace officers; to provide for the continuation of such exemption. Referred to Committee on Judiciary.
HB 626. By Representatives Adams of the 36th, Rainey of the 135th, Peters of the 2nd, and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" ap proved April 19, 1973, as amended, so as to provide certain definitions; to specify the manner of display of numbers and decals. Referred to Committee on Natural Resources and Environmental Quality.
HB 657. By Representatives Hawkins of the 50th, Marcus of the 26th, Childs of the 51st and others:
A bill to amend Code Section 34A-1012 relating to sample ballots and ballot labels, so as to require the superintendents in certain municipali ties to prepare sample or facsimile ballot labels; to provide the pro cedures connected therewith. Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 658. By Representatives Hawkins of the 50th, Marcus of the 26th, Childs of the 51st and others:
A bill to amend Code Section 34-1301, relating to the securing of election supplies, so as to require the superintendents in certain counties to pre-

MONDAY, FEBRUARY 14, 1977

743

pare sample or facsimile ballot labels; to provide the procedures con nected therewith.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 173. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Hous ton County by the Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 174. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to pro vide for a seven-member Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejec tion. Referred to Committee on County and Urban Affairs.

HR 178. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Whitesburg in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Whitesburg ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 179. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Carrollton ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 180. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Temple in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Temple ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

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HE 181. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Villa Rica in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Villa Rica ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 184. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the Town of Roopville in an amount to be fixed by the governing authority of the town at not more than $2,000.00 from all Town of Roopville ad valorem taxes. Referred to Committee on County and Urban Affairs.

HR 210. By Representatives Wood of the 9th, Hays of the 1st, and Wall of the 61st and others:
A resolution urging the State Personnel Board and the Commissioner of State Personnel Administration to rescind their action relating to vet erans preference. Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 213. By Representatives Bray of the 70th, Whitmire of the 9th, Russell of the 64th:
A resolution urging the State Personnel Board and the State Commis sioner of Personnel Administration to continue the sutdy of employee job classifications. Referred to Committee on Economy, Reorganization and Efficiency in Government.

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

Senator Sutton of the 9th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 275. Do pass. HB 159. Do pass.

MONDAY, FEBRUARY 14, 1977

745

HB 493. Do pass. HB 609. Do pass. HB 621. Do pass. HB 622. Do pass. HR 51. Do pass. HB 8. Do pass. HR 10. Do pass.

Respectfully submitted, Senator Button of the 9th District, Chairman

Senator Sutton of the 9th 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 473. Do not pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman

Senator Howard of the 42nd 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 268. Do pass as amended.
Respectfully submitted, Senator Howard of the 42nd 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

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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 255. Do pass. HB 210. Do pass. HB 345. Do pass. HB 349. Do pass. HB 350. 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:

SR 71. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A resolution calling for an investigation of bingo operations in Georgia.

SB 79. By Senator Hudgins of the 15th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, as amended, so as to provide that it shall be unlawful for any person to use trapping devices commonly known as "steel traps", "steel jaw traps" or "leg-hold traps" for the purpose of capturing animals except under certain circumstances.

HB 48. By Representatives Wall of the 61st and Harris of the 60th:
A bill to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, as amended, so as to require day care personnel to make reports of suspected child abuse.

HB 55. By Representatives Long of the 142nd, Patten of the 149th, Collins of the 144th and others:
A bill to amend an Act regulating the sales, operations, practices and procedures of grain dealers, so as to exempt from the licensing and bonding provisions contained therein those grain dealers already in compliance with the licensing and bonding requirements of the Georgia State Warehouse Act, as amended.
HB 59. By Representatives Marcus of the 26th, Hudson of the 137th and Parham of the 109th:
A bill to amend Code Section 88-304, relative to hearings in connection with administrative procedure under the "Georgia Health Code", so as

MONDAY, FEBRUARY 14, 1977

747

to provide that a county board of health is authorized to direct its di rector, or the director's appointee, to conduct certain hearings and to vest such with certain necessary powers, ancillary to that function.

HB 130. By Representatives Butler, Johnston and Tolbert of the 56th and others:
A bill to amend Code Section 24-1601, relating to fees for justices of the peace, so as to provide a fee for applications for arrest and search war rants ; to repeal the fees provided for issuing arrest and search warrants.

HB 143. By Representatives Butler, Johnston and Tolbert of the 56th and others:
A bill to amend an Act providing for the manner in which justices of the peace and notaries public ex officio justices of the peace shall be com pensated in criminal cases, so as to provide for compensation in criminal cases where application has been made for the issuance of an arrest or search warrant.

HB 212. By Representatives Mann, Clark, and Milford of the 13th, Veazey of the 146th and others:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to require hospitals and re lated institutions to submit written reports of certain personnel actions to the Composite State Board of Medical Examiners.

HB 293. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the "Georgia Water Quality Control Act", approved March 11, 1964, as amended, so as to amend the policy declared; to require the establishment or revision of permissible limits of surface water usage.

HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games.

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 111. By Senator Stephens of the 36th:
A bill to abolish the position of Special Assistant to the Solicitor General of the Criminal Court of Fulton County, now the State Court of Fulton County; to provide that the number of Assistant Solicitors of the Criminal Court of Fulton County, now the State Court of Fulton County, be increased to a total of nine.

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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 49, nays 0.

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

HB 271. By Representatives Coleman of the 118th and Rowland of the 119th:
A bill to provide a new Charter for the City of Dudley, Georgia, in the County of Laurens; 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.

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 525. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967, so as to change the jurisdiction of said court; to change the method of appointment of the judge; to change the fees charged in said court; to provide for additional 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 49, nays 0.

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

HB 539. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act placing certain of the county officers of Morgan County on an annual salary, so as to change the provisions thereof rela tive to the compensation of the assistants of the Clerk of the Superior Court of Morgan County.

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

MONDAY, FEBRUARY 14, 1977

749

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

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

HB 555. By Representative Rowland of the 119th:
A bill to amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees 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 49, nays 0.

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

HB 556. By Representative Rowland of the 119th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County so as to change the compensation of the tax commis sioner.

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

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

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

HB 557. By Representative Rowland of the 119th:
A bill to amend an Act creating the State Court of Laurens County so as to change the provisions relative to the compensation of the judge and solicitor.

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

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

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

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HB 560. By Representative Bray of the 70th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Talbot County, known as the fee system; to provide in lieu thereof an annual salary.

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 561. By Representative Bray of the 70th: A bill to amend an Act incorporating the City of Warm Springs, ap proved December 20, 1893, as amended, so as to change the compensa tion of the Mayor and Council.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 563. By Representative Sizemore of the 136th: A bill to amend an Act establishing a State Court of Worth County so as to change the salary of the judge and the solicitor of said court.

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

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

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

HB 569. 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, as amended, so as to increase the compensation of the Judge of the Probate Court of Upson County.

MONDAY, FEBRUARY 14, 1977

751

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 570. By Representative Adams of the 79th:
A bill to amend an Act providing for the compensation of the Sheriff of Upson County and providing for said salary to be in lieu of the fee system of compensation, so as to increase the annual salary of the Sheriff of Upson 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 49, nays 0.

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

HB 573. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to create the Albany-Dougherty Inner City Authority; to establish said Authority as a public body corporate and politic and as an instru mentality of the State of Georgia; to provide for the membership of the Authority and the terms of its members.

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

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

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

HB 577. By Representative Ham of the 80th:
A bill to amend an Act to abolish the present method of compensating the Sheriff of Monroe County so as to provide for a budget for the sheriff; to provide for arbitration concerning budget disputes.

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 547. By Representatives Foster and Wheeler of the 152nd, and Stone and Greene of the 138th:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court, the Tax Commissioner, the Chairman of the Board of Commissioners, and the members of the Board of Commissioners of Brantley County.

The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 547 as follows:
By striking from the title, beginning on line 3 of Page 1, the fol lowing:
"the Tax Commissioner, the Chairman of the Board of Commis sioners, and the members of the Board of Commissioners of Brantley County;",
and inserting in lieu thereof the following:
"and the Tax Commissioner;", and
By striking in its entirety Section 1, beginning on line 11 of Page 1, which reads as follows:
"Section 1. The Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court, the Tax Commissioner, and the Chair man of the Board of Commissioners of Brantley County shall each receive a cost-of-living increase in compensation of $100.00 per month in addition to their present salaries and expenses. The mem bers of the Board of Commissioners of Brantley County, other than the Chairman of the board, shall each receive a cost-of-living in crease in compensation of $10.00 per month in addition to their present salaries and expenses. The cost-of-living increase in com pensation shall be paid out of the general funds of Brantley County.",
and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court, and the Tax Commissioner of Brantley County shall each receive a cost-of-living increase in compensation of $100.00 per month in addition to their present salaries and ex penses. The cost-of-living increase in compensation shall be paid out of the general funds of Brantley County."

MONDAY, FEBRUARY 14, 1977

753

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.

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

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

Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds Riley Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not answering were Senators Pearce and Robinson.

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

SENATE RULES CALENDAR Monday, February 14, 1977
SB 25. Public School Teachers--accumulate unused sick leave SB 29. School Teachers--jury leave (SUB) SB 91. State Meetings Open to Public--notice of time and place (SUB) SB 102. Teachers' Ret.--retirement with less than 10 years service SB 134. Emergency Telephone Number System--provide (SUB)

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SB 145. Code on District Attorneys--revise (AM) SB 193. Advertisement of Drugs, Devices, Cosmetics--provide SB 197. Highway Traffic Act Violations--jurisdiction certain courts to try SB 224. Lobbyists--disclosure of certain actions (AM) SB 235. Rape Conviction--unsupported testimony of female SB 242. Code of Public Transportation--redefine "self-liquidating" SB 245. Transportation Department--offer rail service continuation
payments SB 246. Non-Profit Contractor--requirements, those contracting with State
Agency (AM) HB 185. Nonauction Tobacco Dealer's License--conditions HB 583. Civil Defense Act--define certain terms (SUB)

Respectfully submitted,
I si Frank Eldridge, Jr. Eldridge of the 7th, 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 25. 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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

English Evans Foster Gillis Greene Hill Holloway Howard

MONDAY, FEBRUARY 14, 1977

755

Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds Riley Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan Pincher

Pearce

Robinson

On the passage of the bill, the yeas were 52, nays 0.

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

SB 29. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others:
A bill to provide jury leave for persons employed as teachers in the public schools of this State; to provide for payment of compensation during any period of such leave.

The Senate Committee on Education offered the following substitute to SB 29:
A BILL
To be entitled an Act to provide jury leave for persons employed as teachers in the public schools of this State; to provide for payment of compensation during any period of such leave; to provide for all 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. Jury leave. Each person employed as a teacher in any public school of this State shall be allowed a leave of absence without loss of pay, and without deduction of any amounts otherwise received as compensation for service as teacher, for the purpose of attending upon any court as a juror. No teacher utilizing jury leave under the provisions of this Act shall be required to pay the cost of employing a substitute teacher to serve in his absence on such jury leave, and local boards of education may adopt policies regarding the retention by teach ers of the compensation for serving on a jury.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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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 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:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Not voting were Senators Duncan and Hudgins.

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

On the passage of the bill, the yeas were 54, nays 0.

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

SB 91. 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, board, bureau, commis sion or political subdivision of any county, municipal corporation, board of education, at which official actions are to be taken are public meetings and shall be open to the public at all times.
The Senate Committee on Rules offered the following substitute to SB 91:
A BILL
To be entitled an Act to amend an Act providing that all meetings

MONDAY, FEBRUARY 14, 1977

757

of any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission or political subdivision of any county, munic ipal corporation, 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, approved March 28, 1972 (Ga. Laws 1972, p. 575), so as to provide for notice of the time and place of such meetings prior to the meeting; to provide procedures for such notice; to provide sanctions for failure to provide such notice; to remove certain exceptions to and exemptions from the provisions of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. 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, board, bureau, com mission, or political subdivision of any county, municipal corporation, 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, approved March 28, 1972 (Ga. Laws 1972, p. 575), is hereby amended by adding at the end of Section 1 a new subsection to be designated subsection (d), to read as follows:

"(d) (1) Notice of the time and place of a meeting subject to the provisions of this Act shall be given prior to the meeting. Such notice shall be given in accordance with the provisions of paragraph (2). If the meeting is held at a regularly scheduled time and place, an initial notice of the regularly scheduled time and place for such meetings may be given and further notice need not be given before each subsequent meeting held at such regularly scheduled time and place. If the meeting is not held at a regularly scheduled time and place, notice shall be given prior to the meeting.

(2) Each department, agency, board, bureau, commission, po litical subdivision, or governing authority subject to the provisions of this Act shall designate a person to provide the notice required by this subsection. Such person shall maintain a list of reporters em ployed by the news media to be notified of meetings subject to the provisions of this Act. The name and business and after-hours phone numbers of a reporter shall be placed on such list upon application of the reporter. No more than one reporter for any one newspaper, magazine, radio station, television station or other news media shall be listed. The person designated to provide the notice required by this subsection in complying with such requirement shall call the reporters listed and record in writing the reporters contacted, the person at a listed number with whom notice was given if the re porter could not be contacted, or the fact that no one answered the phone at either number. Such record shall be made a part of the minutes of the meeting.

(3) No meeting subject to the provisions of this Act shall be held without prior notice as provided in the subsection. No reso lution, rule, regulation or formal action shall be binding unless notice required by this subsection has been given."

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Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2, to read as follows:

"Section 2. The provisions of this Act shall not apply to the following:

(a) The deliberations and voting of the Board of Pardons and Paroles.

(b) Meetings of the Georgia Bureau of Investigation.

Section 3. Said Act is further amended by striking Section 3 in its entirety, which reads as follows:

"Section 3. The provisions of this Act shall not be construed so as to repeal in any way:

(a) the attorney-client privilege recognized by Georgia law;

(b) those tax matters which are otherwise made confidential by Georgia law.

The public may be excluded in order to protect these privileges."

Section 4. 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 Rules to SB 91 by in serting on line 17, Page 3, in Section 2 (b) the following: "or any other law enforcement agency in the State."

Senator Lester of the 23rd moved to commit SB 91 to the Committee on Judiciary.

Senator Barker of the 18th moved the previous question.

The President ruled that the motion for the previous question takes prec edence.

On the motion, the yeas were 15, nays 27; the motion was lost, and the previous question was not ordered.

On the motion to commit, Senator Barker of the 18th called for the yeas and nays; the call was sustained, and the vote was as follows:

MONDAY, FEBRUARY 14, 1977

759

Those voting in the affirmative were Senators:

Allgood Ballard Banks Bell Brantley Broun of 46th Brown of 47th Coverdell Doss English Evans

Gillis Hill Holloway Johnson Kennedy Lester McGill Overby Reynolds Russell Scott

Shapard Starr Summers Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Barnes Bond Carter Dean of 6th Dean of 31st Duncan Eldridge

Pincher Foster Greene Howard Hudgins Hudson Kidd Langford

Paulk Pearce Riley Stephens Stumbaugh Button Tate Traylor

Not voting was Senator Robinson.

On the motion offered by Senator Lester of the 23rd, the yeas were 31, nays 24; the motion prevailed, and SB 91 was committed to the Committee on Judiciary.

Senator Robinson of the 27th introduced one of the doctors of the day, Dr. Beverly B. Sanders, of Macon, Georgia, and Senators Paulk of the 13th and Greene of the 26th introduced one of the doctors of the day, Dr. H. Gordon Davis, Jr., of Sylvester, Georgia.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 18. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to comprehensively revise the adoption laws of this State; to pro vide for jurisdiction and venue in adoption proceedings; to define who may adopt children; to require surrender or termination of parental rights prior to adoption except in certain cases; to set forth the require ments and form of a surrender of parental rights.

Senator Shapard of the 28th moved that the Senate agree to the House amend ments to SB 18.
Senator Langford of the 51st moved that the House amendments to SB 18 be printed.

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JOURNAL OF THE SENATE,

On the motion offered by Senator Langford of the 51st, the yeas were 36, nays 0; the motion prevailed, and the House amendments to SB 18 were ordered printed, and the action on the motion of Senator Shapard of the 28th was post poned subject to the printing.

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

SB 102. By Senators Summers of the 53rd, Lester of the 23rd and Tate of the 38th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for the retirement of members with less than 10 years of creditable service under certain circumstances.

The following fiscal note, as required by law, was read by the Secretary:

MEMORANDUM

TO:

The Honorable E. G. Summers, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, Jr., State Auditor Richard B. Cobb, Deputy Director, Office of Planning and Budget

DATE:

January 19, 1977

SUBJECT: Fiscal Note--Senate Bill 102 Teachers' Retirement System

Please find attached a memorandum from Mr. Wesley H. Rucker, Executive Secretary-Treasurer of the Teachers' Retirement System. We feel it is self-explanatory, and it concurs with our own analysis.

/a/ William M. Nixon, Jr. State Auditor

/&/ Richard B. Cobb Deputy Director, Office of Planning and Budget

January 18, 1977

MEMORANDUM

TO: FROM:

Mr. William M. Nixon State Auditor
Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: Senate Bill 102

This bill would permit members who reached the compulsory age of retirement under regulations adopted by an employer, or under the pro-

MONDAY, FEBRUARY 14, 1977

761

visions of the retirement act, to qualify for service retirement even though they had less than ten years of creditable service.

The bill provides that no teaching service rendered in other states or in American Dependents' Schools or any military service can be in cluded in the credited service of a member who qualifies for retirement under this bill.

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 contribu tions to the Teachers Retirement System and since we would expect the number of members who could qualify for benefits under this bill would be relatively small, we think that any additional cost to the benefit pro gram would be quite small if this bill were enacted into law. Since the cost to the benefit program would be insignificant under the provisions of this bill, we would not ask for any increase in the employer con tributions rate if this 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:

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

English Evans Pincher Foster Gillis Greene Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Hill Holloway

Hudgins Russell

Wessels

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

SB 134. By Senators Traylor of the 3rd, Hudgins of the 15th, Wessels of the 2nd and others:
A bill to provide for a cohesive statewide emergency telephone number system; to provide a short title; to provide for legislative intent; to define certain terms; to provide for a statewide plan; to provide for regional systems.

The Senate Committee on Public Utilities offered the following substitute to SB 134:
A BILL
To be entitled an Act to provide for the development of a cohesive statewide emergency telephone number 911 system; to provide a short title; to provide for legislative intent; to define certain terms; to provide for a statewide plan; to provide for regional systems; to provide for administration by the Office of Telecommunications of the Department of Administrative Services; to provide for coordination between the tele phone industry and the Public Service Commission; to provide for en forcement; to provide for existing emergency telephone number service; to provide for federal assistance; 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 "Georgia Emergency Telephone Number '911' Service Act of 1977."
Section 2. Legislative Intent. The legislature hereby finds and de clares that it is in the public's interest to shorten the time required for a citizen to request and receive emergency aid. There currently exist numerous different emergency phone numbers throughout the State. Pro vision for a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would pro vide a significant contribution to law enforcement and other public service efforts by making it easier to notify public safety personnel. Such a simplified means of procuring emergency services will result in the saving of lives, a reduction in the destruction of property and quicker apprehension of criminals. It is the intent of the legislature to establish and implement a cohesive statewide emergency telephone number "911" system which will provide citizens with rapid direct access to public safety agencies by dialing telephone number "911" with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue and other emergency services.
Section 3. Definitions. As used in this Act, unless the context clearly requires otherwise:
(a) "office" means the Office of Telecommunications of the Depart ment of Administrative Services;

MONDAY, FEBRUARY 14, 1977

763

(b) "local government" means any city, county or political sub division of Georgia and its agencies;

(c) "public agency" means the State and any city, county, city and county, municipal corporation, chartered organization, public district or public authority located in whole or in part within this State which provides or has authority to provide fire fighting, law enforcement, ambulance, medical or other emergency services;

(d) "public safety agency" means a functional division of a public agency which provides fire fighting, law enforcement, emergency medi cal, suicide prevention, civil defense, poison control or other emergency services.

Section 4. State Plan. The office shall develop a plan for imple menting a statewide emergency telephone number "911" system. The plan shall provide for:

(a) the establishment of a statewide panel of community officials appointed by the Governor to serve without pay as consultants to the office:

(b) the review and analysis of progress mantained by public agen cies in developing emergency telephone communication requirements as required for the "911" system;

(c) steps of action necessary for public agencies to effect the neces sary coordination, regulation and development preliminary to a "911" system that will incorporate the requirements of each public service agency in local government of Georgia;

(d) identification of mutual aid agreements necessary to effect the "911" system, including coordination in behalf of the State of Georgia with any federal government agency to secure financial assistance or other activities desirable to take funding that may be provided to com munities for the planning, development or implementation of the "911" system;

(e) the coordination necessary between local governments planning or developing a "911" system with other necessary State agencies, Public Service Commission, all affected utility and telephone companies or other agencies;

(f) a firm implementation schedule which will account for the prog ress achieved in each political subdivision and which can be reproduced in an annual report of progress;

(g) the establishment of the public agency emergency telephone communications to meet the requirements for each entity of local gov ernment including law enforcement, fire, medical, suicide, rescue or other emergency services.

The office shall be responsible to encourage and promote the plan-

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JOURNAL OF THE SENATE,

ning, development and implementation of each local "911" system plan. The office shall promulgate any necessary rules, regulations and sched ules related to public agencies for implementing and coordinating such a plan and shall act as the deciding agency whenever disputes or agree ments cannot be reached between the local political jurisdiction and other public agencies involving the "911" system.

Section 5. Regional Systems. Nothing in this Act shall be con strued to prohibit or discourage the formation of multijurisdictional or regional "911" systems; and any system established pursuant to this Act may include the jurisdiction, or any portion thereof, of more than one public agency.

Section 6. Telephone Industry Coordination. The office shall coordi nate with the Public Service Commission which shall encourage the Geor gia telephone industry to activate facility modification plans for a timely "911" implemenation.

Section 7. System Approval. After the effective date of this Act, no emergency telephone number "911" system shall be established and no present system shall be expanded without prior approval and desig nation in the plan administered by the office.

Section 8. Compliance. All public agencies shall assist the office in its efforts to carry out the intent of this Act, and such agencies shall comply with the developed plan by furnishing a resolution of intent regarding a "911" emergency telephone number system.

Section 9. Existing Emergency Telephone Service. Any emergency telephone number established by any local government or State agency prior to the effective date of this Act using a number other than "911" shall be changed to "911" on the same implementation schedule referred to in Section 6.

Section 10. Federal Assistance. The office is authorized to apply for and accept federal funding assistance in the development and imple mentation of a statewide emergency telephone number "911" system.

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 29, 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:

MONDAY, FEBRUARY 14, 1977

765

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Foster Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Duncan Gillis

Hill Langford Russell

Stumbaugh

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 145. By Senators Banks of the 17th and Barnes of the 33rd: A bill to amend Chapter 24-29 of the Code of Georgia, as amended, re lating to District Attorneys, so as to revise and bring up to date said Code Chapter by codifying certain Acts of the General Assembly; to strike Section 24-2904, relating to the salary and fees of the District Attorneys.
The Senate Committee on Judiciary offered the following amendment:
Amend SB 145 by striking from line 3 on Page 3 the following:
"to provide an effective date;" and
by striking from lines 31 through 33 on Page 9 the following:
"be certified by the Georgia Peace Officers Standards and Training Council or its successor agency",
and inserting in lieu thereof the following:
"meet the requirements of the Georgia Peace Officer Standards and Training Act, as now or hereafter amended," and

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JOURNAL OF THE SENATE,

by striking Section 13 in its entirety and by renumbering Section 14 as Section 13.

On the adoption of the amendment, the yeas were 37, 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:

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

Evans Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator McGill.

Those not voting were Senators:

Hill

Johnson

Russell

On the passage of the bill, the yeas were 52, nays 1.

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

SB 193. By Senators Sutton of the 9th, Shapard of the 28th and Barnes of the 33rd:
A bill to amend Code Chapter 79A-10, relating to drugs and cosmetics, as amended, so as to provide for the advertisement of drugs, devices and cosmetics.
Senator Allgood of the 22nd offered the following amendment:

MONDAY, FEBRUARY 14, 1977

767

Amend SB 193 by striking from lines 12 and 13 the words "devices and cosmetics", and

by striking from line 3 the words "devices and cosmetics".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

Senator Coverdell of the 40th offered the following amendment:
Amend SB 193 by striking on line 14 everything except the word "medium," and lines 15, 16 and 17 in their entirety, and inserting in lieu thereof the following: "except that no person shall falsely advertise prices charged on any product herein mentioned."

On the adoption of the amendment, the yeas were 39, 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:

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell
Dean of 6th
Dean of 31st
Does
Duncan
Eldridge
English
Evans

Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd
Langford
Lester
McGill
Overby
Paulk
Reynolds
Riley
Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson
Timmons
Traylor
Turner
Tysinger
Walker
Wessels

Voting in the negative was Senator Fincher.

Those not voting were Senators:

Ballard

Hudgins

Pearce

768

JOURNAL OP THE SENATE,

On the passage of the bill, the yeas were 52, nays 1.

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

SB 197. By Senators Banks of the 17th and Barnes of the 33rd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to extend jurisdiction of courts of municipalities to try violations of Section 126D of such Act.

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

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

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Greene Hill Holloway Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Wessels

Those not voting were Senators :

English Hudgins

Hudson

Walker

On the passage of the bill, the yeas were 52, nays 0.

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

SB 224. By Senators Holloway of the 12th, Riley of the 1st and Starr of the 44th:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy;

MONDAY, FEBRUARY 14, 1977

769

to provide for definitions; to require certain persons and entities to file annual reports.

The Senate Committee on Rules offered the following amendment:

Amend SB 224 by adding on Page 3, line 34, after the word "made" the following:

", and the public official for whom the expenditure was made".

On the adoption of the amendment, the yeas were 45, nays 0, and the amend ment was adopted.
Senator Stumbaugh of the 55th offered the following amendment:
Amend SB 224 as follows: Strike the existing Code Section 47-1003A (b) (2) as it appears on Page 3, lines 21-25 and insert in lieu thereof the following:
"A list of the subject matter of the registrant's activities and a brief statement of the position advocated by the registrant with respect to that subject matter. If the registrant seeks to influence proposed legislation, the number of each bill or resolution which the registrant supports or approves shall be listed and the registrant shall indicate whether he supports or opposes each such bill or resolution."
On the adoption of the amendment, the yeas were 43, nays 1, and the amend ment was adopted.

Senator Shapard of the 28th offered the following amendment:
Amend SB 224 as follows:
Strike the word "annual" on Page 1, line 6 and insert in lieu thereof the word "certain";
Strike the words "an annual report" on Page 2, line 22 and insert in lieu thereof the word "reports";
Strike the words "an annual report" on Page 2, line 24 and insert in lieu thereof the word "reports";
Strike the words "annual report" on Page 2, line 27 and insert in lieu thereof the words "set of reports";
Strike the word "report" on Page 2, line 28 and insert in lieu thereof the word "reports";

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JOURNAL OF THE SENATE,

Strike the words "Each annual report" on Page 3, line 4 and insert in lieu thereof the words "Such reports";

Strike the words "an annual report is" on Page 3, lines 10 and 11 and insert in lieu thereof the words "such reports are";

Strike the words "an annual report" on Page 3, line 16 and insert in lieu thereof the word "such reports";

Strike the words "an annual report" on Page 3, lines 28 and 29 and insert in lieu thereof the word "such reports.";

Strike the word "annual" on Page 4, line 3.

Strike the existing Code Section 47-1003A(a) as it appears on Page 2, lines 32-33 and on Page 3, lines 1-3, and insert in lieu thereof the following:

"Any person required to file reports under the provisions of Code Section 47-1002A shall file such reports in the office of the Secretary of State by the fifth (5th) day of February covering activities during the period between the first day of August through and including the last day of January; on the fifth (5th) day of April covering activities during the period between the first day of February through and including the last day of March; and on the fifth (5th) day of August covering activities in the period between the first day of April through and including the last day of July."

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:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell

Dean of 31st Evans Foster Greene Howard Hudson Johnson Kidd Lester Paulk

Those voting in the negative were Senators:

Banks Carter
Dean of 6th Doss
Duncan Eldridge

English Fincher
Gillis Hill
Holloway Kennedy

Pearce Robinson Scott Shapard Stephens Stumbaugh Sutton Turner Tysinger
Langford McGill Overby Reynolds Riley Russell

MONDAY, FEBRUARY 14, 1977

771

Starr Summers Tate

Thompson Timmons Traylor

Walker Wessels

Not voting was Senator Hudgins.

On the adoption of the amendment, the yeas were 29, nays 26, and the amend ment was adopted.

Senator Stumbaugh of the 55th offered the following amendment:
Amend SB 224 by striking the existing Code Section 47-1003 A (b) (3) as it appears on Page 3, lines 26-29 and inserting in lieu thereof the following:
"The total amount expended by registrants, or the person they represent, on their activities with legislators and other matters re quiring registration hereunder."

On the adoption of the amendment, the yeas were 40, nays 5, and the amend ment was adopted.

Senator Sutton of the 9th offered the following amendment:

Amend SB 224 as follows:

Strike the words "at a single time and place" as they appear on Page 3, lines 30-31.

On the adoption of the amendment, Senator Sutton of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Coverdell Dean of 6th Dean of 31st Doss

Eldridge Evans Fincher Foster Greene Howard Johnson Langford Lester Overby Paulk

Robinson Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger

Those voting in the negative were Senators:

Banks Broun of 46th Brown of 47th

Carter Duncan English

Gillis Hill Holloway

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Hudson Kennedy Kidd McGill Pearce

Reynolds Riley Russell Starr Tate

Timmons Traylor Walker Wessels

Not voting was Senator Hudgins.

On the adoption of the amendment, the yeas were 32, nays 23, and the amend ment was adopted.

Senator Evans of the 37th offered the following amendment:
Amend SB 224 by deleting on Page 3, line 9, after the word "num ber," the following: "and residence address and telephone number"; and by deleting on line 14, Page 3, after the word "number," the words "and residence address", and on line 15, Page 3, the words "and telephone number".

On the adoption of the amendment, the yeas were 42, 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:

Those voting in the affirmative were Senators:

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

Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd
Langf ord Lester McGill Overby Paulk
Pearce

Reynolds Riley Robinson Scott Shapard Starr
Stephens
Stumbaugh
Summers
Sutton
Tate Thompson
Traylor
Turner Tysinger
Walker
Wessels

MONDAY, FEBRUARY 14, 1977

773

Those voting in the negative were Senators Russell and Timmons.

Not voting was Senator Hudgins.

On the passage of the bill, the yeas were 53, nays 2.

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

The President announced that the Senate would stand in recess from 12:51 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

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 242. 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 "self-liquidating"; to provide for other matters; to provide for an effective date.

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

On the passage of the bill, 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
English

Evans Foster Gillis Greene Holloway Hudson Johnson
Kennedy
Kidd
Langford
Lester
Overby
Paulk
Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh
Summers Sutton
Thompson
Timmons
Traylor Tysinger
Walker

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Those not voting were Senators:

Allgood Bond Broun of 46th Fincher

Hill Howard Hudgins McGill

Pearce Tate Turner Wessels

On the passage of the bill, the yeas were 44, nays 0.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 245. 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 designate the Department of Transportation as the State agency to offer rail service continuation payments 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

Allgood Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Fincher Gillis Greene Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley

Those not voting were Senators:

Bond Broun of 46th Foster

Hill Holloway (presiding Hudgins

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Tysinger Walker Wessels
Pearce Tate Turner

MONDAY, FEBRUARY 14, 1977

775

On the passage of the bill, the yeas were 47, nays 0.

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

SB 246. By Senators Starr of the 44th and Langford of the 51st:
A bill to amend an Act requiring certain reports of non-profit contractors who contract with State agencies, so as to provide that the provisions of the Act shall not apply to contracts less than $10,000 in amount; to provide an effective date.

Senator Starr of the 44th moved to commit SB 246 to the Committee on Economy, Reorganization and Efficiency in Government.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 246 was committed to the Committee on Economy, Reorganization and Efficiency in Government.
HB 185. By Representatives Collins of the 144th, Veazey of the 146th, Patten of the 149th and Matthews of the 145th; A bill to amend an Act regulating the sale of leaf tobacco, so as to re quire any person, firm or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales to obtain from the Commis sioner of Agriculture a nonauction tobacco dealer's license. Senate Sponsor: Senator Kennedy of the 4th.
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:

Allgood Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Pincher Gillis Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Broun of 46th Foster

Greene Hill Holloway (presiding)

Hudgins Pearce 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, having been taken up previously today and postponed so that the House amendments thereto could be printed, was taken up for the purpose of considering the House action thereto:

SB 18. By Senators Shapard of the 28th, Howard of the 42nd, Banks of the 17th and others:
A bill to comprehensively revise the adoption laws of this State; to pro vide for jurisdiction and venue in adoption proceedings; to define who may adopt children; to require surrender or termination of parental rights prior to adoption except in certain cases; to set forth the require ments and form of a surrender of parental rights.

The House amendments were as follows:
Amend SB 18 as follows:
(1) By adding after the word "physically" on line 28 of Page 2 the following words, ", morally fit";
(2) By deleting the period on Page 3, line 28 and inserting in lieu thereof the following: "; otherwise, except in cases of excusable neglect, said surrender shall operate in favor of the Department of Human Resources for placement for adoption pursuant to Code Section 74-403 (a) (1).";
(3) On Page 12 after line 18 and before line 19 insert the following:
"(a) (1), (a) (2), (a) (3) or (a) (4) of Code Section 74-403 where a child has been abandoned by a parent, or where such parent of a child cannot be found after a diligent search has been made, or where such parent is insane or otherwise incapacitated from sur rendering such rights and the court is of the opinion that the adop tion is for the best interest of the child, nor shall a surrender or termination of parental rights as provided in Code Section 74-403 be required as a prerequisite to adoption pursuant to subsections";
(4) On Page 13, line 8 after the word "surrender" and before the word "or" insert the following: "or her consent to the child's adoption by her husband,"

MONDAY, FEBRUARY 14, 1977

777

On Page 13, line 24 after the word "surrender" and before the word "or" insert the following: "or her consent to the child's adoption by her husband,"

On Page 13, line 31 after the word "surrender" and before the word "or" which appears on line 32 insert the following: "or her consent to the child's adoption by her husband,";

(5) By adding on Page 16, line 33 after the word "adoption" the following: "Provided however, that if the attorney received less than five hundred dollars his affidavit need only state that fact.";

(6) On Page 17, line 6 delete "ninety (90)" and insert in place there of "sixty (60)"; and on Page 17, line 12 delete "when filed." and insert in place thereof "within fifteen (15) days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law."

(7) By striking the words on line 7, Page 19 that read "the Depart ment or licensed child-placing agency" and substitute therefor the fol lowing: "The court shall appoint a guardian-ad-litem who";

(8) By striking subsection (c) of Section 74-410 in its entirety and inserting in lieu thereof a new subsection (c), to read as follows:

"(c) If at any time it appears to the court that the interests of the child may conflict with those of the petitioner(s), the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county.";

(9) By adding at the end of line 30 of Page 21 the following: "Should the court find that any notice required under this chapter to be given by the petitioner has not been given or not properly given, or that said petition has not been properly filed, then said court is authorized to enter an order providing for corrective action and an additional hear ing."

On the motion of Senator Shapard of the 28th that the House amendments be agreed to, said motion having been postponed previously in order that the amend ments might be printed, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brantley Brown of 47th
Carter

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans
Fincher

Gillis Greene Howard Johnson Kennedy Kidd Lester McGill
Overby

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Paulk Reynolds Riley Robinson Russell Scott Shapard

Starr Stephens Stumbaugh Summers Button Thompson Timmons

Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Langford.

Those not voting were Senators:

Bond Broun of 46th Poster

Hill Holloway (presiding) Hudgins

Hudson Pearce Tate

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House amendments to SB 18.

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:
HB 583. By Representatives Horton of the 43rd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide for an effective date.
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Committee on Higher Education offered the following substitute to HB 583:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p. 74), so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide certain limitations of the Governor's authority; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p. 74),

MONDAY, FEBRUARY 14, 1977

779

is hereby amended by striking Section 3, relating to definitions, in its entirety and substituting a new Section 3 to read as follows:

"Section 3. Definitions, (a) The term 'civil defense' means the preparation for the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from emergencies, energy emergencies, or disasters, or the imminent threat thereof, of man-made or natural origin, caused by enemy attack, sabotage, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill, or other water contamination requiring emergency action to avert danger or damage, epidemic, air contami nation, blight, drought, infestation, explosion, riot, or other hostile action, or other causes. These functions include, without limitation, fire fighting services, police services, medical and health services, rescue, engineering, warning services, communications, defense from radiological, chemical and other special weapons, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the prep aration for and carrying out of the foregoing functions.

(b) 'Energy emergency' means a condition of danger to the health, safety, welfare, or economic well-being of the citizens of the State of Georgia arising out of a present or threatened shortage of usable energy resources occurring within or without the State of Georgia, substantially affecting the health, safety, or welfare of the citizens of this State.

(c) 'Energy resources' including all forms of energy or power including, without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas, electricity in all forms and from all sources; and other fuels of any description, except wood.

(d) 'State of emergency' means the condition declared by the Governor when, in his judgment, the threat of actual occurrence of a disaster or emergency or energy emergency in any part of the State is of sufficient severity and magnitude to warrant extraordinary assistance by the State to supplement the efforts and available resources of the several localities and relief organizations in pre venting or alleviating the damage, loss, hardship, or suffering threatened or caused thereby and is so declared by him."

Section 2. Said Act is further amended by adding at the end of Section 7, relating to emergency powers, the following language:

"(6) To issue orders, rules and regulations providing for:

(a) the degree to which public buildings, commercial and indus trial establishments, and private homes and residences may be heated or cooled, regardless of energy resource used.

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(b) The hours and days during which all State-owned facilities or offices may or are required to remain open.

(c) The hours and days which all county or municipally owned facilities or offices may or are required to remain open.
(d) The hours and days which all schools, universities and edu cational institutions within the State may or are required to remain open; provided, however, nothing contained herein shall operate to limit the total number of days which an educational institution is required by law to remain open.
(e) The hours and days which all commercial establishments for the entertainment or amusement of the general public may or are required to remain open.
(f) The hours and days which all other commercial or industrial establishments not essential to the public's health, safety or welfare may or are required to remain open.
(7) To issue orders, rules and regulations amending or suspend ing any or all restrictions or penalties regarding transportation of energy resources.
(8) To establish and implement regional programs and agree ments for the purposes of coordinating any energy reserve programs and actions of the State with those of the Federal Government and of other states and localities.

(9) To allocate, except where by law this authority is granted to the Public Service Commission, any energy resource in such manner as deemed proper in order to protect the public health, safety or welfare, including for such purposes, the power and au thority to alter, amend, suspend or terminate any existing rate, schedule, contract, rule or regulation affecting such energy resource, and to prescribe new or further rates, schedules, contracts, rules or regulations affecting such energy resource. Provided that in the event such rates, schedules, contracts, rules, or regulations are altered, amended, or prescribed by the Governor, they shall be
just and reasonable.

(10) To establish a three-member hardship committee, com prised of the Chairman of the Public Service Commission or his designee, and two members appointed by the Governor, which would permit exceptions, when life or property critical to the public health, safety or welfare is jeopardized because of any orders, rules or regulations issued under subsections (c) (6), (c)
(7) or (c) (9) above.

(11) To provide for the imposition of a civil penalty not to exceed $100 for each violation by an occupant of a private home or residence and not to exceed $5,000 for any other violation, and the methods and conditions of its collection, for failure to comply

MONDAY, FEBRUARY 14, 1977

781

with the orders, rules or regulations promulgated by the Governor pursuant to this Section.

(12) If the Governor declares a state of emergency solely be cause of an energy emergency, he shall not have the authority to:

(i) Seize, take for temporary use or condemn property other than energy resources as authorized by Section 7(c) (2) of this Act: or

(ii) Sell, lend, give or distribute property other than energy resources as authorized by Section 7(c) (3) of this Act; or

(iii) Commandeer or utilize property other than energy re sources as authorized by Section 7(c) (5) (d) of this Act."

Section 3. Said Act is further amended by adding at the end of Section 7, relating to emergency powers, the following language:

"(d) Any individual, partnership, association or corporation who acts in accordance with an order, rule or regulation entered by the Governor pursuant to the authority granted herein will not be held liable to any other individual, partnership, association or corporation by reason thereof in any action at law or in equity."

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Senator Thompson of the 32nd offered the following amendment:
Amend the committee substitute to HB 583, as follows:
By inserting on line 27 of Page 5, after the word, "approval", the following:
", and shall expire, and is hereby repealed, as of April 1, 1978". By adding on line 8 of Page 1, after the word, "date", the following:

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"and an expiration date".

On the adoption of the amendment, the yeas were 28, nays 12, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, 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:

Allgood Ballard Banks Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge English Evans Fincher

Gillis Greene Hill
Hudgins Hudson Johnson Kennedy Kidd
Langford Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Barnes Dean of 6th

Dean of 31st Lester

McGill Sutton

Those not voting were Senators:

Duncan Foster

Holloway (presiding)

Howard

On the passage of the bill, the yeas were 45, nays 7.

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

SB 235. By Senators Howard of the 42nd and Stumbaugh of the 55th:
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 unsup ported testimony of the female.

MONDAY, FEBRUARY 14, 1977

783

Senator Wessels of the 2nd offered the following amendment:

Amend SB 235 by adding at the end of "years" on line 19 the fol lowing :

"The standard of proof for conviction shall be the same as re quired for a confession."

On the adoption of the amendment, the yeas were 7, nays 31, and the amendment was lost.

Senator Allgood of the 22nd offered the following amendment:
Amend SB 235 by striking from lines 17 and 18 the words, "by death or".

On the adoption of the amendment, Senator Tate of the 38th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bond Broun of 46th Coverdell Dean of 6th

English Evans Howard Kidd Lester Robinson Scott

Shapard Tate Traylor Tysinger Walker

Those voting in the negative were Senators:

Banks Barnes Bell Brantley Brown of 47th Carter Dean of 31st Doss Duncan Eldridge Fincher Foster

Gillis Greene Hill
Hudson Johnson Kennedy Langford McGill Overby Paulk Reynolds Riley

Russell Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Wessels

Those not voting were Senators:

Holloway (presiding)

Hudgins

Pearce

On the adoption of the amendment, the yeas were 19, nays 34, and the amendment was lost.

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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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans

Fincher Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Bond

Dean of 6th McGill

Tate

Those not voting were Senators:

Holloway (presiding)

Hudgins

Pearce

On the passage of the bill, the yeas were 48, nays 5.

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

SR 77. By Senator Banks of the 17th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to provide that, if the City of Barnesville and County of Lamar Development Authority is dissolved for any reason, title to all property held by the Authority shall be conveyed to Lamar County and the City of Barnesville subject to certain conditions; 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. An amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia of 1945 which was proposed by Ga. Laws 1964, Ex. Sess., p. 224 and which was continued in effect pursuant

MONDAY, FEBRUARY 14, 1977

785

to the provisions of the Constitution of Georgia of 1976, is hereby amended by striking from said Paragraph I the following:

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Lamar County subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property. No private interest shall exist in the property of said Authority. The Authority shall hold title only for the benefit of the public.",

and inserting in lieu thereof the following:

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Lamar County and the City of Barnesville in the same proportion as their respective contributions to the Authority, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of said Authority. The Authority shall hold title only for the benefit of the public."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.
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, if the City of Barnesville and County of Lamar Development Authority is dissolved for any reason,
( ) NO title to all property held by the Authority shall be con veyed to Lamar County and the City of Barnesville in the same proportion as their respective contributions to the Authority?"

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:

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Those voting in the affirmative were Senators:

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

Evans Fincher Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

Riley Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Holloway (presiding)

Hudgins Pearce

Robinson

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

HR 133. By Representatives Clark, Milford and Mann of the 13th and Russell of the 64th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the membership of the Oconee County Industrial Development Authority; 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 GEOR GIA:
Section 1. The Constitution, as amended, is hereby amended by striking from subparagraph B. of a paragraph added to Article V, Section IX of the Constitution of 1945 (Ga. Laws 1962, p. 871, ratified November 6, 1962) and continued as a part of the Constitution of 1976, the following:
"President of the Athens Area Chamber of Commerce",
and inserting in lieu thereof the following:
"President of the Oconee County Chamber of Commerce",

MONDAY, FEBRUARY 14, 1977

787

so that when so amended, subparagraph B. shall read as follows:

"B. The Authority shall consist of five members. The President of the Oconee County Chamber of Commerce, the Mayor of Watkinsville and the Chairman of the Oconee County Board of Com missioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Oconee County shall appoint two members who shall serve for a term of five years and who shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said board of county commissioners. A majority of the members shall constitute a quorum and a major ity may act for the Authority in any matter. No vacancy shall im pair the power of the Authority to act."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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 President of the Oconee County Chamber of Com merce to be a member of the Oconee County Industrial
( ) NO Development Authority in lieu of having the President of the Athens Area Chamber of Commerce serve on such Authority?"

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:

Allgood Ballard Banks Barker Barnes Bell Bond

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge English Evans Fincher Foster Gillis

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Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill

Overby Paulk Reynolds Riley Russell Scott Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Brantley Holloway (presiding)

Hudgins Pearce

Robinson

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, 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 3:30 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 15, 1977

789

Senate Chamber, Atlanta, Georgia Tuesday, February 15, 1977

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Holloway of the 12th, President Pro Tempore.

Senator Johnson of the 34th 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 733. By Representatives Wall of the 61st, Phillips of the 59th and Harris of the 60th:
A bill to continue and re-create the State Court of Gwinnett County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court.

HB 734. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County, Ga., as amended, so as to provide for the election of a Chairman of the Board of Commissioners of Butts County and for the election of two members of the said Board of Commissioners.

HB 735. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act creating a Board of Commissioners of Butts County, as amended, so as to require the adoption of the annual county budget on or before a certain date in each calendar year.

HB 736. By Representative Johnson of the 74th: A bill to change the date for meetings of the Council of the Town of Porterdale.
HB 739. By Representatives Stone and Greene of the 138th: A bill to amend an Act placing the Sheriff and Clerk of the Superior

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Court of Wayne County on a salary basis in lieu of a fee system of compensation, as amended, so as to change the salary of the sheriff.

HB 742. By Representative Clifton of the 107th:
A bill to provide for the election of members of the Board of Education of Bryan County; to change the size of the board; to provide for Educa tion Districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures.

HB 749. By Representative Lord of the 105th:
A bill to amend an Act abolishing the mode of compensating the Judge of the Probate Court of Washington County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the com pensation of said Judge and the method of fixing said compensation.

HB 754. By Representative Hutchinson of the 133rd:
A bill to create a small claims court in certain counties of this State; to provide for the appointment, duties, powers, compensations, qualifi cations, substitutions and tenure of the judge of such courts; to prescribe the jurisdiction, pleadings, practice and service of processes therein.

HB 91. By Representatives Burton of the 47th, Hays and Snow of the 1st and others:
A bill to amend Code Chapter 34-7, relating to election districts and polling places, as amended, so as to change the provisions relating to the selection of polling places and the use of public buildings as polling places.
HB 220. By Representatives Evans of the 84th, Walker of the 115th and Culpepper of the 98th:
A bill to repeal an Act relating to the limitation on municipal taxing authority Georgia Code Sections 92-4101 through 92-4104; to provide an effective date.
HB 259. By Representatives Tucker of the 73rd, Games of the 43rd, Bray of the 70th and others:
A bill to encourage the employment of handicapped persons by protect ing employers for excess liability for compensation for certain injuries; to add a new Code Title 114A to relate to the workers' compensation law; to amend the said Code Title 114A, relative to workers' compen sation law, so as to create a Subsequent Injury Trust Fund.
HB 331. By Representatives Buck of the 95th, Coleman of the 118th and Colwell of the 4th:
A bill to amend an Act creating the "Sheriffs' Retirement Fund of Georgia", approved April 16, 1963, as amended, so as to provide an in-

TUESDAY, FEBRUARY 15, 1977

791

crease in retirement benefits for those members and persons already receiving retirement benefits.

HB 362. By Representatives Lambert of the 112th, Nichols of the 27th, Kemp of the 139th and others:
A bill to amend an Act establishing the qualifications for agents of the Bureau of Investigation so as to authorize that any sworn member of the Georgia Bureau of Investigation shall be entitled to retain as part of his compensation his service revolver and badge with the word "retired" affixed thereon, pursuant to regulations promulgated by the Director of the Georgia Bureau of Investigation.

HB 406. By Representative Carnes of the 43rd:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to clarify the recordation of such liens; to provide for notice of commencement of legal actions on claims of liens.

HB 457. By Representatives McDonald of the 12th, Castleberry of the lllth and others:
A bill to amend Code Section 68B-307 relating to the authority of the Department of Public Safety to suspend or revoke licenses and establish ing a point system, so as to change the number of points assessed for certain traffic offenses.

HB 486. By Representatives Kemp of the 139th, Nichols of the 27th, Greene of the 138th and others:
A bill to provide that no elected county or municipal official shall be eligible to serve as a member of the General Assembly.

HB 562. By Representatives Davis of the 99th, Home of the 104th, Pinkston of the 100th and others:
A bill to amend Code Section 26-1601 relating to the crime of burglary so as to provide for periods of mandatory imprisonment upon second and third convictions of said offense.

HB 702. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating the Georgia Higher Education Assis tance Authority, as amended, so as to authorize and direct the Authority to establish and administer a program of student loans to eligible mem bers of the Georgia National Guard.

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

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HR 115. By Representatives Patten of the 146th, Murphy of the 18th, Adams of the 79th and others:
A resolution creating the Constitutional Amendment Advertising Study Committee.

The House has adopted the following resolutions of the House:

HR 222. By Representatives Tolbert of the 56th, Linder of the 44th, Burton of the 47th and others:
A resolution requesting the Board of Commissioners of DeKalb County to roll back the ad valorem tax millage rate in certain years when the tax digest increases in excess of a certain amount.

HR 223. By Representatives Tolbert of the 56th, Linder of the 44th, Burton of the 47th and others:
A resolution requesting the Board of Commissioners of DeKalb County to explore certain alternative methods of taxation so as to provide relief for ad valorem tax-payers.

HR 227. By Representative Toles of the 16th:
A resolution calling on the federal government to make federal funds available to all providers under the Medicaid program who have acted in good faith.

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

SB 292. By Senator Kidd of the 25th:
A bill to create a court to be known as the "Magistrate's Court of Baldwin County"; to define its jurisdiction and powers; to provide for the appointment, duties and compensation of the presiding officer, who shall be designated Magistrate. Referred to Committee on County and Urban Affairs.

SB 293. By Senator Kidd of the 25th:
A bill to create a court to be known as the "Magistrate's Court" for each county of this State having a population of not less than 8,430 and not more than 8,700 according to the United States Decennial Census of 1970 or any future such census; to define its jurisdiction and powers. Referred to Committee on County and Urban Affairs.
SB 294. 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

TUESDAY, FEBRUARY 15, 1977

793

the powers of the city council to override the mayor's veto. Referred to Committee on County and Urban Affairs.

SB 295. By Senators Johnson of the 34th, Overby of the 49th, Barnes of the 33rd and others:
A bill to amend Code Section 26-1704, relating to bad checks, so as to provide what constitutes prima facie evidence of criminal issuance of bad checks; to provide for service charges, notice and immunity; to provide what constitutes prima facie evidence of identity of certain parties issuing instruments.
Referred to Committee on Judiciary.

SB 296. By Senator Ballard of the 45th:
A bill to encourage the employment of handicapped persons by protecting employers for excess liability for compensation for certain injuries; to add a new Code Title 114A to relate to the workers' compensation law. Referred to Committee on Industry, Labor and Tourism.

SB 297. By Senator Ballard of the 45th:
A bill to amend Code Title 68B, "The Driver's Licensing Act", as amended, so as to repeal certain provisions relating to reports by physicians and vision specialists; to provide for conformity; to provide for other matters relative to the foregoing. Referred to Committee on Transportation.

SB 298. By Senator Kidd of the 25th:'
A bill to amend Code Section 58-607, relating to the sale of liquors near Central State Hospital, so as to change the provisions relating to the sale, barter or giving away of alcoholic, vinous, or fermented liquor near the Central State Hospital buildings. Referred to Committee on Human Resources.

SB 299. By Senator Traylor of the 3rd:
A bill to require that editorials published in newspapers and magazines printed in this State shall contain the names of the authors of such editorials; to provide penalties. Referred to Committee on Rules.

SB 300. By Senators Hudson of the 35th, Barnes of the 33rd, Langford of the 51st 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 a dec laration of purpose; to define certain terms; to provide for establish ment of the State Social Work Licensing Board of Georgia, its member-

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ship, the appointment of its members, their terms of office, and the powers, duties and limitations of the Board.
Referred to Committee on Human Resources.

SB 301. By Senator Pearce of the 16th:
A bill to amend an Act requiring State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency, so as to change certain definitions; to change the provisions relative to certain reports required by said Act.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SR 94. By Senators Lester of the 23rd, Kidd of the 25th and Doss of the 52nd:
A resolution to create the Cost of Care Study Committee. Referred to Committee on Human Resources.

SR 95. By Senator Bell of the 5th:
A resolution proposing an amendment to the Constitution, so as to provide that no bill raising revenue shall become law without the ap proval of two-thirds of the members elected to each branch of the General Assembly; to provide for the submission of this amendment for ratification or rejection. 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 733. By Representatives Wall of the 61st, Phillips of the 59th and Harris of the 60th:
A bill to continue and re-create the State Court of Gwinnett County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court.
Referred to Committee on County and Urban Affairs.

HB 734. By Representatives Jones of the 78th, and Tucker of the 73rd:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia, as amended, so as to provide for the election by the electors of Butts County of a Chairman of the Board of Commissioners of Butts County and for the election of two members of the said Board of Commissioners.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 15, 1977

795

HB 735. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act creating a Board of Commissioners of Butts County, as amended, so as to require the adoption of the annual county budget on or before a certain date in each calendar year. Referred to Committee on County and Urban Affairs.

HB 736. By Representative Johnson of the 74th:
A bill to change the date for meetings of the Council of the Town of Porterdale. Referred to Committee on County and Urban Affairs.

HB 739. By Representatives Stone and Greene of the 138th:
A bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of com pensation, as amended, so as to change the salary of the sheriff. Referred to Committee on County and Urban Affairs.

HB 742. By Representative Clifton of the 107th:
A bill to provide for the election of members of the Board of Education of Bryan County; to change the size of the board; to provide for Educa tion Districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures. Referred to Committee on County and Urban Affairs.

HB 749. By Representative Lord of the 105th:
A bill to amend an Act abolishing the mode of compensating the Judge of the Probate Court of Washington County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation of said Judge and the method of fixing said compensation. Referred to Committee on County and Urban Affairs.

HB 754. By Representative Hutchinson of the 133rd:
A bill to create a small claims court in certain counties of this State; to provide for the appointment, duties, powers, compensations, qualifica tions, substitutions and tenure of the judges of such courts; to prescribe the jurisdiction, pleadings, practice and service of processes therein. Referred to Committee on County and Urban Affairs.

HB 91. By Representatives Burton of the 47th, Hays and Snow of the 1st, Johnston of the 56th and others:
A bill to amend Code Chapter 34-7, relating to election districts and polling places, as amended, so as to change the provisions relating to

796

JOURNAL OF THE SENATE,

the selection of polling places and the use of public buildings as polling places.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 220. By Representatives Evans of the 84th, Walker of the 115th and Culpepper of the 98th:
A bill to repeal an Act relating to the limitations on municipal taxing authority Georgia Code Sections 92-4101 through 92-4104 (Ga. Laws, 1874, p. 109) ; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

HB 259. By Representatives Tucker of the 73rd, Carnes of the 43rd, Wood of the 9th and others:
A bill to encourage the employment of handicapped persons by pro tecting employers for excess liability for compensation for certain injuries; to add a new Code Title 114A to relate to the workers' com pensation law; to amend the said Code Title 114A, relative to workers' compensation law, so as to create a Subsequent Injury Trust Fund.
Referred to Committee on Industry, Labor and Tourism.

HB 331. By Representatives Buck of the 95th, Coleman of the 118th and Colwell of the 4th:
A bill to amend an Act creating the "Sheriffs' Retirement Fund of Georgia", approved April 16, 1963, as amended, so as to provide an increase in retirement benefits for those members and persons already receiving retirement benefits. Referred to Committee on Retirement.

HB 362. By Representatives Lambert of the 112th, Carlisle of the 71st, Nichols of the 27th and others:
A bill to amend an Act establishing the qualifications for agents of the Bureau of Investigation so as to authorize that any sworn member of the Ga. Bureau of Investigation shall be entitled to retain as part of his compensation his service revolver and badge with the word "retired" affixed thereon, pursuant to regulations promulgated by the Director of the Ga. Bureau of Investigation.
Referred to Committee on Judiciary.

HB 406'. By Representative Carnes of the 43rd:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to clarify the recordation of such liens; to provide for notice of commencement of legal actions on claims of liens. Referred to Committee on Banking, Finance and Insurance.

TUESDAY, FEBRUARY 15, 1977

797

HB 457. By Representatives McDonald of the 12th, Castleberry of the lllth and Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 68B-307 relating to the authority of the Department of Public Safety to suspend or revoke licenses and establish ing a point system, so as to change the number of points assessed for certain traffic offenses.
Referred to Committee on Judiciary.

HB 486. By Representatives Kemp of the 139th, Greene of the 138th, Nichols of the 27th and others:
A bill to provide that no elected county or municipal official shall be eligible to serve as a member of the General Assembly. Referred to Committee on Rules.
HB 562. By Representatives Davis of the 99th, Home of the 104th, Rowland of the 119th and others:
A bill to amend Code Section 26-1601 relating to the crime of burglary, so as to provide for periods of mandatory imprisonment upon second and third convictions of said offense. Referred to Committee on Judiciary.

HB 702. By Representatives Wood, Whitmire and Jackson of the 9th and others:
A bill to amend an Act creating the Georgia Higher Education Assistance Authority, as amended, so as to authorize and direct the Authority to establish and administer a program of student loans to eligible members of the Ga. National Guard. Referred to Committee on Higher Education.

HR 115. By Representatives Patten of the 146th, Murphy of the 18th, Adams of the 79th and others:
A resolution creating the Constitutional Amendment Advertising Study Committee. Referred to Committee on Rules.

HR 222. By Representatives Tolbert of the 56th, Richardson of the 52nd, Linder of the 44th and others:
A resolution requesting the Board of Commissioners of DeKalb County to roll back the ad valorem tax millage rate in certain years when the tax digest increases in excess of a certain amount. Referred to Committee on County and Urban Affairs.

HR 223. By Representatives Tolbert of the 56th, Richardson of the 52nd, Linder of the 44th and others:
A resolution requesting the Board of Commissioners of DeKalb County

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JOURNAL OP THE SENATE,

to explore certain alternative methods of taxation so as to provide relief for ad valorem taxpayers.
Referred to Committee on County and Urban Affairs.

HR 227. By Representative Toles of the 16th:
A resolution calling on the federal government to make federal funds available to all providers under the Medicaid program who have acted in good faith. Referred to Committee on Human Resources.

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

Senator Lester of the 23rd 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 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 233. Do pass. HB 5. Do pass. HB 6. Do pass. HB 7. Do pass. HB 8. Do pass. HB 9. Do pass. HB 10. Do pass. HB 11. Do pass. HB 12. Do pass. HB 13. Do pass. HB 15. Do pass. HB 16. Do pass. HB 17. Do pass. HB 18. Do pass. HB 297. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

TUESDAY, FEBRUARY 15, 1977

799

Senator Sutton of the 9th 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 House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 283. Do pass. HB 568. Do pass. HB 635. Do pass. HB 636. Do pass. HB 637. Do pass. HB 638. Do pass. HB 652. Do pass. HB 659. Do pass as amended. HB 667. Do pass. HB 669. Do pass. HB 670. Do pass. HB 671. Do pass. HB 673. Do pass. HB 675. Do pass. HB 677. Do pass. HB 680. Do pass. HB 685. Do pass. HB 686. Do pass. HB 690. Do pass. HB 691. Do pass. HR 138. Do pass.
Respectfully submitted, Senator Sutton of the 9th District, Chairman

Senator Barker of the 18th District, Chairman of the Committee on Consumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs has had under consideration the

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following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 272. Do pass by substitute.
SB 204. Do pass by substitute.

Respectfully submitted, Senator Barker of the 18th 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 202. Do pass. HB 211. Do pass.
Respectfully submitted, Seantor 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 House and Senate and has instructed me, as Chiarman, to report the same back to the Senate with the following recommendations:
SB 138. Do pass by substitute. SB 147. Do pass. SB 232. Do not pass. SB 254. Do pass as amended. SB 259. Do pass. SB 260. Do pass. HB 526. Do pass.
Respectfully submitted, Senator Overby of the 49th District, Chairman
The following bills and resolutions of the Senate and House were read the second time:

TUESDAY, FEBRUARY 15, 1977

801

SB 255. By Senator Stumbaugh of the 55th:
A bill to amend an Act known as the "Litter Control Law", as amended, so as to change the penalty for littering.

HB 210. By Representatives Games of the 43rd, Lane of the 40th, Hudson of the 137th and others:
A bill to amend an Act providing for the sale of certain abandoned motor vehicles, as amended, which Act has been codified as Code Chapter 68-23, so as to change certain provisions relative to the defini tion, removal, sale, notice and proceeds of sale of abandoned motor vehicles.

HB 268. By Representatives Parham of the 109th, Cooper of the 19th and Baughof the 108th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, as amended, so as to change the names of the "chief drug in spector", the "assistant inspectors" and the "drug inspector's office".

HB 345. By Representatives Jessup of the 117th, Coleman of the 118th, Jackson of the 9th and Dean of the 29th:
A bill to amend Code Section 95A-957 relating to the maximum width of vehicles permitted upon the public roads, so as to provide certain ex ceptions for buses.

HB 349. By Representative Lane of the 81st:
A bill to amend an Act approved April 18, 1973 known as the Georgia Code of Public Transportation, as amended, so as to define "Urban area" for purposes of the control of outdoor advertising.

HB 350. By Representative Lane of the 81st:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation, as amended, so as to provide the definition of construction to include striping, re-striping, and safety modifications; to provide an effective date.

SB 275. By Senator McGill of the 24th:
A bill to amend an Act creating a new charter for the City of Washing ton, as amended, so as to change the penalty provisions relating to the violation of ordinances and resolutions.

HB 159. By Representatives Richardson of the 52nd, Hawkins of the 50th, Childs of the 51st and others:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the City of Decatur as

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JOURNAL OF THE SENATE,

one of the cities and towns to which the prohibition of said Code Section does not apply.

HB 493. By Representatives Foster and Wheeler of the 152nd:
A bill to amend Code Section 92-4101, relating to the millage limitation imposed upon municipal corporations, as amended, so as to exempt the City of Woodbine therefrom; to provide an effective date.

HB 609. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to authorize the governing authority of Dougherty County to pro vide for a supplement to the salary of the District Attorney and each Assistant District Attorney of the Dougherty Judicial Circuit; to provide an effective date.

HB 621. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to create the Avondale Estates Development Authority; to provide for the appointment of the members of the Authority; to create the Avondale Estates District; to provide for the powers of the Authority; to authorize the Authority to issue revenue bonds.
HB 622. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to amend an Act incorporating the City of Avondale Estates approved Aug. 25, 1927, as amended, so as to change the corporate limits of said city.
HR 8. By Representatives Glover of the 32nd, Adams of the 36th, Carnes, Horton and Greer of the 43rd and others:
A resolution proposing an amendment to the Constitution so as to pro vide the circumstances under which the authority and obligation of the governing authorities of counties which have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1% mills on all property located within the county, upon request of the boards of education of such counties shall be terminated.
HR 10. By Representatives Adams of the 36th, Carnes, Horton and Greer of the 43rd and others:
A resolution proposing an amendment to the Constitution to create within Fulton County the Fulton County Industrial District.
HR 51. By Representative Smith of the 42nd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxation to resident

TUESDAY, FEBRUARY 15, 1977

803

homeowners in the City of Union City who are 65 years of age or older with an annual income of six thousand dollars or less in an amount of four thousand dollars; 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:

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

Evans Fincher Foster Gillis Greene Hill Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk
Pearce Reynolds

Kiley Robinson Scott Shapard Starr Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not answering were Senators:

Dean of 31st Holloway (presiding) Howard

Langford Russell Stephens

Sutton

Senator Bell of the 5th introduced the chaplain of the day, Reverend Thomas Are, pastor of the Shallowford Presbyterian Church, Atlanta, Georgia, who offered prayer.

The following resolutions of the Senate were read and adopted:
SR 96. By Senator Traylor of the 3rd: A resolution expressing regrets at the passing of Mr. Joseph Leroy Miller.
SR 98. By Senator Shapard of the 28th: A resolution commending Mrs. Louise Mathis.

SENATE RULES CALENDAR Tuesday, February 15, 1977
SB 79. Steel Traps for Capturing Animals--unlawful (SUB) SB 165. Special Adult Offender Act--change effective date

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SB 166. Witness from Out of State--transfer of prisoner confined in penal institution
SB 174. Blood Specimens for Determining Alcohol Content--physician not liable (SUB)
SB 209. Jekyll Island-State Park Authority--change membership SB 248. License to Carry Pistol--requirements for application SR 27. Services for the Aged Study Committee--create SR 68. Tax Revision Study Commission--create HB 410. Nonprofit Bingo Games--regulation and licensing (SUB) HB 23. Water Quality--Environmental Protection administer provisions HB 75. Public Safety Department--awards to employees for heroism, etc. HB 130. Arrest and Searce Warrant--fee for application HB 143. Justice of Peace--payment for arrest or search warrant HB 293. Water Quality Control Act--amend policy declared (AM) HB 499. Department of Community Affairs--establish

Respectfully submitted,

/s/ Frank Eldridge, Jr. Eldridge of the 7th, 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 79. By Senator Hudgins of the 15th:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, as amended, so as to provide that it shall be unlawful for any person to use trapping devices commonly known as "steel traps", "steel jaw traps" or "leg-hold traps" for the purpose of capturing animals except under certain circumstances.

The Senate Committee on Natural Resources and Environmental Quality offered the following substitute to SB 79:
A BILL
To be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to provide that it shall be unlawful for any person to use trapping devices commonly known as "steel traps" or "leg-hold traps" for the purpose of capturing certain animals except under certain cir-

TUESDAY, FEBRUARY 15, 1977

805

cumstances; to provide for such circumstances; to provide requirements relative to the use of such traps; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, is is hereby amended by striking the second paragraph of Section 71, which reads as follows:
"Provided, that it shall be lawful for any person to set steel traps within two hundred yards of the residence or dwelling of any such person for the protection of livestock, poultry, or other fowl or domesticated animals from any vermin or predatory animal, bird or fowl.",

in its entirety.
Section 2. Said Act is further amended by adding a new Section 80C between Sections SOB and 81 to read as follows:
"Section 80C. It shall be unlawful for any person to use trap ping devices commonly known and referred to as 'steel traps' or 'leghold traps' for the purpose of capturing wild animals, except with the written permission of the landowner or his designee for the purpose of capturing rodents and destructive or dangerous animals. Any such traps shall be tended at least once each day during day light 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."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Gillis of the 20th offered the following substitute to the committee substitute to SB 79:
A BILL
To amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to provide requirements relative to the use of trapping devices; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. An Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, is hereby amended by striking the second paragraph of Section 71, which reads as follows:

"Provided, that it shall be lawful for any person to set steel traps within two hundred yards of the residence or dwelling of any such person for the protection of livestock, poultry, or other fowl or domesticated animals from any vermin or predatory animal, bird or fowl.",

in its entirety.

Section 2. Said Act is further amended by adding a new Section 80C between Sections SOB and 81 to read as follows:

"Section 80C. It shall be unlawful for any person to use trap ping devices for the purpose of capturing wild animals, except with the written permission of the landowner or his designee. Any such traps shall be tended at least once each day. 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."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute offered by Senator Gillis of the 20th, Senator Hudgins of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bell Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan

Eldridge English Evans Fincher Foster Gillis Johnson Kennedy Lester

McGill Overby Reynolds Starr Summers Sutton Timmons Traylor Tysinger

Those voting in the negative were Senators:

Ballard Banks Barnes Bond Brantley Broun of 46th Coverdell Greene Hill

Howard Hudgins Hudson Kidd Paulk Pearce Riley Robinson Russell

Scott Shapard Stephens Stumbaugh Tate Thompson Turner Walker Wessels

TUESDAY, FEBRUARY 15, 1977

807

Not voting were Senator Holloway (presiding) and Senator Langford.

On the adoption of the substitute, the yeas were 27, nays 27; Senator Holloway of the 12th, President Pro Tempore who was presiding, voted nay, and the substitute offered by Senator Gillis of the 20th was lost.

On the adoption of the substitute offered by the Committee on Natural Resources and Environmental Quality, Senator Holloway of the 12th, President Pro Tempore, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Coverdell Dean of 31st Doss Eldridge English Evans Foster Gillis

Greene Hill
Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Brown of 47th Carter

Dean of 6th

Duncan

Those not voting were Senators:

Fincher

Holloway (presiding)

Langford

On the adoption of the substitute, the yeas were 49, nays 4, 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:

Allgood Ballard Banks

Barnes Bond Brantley

Broun of 46th Coverdell Dean of 31st

808

JOURNAL OF THE SENATE,

Eldridge English Evans Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy

Kidd Lester McGill Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard

Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Walker Wessels

Those voting in the negative were Senators:

Barker Bell Brown of 47th Carter Dean of 6th

Doss Duncan Fincher Foster Overby

Summers Timmons Tysinger

Those not voting were Senators Holloway (presiding) and Langford.

On the passage of the bill, the yeas were 41, nays 13.

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

Senator Thompson of the 32nd introduced the doctor of the day, Dr. Jud Black, of Atlanta, Georgia.

SB 165. By Senators Robinson of the 27th and Kennedy of the 4th:
A bill to amend an Act known as the "Georgia Special Adult Offender Act of 1975", as amended, so as to change the effective date 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:

Allgood Ballard Banks Barker Barnes Bell
Brantley Broun of 46th Brown of 47th Carter

Dean of 6th Dean of 31st Doss Duncan Eldridge English
Evans Fincher Foster Gillis

Greene Hill Howard Hudgins Hudson Johnson
Kennedy Kidd Lester McGill

TUESDAY, FEBRUARY 15, 1977

809

Overby Paulk Pearce Reynolds Riley Robinson Russell

Scott Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Traylor Turner Tysinger Walker
Wessels

Those not voting were Senators:

Bond Coverdell

Holloway (presiding) Langford

Timmons

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was

The President assumed the Chair.

SB 166. By Senator Kennedy of the 4th:
A bill to amend an Act known as "The Uniform Act to Secure the Attendance of Witnesses From Without the State", so as to provide that when a jurisdiction requests that a prisoner confined in a penal insti tution in this State be required to testify in a criminal proceeding in the requesting jurisdiction, the requesting jurisdiction may be required to perform the physical transfer of the prisoner to and from the requesting jurisdiction.

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:

Allgood Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th
Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English
Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens
Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Walker Wessels

810

JOURNAL OF THE SENATE,

Those not voting were Senators:

Ballard Bond

Coverdell Hudgins

Langford Tysinger

On the passage of the bill, the yeas were 50, nays 0.

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

SB 174. By Senator Banks of the 17th:
A bill to amend Code Section 68A-902.1, relating to the chemical tests of a person's blood, breath, urine or other bodily substances, so as to pro vide that physicians, registered nurses, or other qualified persons shall incur no civil or criminal liability as a result of the proper obtaining of blood specimens for the purpose of determining the alcoholic content thereof when requested in writing by a law enforcement officer to administer such test.

The Senate Committee on Human Resources offered the following substitute to SB 174:
A BILL
To be entitled an Act to amend Code Section 68A-902.1, relating to the chemical tests of a person's blood, breath, urine or other bodily sub stances, so as to provide that physicians, registered nurses, or other qualified persons or employers thereof shall incur no civil or criminal liability as a result of the medically proper obtaining of blood specimens when requested in writing by a law enforcement officer; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 68A-902.1, relating to chemical tests is here by amended by deleting paragraph (2) of subsection (a) of Code Section 68A-902.1 and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) When a person shall undergo a chemical test at the request of a law enforcement officer under the provisions of Code Section 68B-306, as now or hereafter amended, only a physician, registered nurse, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

TUESDAY, FEBRUARY 15, 1977

811

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 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:

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

Evans Fincher Foster Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Those not voting were Senators :

Gillis Hudgins

Langford

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Riley

On the passage of the bill, the yeas were 52, nays 0.

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

SB 209. By Senator Dean of the 6th:
A bill to amend an Act known as the "Jekyll Island-State Park Au thority Act", as amended, so as to change the membership of the Authority.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

812

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:

Barker Brantley Carter Dean of 6th Eldridge

Holloway Kidd Paulk Pearce Russell

Stephens Stumbaugh Timmons Traylor Turner

Those voting in the negative were Senators:

Allgood Ballard Barnes Bell Bond Broun of 46th Brown of 47th Coverdell Dean of 31st Doss English Evans

Foster Gillis Greene Hill
Howard Johnson Kennedy Lester McGill Reynolds Riley

Robinson Scott Shapard Starr Summers Sutton Tate Thompson Tysinger Walker Wessels

Those not voting were Senators :

Banks Duncan Fincher

Hudgins Hudson

Langford Overby

On the passage of the bill, the yeas were 15, nays 34.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Dean of the 6th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 209.

Senator Stephens of the 36th moved that the following bill of the Senate be withdrawn from consideration of the Senate:
SB 121. By Senator Stephens of the 36th: A bill to amend the "Georgia Criminal Justice Act," so as to provide for the appropriation and distribution of State funds.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 121 was withdrawn from consideration of the Senate.
Senator Broun of the 46th moved that the following bill of the Senate be withdrawn from the Committee on Banking, Finance and Insurance and com mitted to the Committee on Transportation:

TUESDAY, FEBRUARY 15, 1977

813

SB 261. By Senator Broun of the 46th:
A bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, as amended, so as to authorize the State Revenue Commissioner to extend the life of five-year license plates.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 261 was withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Transportation.

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 248. By Senator Bell of the 5th:
A bill to amend Code Section 26-2904, relating to licenses to carry pistols or revolvers, as amended, so as to change the provisions relative to the requirements for applications for such licenses.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge English Evans Foster

Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Wessels

Those voting in the negative were Senators:

Dean of 6th

Doss

Fincher

Those not voting were Senators:

Duncan

Gillis

Walker

On the passage of the bill, the yeas were 50, nays 3.

814

JOURNAL OF THE SENATE,

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

SR 68. By Senators Johnson of the 34th, Shapard of the 28th, Evans of the 37th and others:
A resolution creating the Georgia Tax Revision Study Commission.

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

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

Those voting in the affirmative were Senators:

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

Poster Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean of 6th

Duncan

Gillis

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

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

HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games.
Senate Sponsor: Senator Scott of the 43rd.

TUESDAY, FEBRUARY 15, 1977

815

Senator Scott of the 43rd moved to postpone HB 410 until 10:00 o'clock A.M. Wednesday, February 16.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 410 was postponed until 10:00 o'clock A.M. Wednesday, February 16.

HB 23. By Representatives Lambert of the 112th, and Carlisle and Mostiler of the 71st:
A bill to provide for the regulation of the quality of water in Georgia's public water systems which are used to provide the public with piped water for human consumption; to designate the Division of Environ mental Protection of the Department of Natural Resources as the State agency to administer the provisions of this Act; to provide for the enforcement of drinking water rules and regulations.
Senate Sponsor: Senator Starr of the 44th.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Dean of 6th

Eldridge

Timmons

Those not voting were Senators:

Duncan

Hudgins

Russell

On the passage of the bill, the yeas were 50, nays 3.

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

816

JOURNAL OP THE SENATE,

HB 75. By Representative McDonald of the 12th:
A bill to authorize the Department of Public Safety to make awards to employees of the Department in recognition of outstanding service, heroism and other exemplary acts to or on behalf of the Department or State; to provide for defraying the costs thereof.
Senate Sponsor: Senator Broun of the 46th.

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 aa follows:

Those voting in the affirmative were Senators:

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

English Evans Fincher Foster Greene
Holloway
Howard Hudson Johnson Kennedy Kidd Langford
Lester McGill
Overby Paulk Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons
Traylor Turner Walker Wessels

Those not voting were Senators :

Gillis Hill

Hudgins Pearce

Russell Tysinger

On the passage of the bill, the yeas were 50, nays 0.

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

HB 130. By Representatives Butler, Johnston and Tolbert of the 56th and others:
A bill to amend Code Section 24-1601, relating to fees for justices of the peace, so as to provide a fee for applications for arrest and search warrants; to repeal the fees provided for issuing arrest and search warrants.
Senate Sponsor: Senator Greene of the 26th.

TUESDAY, FEBRUARY 15, 1977

817

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:

Allgood Ballard Banks Barker
Barnes Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 46th Dean of 31st Doss Duncan Eldridge English Evans

Pincher Poster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford McGill Overby Paulk

Reynolds Riley Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Walker Wessels

Those not voting were Senators :

Bell Carter Lester

Pearce Robinson

Russell Tysinger

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

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

HB 143. By Representatives Butler, Johnston and Tolbert of the 56th and others:
A bill to amend an Act providing for the manner in which justices of the peace and notaries public ex officio justices of the peace shall be compensated in criminal cases, so as to provide for compensation in criminal cases where application has been made for the issuance of an arrest or search warrant.
Senate Sponsor: Senator Greene of the 26th.

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:

818

JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

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

Evans Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds Robinson
Scott Shapard
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Walker Wessels

Those not voting were Senators:

Carter Hill

Pearce Riley

Russell Tysinger

On the passage of the bill, the yeas were 50, nays 0.

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

HB 293. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act known as the "Georgia Water Quality Control Act", approved March 11, 1964, as amended, so as to amend the policy declared; to require the establishment or revision of permissible limits of surface water usage.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend HB 293 by deleting on Page 5, line 34, the following:
"and processing of poultry products",
and
By deleting beginning on Page 14, line 8, the following:
"Such rules and regulations shall not have the force of law unless and until approved by a subcommittee of three members of the Committee in the House to which it was referred appointed by the Chairman thereof and three members of the Committee in the Senate

TUESDAY, FEBRUARY 15, 1977

819

to which it was referred appointed by the Chairman thereof. Such approved rules and regulations shall expire at the end of the following next regular session of the General Assembly unless ap proved and ratified by the General Assembly at the said session."

On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.

Senators Starr of the 44th, Foster of the 50th and Gillis of the 20th offered the following amendment:

Amend HB 293 as follows:
1) By inserting in the title in line 3 on Page 2 between the word and semicolon "persons;" and the word "to" the following:
"to provide certain requirements and procedures relative to permits for the withdrawal and transfer of surface waters across natural basins."
2) By redesignating subsection (14) of quoted Section 10A of Sec tion 3 as subsection (15) and by adding a new subsection (14) of said quoted Section 10A to read as follows:
"(14) In the consideration of applications for permits which if granted would authorize the withdrawal and transfer of surface waters across natural basins, the Director shall be bound by the following requirements:
(a) The Director shall give due consideration to competing applications for permits which would not involve interbasin transfers of surface water and subject to subsection 5 of this Section, shall endeavor to allocate a reasonable supply of surface waters to such applicants.
(b) The Director shall provide a press release regarding the proposed issuance of all permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the State which would be affected by such issuance. The press release shall be provided at least 7 days before the issuance of these permits. If the Director should determine that sufficient public interest warrants a public hearing on the issuance of these permits, he shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these permits."
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 as amended, was agreed to as amended.

820

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:

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy
Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Walker Wessels

Those voting in the negative were Senators:

Dean of 6th

Eldridge

Sutton

Not voting was Senator Tysinger.

On the passage of the bill, the yeas were 52, nays 3.

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

HB 499. By Representatives Lambert of the 112th and Carlisle of the 71st: A bill to establish a Department of Community Affairs and provide its powers, duties and functions; to create the Board of Community Affairs and provide its functions, composition and operation; to create the office of Commissioner of Community Affairs.
Senate Sponsor: Senator Starr of the 44th.
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:

Allgood Ballard Banks

Barker Barnes Bell

Bond Brantley Broun of 46th

TUESDAY, FEBRUARY 15, 1977

821

Brown of 47th Carter Cover dell Dean of 31st Doss Duncan English Fincher Foster Gillis Greene Hill Holloway Howard

Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Walker Wessels

Those voting in the negative were Senators:

Dean of 6th

Eldridge

Evans

Those not voting were Senators Hudgins and Tysinger.

On the passage of the bill, the yeas were 51, nays 3.

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

SR 27. By Senators Barnes of the 33rd, Shapard of the 28th, Turner of the 8th and others:
A resolution creating the Services for the Aged Study Committee.

Senator Barnes of the 33rd moved to postpone SR 27 until 10:15 o'clock A.M. Wednesday, February 16.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 27 was postponed until 10:15 o'clock A.M. Wednesday, February 16.

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 12:20 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

822

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Wednesday, February 16, 1977

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Johnson of the 34th reported that the Journal of yesterday's pro ceedings had been read and found correct.
Senator Dean of the 6th moved that the Senate reconsider its action of February 15 in defeating the following bill of the Senate:
SB 209. By Senator Dean of the 6th: 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.
On the motion, the yeas were 10, nays 19; the motion was lost, and SB 209 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 bills of the House and Senate:

HB 95. By Representatives Waddle of the 113th, Watson of the 114th and Crosby of the 150th:
A bill to amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, so as to make it unlawful for any person knowingly to bring into this State a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to adjustments to the odometer.

HB 214. By Representatives Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to provide additional provisions relative to death benefits.

HB 328. By Representatives Mullinax of the 69th, Hanner of the 130th, Rush of the 121st and others:
A bill to amend an Act providing for the comprehensive treatment of

WEDNESDAY, FEBRUARY 16, 1977

823

alcoholism and intoxication, so as to change the policy of the State with respect to persons found incapacitated by alcohol in public places.

HB 501. By Representatives Howell of the 140th, Lee of the 72nd, Greer of the 43rd and others:
A bill to amend the Campaign and Financial Disclosure Act, as amended, so as to change the name of the State Ethics Commission to the State Campaign and Financial Disclosure Commission; to provide for investiga tions by said Commission.

HB 502. By Representatives Lambert of the 112th, Connell of the 87th, Lee of the 72nd and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to provide that the Department of Medical Assistance shall administer the State Plan for Medical Assistance; and further, to provide for a short title; to provide for certain definitions.

HB 513. By Representatives Isakson and Nix of the 20th and Burruss of the 21st:
A bill to amend Code Section 84-1421, relating to unfair practices under provisions respecting real estate brokers and salesmen, as amended, so as to provide that payments to the estate or heirs of a deceased real estate broker, associate broker or real estate salesperson shall not be construed to be an unfair practice.
HB 611. By Representative Vaughn of the 57th:
A bill to amend Code Title 40, relating to the executive department, as amended, so as to provide for the disposition of State-owned surplus books and other printed material; to provide for definitions; to provide for administration by the Secretary of State.
HB 629. By Representative Greer of the 43rd:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to authorize the Board of Directors of the Authority to waive competitive bidding requirements in the sale, lease, exchange or other disposition of real property owned by the authority as specified in this Act.
HB 631. By Representatives Tolbert, Butler and Johnston of the 56th:
A bill to amend Code Chapter 34-14 relating to absentee voting, as amended so as to change the provisions relative to the challenge of ab sentee ballots; to delete certain provisions relative to the challenge of absentee ballots.
HB 678. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, known as the "Financial Institutions Code of Georgia", as amended, so as to include national banks located in

824

JOURNAL OP THE SENATE,

this State for the purpose of applying Chapter 41A-38 relating to multiple deposits.

SB 104. 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 successors to the judge initially appointed.

HB 765. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to provide for hospitalization insurance for certain county elected officials; to provide for the cost of such insurance.

HB 766. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, as amended, so as to increase the salary of the clerk of the superior court.

HB 768. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to change the compensation and travel ex pense allowance of the commissioner; to provide an effective date.

HB 772. By Representative Ham of the 80th:
A bill to amend an Act to provide for the addition of two members to the Board of Education of Monroe County, so as to permit a single grand jury to fill more than one vacancy on the board.

HB 774. By Representatives Buck of the 95th, Cason of the 96th, Bishop of the 94th and others:
A bill to amend an Act creating the Muscogee County School District, as amended, so as to change the maximum amount for which the Super intendent of the Board of Education may make contracts.

HB 775. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act to create the City of Dublin and County of Laurens Development Authority, as amended, so as to add additional members to the authority; to provide for appointment and terms of office.

HB 782. By Representative Rainey of the 135th:
A bill to provide a new Charter for the City of Unadilla in the County of Dooly; to provide for the corporate powers of said City; to provide

WEDNESDAY, FEBRUARY 16, 1977

825

for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.

HB 783. By Representative Phillips of the 120th:
A bill to amend an Act establishing a new charter for the Town of Higgston, as amended, so as to change the term of office of the mayor and council.

HB 784. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Wheeler County and creating the office of Tax Commis sioner of Wheeler County, as amended, so as to place the Tax Com missioner of Wheeler County on an annual salary in lieu of all fees, commissions, costs, fines, emoluments, and perquisites received by the tax commissioner; to provide an effective date.

HB 789. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to provide for the fiscal administration of the office of the Sheriff of Catoosa County; to provide for an annual budget; to provide for an annual salary for the sheriff; to provide for a fiscal year.

HB 796. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the State Court of Muscogee County, as amended, so as to change the compensation of the Judge of the State Court, the solicitor of the State Court and the second Assistant Solicitor of the State Court; to provide an effective date.

HB 797. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
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, as amended, so as to change the compensation of the judge, clerk and marshal of said court.

HB 798. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the salary of the Judge of the Probate Court of Muscogee County, as amended, so as to change the salary of the judge of the probate court.
HB 799. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act abolishing the offices of the Tax Receiver and

826

JOURNAL OP THE SENATE,

Tax Collector of Muscogee County and creating the office of tax com missioner of said county, as amended, so as to change the compensation of the tax commissioner.

HB 800. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, as amended, so as to change the salary of the clerk of the superior court; to provide an effective date.

HB 801. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the salary of the Sheriff of Muscogee County, as amended, so as to change the salary of the sheriff; to provide an effective date.

SB 222. By Senator Doss of the 52nd:
A bill to amend an Act placing the District Attorney of the Rome Judicial Circuit on an annual salary, as amended, so as to change the compensation provisions relating to the Assistant District Attorney to conform to State standards.

SB 223. By Senator Doss of the 52nd:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide for annual salaries of the members of the board of education.

SB 225. By Senator Reynolds of the 48th:
A bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Gwinnett County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner.

SB 226. By Senator Reynolds of the 48th:
A bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis of compensation, so as to change the provisions relative to the compensation of the Sheriff, Clerk of the Superior Court, and Judge of the Probate Court of Gwinnett County.

SB 227. By Senator Reynolds of the 48th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, so as to change the compensation of the Chairman of the Board of Commissioners of Gwinnett County.

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827

HB 64. By Representatives Murphy of the 18th, Adams of the 79th, Irvin of the 10th and others:
A bill to amend an Act creating the Public Employees' Retirement sys tem so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System.

SB 158. By Senator Reynolds of the 48th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, as amended.

HB 610. By Representative Vaughn of the 57th:
A bill to create a Board of Commissioners for Rockdale County; to provide for the membership of said Board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said Board.

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

SB 302. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary, as amended, so as to change the provisions relating to deputy sheriffs, radio operators, jailers and secretaries, and their com pensation. Referred to Committee on County and Urban Affairs.

SB 303. By Senators Gillis of the 20th and English of the 21st:
A bill to provide requirements relative to trappers and fur dealers; to provide for definitions; to provide for unlawful trapping and other activities relative thereto; to provide that fur dealers must be licensed; to provide certain conditions relative to fur dealers' licenses. Referred to Committee on Natural Resources and Environmental Quality.

SB 304. By Senator Tysinger of the 41st:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change the method of selection of members of the Board; to provide for election of certain members of the Board; to provide for terms of office. Referred to Committee on Transportation.
SB 305. By Senator Traylor of the 3rd:
A bill to create and establish a Small Claims Court in and for Bryan County; to prescribe the jurisdiction of said court; to prescribe the

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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.

SB 306. 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 307. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to amend an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to delegate certain authority for amending the Act to the governing authority of Cobb County.
Referred to Committee on County and Urban Affairs.

SB 308. By Senators Coverdell of the 40th and Brantley of the 56th:
A bill to provide for programs for offender education in Georgia; to provide for a short title and for the purposes of said Act; to provide for creation of said Act; to provide for the application of said Act; to provide for a plan of implementation; to provide for funding. Referred to Committee on Offender Rehabilitation.

SB 309. By Senators Shapard of the 28th and Evans of the 37th:
A bill to amend an Act known as the "Marriage and Family Counselor Licensing Act", so as to change certain definitions; to change the pro visions relative to qualifications for licensure as a practicing marriage and family counselor. Referred to Committee on Human Resources.

SB 310. By Senators Greene of the 26th, Pearce of the 16th, Barnes of the 33rd and others:
A bill to amend Code Section 26-1601, relating to burglary, so as to redefine the crime of burglary; to provide that it shall be unlawful to enter or remain in a railroad car with the intent to commit a felony or theft. Referred to Committee on Judiciary.

SB 311. By Senators Barnes of the 33rd, Evans of the 37th, Howard of the 42nd and others:
A bill to amend Code Title 27, relating to criminal procedure, as amended, so as to provide an alternative method of determining the appropriate

WEDNESDAY, FEBRUARY 16, 1977

829

pretrial status of persons charged with criminal offenses; to provide for conditions of release, including a cash deposit bail procedure.
Referred to Committee on Judiciary.

SB 312. By Senator Fincher of the 54th:
A bill to amend Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates, as amended. Referred to Committee on Human Resources.

SR 97. By Senator Bell of the 5th:
A resolution creating the DeKalb County Government Study Committee. Referred to Committee on County and Urban Affairs.

SR 99. By Senators Tysinger of the 41st, Brown of the 47th and Reynolds of the 48th:
A resolution creating the Power Plant Siting Study Committee. Referred to Committee on Higher Education.

SR 101. By Senators Coverdell of the 40th and Evans of the 37th:
A resolution urging the development of guidelines for the application of Senate Rule 180. Referred to Committee on Rules.

SR 102. By Senators Coverdell of the 40th, Howard of the 42nd, Banks of the 17th and others:
A resolution relative to the distribution of the "Report of the Senate Study Committee on Young Adult Involvement". Referred to Committee on Rules.

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

HB 765. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to provide for hospitalization insurance for certain county elected officials; to provide for the cost of such insurance. Referred to Committee on County and Urban Affairs.

HB 766. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act placing the Judge of the Probate Court and

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Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, as amended, so as to increase the salary of the Clerk of the superior court.
Referred to Committee on County and Urban Affairs.

HB 768. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to change the compensation and travel ex pense allowance of the commissioner; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 772. By Representative Ham of the 80th:
A bill to amend an Act to provide for the addition of two members to the Board of Education of Monroe County, so as to permit a single grand jury to fill more than one vacancy on the board. Referred to Committee on County and Urban Affairs.

HB 774. By Representatives Buck of the 95th, Cason of the 96th, Bishop of the 94th and others:
A bill to amend an Act creating the Muscogee County School District, as amended, so as to change the maximum amount for which the Superintendent of the Board of Education may make contracts. Referred to Committee on County and Urban Affairs.
HB 775. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act to create the City of Dublin and County of Laurens Development Authority, as amended, so as to add additional members to the authority; to provide for appointment and terms of office. Referred to Committee on County and Urban Affairs.
HB 782. By Representative Rainey of the 135th:
A bill to provide a new Charter for the City of Unadilla in the County of Dooly; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections. Referred to Committee on County and Urban Affairs.
HB 783. By Representative Phillips of the 120th:
A bill to amend an Act establishing a new charter for the Town of Higgston, as amended, so as to change the term of office of the mayor and council. Referred to Committee on County and Urban Affairs.
HB 784. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Wheeler County and creating the office of Tax Comniis-

WEDNESDAY, FEBRUARY 16, 1977

831

sioner of Wheeler County, as amended, so as to place the Tax Com missioner of Wheeler County on an annual salary in lieu of all fees, commissions, costs, fines, emoluments, and perquisites received by the tax commissioner; to provide an effective date.
Referred to Committee on County and Urban Affairs.

HB 789. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to provide for the fiscal administration of the office of the Sheriff of Catoosa County; to provide for an annual budget; to provide for an annual salary for the sheriff; to provide for a fiscal year. Referred to Committee on County and Urban Affairs.

HB 796. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the State Court of Muscogee Coun ty, as amended, so as to change the compensation of the Judge of the State Court, the solicitor of the State Court and the second Assistant Solicitor of the State Court; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 797. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
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, as amended, so as to change the compensation of the judge, clerk and marshal of said court. Referred to Committee on County and Urban Affairs.

HB 798. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the salary of the Judge of the Probate Court of Muscogee County, as amended, so as to change the salary of the judge of the probate court. Referred to Committee on County and Urban Affairs.

HB 799. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax com missioner of said county, as amended, so as to change the compensation of the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 800. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing a salary for the Clerk of the

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Superior Court of Muscogee County, as amended, so as to change the salary of the clerk of the superior court; to provide an effective date.
Referred to Committee on County and Urban Affairs.

HB 801. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th, and others:
A bill to amend an Act establishing the salary of the Sheriff of Muscogee County, as amended, so as to change the salary of the sheriff; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 64. By Representatives Murphy of the 18th, McDonald of the 12th, Adams of the 79th and others:
A bill to amend an Act creating the Public School Employees' Retire ment System so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System. Referred to Committee on Retirement.
HB 95. By Representatives Waddle of the 113th, Watson of the 114th and Crosby of the 150th:
A bill to amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, so as to make it unlawful for any person knowingly to bring into this State a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to adjustments to the odometer. Referred to Committee on Consumer Affairs.
HB 214. By Representatives Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to provide additional provisions relative to death benefits. Referred to Committee on Retirement.
HB 328. By Representatives Mullinax of the 69th, Hanner of the 130th, Rush of the 121st and others:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved Mar. 18, 1974, as amended, so as to change the policy of the State with respect to persons found in capacitated by alcohol in public places. Referred to Committee on Human Resources.

HB 501. By Representatives Howell of the 140th, Lee of the 72nd, Phillips of the 120th and others:
A bill to amend the Campaign and Financial Disclosure Act, as amended, so as to change the name of the State Ethics Commission to the State

WEDNESDAY, FEBRUARY 16, 1977

833

Campaign and Financial Disclosure Commission; to provide for in vestigations by said Commission.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 502. By Representatives Lambert of the 112th, Connell of the 87th, Lee of the 72nd and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to provide that the Department of Medical Assistance shall administer the State Plan for Medical Assistance; and further, to provide for a short title ("Executive Reorganization Act of 1972"); to provide for certain definitions.
Referred to Committee on Human Resources.

HB 513. By Representatives Isakson and Nix of the 20th and Burruss of the 21st:
A bill to amend Code Section 84-1421, relating to unfair practices under provisions respecting real estate brokers and salesmen, as amended, so as to provide that payments to the estate or heirs of a deceased real estate broker, associate broker or real estate salesperson shall not be construed to be an unfair practice.
Referred to Committee on Banking, Finance and Insurance.

HB 610. By Representative Vaughn of the 57th:
A bill to create a Board of Commissioners for Rockdale County; to provide for the membership of said Board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said Board. Referred to Committee on County and Urban Affairs.

HB 611. By Representative Vaughn of the 57th:
A bill to amend Code Title 40, relating to the executive department, as amended, so as to provide for the disposition of State-owned surplus books and other printed material; to provide for definitions; to provide for administration by the Secretary of State.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 629. By Representative Greer of the 43rd:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to authorize the Board of Directors of the Authority to waive competitive bidding requirements in the sale, lease, exchange or other disposition of real property owned by the au thority as specified in this Act.
Referred to Committee on Transportation.

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HB 631. By Representatives Tolbert, Butler and Johnston of the 56th and others:
A bill to amend Code Chapter 34-14 relating to absentee voting, as amended, so as to change the provisions relative to the challenge of absentee ballots; to delete certain provisions relative to the challenge of absentee ballots. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 678. By Representative Pinkston of the 100th: A bill to amend Code Title 41A, known as the "Financial Institutions Code of Georgia", as amended, so as to include national banks located in this State for the purpose of applying Chapter 41A-38 relating to multiple deposits.
Referred to Committee on Banking, Finance and Insurance.
The following reports of standing committees were read by the Secretary:
Senator Sutton of the 9th 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 612. Do pass. HB 613. Do pass. HB 614. Do pass. HB 615. Do pass. HB 616. Do pass. HB 617. Do pass. HB 618. Do pass as amended. HB 643. Do pass. HB 666. Do pass. HB 700. Do pass. HB 701. Do pass. HB 711. Do pass. HB 713. Do pass. HB 714. Do pass. HB 717. Do pass. HB 718. Do pass.

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835

HB 720. Do pass. HB 721. Do pass. HB 728. Do pass. HR 164. Do pass. HR 173. Do pass. HR 174. Do pass. HR 178. Do pass. HR 179. Do pass. HR 180. Do pass. HR 181. Do pass. HR 184. Do pass.

Respectfully submitted, Senator Sutton of the 9th District, Chairman

Senator Russell of the 10th 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 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 87. Do pass. Respectfully submitted, Senator Russell of the 10th District, Chairman

Senator Langford of the 51st District, Chairman of the Committee on Econ omy, 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 263. Do pass.
HB 121. Do pass.
HB 86. Do pass. HB 58. Do pass by substitute.
HB 487. Do pass.

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HB 488. Do pass. HB 657. Do pass. HB 658. Do pass. HB 25. Do pass as amended. HB 151. Do pass. HB 34. Do pass. HR 210. Do pass.
Respectfully submitted, Senator Langford of the 51st 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 resolu tion of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 82. Do pass.
Respectfully submitted, Senator Carter of the 14th District, Chairman

Senator Hill of the 29th District, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. President:
Your Committee on Interstate Cooperation 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 168. Do pass. Respectfully submitted, Senator Hill of the 29th 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 36. Do pass by substitute. SB 264. Do pass.

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837

SB 285. Do pass. HB 32. Do pass. HB 67. Do pass. HB 128. Do pass. HB 156. Do pass. HB 509. Do pass as amended. HB 598. Do pass.
Respectfully submitted, Senator Overby of the 49th 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 249. Do pass. SB 250. Do pass.
Respectfully submitted, Senator Kennedy of the 4th District, Chairman

Senator Summers of the 53rd 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 109. Do pass as amended. SB 154. Do pass.
Respectfully submitted, Senator Summers of the 53rd 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

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JOURNAL OF THE SENATE,

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 86. Do not pass. SR 79. Do pass. HR 35. Do pass. HR 41. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

SB 283. By Senator Kidd of the 25th:
A bill to change the fee of the coroner of any county of this State 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 future such census, for summoning an inquest on a dead body and returning an inquisition.

HB 568. By Representatives Randall of the 101st, Lucas of the 102nd, Birdsong of the 103rd and others:
A bill to change certain provisions creating the Civil Service System and Board of Bibb County, so as to change the number of members of said Board; to provide for terms and appointment of said members; to provide for a quorum.

HB 635. By Representatives Johnson, Lee, Benefield and Wood 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 compensa tion so as to change the compensation of said officer.
HB 636. By Representatives Johnson, Lee, Benefield and Wood 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 said officers.
HB 637. By Representatives Johnson, Lee, Benefield and Wood 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 said officer.
HB 638. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to provide for a county supplement to the State salary of the

WEDNESDAY, FEBRUARY 16, 1977

839

District Attorney of the Clayton Judicial Circuit; to provide the proce dures connected therewith; to provide an effective date.
HB 652. By Representatives Mann, Milford and Clark of the 13th:
A bill to amend an Act entitled "An Act to provide a board of com missioners for the County of Elbert", as amended, so as to change the compensation of the Chairman of said board of commissioners.
HB 659. By Representative Castleberry of the lllth:
A bill to provide a new Charter for the City of Preston in the County of Webster; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.
HB 667. By Representative Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Chatsworth, as amended, so as to redefine the corporate limits of said city.
HB 669. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to provide for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this State having a population of not less than 103,000 and not more than 135,000, according to the U. S. Decennial Census of 1970.
HB 670. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th, and Money of the 5th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Walker County and providing in lieu thereof an annual salary, as amended.
HB 671. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, as amended, so as to change the compensation which may be paid to the clerk-typist of the district attorney.

HB 673. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and others:
A bill to amend an Act creating a new Charter for the City of Rossville so as to change the provisions relating to the terms of office of the Mayor and Councilmen of the City of Rossville.

HB 675. By Representatives Taggart of the 125th, Hill of the 127th, Jones of the 126th and others:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, as amended, so as to change the date of regular elections for the City of Savannah Beach, Tybee Island.

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JOURNAL OF THE SENATE,

HB 677. By Representative Rainey of the 135th:
A bill to provide a new Charter for the City of Vienna in the County of Dooly; to provide for the corporate powers of said city; to provide for the governing authority; to provide for the administrative affairs of said city; to provide for municipal court; to provide for elections.

HB 680. By Representative Lord of the 105th:
A bill to amend an Act abolishing the fee system for the Sheriff of Glascock County and providing in lieu thereof an annual salary, so as to change certain provisions relating to the sheriffs furnishing an auto mobile and receiving compensation therefor.

HB 685. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, as amended, so as to change the compensation of the County Commissioner of Haralson County; to provide an effective date.

HB 686. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County, as amended, so as to change the provisions relating to an expense account for the Treasurer of Haralson County; to provide an effective date.

HB 690. By Representatives Foster and Wheeler of the 152nd and Hudson of the 137th:
A bill to amend an Act to create and establish a Small Claims Court in and for Coffee County, so as to change the jurisdictional amount of the court; to require issuance of service from said court within a specified period of time after the filing of a claim.

HB 691. By Representatives Foster and Wheeler of the 152nd and Stone and Greene of the 138th:
A bill to provide for the election of members of the Board of Education of Pierce County; to provide the manner of electing members to the board; to provide for compensation of the members of the Board; to provide for the filling of vacancies on the Board.

HR 138. By Representatives Hill of the 127th and Scott of the 123rd:
A resolution proposing an amendment to the Constitution so as to au thorize the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum election under certain conditions; to provide for the submission of this amendment for ratification or rejection.

SB 138. By Senator Barnes of the 33rd:
A bill to amend an Act providing for modification of permanent alimony adjustments, as amended, so as to remove a limitation upon the filing of petitions.

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841

SB 147. By Senators Russell of the 10th and Timmons of the llth:
A bill to amend Code Section 68B-311, relating to limited driving permits for first offenders, so as to change the provisions for obtaining a limited driving permit by a person whose driver's license has been revoked; to provide an effective date.

SB 233. By Senators Brantley of the 56th and Stumbaugh of the 55th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the owner of a motor vehicle shall possess a current and valid liability insurance policy stipulating at least minimum insurance coverage or be self-insured before the person operating an official inspection station shall issue a new certificate of inspection and approval.

SB 254. By Senator Stumbaugh of the 55th:
A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, as amended, so as to authorize the dissemina tion of certain information to certain persons.

SB 259. By Senators Johnson of the 34th, Doss of the 52nd and Hudson of the 35th:
A bill to amend an Act to prohibit certain unauthorized transfers and reproductions of recorded material, so as to change the penalty for violation of the provisions of the Act.

SB 260. By Senator Pearce of the 16th:
A bill to amend Code Chapter 110-10, relating to dormant judgments and their revival, as amended, so as to exclude certain judgments from the application of dormancy and statute of limitations provisions.

SB 272. By Senators Johnson of the 34th, Riley of the 1st, Wessels of the 2nd and others:
A bill to create the position of Consumers' Utility Counsel; to provide for a statement of purpose and intent; to provide for definitions; to provide for the appointment and employment of the Consumers' Utility Counsel.

HB 5. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Chapter 92-52, relating to the requiring of tax collectors to prepare and keep special or occupational tax digests, proce dures connected with preparing and maintaining special or occupational tax digests, and remittances of delinquent taxes.

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JOURNAL OF THE SENATE,

HB 6. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-5801, relating to the application of the provisions of Code Chapter 92-58; to repeal Code Section 92-5803, relating to when special or occupation taxes become delinquent.

HB 7. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to amend an Act relating to the taxing of cigars, cigarettes, little cigars, cherootes and stogies so as to provide that each such tax stamp or other indication of the pay ment of the tax shall show the amount of tax paid."

HB 8. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-111, relating to the ad valorem tax for sinking fund for retirement of State bonds and to meet appropriations, as amended by Paragraph 2 of Section 2 of an Act approved March 28, 1935.

HB 9. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to provide for the redemption of real estate sold at tax sales by municipal authorities; and for other purposes."

HB 10. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to impose and fix a license of one thousand dollars on each person collecting rents or fees on copy righted music, and radio programs, in each county in Georgia."

HB 11. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-2309, relating to double tax for failure to make returns; to repeal Code Chapter 92-66, relating to double taxa tion and procedures for imposing or relieving double tax.

HB 12. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-7305, relating to penalty or default tax on corporations where there is no special provision and to require that such defaulters be triply taxed; to repeal Code Section 92-7306, relating to penalty or default tax on foreign insurance companies, foreign bank agencies, and express companies.

WEDNESDAY, FEBRUARY 16, 1977

843

HB 13. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-3902, relating to license fees imposed on itinerant shows and peddlers; to repeal Code Section 92-3902, relating to the one-year term of such licenses required by Code Section 92-3902.

HB 15. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said per sonal property; to provide for personal property application blanks".

HB 16. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-6306, relating to the requirement that tax receivers enter names in full upon the tax digest.

HB 17. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 40-602, relating to the forbidding of the Secretary of State to speculate in wild lands; to repeal Code Section 40-1508, relating to the furnishing of list of wild lands by the Comptroller General.

HB 18. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-106, relating to the taxation of property owned by transient persons; to repeal Code Section 92-107, relating to the defining of transient persons.

HB 211. By Representatives Wall of the 61st, Phillips of the 59th and Harris of the 60th:
A bill to amend Code Chapter 79-3, relating to residents and aliens, so as to make it unlawful for any employer to knowingly employ an alien who is not entitled to lawful residence in the United States; to provide a penalty.

HB 297. By Representatives Williamson of the 45th, Milford of the 13th, Daugherty of the 33rd and Pinkston of the 100th:
A bill to amend an Act commonly known and referred to as the "Intang ible Property Tax Act of 1953" approved Dec. 22, 1953, as amended, so as to remove the maximum amount of intangible property tax payable with respect to any single long-term note secured by real estate.

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JOURNAL OF THE SENATE,

HB 526. By Representatives Carlisle and Mostiler of the 71st, Adams of the 79th and others:
A bill to add one additional judge of the superior courts of the Griffin 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.

The following local, uncontested bills and resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:
SB 275. By Senator McGill of the 24th:
A bill to amend an Act creating a new charter for the City of Washington, as amended, so as to change the penalty provisions relating to the viola tion of ordinances and resolutions.

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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 159. By Representatives Richardson of the 52nd, Hawkins of the 50th, Childs of the 51st and others:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the City of Decatur as one of the cities and towns to which the prohibition of said Code Section does not apply.
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 51, nays 0.

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

HB 493. By Representatives Foster and Wheeler of the 152nd:
A bill to amend Code Section 92-4101, relating to the millage limitation imposed upon municipal corporations, as amended, so as to exempt the City of Woodbine therefrom; to provide an effective date.

WEDNESDAY, FEBRUARY 16, 1977

845

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 51, nays 0.

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

HB 609. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to authorize the governing authority of Dougherty County to provide for a supplement to the salary of the District Attorney and each Assistant District Attorney of the Dougherty Judicial Circuit; to pro vide an effective date.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 621. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to create the Avondale Estates Development Authority; to provide for the appointment of the members of the Authority; to create the Avondale Estates District; to provide for the powers of the Authority; to authorize the Authority to issue 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 51, nays 0.

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

HR 8. By Representatives Glover of the 32nd, Adams of the 36th, Games, Horton and Greer of the 43rd and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide the circumstances under which the authority and obligation of the governing authorities of counties which have wholly or partly within their boun daries a city of not less than 200,000 population to levy a tax for educa-

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JOURNAL OF THE SENATE,

tional purposes not to exceed 1% mills on all property located within the county, including property located within any independent school dis trict, upon the request of the boards of education of such counties shall be terminated; 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 of the Constitution is hereby amended by adding thereto a new Paragraph IIIB to read as follows:
"Paragraph IIIB. If this Constitution shall be amended to create in Fulton County along the East side of the Chattahoochee River, a special district known as the Fulton County Industrial Dis trict, the authority and obligation of the governing authorities of counties which have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1% mills on all property located within the county, including property located within any independent school district, upon the request of the boards of education of such counties shall be terminated and shall cease to exist effective at the time such an amendment shall become effective."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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 the circumstances under which the authority and obli gation of the governing authorities of counties which
( ) NO have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1% mills on all property located within the county, including property located within any independent school district, upon the request of the boards of education of such counties shall be terminated?"

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.

WEDNESDAY, FEBRUARY 16, 1977

847

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:

Allgood Banks Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans

Foster Greene Howard Hudgins Hudson Johnson Kennedy Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger

Those voting in the negative were Senators Barnes and Thompson.

Those not voting were Senators:

Ballard Bond Brantley Dean of 6th

Fincher Gillis Hill Holloway

Kidd Pearce Walker Wessels

On the adoption of the resolution, the yeas were 42, nays 2.

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

HR 10. By Representatives Adams of the 36th, Carnes, Horton and Greer of the 43rd and others:
A RESOLUTION
Proposing an amendment to the Constitution to create within Fulton County the Fulton County Industrial District; 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 of the Constitution is hereby amended by adding after Paragraph III a new Paragraph IIIA to read as follows:
"Paragraph IIIA. There is hereby created in Fulton County along the East side of the Chattahoochee River in accordance with

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JOURNAL OF THE SENATE,

the description hereafter set forth, a special district known as the Fulton County Industrial District. Said District shall consist of the lands and property located within the following boundaries, to wit:

BEGINNING in Land Lot 17 of the 14th District F.F., at the
intersection of Sandy Creek Road and the northwesterly right-of-
way of Fulton Industrial Boulevard; thence proceeding southwesterly along said right-of-way to the point of intersection with the corporate limit line of the City of Atlanta, Georgia, said corporate limit line being the eastern line of Land Lot 22, 14th District F.F., Fulton County, Georgia; thence southerly along said corporate limit line to the northeast corner of Land Lot 24 of said District; thence westerly along the northern line of Land Lot 24 to the northwest corner of said land lot; thence southwesterly to a point of the west line of Land Lot 51, 1000 feet, more or less north of the southwest corner of said land lot; thence southwesterly to a point at the north east right-of-way intersection of Selig Drive and Mendel Drive; thence in a southeasterly direction to the west right-of-way of Bakers Ferry Road, at a distance of 1200 feet more or less northeast of Mendel Drive; thence continuing southwesterly along the west right-of-way of Bakers Ferry Road to the western line of Land Lot 58 and then proceeding southerly along the western line of said land lot to the northwestern corner of Land Lot 59; thence, pro ceeding southerly along the western line of Land Lot 59 to the southwestern corner of Land Lot 59; thence along the southern line of Land Lot 82 to the southwestern corner of said land lot; thence southerly along the western line of Land Lot 81 to the north rightof-way of Cascade Road; thence along the north right-of-way of Cascade Road in a westerly direction to the east right-of-way of Fulton Industrial Boulevard; thence in a southwesterly direction along the eastern right-of-way of Fulton Industrial Boulevard to the intersection of the south right-of-way of Old Riverside Drive; thence proceeding in a southeasterly direction along the south westerly right-of-way of Riverside Drive 1274.93 feet to a point; thence, southerly to a point on the northern line of Land Lot 131; thence, westerly along the northern line of said land lot to the northwest corner of said land lot; thence, in a southerly direction along the western line of said land lot to the southeast corner of Land Lot 137; thence, westerly along the southern line of Land Lot 137 to the southwest corner of Land Lot 137; thence, southerly along the eastern line of Land Lot 149 to the southeast corner of said land lot; thence, proceeding westerly along the southern line of Land Lot 149 to the intersection of the northern right-of-way of Campbellton Road; thence, along the northern right-of-way of Campbellton Road in a westerly direction to a point of intersection between the Fulton County Line and the northern right-of-way of Campbellton Road, said County line also lying in the Chattahooche River and being the western line of Land Lot 58, District 9C, in said County and State; thence north and east with the Fulton County line to the northwest corner of Charlie Brown County Airport at the intersection of Sandy Creek and the Chattahoochee River, said point being in Land Lot 20, 14th District F.F. of said County and State; thence, running along Sandy Creek south and east to a point of intersection with the southern line of Land Lot 20; thence, proceeding along the southern line of Land Lot 20 in an easterly direction to the southeast corner of

WEDNESDAY, FEBRUARY 16, 1977

849

Land Lot 18, said point being on the District Line between the 14th District F.F. and the 17th District; thence along said District Line northerly to the northwest corner of Land Lot 268; thence, along the north boundary of Land Lot 268 in an easterly direction to the inter section with the south right-of-way of Fulton Industrial Boulevard; thence, in a southeasterly direction 810.55 feet to a fence corner; thence, in a northeasterly direction 294.60 feet to an iron pin; thence, in a southeasterly direction 331.97 feet to an iron pin; thence, in a southwesterly direction 843.48 feet to a point; thence, in a south westerly direction 1778.38 feet to a concrete monument on the west boundary line of Land Lot 268; said boundary line also being the District Line between the 14th District F.F. and the 17th District; thence, along said District Line in a southerly direction 309.58 feet to an iron pin; thence, in a southwesterly direction 473.74 feet to a fence corner on the southeast right-of-way of Fulton Industrial Boulevard; thence, in a southwesterly direction across Fulton In dustrial Boulevard to the said point of BEGINNING.

The area described hereinabove shall not hereafter be included within the limits of any municipal corporation as now exists or hereafter incorporated except by constitutional amendment. Property located within said area shall not be subject to any taxation except such as may be common to all of the territory of Fulton County outside the limits of any municipal corporation. The governing authorities of Fulton County shall have the power and authority to levy an assessment for taxes or a service charge to defray the cost of any function performed or service rendered to the area herein described which is not common to all of the unincorporated areas of said county. The properties within said area shall be subject to all taxes for school purposes. The governing authority of Fulton County shall, without limitation, except as contained herein, have control over the area herein described for the same purposes and to the same extent as it shall have control over all other unincorporated areas in Fulton County. It is not the purpose hereof to limit the control of the governing authorities of Fulton County over said area but to preserve to such authority hereafter the power and authority to develop and control said area as an industrial area, it being de clared the public policy that such area be developed to supply em ployment, increase production, and promote the welfare of Fulton
County as a whole and of the citizens thereof under the direction of
the governing authorities of the county. This Paragraph IIIA shall
become effective only in the event that there shall be ratified an
amendment to this Constitution so as to remove the obligation of
the governing authorities of counties which have wholly or partly
within their boundaries a city of not less than 200,000 population to
levy a tax for educational purposes not to exceed 1% mills on
all property located within the county, including property located
within any independent school district, upon the request of the
boards of education of such counties."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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JOURNAL OF THE SENATE,

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 ( ) NO within Fulton County the Fulton County Industrial District?"

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:

Allgood Banks Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans

Foster Greene Howard Hudgins Hudson Johnson Kennedy Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger

Those voting in the negative were Senators Barnes and Thompson.

Those not voting were Senators:

Ballard Bond Brantley Dean of 6th

Fincher Gillis Hill Holloway

Kidd Pearce Walker Wessels

On the adoption of the resolution, the yeas were 42, nays 2.

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

WEDNESDAY, FEBRUARY 16, 1977

851

HR 51. By Representative Smith of the 42nd:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxation to resident homeowners in the City of Union City who are 65 years of age or older with an annual income of six thousand dollars ($6,000.00) or less in an amount of four thousand dollars ($4,000.00); 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 Constitution is hereby amended by adding at the end thereof the following:
"A homestead of each resident who is 65 years of age or older, with an annual income of six thousand dollars ($6,000.00) or less in the City of Union City actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes, in an amount of four thousand dollars ($4,000.00) of its value."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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 homestead exemption for resident homeowners of the City of Union City in an amount of four thousand
( ) NO dollars ($4,000.00) for resident homeowners who are 65 years of age or older and have an annual income of six thousand dollars ($6,000.00) or less?"

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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood Banks Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans

Foster Greene Howard Hudgins Hudson Johnson Kennedy Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger

Those voting in the negative were Senators Barnes and Thompson.

Those not voting were Senators:

Ballard Bond Brantley Dean of 6th

Fincher Gillis Hill Holloway

Kidd Pearce Walker Wessels

On the adoption of the resolution, the yeas were 42, nays 2.

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

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

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk
Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate
Thompson
Timmons
Traylor
Turner
Tysinger
Walker

WEDNESDAY, FEBRUARY 16, 1977

853

Those not answering were Senators:

Bond

Summers

Wessels

Senator Stumbaugh of the 55th introduced the chaplain of the day, Reverend Joseph Harvard, pastor of the North Decatur Presbyterian Church, Decatur, Georgia, who offered prayer.

The following resolutions of the Senate were read and adopted:

SR 51. By Senators Doss of the 52nd, Broun of the 46th, Lester of the 23rd and others:
A resolution commending the University of Georgia Football Team.

SR 52. By Senators Doss of the 52nd, Broun of the 46th, Lester of the 23rd and others:
A resolution commending Coach Vince Dooley.

SR 100. By Senator Coverdell of the 40th: A resolution commending Miss Mary Elizabeth Sutton.

SR 105. By Senators Pearce of the 16th and Hudgins of the 15th: A resolution commending the Hardaway High School Band.

Senator Doss of the 52nd introduced Honorable Fred Davison, President of the University of Georgia, Honorable Joel Eaves, Athletic Director of the Univer sity of Georgia, Honorable Vince Dooley, Head Coach of the University of Georgia Football Team, who briefly addressed the Senate, and Honorable Ray Goff, Team Captain, who briefly addressed the Senate.
Senator Scott of the 43rd introduced the doctor of the day, Dr. Richard DuBois, of Atlanta, Georgia.
SENATE RULES CALENDAR Wednesday, February 16,1977
HB 410. Nonprofit Bingo Games--regulation and licensing (SUB) (AMs) SR 27. Services for the Aged Study Committee--create SB 202. Unemployment Compensation--transitional insurance coverage SB 204. Motorist Protection Act of 1977--enact (SUB) SB 255. Littering--change penalty SR 83. Recyclable Paper in Capitol--salvage program (AMs)

854

JOURNAL OF THE SENATE,

HB 27. Election Code--information concerning primary for federal and Probate Judges
HB 48. Day Care Personnel--reports of suspected child abuse
HB 77. Firefighter Standards and Training Council--assign to Department of Public Safety (SUB)
HB 210. Sale of Abandoned Motor Vehicles--removal, sale, notice and pro ceeds
HB 227. Residential Finance Authority Act--change certain definitions
HB 268. Drugs and Pharmacists Code--change certain names (AM)
HB 345. Vehicle Upon Public Roads--maximum width exceptions for buses
HB 349. Code of Public Transportation--define urban area relating to out door advertising
HB 350. Code of Public Transportation--redefine construction to include striping, etc.

Respectfully submitted,

I si Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the Senate, having been favorably reported by the committee and postponed on February 15 until February 16, was put upon its passage:

HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games.
Senate Sponsor: Senator Scott of the 43rd.

Senator Scott of the 43rd moved that HB 410 be postponed until February 17th.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 410 was postponed until February 17th.

Senator Russell of the 10th moved that the following bill of the House be withdrawn from the Committee on Higher Education and committed to the Committee on Defense and Veterans Affairs:

HB 702. By Representatives Wood, Whitmire and Jackson of the 9th and others:
A bill to amend an Act creating the Georgia Higher Education Assistance Authority, as amended, so as to authorize and direct the Authority to

WEDNESDAY, FEBRUARY 16, 1977

855

establish and administer a program of student loans to eligible members of the Georgia National Guard.

On the motion, the yeas were 38, nays 2; the motion prevailed, and HB 702 was withdrawn from the Committee on Higher Education and committed to the Committee on Defense and Veterans Affairs.

Senator Starr of the 44th assumed the Chair at the direction of the President.

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

SB 202. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others:
A bill to amend an Act known as the "Unemployment Compensation Law", as amended, (now Employment Security Law), so as to provide certain transitional unemployment insurance coverage reimbursable by Federal funds until regular coverage is provided.

Senator Tysinger of the 41st moved that the amendments to SB 202 be printed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the amend ments were ordered printed.

Senator Gillis offered the following amendment:
Amend SB 202 by adding on Page 18, after line 18 at the end of Section 17, the following:
"Provided however, no owner, part owner or stockholder of a corporation shall be termed as an employee under the provisions of this Act and shall not be included in computing the total number of farm employees."

On the adoption of the amendment, the yeas were 30, nays 3, and the amend ment was adopted.

Senator Barnes of the 33rd and Dean of the 31st offered the following amendment:
Amend SB 202 by striking from line 29 on Page 4 the following:
"Two new paragraphs",
and inserting in lieu thereof the following:

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JOURNAL OP THE SENATE,

"one new paragraph".

By striking from line 30 on Page 4 the following:

"paragraphs (2) and (3)".

and inserting in lieu thereof the following:

"paragraph (2)".

By striking paragraph (3) where the same appears in lines 17 through 28 on Page 5 in its entirety.

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:

Allgood Banks Barker Barnes Bond Carter Dean of 6th Dean of 31st Duncan Eldridge Evans Fincher Poster

Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner

Those voting in the negative were Senators:

Ballard Bell Brantley Brown of 47th

English Gillis Holloway Pearce

Reynolds Scott Tysinger Walker

Those not voting were Senators:

Broun of 46th Cover dell

Doss Russell

Starr (presiding) Wessels

On the adoption of the amendment, the yeas were 38, nays 12, 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:

WEDNESDAY, FEBRUARY 16, 1977

857

Those voting in the affirmative were Senators:

Allgood Ballard Bell Bond Dean of 31st Eldridge Evans Fincher Foster

Hill Holloway Howard Hudson Johnson Kidd Lester Pearce Reynolds

Riley Scott Stephens Stumbaugh Summers Tate Tysinger

Those voting in the negative were Senators:

Banks Barker Barnes Brantley Brown of 47th Carter Dean of 6th Duncan English

Gillis Greene Hudgins Kennedy Langford McGill Overby Paulk Robinson

Shapard Sutton Thompson Timmons Traylor Turner Walker

Those not voting were Senators:

Broun of 46th Coverdell

Doss Russell

Starr (presiding) Wessels

On the passage of the bill, the yeas were 25, nays 25.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Holloway of the 12th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 202.

The President resumed the Chair.

SB 204. By Senators Barker of the 18th, Robinson of the 27th and Bond of the 39th:
A bill to enact the "Motorist Protection Act of 1977"; to provide a short title; to provide definitions; to control certain practices in the auto motive repair industry; to provide for the enforcement and adminis tration of this Act; to prohibit certain acts; to provide for investigations and complaints.

The Senate Committee on Consumer Affairs offered the following substitute to SB 204:

858

JOURNAL OP THE SENATE,

A BILL
To be entitled an Act to enact the "Motorist Protection Act of 1977"; to provide a short title; to provide definitions; to control certain prac tices in the automotive repair industry; to provide for the enforcement and administration of this Act; to prohibit certain acts; to provide for investigations and complaints; to provide procedures for such investi gations and complaints; to provide for administrative procedures; to provide for estimates; to provide for injunctions and the filing of crimi nal charges; to provide for civil actions; to provide for fines; 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. This Act shall be known and may be cited as the "Motorist Protection Act of 1977".
Section 2. Definitions. As used in the Act, unless the context other wise requires, the term:
(a) "Administrator" means the Administrator of the Fair Business Practices Act of 1975.

(b) "Attorney General" means the Attorney General of the State or his designate.
(c) "Motor vehicle repair facility" means a place of business op erated by an association, incorporated or unincorporated, or natural person or other legal entity, which performs services for compensation, directly or indirectly, with regard to motor vehicle repairs.

(d) "Motor vehicle" means any device including automobiles, motor cycles, motor trucks, trailers, and all other vehicles operated over the public highways and streets of this State and propelled by power other than muscular power, but does not include traction engines, road rollers, implements of husbandry and other agricultural equipment and such vehicles as run only upon a track.

(e) "Repair" means the reconditioning, adjustment, alteration, maintenance, or diagnosis of the operating condition of a motor vehicle with or without the replacement of any component or subassembly of a motor vehicle, for compensation or under the terms of a warranty.

(f) "Knowing violation" means actual awareness of the falsity or deception, but actual awareneses may be inferred where objective mani festations indicate that a person acted with actual awareness.

Section 3. Enforcement and Administration. The duty of enforcing and administering this Act is vested in the Administrator of the Fair Business Practices Act of 1975.

WEDNESDAY, FEBRUARY 16, 1977

859

Section 4. Unlawful Acts. In the repair of a motor vehicle, it shall be an unfair or deceptive practice for a motor vehicle repair facility to:
(a) Misrepresent that repair of a motor vehicle is needed when it is not.
(b) Misrepresent what repair is needed for a motor vehicle.
(c) Misrepresent that a repair has been made to a motor vehicle when it has not been made.
(d) Charge more than the fee agreed to by a consumer prior to the disassembly of a part of a motor vehicle, to reassemble such part.
(e) Make any gross departure from or show flagrant disregard of accepted trade standards for good and workmanlike repair which is prejudicial to another without consent of the owner or his duly autho rized representative.
(f) Make any false promises of a character likely to influence, per suade, or induce a customer to authorize the repair, service, or main tenance of a motor vehicle.

(g) Make false promises regarding the time needed to perform repairs or misrepresent that repairs will be completed within a certain period of time when in fact they are not. Delays caused by factors or circumstances not within the control of motor vehicle repair facility personnel are expressly excluded from the coverage of this Section.
Section 5. Investigations and Complaints. The Administrator shall, on his own initiative or in response to complaints, investigate on a. con tinuous basis and gather evidence of violations of this Act by any auto motive repair business or mechanic, and by any employee, partner, officer, or member of any automotive repair businesses' staff. The Administrator shall establish procedures for accepting complaints under this Act.

Section 6. Invoices. All repairs of a motor vehicle performed by an automotive repair facility, including all warranty work, shall be recorded on an invoice which shall describe all service work done and parts supplied, and which shall contain the name and address of the automotive repair business or which shall be imprinted so as to readily identify the automotive repair business. Service work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for service work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each. If any used, rebuilt or reconditioned parts or component systems are sup plied, that fact should be clearly stated on the invoice. If a part of a component system is composed of new and used, new and rebuilt, or new and reconditioned parts, such facts shall be clearly stated on the invoice. A copy of the invoice shall be given to the customer.

Section 7. Estimates, (a) When the customer so requests before repairs of a motor vehicle are performed, the automotive repair facility

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shall give to the customer a written estimated price for service work and parts necessary for a specific repair of a motor vehicle. No work shall be done and no charges shall accrue before authorization to proceed is obtained from the customer. No charge shall be made for service work performed or parts supplied which exceeds the written estimate by 10% (ten percent) or $10 (ten dollars), which is greater, without the oral or written consent of the customer which shall be obtained at a time after it is determined that the estimated price is insufficient and before the work not estimated is done or the parts not estimated are supplied. Nothing in this Section shall be construed as requiring an automotive dealer to give a written estimated price if the dealer is not willing to perform the requested repair.

(b) Nothing in this Section shall be construed as preventing the automotive repair facility from charging a fee for making an estimate, providing such fee is clearly explained to the customer and is agreed to by the customer before the estimate is done.

(c) If any charge is made by the facility for reassembly of the motor vehicle, whether disassembly was necessary for making an esti mate or for the repair of the motor vehicle, such charge shall be clearly stated and agreed to by the customer before the work is begun.

(d) The automotive repair facility shall include with the written estimated price, a statement of any repair of a motor vehicle which will be done by anyone other than the facility or its employees. No repair of a motor vehicle shall be done by other than the facility or its employees without the consent of the customer, unless the customer cannot be
reasonably notified. The facility shall be responsible, in any case, for any such repair of a motor vehicle in the same manner as if the facility or its employees had done the repair of the motor vehicle.

(e) Upon the request of the customer at the time the work order is taken, the automotive repair facility shall return replaced parts to the customer at the time of the completion of the work, excepting such parts as may be exempt because of size, weight, or other similar factors, from this requirement, and excepting such parts as the automotive re pair facility is required to return to the manufacturer or distributor under a warranty arrangement. If such parts must be returned to the manufacturer or distributor, the customer shall have the right to see such parts before their return, provided the customer has so requested at the time the work order was taken, except that the facility shall not be required to show a replaced part when no charge is being made for the replacement part.
Section 8. Actions by Administrator for Equitable Relief, (a) Whenever the Administrator has reason to believe that any person is using, has used, or is about to use any method, act or practice declared in violation of this Act, and that proceedings would be in the public interest, whether or not any person has actually been misled, he may bring an action in the name of the State by filing a civil complaint against such a person to restrain or enjoin the use of such method, act, or practice. The complaint must state generally the relief sought and be served in accordance with the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended. The action may be

WEDNESDAY, FEBRUARY 16, 1977

861

brought in the Superior Court having jurisdiction over the defendant by virtue of any provision of the Constitution or laws of the State of Georgia.

(b) Unless the Administrator determines that a person subject to the provisions of this Act designs quickly to depart from the State or to remove his property therefrom, or to conceal himself or his property therein, he shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are con templated and allow such person a reasonable opportunity to appear before the Administrator and execute an assurance of voluntary com pliance as in this Act provided. The determination of the Administrator hereunder shall be final and not subject to judicial review.

(c) The said courts are authorized to issue restraining orders or temporary or permanent injunctions or such orders as are necessary to restrain and prevent violations of this Act. Such injunctions or orders shall be issued notwithstanding the existence of adequate remedies at law.

(d) With the exception of consent judgments entered before any testimony is taken, a final judgment under this section is admissible as prima facie evidence of such specific findings of fact as may be made by the court which enters said judgment in subsequent proceedings by or against the same person, or his successors or assigns.

Section 9. Administrator's Actions for Damages. The Administra tor may bring an action in a representative capacity to recover general, but not punitive damages on behalf of any person or persons entitled to bring an action in his or their own behalf pursuant to section 10(a) of this Act, provided that each party represented shall be individually listed as a party to the action.

Section 10. Private Actions, (a) Any person who suffers injury or damages as a result of acts or practices in violation of this Act may bring an action individually, but not in a representative capacity, against the person or persons engaged in such unlawful acts or practices under the rules of Civil Procedure to seek equitable injunctive relief and to recover his general damages sustained as a consequence thereof in any court having jurisdiction over the defendant. A claim under this section may also be asserted as a defense, set off, cross-claim, or counter-claim, or third party claim against such persons.

(b) Any manufacturer or supplier of merchandise whose act or omission, whether negligent or not, is the basis for action under this Act s"hall be liable for the damages assessed against or suffered by retailers charged under this Act. A claim of such liability may be asserted by cross-claim, third party complaint, or by separate action.

(c) It shall not be a defense in any action under this Act that others were, are, or will be engaged in like acts or practices.

Section 11. Assurance of Voluntary Compliance, (a) In the admin istration of this Act the Administrator may accept an assurance of voluntary compliance with respect to any act or practice deemed to be

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violative of this Act from any person who is engaging in, has engaged in, or is about to engage in the act or practice. The assurance shall be in writing and shall be filed with the Clerk of the Superior Court of the County in which the alleged violator resides or does business or in the Superior Court of Fulton County. Said assurance of voluntary compliance shall become the order of the Court.

(b) The acceptance of an assurance of voluntary compliance may be conditioned on the stipulation that the person in violation of this subchapter restore to any person in interest any money or property, real or personal, which may have been acquired by means of acts or practices which violate this Act.

(c) An assurance of voluntary compliance shall not be considered an admission of prior violation of this Act. However, unless an as surance has been rescinded by agreement of the parties or voided by a Court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this Act.

(d) Matters closed by the filing of an assurance of voluntary com pliance may be reopened by the Administrator for further proceedings in the public interest. Assurances of voluntary compliance shall in no way affect individual rights of action, except that the rights of indi viduals with regard to money or property received pursuant to a stipulation in the voluntary compliance under subsection (b) of this section are governed by the terms of the voluntary compliance.

Section 12. Investigation, (a) When it reasonably appears to the Administrator that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this Act, or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any act or practice declared to be unlawful by this Act, he may, with the consent of the Attorney Gen eral, given upon a showing of probable cause, execute in writing and cause to be served upon any person who is believed to have information,
documentary material or physical evidence relevant to the alleged or suspected violation an investigative demand requiring such person to
furnish under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.

(b) If matters that the Administrator makes the subject of an in vestigative demand is located outside the State, the person receiving such investigative demand may either make it available to the Administrator at a convenient location within this State or pay the reasonable and necessary expenses for the Administrator or his representative to ex amine the matter at the place where it is located. The Administrator may designate representatives, including officials of the State in which
the matter is located to inspect the matter on his behalf, and he may respond to similar requests from officials of other states.

WEDNESDAY, FEBRUARY 16, 1977

863

(c) Within twenty (20) days after the service of any such investi gative demand upon any person, or at any time before the return date specified in the demand, whichever period is longer, such person may file, in the Superior Court of Fulton County or in the county where said person resides or has its principal place of business, and serve upon the Administrator a complaint for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part, as deemed proper and ordered by the court, shall not run during the pendency of such complaint in the court. Such complaint shall specify each ground upon which the complaintant relies in seeking such relief, and may be based upon any failure of such de mand to comply with the provisions of this Chapter, or upon any con stitutional or other legal right or privilege of such person.

(d) (1) Each such demand shall state the nature of the conduct constituting the alleged violation of this Act which is under investigation and the provision of law applicable thereto; describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; describe the nature, scope and purpose of the investigation with such definiteness and certainty as to permit any person whose testimony is sought to be fairly appraised of the subject matter of the inquiry; prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproducing and the person (s) whose testimony is sought may prepare for the same; and identify the person to whom such material shall be made available.

(2) No such investigative demand shall:

(a) Contain any requirement which would be held to be unreason able as contained in a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; or

(b) Require the production of any documentary evidence or oral testimony which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; provided, however, that the limitations on the scope of demand contained herein do not require as a condition to the issuance of an investigative demand that the al leged violation be of sufficient seriousness as to constitute a violation of the criminal laws of this State, as opposed to the civil provisions of this Act.

Section 13. Subpoenas, Hearings, Rules and Regulations and En forcement, (a) To carry out the duties prescribed by this Act, the Ad ministrator, in addition to other powers conferred upon him by this Act, may with the consent of the Attorney General, given upon a showing of probable cause, issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such procedural rules and regulations as may be necessary, which procedural rules and regu lations shall have the force of law.

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(b) Upon failure of a person without lawful excuse to obey an investigative demand or subpoena, the Administrator may apply to a Superior Court having jurisdiction for an order compelling compliance.

(c) Information obtained pursuant to powers enforced by this Act shall not be made public or disclosed by the Administrator or his em ployees beyond the extent necessary for the enforcement of this Act.

Section 14. Penalties, (a) Any person who violates the terms of an injunction issued under this Act shall forfeit and pay to the State a civil penalty of not more than $25,000 per violation. For purposes of this Section, the Superior Court issuing an injunction shall retain juris diction and the cause shall be continued, and in such cases the Admin istrator acting in the name of the State may petition for recovery of civil penalties.

(b) Knowing violation of this Act shall be a misdemeanor, and in addition, in any action brought under this Act, if the court finds that knowing violation has occurred, the Administrator, upon petition to the court, may recover on behalf of the State a civil penalty of not exceeding $2,000 per violation.

(c) In the case of continuing offense each day shall be regarded as a separate violation.

(d) Any knowing violation by a corporation shall be deemed to be also that of the individual directors, officers, partners, employees or agents of the corporation, partnership or association, who had actual knowledge of the acts constituting such violation and who directly authorized, supervised, ordered, or did any part of the acts constituting in whole or in part such violation, provided, however, no such indi vidual directors, officers, partners, employees or agents shall have any individual liability under the provisions of this subsection, unless the corporation, partnership or association, as the case may be, which has committed the intentional violation shall fail to pay into the court within 30 days after judgement sufficient monies or assets to satisfy the judgment.

(e) The Administrator shall have the authority to compromise or settle claims for penalty brought under this section.

Section 15. Duties of Solicitors of the State and Civil Courts and District Attorneys of the Superior Courts. It shall be the duties of the solicitors of the State and Civil Courts and the district attorneys of the Superior Court of this State to lend to the Administrator such assistance as the Administrator may request in the commencement and prosecution of specific actions pursuant to this Act.

Section 16. Statute of Limitations, (a) No action shall be brought under this Act more than 2 years after the person bringing such action knew or should have known of the occurrence of the alleged violation.

(b) Damages or penalties to which a person is entitled pursuant to this Act may be set off against the allegation of said person to the

WEDNESDAY, FEBRUARY 16, 1977

865

seller and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Section.

Section 17. 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 unconsti tutional 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 18. Provisions not Exclusive. The provisions of this Act are cumulative with other laws and are not exclusive. The rights or remedies provided for herein shall be in addition to any other pro cedures, rights, remedies or duties provided for in any other law or in decisions of the courts of this State dealing with the subject matter. All other laws or parts of laws in conflict with this Act are hereby repealed.

Section 19. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 20. Repealer. 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.
Senator McGill of the 24th moved that he be excused from voting on SB 204, stating that he had a personal interest in the results.

On the motion, the yeas were 32, nays 2; the motion prevailed, and Senator McGill of the 24th was excused from voting on SB 204.

Senator Langford of the 51st moved that he be excused from voting on SB 204, stating that he had a personal interest in the results.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Langford of the 51st was excused from voting on SB 204.

Senator Sutton of the 9th moved that he be excused from voting on SB 204, stating that he had a personal interest in the results.

On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Sutton of the 9th was excused from voting on SB 204.

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Senator Broun of the 46th moved that he be excused from voting on SB 204, stating that he had a personal interest in the results.

On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Broun of the 46th was excused from voting on SB 204.

The 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 Carter Dean of 6th Dean of 31st

Doss Evans Foster Greene Howard Hudson Johnson
Kidd

Riley Robinson Shapard Stumbaugh Tate Thompson Tysinger

Those voting in the negative were Senators :

Allgood Ballard Brantley Brown of 47th Duncan Eldridge English Fincher Gillis

Hill Holloway Kennedy Lester Overby Paulk Pearce Reynolds Russell

Scott Starr Summers Timmons Traylor Turner Walker

Those not voting were Senators :

Broun of 46th (excused) Coverdell

Hudgins Langford (excused) McGill (excused)

Stephens Sutton (excused) Wessels

On the passage of the bill, the yeas were 23, nays 25.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Barker of the 18th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 204.

SB 255. By Senator Stumbaugh of the 55th:
A bill to amend an Act known as the "Litter Control Law", as amended, so as to change the penalty for littering.

WEDNESDAY, FEBRUARY 16, 1977

867

Senators Banks of the 17th and Stumbaugh of the 55th offered the following amendment:

Amend SB 255 by inserting on line 23, Page 1, the following:

"by a fine of not less than $25.00 and",

and by striking on line 24, Page 1, the following:

"by a fine of".

On the adoption of the amendment, the yeas were 40, 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:

Allgood Banks Barker Barnes Bell
Bond
Carter Dean of 31st
Doss
English
Evans
Foster

Gillis Greene Howard Hudson Johnson
Kennedy
Kidd
Langford
Paulk
Reynolds
Riley Robinson

Scott Shapard Starr Stephens Stumbaugh
Summers
Sutton
Thompson
Turner
Tysinger
Walker

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Dean of 6th Duncan Eldridge

Hill Holloway Lester McGill Overby

Russell Tate Timmons

Those not voting were Senators:

Ballard Brantley Coverdell

Fincher Hudgins Pearce

Traylor Wessels

On the passage of the bill, the yeas were 35, nays 13.

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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 has disagreed to the Senate substitute to the following bill of the House:

HB 583. By Representatives Horton of the 43rd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to further define certain terms; to provide the Gov ernor with certain additional emergency powers; to provide for a limita tion of liability; to provide for an effective date.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 583. By Representatives Horton of the 43rd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to further define certain terms; to provide the Gov ernor with certain additional emergency powers; to provide for a limita tion of liability; to provide for an effective date.

Senator Tysinger of the 41st moved that the Senate insist upon its substitute to HB 583.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted upon its substitute to HB 583.

The following resolution of the Senate was read and adopted:

SR 106. By Senator Starr of the 44th:
A resolution commending Ms. Fran Clark, Ms. Lisa Garrett, Mr. Dean Young, Mr. Keith Hathaway and Mr. Robert Mergens.

The President announced that the Senate would stand in recess from 12:30 o'clock P.M. until 2:00 o'clock P.M.
At 2:05 o'clock P.M., the President called the Senate to order.

WEDNESDAY, FEBRUARY 16, 1977

869

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

SR 83. By Senator Paulk of the 13th:
A resolution requiring the salvage of recyclable paper in the Capitol Complex and providing for the implementation of a salvage program.

The Senate Committee on Economy, Reorganization and Efficiency in Govern ment offered the following amendment:
Amend SR 83 by striking on Page 3, from lines 12 and 13 the following:
"Commissioner of Natural Resources",
and inserting in lieu thereof the following:
"Director of the Georgia Building Authority".

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.
Senator Paulk of the 13th offered the following amendment:
Amend SR 83 by adding on Page 3, between lines 8 and 9, the following new paragraph:
"BE IT FURTHER RESOLVED that the Director of the Geor gia Building Authority shall be authorized to exempt from the pro visions of this Resolution any area of the Capitol building, provided that he first determines that the cost of implementing said Resolu tion in such area exceeds the income derived from implementing said Resolution in such area."

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

Senator Paulk of the 13th offered the following amendment:
Amend SR 83 by adding on Page 3, between the penultimate and the last paragraph thereof, the following:
"BE IT FURTHER RESOLVED that, for any time during which the General Assembly is in regular or special session, the Secretary of the Senate shall have the authority to exempt the Senate Chamber from the provisions of this Resolution if he determines that the implementa tion thereof would severely impact the efficiency of the Senate, and the Clerk of the House of Representatives shall have the authority to ex empt the House Chamber from the provisions of this Resolution if he

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JOURNAL OF THE SENATE,

determines that the implementation thereof would severely impact the efficiency of the House of Representatives."

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 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:

Allgood Ballard Banks Barnes Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans
Fincher

Poster Greene Gillis Hill Holloway Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds
Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker

Those not voting were Senators:

Barker
Bell Bond

Brantley
Howard Hudgins

Hudson
Timmons Wessels

On the adoption of the resolution, the yeas were 47, nays 0.

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

HB 27. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide that the Secretary of State shall disseminate certain information concerning primaries and elections to candidates for federal and state office and Probate Judges.
Senate Sponsor: Senator Kidd of the 25th.

WEDNESDAY, FEBRUARY 16, 1977

871

Senator Kidd of the 25th moved to postpone HB 27 until February 17.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 27 was postponed until February 17.

HB 48. By Representatives Wall of the 61st and Harris of the 60th:
A bill to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, as amended, so as to require day care personnel to make reports of suspected child abuse.
Senate Sponsor: Senator Shapard of the 28th.

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

Allgood Ballard
Barnes Bond Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st
Doss Duncan Eldridge English Evans Fincher Foster

Gillis Greene Holloway Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators :

Banks Barker Bell

Brantley Hill

Howard Wessels

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

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

HB 210. By Representatives Games of the 43rd, Lane of the 40th, Hudson of the 137th and others:
A bill to amend an Act providing for the sale of certain abandoned

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JOURNAL OF THE SENATE,

motor vehicles, as amended, which Act has been codified as Code Chapter 68-23, so as to change certain provisions relative to the defini tion, removal, sale, notice and proceeds of sale of abandoned motor vehicles.
Senate Sponsor: Senator Stephens of the 36th.

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:

Allgood Ballardi Banks Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
English
Evans

Fincher Foster Gillis Greene Hill Holloway Howard Johnson Kennedy Kidd
Langford
Lester
McGill
Overby
Paulk
Pearce

Those not voting were Senators:

Barker Brantley Hudgins

Hudson Riley

Reynolds Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker
Starr Wessels

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

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

HB 227. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act," so as to change certain definitions; to delete the authority of ex officio members of the Authority to delegate certain powers to their deputies.
Senate Sponsor: Senator Kidd of the 25th.

WEDNESDAY, FEBRUARY 16, 1977

873

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:

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

Evans Pincher Foster Gillis Greene Hill Holloway Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Brantley Howard

Hudgins Hudson

Wessels

On the passage of the bill, the yeas were 51, nays 0.

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

HB 268. By Representatives Parham of the 109th, Cooper of the 19th and Baugh of the 108th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, as amended, so as to change the names of the "chief drug inspector", the "assistant inspectors" and the "drug inspector's office".
Senate Sponsor: Senator Fincher of the 54th.

The Senate Committee on Human Resources offered the following amend ment to HB 268:
(1) By adding following the comma after the word "amended" on line 2 of Page 1, the following:
"so as to change the names of the 'chief drug inspector', the 'assistant instructors', and the 'drug inspector's office';"

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(2) By adding before Section 1 beginning on line 21 of Page 1, the following:

"Section 1. Code Title 79A, relating to pharmacists, pharmacy and drugs, as amended, is hereby amended by deleting the names 'chief drug inspector', 'assistant inspectors' and 'drug inspector's office' wherever the same shall appear in the Title and substituting in lieu thereof the names 'director', 'agents' and 'The Georgia Drugs and Narcotics Agency', respectively."

(3) By renumbering Sections 1 through 10 as Sections 2 through 11, respectively.

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.

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

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter
Coverdell Dean of 6th Dean of 31st Dossi Duncan Eldridge Evans
Fincher

Foster Gillis Greene Hill Holloway Howard Johnson Kennedy Kidd
Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Summers Sutton
Tate Thompson Timmons Traylor Turner Tysinger Walker

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Ballard Brantley

English Hudgins

Hudson Wessels

On the passage of the bill, the yeas were 49, nays 1.

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

WEDNESDAY, FEBRUARY 16, 1977

875

HB 345. By Representatives Jessup of the 117th, Coleman of the 118th, Jackson of the 9th and Dean of the 29th:
A bill to amend Code Section 95A-957 relating to the maximum width of vehicles permitted upon the public roads, so as to provide certain exceptions for buses.
Senate Sponsor: Senator Reynolds of the 48th.

Senators Carter of the 14th, Hudgins of the 15th and Barker of the 18th offered the following amendment:
Amend HB 345 as follows:
By inserting on line 3 after the word and semicolon "buses;" the following:
"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 that the department shall issue single-trip permits authorizing the load width of a mobile home to exceed up to and including 168 inches; to authorize the department to promulgate rules and regulations prescribing the circumstances and conditions under which such vehicles may use the public roads of this State;".
By renumbering Section 2 as Section 3.
By adding a new Section 2 to read as follows:
"Section 2. Code Section 95A-961, relating to the circumstances under which certain vehicles may exceed the prescribed weight, width and length limitations, as amended, is hereby amended by adding at the end of the first paragraph of subsection (a) the following:
'The department shall issue single-trip permits authorizing the load width of a vehicle transporting a mobile home to extend up to and including 168 inches. The department by rule and regulation shall prescribe the circumstances and conditions under which such vehicle may use the public roads of this State, including all necessary safety restrictions, routes of travel and times when the public roads may be used.'"
Senator Reynolds of the 48th offered the following amendment:
Amend the amendment offered by Senators Carter of the 14th, Hudgins of the 15th and Barker of the 18th to HB 345 by striking on lines 8 and 22 the word "shall" and inserting in lieu thereof the word "may".

Senator Reynolds of the 48th moved to postpone HB 345 until February 17.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 13, nays 38; the motion was lost, and HB 345 was not postponed.

Senator Holloway of the 12th moved the previous question.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senator Reynolds of the 48th, Senator Bell of the 5th 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 Broun of 47th Coverdell Dean of 31st Doss Eldridge Fincher

Foster Greene Howard Hudson Langford Overby Reynolds Shapard

Starr Stephens Stumbaugh Summers Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Barker Barnes Bell Bond Broun of 46th Carter Duncan English Evans

Gillis Hill Holloway Hudgins Johnson Kennedy Kidd Lester McGill Paulk

Pearce Riley Robinson Russell Scott Sutton Tate Timmons Traylor

Those not voting were Senators:

Brantley

Dean of 6th

Wessels

On the adoption of the amendment offered by Senator Reynolds of the 48th, the yeas were 24, nays 29, and the amendment was lost.

On the adoption of the amendment offered by Senators Carter of the 14th, Hudgins of the 15th and Barker of the 18th, Senator Johnson of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Bond

Carter Duncan English

GillisHill Holloway

WEDNESDAY, FEBRUARY 16, 1977

877

Hudgins Kennedy Kidd Lester McGill Paulk

Pearce Riley Robinson Russell Sutton Tate

Timmons Traylor Turner Walker

Those voting in the negative were Senators:

Ballard Banks Barnes Bell Broun of 46th Brown of 47th Coverdell
Dean of 31st Doss Eldridge

Evans Fincher Foster Greene Howard Hudson Johnson
Langford Overby Reynolds

Scott Shapard Starr Stephens Stumbaugh Summers Thompson
Tysinger

Those not voting were Senators:

Brantley

Dean of 6th

Wessels

On the adoption of the amendment offered by Senators Carter of the 14th, Hudgins of the 15th and Barker of the 18th, the yeas were 25, nays 28, 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:

Allgood Banks Barker Bell Bond Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Evans

Foster Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Lester McGill Overby Paulk

Pearce Reynolds Robinson Scott Shapard Stephens Stumbaugh Summers Sutton Tate Traylor Turner Tysinger

Those voting in the negative were Senators:

Ballard Barnes

Dean of 31st English

Fincher Gillis

878

JOURNAL OF THE SENATE,

Johnson Langford Riley

Russell Starr Thompson

Timmons Walker

Those not voting were Senators:

Brantley

Dean of 6th

Wessels

On the passage of the bill, the yeas were 39, nays 14.

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

Senator Carter of the 14th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 345.

HB 349. By Representative Lane of the 81st:
A bill to amend an Act approved April 18, 1973 known as the Georgia Code of Public Transportation, as amended, so as to define "Urban area" for purposes of the control of outdoor advertising.
Senate Sponsor: Senator Reynolds of the 48th.

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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th
Carter
Coverdell
Dean of 31st
Doss
Duncan
English
Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins
Hudson
Johnson
Kennedy
Kidd
Lester
McGill
Overby

Those voting in the negative were Senators:

Eldridge Russell

Sutton

Paulk Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Tate Thompson Traylor Tysinger Walker
Turner

WEDNESDAY, FEBRUARY 16, 1977

879

Those not voting were Senators:

Bond Brantley Dean of 6th

Langford Pearce

Timmons Weasels

On the passage of the bill, the yeas were 45, nays 4.

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

HB 350. By Representative Lane of the 81st:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation, as amended, so as to provide the definition of construction to include striping, re-striping, and safety modifications; to provide an effective date.
Senate Sponsor: Senator Reynolds of the 48th.

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:

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

Evans Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Paulk Reynolds

Those not voting were Senators:

Bond Brantley Fincher

Langford Overby Pearce

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Walker
Timmons Wessels

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

880

JOURNAL OP THE SENATE,

SR 27. By Senators Barnes of the 33rd, Shapard of the 28th, Turner of the 8th and others:
A resolution creating the Services for the Aged Study Committee.

Senator Barnes of the 33rd offered the following substitute to SR 27:

A RESOLUTION

Creating the Services for the Aged Study Committee; and for other purposes.

WHEREAS, Senate Resolution 419 of the regular 1976 Session of the Georgia General Assembly created a Services for the Aged Study Committee to function during 1976; and

WHEREAS, the Services for the Aged Study Committee held public hearings across the State during 1976 and prepared a comprehensive report with recommendations for needed actions by the State; and

WHEREAS, members of the Services for the Aged Study Committee recognized that the Committee's work during 1976 was only a small beginning toward a comprehensive program of services for the aged in Georgia; and

WHEREAS, based on the work performed by the Services for the Aged Study Committee during 1976, the General Assembly recognizes the need for continued study of services for the aged, especially in the areas of home care and social services, mandatory retirement laws, transportation, housing and energy, consumer affairs, protective services, employment, and clarification of federal rules and regulations; and
WHEREAS, meeting the needs of Georgia's elderly citizens is of such great importance requiring optimum legislative input and study.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Services for the Aged Study Committee to be composed of five members of the Senate to be appointed by the President of the Senate and five members of the House to be appointed by the Speaker of the House.
The Committee shall study the work and report of the Services for the Aged Study Committee of 1976, and shall conduct a thorough study of the needs of the aged, devoting particular attention to the following areas:

(1) health care and social services; (2) mandatory retirement laws; (3) transportation; (4) housing and energy;

WEDNESDAY, FEBRUARY 16, 1977

881

(5) consumer affairs;

(6) protective services;

(7) employment;

(8) clarification and simplification of federal rules and regulations applicable to the aged;

(9) adequacy of the training of professionals providing health care services, social services, and other services to the elderly; and

(10) such other areas which the Committee deems appropriate for study.

The President of the Senate shall appoint the chairman of the Committee, and the Speaker of the House shall appoint the vice chair man of the Committee. The Committee shall meet upon the call of the chairman. The Committee shall be authorized to study and review existing programs serving the elderly and the means by which improved services can be developed, to prepare legislation necessary to improve on existing services, and to study budget proposals necessary to im prove on existing services and to implement such improved services. The Committee is further authorized to conduct meetings at such places, including places without the State, and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Committee shall receive the compensation and allowances provided by law for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government. The Committee shall publish its findings in a report and shall submit such report to the General Assembly not later than January 1, 1978, at which time the Committee shall stand abolished. Such report shall contain recommenda tions as to the institution of new programs to meet the needs of the aged along with recommendations as to how to facilitate participation of the aged in any new or standing programs.

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:

Allgood Ballard Banks

Barker Barnes Bell

Broun of 46th Brown of 47th Carter

882
Coverdell Dean of 6th Doss Duncan Eldridge English Evans Fincher Foster Gillis Greene Hill Holloway Howard

JOURNAL OF THE SENATE,

Hudgins
Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley Robinson Russell Scott

Shapard
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley

Dean of 31st Langford

Pearce Wessels

On the adoption of the resolution, the yeas were 50, nays 0.

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

HB 77. By Representative McDonald of the 12th:
A bill to amend an Act known as the "Georgia Firefighter Standards and Training Act", so as to provide that the Georgia Firefighter Stan dards and Training Council shall be assigned to the Department of Public Safety; to provide for funding in connection therewith.
Senate Sponsor: Senator Paulk of the 13th.

The Senate Committee on Economy, Reorganization and Efficiency in Government offered the following substitute to HB 77:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Firefighter Standards and Training Act", approved April 10, 1971 (Ga. Laws 1971, p. 693), as amended, particularly by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1725), so as to provide that the Georgia Firefighter Standards and Training Council shall be assigned to the Department of Public Safety; to provide for funding in connection there with; 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 GEOR GIA:
Section 1. An Act known as the "Georgia Firefighter Standards and Training Act", approved April 10, 1971 (Ga. Laws 1971, p. 693), as

WEDNESDAY, FEBRUARY 16, 1977

883

amended, particularly by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1725), is hereby amended by striking subsection (b) of Section 4 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

" (b) The Council is hereby assigned to the Department of Public Safety for administrative purposes. The funds necessary to carry out the provisions of this Act shall come from funds ap propriated to and available to the Georgia Firefighter Standards and Training Council, and from any other available funds. The Council is hereby authorized to accept and use gifts, grants and donations for the purpose of carrying out the provisions of this Act. The Council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out 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 40, 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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher Foster

Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley

Duncan

Wessels

884

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 52, nays 0.

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 4:25 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 17, 1977

885

Senate Chamber, Atlanta, Georgia Thursday, February 17, 1977

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

Senator Johnson of the 34th reported that the Journal of yesterday's pro ceedings had been read and found correct.

Senator Holloway of the 12th moved that the Senate reconsider its action of February 16 in defeating the following bill of the Senate:

SB 202. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others:
A bill to amend an Act known as the "Unemployment Compensation Law", as amended, (now Employment Security Law), so as to provide certain transitional unemployment insurance coverage reimbursable by Federal funds until regular coverage is provided.

On the motion, the yeas were 33, nays 3; the motion prevailed, and SB 202 was reconsidered and placed at the foot of the Calendar.

Senator Barker of the 18th moved that the Senate reconsider its action of February 16 in defeating the following bill of the Senate:

SB 204. By Senators Barker of the 18th, Robinson of the 27th and Bond of the 39th:
A bill to enact the "Motorist Protection Act of 1977"; to provide a short title; to provide definitions; to control certain practices in the auto motive repair industry; to provide for the enforcement and administra tion of this Act; to prohibit certain acts; to provide for investigations and complaints.

On the motion, the yeas were 31, nays 5; the motion prevailed, and SB 204 was reconsidered and placed at the foot of the Calendar.

Senator Carter of the 14th moved that the Senate reconsider its action of February 16 in passing the following bill of the House:

HB 345. By Representatives Jessup of the 117th, Coleman of the 118th, Jackson of the 9th and Dean of the 29th:
A bill to amend Code Section 95A-957 relating to the maximum width of vehicles permitted upon the public roads, so as to provide certain excep tions for buses.

886

JOURNAL OF THE SENATE,

On the motion, the yeas were 31, nays 5; the motion prevailed, and HB 345 was reconsidered and placed at the foot of the 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 446. By Representatives Whitmire, Wood and Jackson of the 9th:
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, so as to include cable television services within the provisions of the Act.

HB 450. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act prohibiting the State Board of Medical Examiners and the State Board of Pharmacy Examiners from issuing a license to practice medicine or pharmacy in this State to any person who was not born or naturalized in the United States or who is not a citizen of the United States.

HB 360. By Representatives Murphy of the 18th, Vaughn of the 57th, Wilson of the 19th and others:
A bill to amend an Act fixing the salaries of the judges of the superior courts, so as to change the compensation provisions relating to secre taries of the judges of the superior courts and district attorneys.

HB 572. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, approved May 22, 1964, as amended so as to provide certain authority for and duties of investigators appointed by, and serving at the direction of, the District Attorney of the Circuit.

HB 596. By Representatives Coleman of the 118th, Twiggs of the 4th, Hanner of the 130th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the development, adoption, modification and administration of examinations for peace of ficer candidates employed by law enforcement units of this State.

THURSDAY, FEBRUARY 17, 1977

887

HB 628. By Representative Castleberry of the lllth:
A bill to amend Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, as amended, so as to conform their meanings to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on Jan. 1, 1977.

HB 810. By Representative Hudson of the 137th:
A bill to create and establish a Small Claims Court in and for Ben Hill County; to prescribe the jurisdiction of said court; to prescribe the pleadings and practices in said court; to provide for the appointment, duties, powers, qualifications and substitutions of the Judge of said court.

HB 815. By Representatives Foster and Wheeler of the 152nd, and Stone and Greene of the 138th:
A bill to amend an Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, as amended, so as to change the compensation of the Judge and Solicitor of the State Court of Pierce County.

HB 816. By Representatives Foster of the 152nd, and Stone and Greene of the 138th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commis sioner of Brantley County, so as to change certain provisions relative to the personnel of the clerk of the superior court.

HB 818. By Representative Lord of the 105th:
A bill to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the sheriff.

HB 821. By Representative Lambert of the 112th:
A bill to provide for a board of elections in each county in this State having a population of not less than 9,000 nor more than 9,200, ac cording to the U.S. Dennial Census of 1970 or any future such census; to define its powers and duties concerning primaries and elections.

HB 825. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to create and establish the Troup County Airport Authority; to provide a title for such Act ("Troup County Airport Authority Act"); to declare the need for such Authority; to declare the public purpose of the Authority; to provide for members of the Authority and their terms.

888

JOURNAL OF THE SENATE,

HB 828. By Representative Edwards of the 110th:
A bill to provide a new Charter for the City of Buena Vista in the County of Marion; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.

HB 829. By Representative Edwards of the 110th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, as amended, so as to provide that the County Commissioners of Marion County, Georgia, shall be able to pay up to the amount charged for legal advertisements on pub lication of an itemized statement.

HB 830. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County, so as to change the compensation of the tax commissioner; to change the compensation of the secretary of the tax commissioner.

HB 183. By Representatives Cox of the 141st, Lord of the 105th, Bargeron of the 83rd and others:
A bill to amend an Act authorizing the operation of vending facilities in State buildings by blind or otherwise seriously disabled persons so as to change the term "vending stand" to "vending facility".

HB 243. By Representative Buck of the 95th:
A bill to amend an Act creating the Superior Court Judges Retirement System, so as to provide for the use and disposition of the employer's contributions paid to the Board of Trustees on behalf of members with drawing from the Retirement System; to provide an effective date.

SB 201. By Senators Riley of the 1st and Wessels of the 2nd:
A bill to amend an Act abolishing the office of County Treasurer in and for the County of Chatham, so as to grant and transfer the former duties of the county treasurer to the Finance Director of Chatham County.

HB 607. By Representatives Lambert of the 112th, Ross of the 76th, Knight of the 67th 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 kindergarten pro gram; to provide authority to the State Board of Education concerning the kindergarten program.

THURSDAY, FEBRUARY 17, 1977

889

HB 627. By Representatives Holmes of the 39th and Bolster of the 30th:
A bill to amend Code Section 59-106 relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, so as to provide a maximum number of jurors to be selected for eligibility to serve as grand jurors in any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means.

HB 792. By Representatives Rainey of the 135th, Peters of the 2nd, Twiggs of the 4th and others:
A bill to enact the Game and Fish Code, Title 45; to completely and comprehensively revise and supersede the laws of this State relating to game and fish; to provide definitions, powers and duties relating to game and fish; to provide a short title; to provide for consent to certain federal laws, rules, regulations and acquisitions.

HB 169. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A bill to amend an Act known as the "Georgia Civil Practice Act" so as to change the provisions of said Act relative to the consolidation of actions involving a common question of law or fact.
HB 300. By Representative Carnes of the 43rd:
A bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages. . ."; so as to provide that no excise or any other taxes shall be due to the State of Georgia, or to any local political subdivision thereof, including coun ties and municipalities, from any licensed wholesale dealer or brewer, on any malt beverages which shall have been rendered unfit for consump tion by reason of breakage, or spoilage, or damage to the package.
SB 55. By Senator Barnes of the 33rd:
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.
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 135. By Representatives Murphy of the 18th, Lambert of the 112th, Lee of the 72nd and others:
A resolution creating the "Select Committee on Constitutional Revision".
HR 182. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Bowden in an amount to be fixed by the governing authority of the city at not more

890

JOURNAL OP THE SENATE,

than $2,000.00 from all City of Bowden ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.

The House has adopted the following resolution of the House:

HE 240. By Representatives Murphy of the 18th, Buck of the 95th, Connell of the 87th and others:
A resolution calling a Joint Session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.

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

HB 452. By Representatives Toles of the 16th, Oldham of the 14th, Gammage of the 17th and others:
A bill to provide for the use of deaf and blind sign language interpreters in certain administrative and judicial proceedings, agency service and educational settings; to provide for notice and need of proof of disability.

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 583. By Representatives Horton of the 43rd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide an effective date.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Horton of the 43rd, Lambert of the 112th and McDonald of the 12th.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 313. By Senator Hudgins of the 15th: A bill to amend Code Title 56, known as the "Georgia Insurance Code", as amended, so as to provide for the inclusion of mental health coverage in all individual and group accident and sickness insurance policies.
Referred to Committee on Banking, Finance and Insurance.

THURSDAY, FEBRUARY 17, 1977

891

SB 314. By Senators Evans of the 37th, Button of the 9th, Robinson of the 27th and others:
A bill to amend an Act known as the "Campaign and Financial Dis closure Act", as amended, so as to impose limitations on contributions to candidates; to provide for the return of contributions in excess of such limitations; to delete the limitations on expenditures for political campaigns. Referred to Committee on Rules.

SB 315. By Senators Greene of the 26th, Overby of the 49th and Walker of the 19th:
A bill to amend an Act known as the "Child Support Recovery Act", as amended, so as to provide that parents may make wage assignments to the Department of Human Resources to fulfill their obligations under this Act; to provide that employers may comply with said assignments. Referred to Committee on Human Resources.

SB 316. By Senator Traylor of the 3rd:
A bill to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint de positories for county funds; to provide for the clerk of the board of com missioners to exercise certain duties; to provide that the clerk cannot hold other elective or appointive public office.
Referred to Committee on County and Urban Affairs.

SB 317. By Senator Howard of the 42nd:
A bill to amend an Act prohibiting certain firing or discharging of fire arms on Sunday, as amended, so as to delete certain exceptions and to provide for additional exceptions. Referred to Committee on Judiciary.

SB 318. By Senator Langford of the 51st:
A bill to amend Code Chapter 79A-10, known as the "Georgia Drug and Cosmetic Act", as amended, so as to require pharmacists dispensing certain drugs to include on the label of the container for such drugs certain information. Referred to Committee on Human Resources.
SR 103. By Senators Hudgins of the 15th, Wessels of the 2nd, Barnes of the 33rd and others:
A resolution creating the Juvenile Judge Qualifications Study Committee. Referred to Committee on Judiciary.
SR 104. By Senators Bell of the 5th, Tysinger of the 41st, Scott of the 43rd and others:
A resolution creating the DeKalb County Board of Education Study Com mittee. Referred to Committee on County and Urban Affairs.

892

JOURNAL OF THE SENATE,

SR 107. By Senators Tysinger of the 41st, Duncan of the 30th, Barker of the 18th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide that bills and resolutions may be introduced jointly in either the Senate or the House of Representatives by Senators and Representatives. Referred to Committee on Rules.

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

HB 810. By Representative Hudson of the 137th:
A bill to create and establish a Small Claims Court in and for Ben Hill County; to prescribe the jurisdiction of said court; to prescribe the pleadings and practices in said court; to provide for the appointment, duties, powers, qualifications and substitutions of the Judge of said court.
Referred to Committee on County and Urban Affairs.

HB 815. By Representatives Poster and Wheeler of the 152nd, and Stone and Greeneof the 138th:
A bill to amend an Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, as amended, so as to change the compensation of the Judge and Solicitor of the State Court of Pierce County. Referred to Committee on County and Urban Affairs.
HB 816. By Representatives Poster of the 152nd, and Stone and Greene 1 of the 138th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commis sioner of Brantley County, so as to change certain provisions relative to the personnel of the clerk of the superior court. Referred to Committee on County and Urban Affairs.
HB 818. By Representative Lord of the 105th:
A bill to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.
HB 821. By Representative Lambert of the 112th:
A bill to provide for a board of elections in each county in this State having a population of not less than 9,000 nor more than 9,200, ac cording 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.

THURSDAY, FEBRUARY 17, 1977

893

HB 825. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to create and establish the Troup County Airport Authority; to provide a title for such Act ("Troup County Airport Authority Act"); to declare the need for such Authority; to declare the public purpose of the Authority; to provide for members of the Authority and their terms. Referred to Committee on County and Urban Affairs.

HB 828. By Representative Edwards of the 110th:
A bill to provide a new Charter for the City of Buena Vista in the County of Marion; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.
Referred to Committee on County and Urban Affairs.

HB 829. By Representative Edwards of the 110th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, as amended, so as to provide that the County Commissioners of Marion County, Georgia, shall be able to pay up to the amount charged for legal advertisements on publication of an itemized statement. Referred to Committee on County and Urban Affairs.
HB 830. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County, so as to change the compensation of the tax commissioner; to change the compensation of the secretary of the tax commissioner. Referred to Committee on County and Urban Affairs.
HB 169. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A bill to amend an Act known as the "Georgia Civil Practice Act" 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.
HB 183. By Representatives Cox of the 141st, Lord of the 105th, Bargeron of the 83rd and others:
A bill to amend an Act authorizing the operation of vending facilities in State buildings by blind or otherwise seriously disabled persons so as to change the term "vending stand" to "vending facility". Referred to Committee on Human Resources.
HB 243. By Representative Buck of the 95th:
A bill to amend an Act creating the Superior Court Judges Retirement System (Ga. Laws 1976, p. 586), so as to provide for the use and dis-

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position of the employer's contributions paid to the Board of Trustees on behalf of members withdrawing from the Retirement System; to provide an effective date.
Referred to Committee on Retirement.

HB 300. By Representative Carnes of the 43rd:
A bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages . . ."; so as to provide that no excise or any other taxes shall be due to the State of Georgia, or to any local political subdivision thereof, including counties and municipalities, from any licensed wholesale dealer or brewer, on any malt beverages which shall have been rendered unfit for consump tion by reason of breakage, or spoilage, or damage to the package.
Referred to Committee on Banking, Finance and Insurance.

HB 360. By Representatives Murphy of the 18th, Vaughn of the 57th, Wilson of the 19th and others:
A bill to amend an Act fixing the salaries of the judges of the superior courts, so as to change the compensation provisions relating to secre taries of the judges of the superior courts and district attorneys. Referred to Committee on Judiciary.

HB 446. By Representatives Whitmire, Wood and Jackson of the 9th:
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 ser vices, so as to include cable television services (CATV) within the pro visions of the Act. Referred to Committee on Industry, Labor and Tourism.

HB 450. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act prohibiting the State Board of Medical Examiners and the State Board of Pharmacy Examiners from issuing a license to practice medicine or pharmacy in this State to any person who was not born or naturalized in the United States or who is not a citizen of the United States.
Referred to Committee on Human Resources.

HB 452. By Representatives Toles of the 16th, Oldham of the 14th, Gammage of the 17th and Childers of the 15th:
A bill to provide for the use of deaf and blind sign language interpreters in certain administrative and judicial proceedings, agency service and educational settings; to provide for notice and need of proof of dis ability. Referred to Committee on Human Resources.

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HB 572. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, approved May 22, 1964, as amended, so as to provide certain authority for and duties of investigators appointed by, and serving at the direction of, the District Attorney of the circuit.
Referred to Committee on Judiciary.

HB 596. By Representatives Coleman of the 118th, Twiggs of the 4th, Hanner of the 130th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the development, adoption, modification and administration of examinations for peace officer candidates employed by law enforcement units of this State.
Referred to Committee on Judiciary.

HB 607. By Representatives Lambert of the 112th, Ross of the 76th, Knight of the 67th 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 kindergarten pro gram; to provide authority to the State Board of Education concerning the kindergarten program. Referred to Committee on Education.

HB 627. By Representatives Holmes of the 39th and Bolster of the 30th:
A bill to amend Code Section 59-106 relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, so as to provide a maximum number of jurors to be selected for eligibility to serve as grand jurors in any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means.
Referred to Committee on Judiciary.

HB 628. By Representative Castleberry of the lllth:
A bill to amend Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, as amended, so as to conform their meanings to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on Jan. 1, 1977. Referred to Committee on Banking, Finance and Insurance.

HB 792. By Representatives Rainey of the 135th, Peters of the 2nd, Twiggs of the 4th and others:
A bill to enact the Game and Fish Code, Title 45; to completely and comprehensively revise and supersede the laws of this State relating to game and fish; to provide definitions, powers and duties relating to game and fish; to provide a short title ("Game and Fish Code"); to

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provide for consent to certain federal laws, rules, regulations and ac quisitions.
Referred to Committee on Natural Resources and Environmental Quality.

HR 135. By Representatives Murphy of the 18th, Lambert of the 112th, Lee of the 72nd and others:
A resolution creating the "Select Committee on Constitutional Revision". Referred to Committee on Rules.

HR 182. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Bowden in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Bowden ad valorem taxes; to provide for the submission 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 Lester of the 23rd 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 268. Do pass. SB 269. Do pass. SB 271. Do pass. SB 273. Do pass. SB 276. Do pass. SB 277. Do pass. SB 278. Do pass. HB 31. Do pass.
Respectfully submitted, Senator Lester of 23rd District, Chairman
Senator Sutton of the 9th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

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897

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 292. Do pass.

SB 293. Do pass.

SB 294. Do pass.

HB 336. Do pass.

HB 337. Do pass.

HB 440. Do pass.

HB 438. Do pass.

HB 582. Do pass as amended.

HB 676. Do pass.

HB 734. Do pass.

HB 735. Do pass.

HB 754. Do pass.

HB 775. Do pass.

HB 782. Do pass.

HB 783. Do pass.

HB 784. Do pass.

HR 13. Do pass by substitute.

HR 163. Do pass.

Respectfully submitted, Senator Sutton of 9th District, Chairman

Senator Howard of the 42nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 298. Do pass.
SB 312. Do pass.
HB 131. Do pass by substitute.
Respectfully submitted, Senator Howard of 42nd District, Chairman

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JOURNAL OF THE SENATE,

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 241. Do pass as amended.
HB 571. Do pass.
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 295. Do pass by substitute. HB 145. Do pass. HB 248. Do pass. HB 285. Do pass. HB 481. Do pass.
Respectfully submitted, Senator Overby of 49th 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 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 297. Do pass by substitute. HB 83. Do pass. HB 202. Do pass. HB 203. Do pass. HB 204. Do pass.

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899

HB 205. Do pass. HB 535. Do pass. HB 552, Do pass. SR 90. Do pass. HR 190. 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 36. By Senator Thompson of the 32nd:
A bill to provide for indemnification with respect to the death of any enforcement officer, fireman or prison guard who is killed or has been killed in the line of duty subsequent to January 1, 1973; to provide for purpose.

SB 109. By Senators Timmons of the llth and Turner of the 8th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that certain retired members may elect, upon divorce, to revoke his or her previously exercised election for an optional retire ment allowance.

SB 154. By Senators Tate of the 38th, Foster of the 50th, Banks of the 17th 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.
SB 249. By Senator Kennedy of the 4th:
A bill to amend an Act relating to the improvement of real estate held by the State of Georgia in fee simple or under quit-claim deed with a reversionary interest in the Federal Government, or under a long-term federal license agreement with a reversionary interest in the Federal Government, as amended.
SB 250. By Senator Kennedy of the 4th:
A bill to amend an Act known as the "Statewide Probation Act", as amended, so as to limit the funds payable to probation supervisors; to provide for the payment over of funds so collected; to provide for the giving of notice of unclaimed funds.
SB 263. By Senators Howard of the 42nd, English of the 21st and Fincher of the 54th:
A bill to create the Probate Judges Council of Georgia; to provide for

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the membership of the council, their qualifications, appointment, elec tion, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities.

SB 264. By Senators Pearce of the 16th and Reynolds of the 48th:
A bill to amend Code Chapter 24-17, relating to powers, election, qual ification and fees of judges of the probate courts, as amended, so as to substantially revise, supersede and change the provisions relating to fees of the judges of the probate courts; to provide for a deposit of cost.

SB 285. By Senator Langford of the 51st:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Gordon Judicial Circuit, to be composed of the County of Gordon; to provide for a judge of the superior court and a district at torney for said circuit.

SR 79. By Senators Riley of the 1st, Holloway of the 12th, Broun of the 46th and others:
A resolution creating the Public Authorities Study Committee.

SR 82. By Senators Timmons of the llth, Russell of the 10th, Carter of the 14th and others:
A resolution relative to bureaucratic bungling by the Office for Civil Rights of the Federal Department of Health, Education and Welfare.

HB 32. By Representatives Lee, Johnson, Benefield and Wood of the 72nd:
A bill to add one additional judge of the Superior Court of the Clayton Judicial Circuit of Georgia, so as to provide for three judges in said court; to provide for the appointment, election and term of office of said judge; to fix a time at which he shall begin his term of office.

HB 34. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for municipal primaries and elections held in conjunction with general primaries and elections.

HB 58. By Representatives Stone of the 138th, Harris of the 8th, Poster of the 6th and others:
A bill to amend an act providing minimum salaries for clerks of the superior courts, so as to change the minimum salaries; to change the provisions relating to clerks who also serve as clerks of other courts.

THURSDAY, FEBRUARY 17, 1977

901

HB 67. By Representatives Walker of the 115th, Culpepper of the 98th, Foster of the 6th and Karrh of the 106th:
A bill to amend Code Section 30-202.1, relating to the grant of attorney's fees in cases involving alimony or divorce so as to provide that the grant of such fees is within the sound discretion of the court, except that the court shall consider the financial circumstances of the wife, as well as those of the husband.

HB 86. By Representative Childers of the 15th:
A bill to amend Code Section 34-1402, relating to application for the absentee ballot as amended, and Code Section 34A-1304, relating to appli cation for the absentee ballot in municipal primaries and elections, as amended.

HB 121. By Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th and others:
A bill to amend Code Section 40-1814, relating to the annual report of the State Auditor, so as to provide for the public inspection of said report.

HB 128. By Representatives Snow of the 1st and Carnes of the 43rd:
A bill to amend an Act providing retirement benefits for the clerks of the Superior Courts of Georgia, so as to provide for the collection of additional legal costs in each civil suit, action, case or proceeding; to provide for the disposition of such costs; to provide that such costs and fees shall be remitted to the board.

HB 151. By Representative Howell of the 140th:
A bill to amend Code Chapter 89-6, relating to books, papers and prop erty of public offices, as amended, so as to designate the Director of the Department of Archives and History as the agent for public of ficers in recovering lost or withheld books and papers.

HB 156. By Representatives Clark, Milford and Mann of the 13th:
A bill to add one additional judge of the superior courts of Northern Judicial Circuit of Georgia; to provide for the appointment of the first additional judge and for the election of successors to such judge; to prescribe the powers of said judge.

HB 168. By Representatives Snow of the 1st, Walker of the 115th, Tucker of the 73rd and others:
A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on the Placement of Children."

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HB 487. By Representatives Kemp of the 139th, Davis of the 99th, Greene of the 138th and Walker of the 115th:
A bill to amend Code Section 34-1406 relating- to voting by absentee electors, so as to provide for additional requirements for casting absentee ballots.

HB 488. By Representatives Kemp of the 139th, Davis of the 99th, Greene of the 138th and Walker of the 115th:
A bill to amend Code Section 34-1405 relating to the duties of the superintendent and board of registrars in relation to absentee ballots, so as to provide for a minimum time within which absentee ballots shall be prepared for certain elections.
HB 509. By Representatives Kilgore of the 65th, Murphy of the 18th, Cooper of the 19th and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit.

HB 598. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to clarify and define the function of the Georgia Peace Officer Standards and Training Council relative to peace officer training.

HB 657. By Representatives Hawkins of the 50th, Marcus of the 26th, Childs of the 51st and others:
A bill to amend Code Section 34A-1012 relating to sample ballots and ballot labels, so as to require the superintendents in certain municipalities to prepare sample or facsimile ballot labels; to provide the procedures connected therewith.

HB 658. By Representatives Hawkins of the 50th, Marcus of the 26th, Childs of the 51st and others:
A bill to amend Code Section 34-1301, relating to the securing of elec tion supplies, so as to require the superintendents in certain counties to prepare sample or facsimile ballot labels; to provide the procedures connected therewith.

HR 35. By Representatives Richardson of the 52nd, Hawkins of the 50th, Sizemore of the 136th and others:
A resolution creating the Troubled Children Study Committee.

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903

HR 41. By Representative Greer of the 43rd:
A resolution creating the Metropolitian Atlanta Rapid Transit Over view Committee; approved Mar. 16, 1973 (Ga. Laws 1973, p. 70), as amended, so as to remove the provisions relating to the repeal of the Resolution.

HR 87. By Representatives Hays of the 1st, Wood of the 9th, Wall of the 61st 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.

HR 210. By Representatives Wood of the 9th, Hays of the 1st, Wall of the 61st and others:
A resolution urging the State Personnel Board and the Commissioner of State Personnel Administration to rescind their action relating to veterans preference.

HB 612. By Representative Vaughn of the 67th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County, so as to change the salaries of the chief deputy and deputy tax commissioners; to provide for additional personnel.

HB 613. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the salary of the coroner.

HB 614. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Commissioner of Rockdale County, as amended, so as to change the salary of the commissioner.

HB 615. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the salary of the judge of the probate court and his chief deputy.

HB 616. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk and his deputies; to provide for additional deputies.

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JOURNAL OP THE SENATE,

HB 617. By Representative Vaughn of the 57th:
A bill to amend an Act providing for a Public Defender for Rockdale County, so as to change the compensation of the public defender.

HB 618. By Representative Vaughn of the 57th:
A bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary, as amended, so as to change the compensation of the sheriff and his deputies; to change the number of deputies.

HB 643. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend Code Section 92-233, relating to the meaning of the term "homestead" for purposes of provisions relating to homestead exemption from taxation, as amended, so as to include within the meaning thereof certain real property held subject to a lease for a certain period of time and located in counties having a population of not less than 10,450 and not more than 10,650 according to the U.S. Decennial Census of 1970 or any future such census.

HB 666. By Representatives Keyton of the 143rd and Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Pavo, Georgia (formerly the Town of Pavo), in the Counties of Thomas and Brooks which was approved Aug. 21, 1911, as amended.

HB 700. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to provide that sessions of the Juvenile Court of Houston County shall be held at such places throughout Houston County as the court from time to time shall determine; to provide an effective date.

HB 701. By Representatives Lord of the 105th and Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, so as to provide for the appointment of a secretary and the furnishing of office space and equipment thereof, and the compensation thereof.

HB 711. By Representative Collins of the 144th:
A bill to provide a new charter for the City of Pelham; to provide for the government, powers, duties, responsibilities and obligations of said city; to provide for all matters related thereto.

HB 713. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act creating the office of Commissioner of Carroll County, as amended, so as to change the provisions relating to the com pensation and allowances of the Commissioner.

THURSDAY, FEBRUARY 17, 1977

905

HB 714. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County on an annual salary, so as to change the compensation of the Clerk of the Superior Court.

HB 717. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commis sioner of Marion County, as amended, so as to change the compensation of the Tax Commissioner.

HB 718. By Representatives Mann, Clark and Milford of the 13th:
A bill to create and establish a Small Claims Court in and for Elbert 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 720. By Representative Walker of the 115th:
A bill to amend an Act to provide for the election of the Board of Commissioners of Schley County, as amended, so as to stagger the terms of the members of the said Board of Commissioners.

HB 721. By Representative Walker of the 115th:
A bill to stagger the terms of office of the members of the Board of Education of Schley County; to provide for the practices and procedures in connection with the foregoing; to specify the sections from which the two members elected from the Ellaville Militia District shall be elected.

HB 728. By Representatives Carlisle and Mostiler of the 71st, Lee of the 72nd and others:
A bill to create and establish a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HR 164. By Representatives Harrison, Isakson and Nix of the 20th 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 of Cobb County shall have jurisdiction; to provide for the sub mission of this amendment for ratification or rejection.

HR 173. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Houston

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JOUENAL OP THE SENATE,

County by the Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejection.

HE 174. By Eepresentatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to pro vide for a seven-member Board of Education of Houston County; to pro vide for the submission of this amendment for ratification or rejection.

HE 178. By Eepresentatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Whitesburg in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Whitesburg ad valorem taxes; to provide for the submission of this amendment for ratification or re jection.

HE 179. By Eepresentatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Carrollton ad valorem taxes; to provide for the submission of this amendment for ratification or rejection.

HE 180. By Eepresentatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Temple in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Temple ad valorem taxes; to provide for the submission of this amendment for ratification or re jection.

HE 181. By Eepresentatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption for residents of the City of Villa Eica in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Villa Eica ad valorem taxes; to provide for the submission of this amendment for ratification or rejec tion.
HE 184. By Eepresentatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the Town of Eoopville in an amount to be fixed by the governing authority of the town at not more than $2,000.00 from all Town of Eoopville ad valorem taxes.

THURSDAY, FEBRUARY 17, 1977

907

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:

HB 659. By Representative Castleberry of the lllth:
A bill to provide a new Charter for the City of Preston in the County of Webster; to provide for the corporate powers of said City; to pro vide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 659 by striking from line 20 of Page 37 the following: "twenty-five",
and inserting in lieu thereof the following: "thirty-five".

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.

SB 283. By Senator Kidd of the 25th: A bill to change the fee of the coroner of any county of this State 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 future such census, for summoning an inquest on a dead body and returning an inquisition.
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,

HB 568. By Representatives Randall of the 101st, Lucas of the 102nd, Birdsong of the 103rd and others:
A bill to change certain provisions creating the Civil Service System and Board of Bibb County, so as to change the number of members of said Board; to provide for terms and appointment of said members; to provide for a quorum.

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 635. By Representatives Johnson, Lee, Benefield and Wood 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 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 636. By Representatives Johnson, Lee, Benefield and Wood 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 said officers.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.

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

HB 637. By Representatives Johnson, Lee, Benefield and Wood 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 said officer.

THURSDAY, FEBRUARY 17, 1977

909

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 638. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to provide for a county supplement to the State salary of the District Attorney of the Clayton Judicial Circuit; to provide the pro cedures connected therewith; 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 652. By Representatives Mann, Milford and Clark of the 13th: A bill to amend an Act entitled "An Act to provide a board of commis sioners for the County of Elbert", as amended, so as to change the com pensation of the Chairman of said 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 667. By Representative Ramsey of the 3rd: A bill to amend an Act providing a new charter for the City of Chatsworth, as amended, so as to redefine 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 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 669. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to provide for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this State having a population of not less than 103,000 and not more than 135,000, accord ing to the U.S. Decennial Census of 1970.

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 670. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and Money of the 5th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Walker County and providing in lieu thereof an annual salary, as amended.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 671. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others: A bill to amend an Act creating the Lookout Mountain Judicial Circuit, as amended, so as to change the compensation which may be paid to the clerk-typist of the district attorney.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 673. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and others: A bill to amend an Act creating a new Charter for the City of Rossville so as to change the provisions relating to the terms of office of the Mayor and Councilmen of the City of Rossville.

THURSDAY, FEBRUARY 17, 1977

911

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 675. By Representatives Taggart of the 125th, Hill of the 127th, Jones of the 126th and others:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, as amended, so as to change the date of regular elections for the City of Savannah Beach, Tybee Island.

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 677. By Representative Rainey of the 135th:
A bill to provide a new Charter for the City of Vienna in the County of Dooly; to provide for the corporate powers of said city; to provide for the governing authority; to provide for the administrative affairs of said city; to provide for municipal court; to provide for 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 680. By Representative Lord of the 105th:
A bill to amend an Act abolishing the fee system for the Sheriff of Glascock County and providing in lieu thereof an annual salary, so as to change certain provisions relating to the sheriff's furnishing an auto mobile and receiving compensation therefor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.

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

HB 685. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, as amended, so as to change the compensation of the County Commissioner of Haralson County; to provide an effective date.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 686. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County, as amended, so as to change the provisions relating to an expense account for the Treasurer of Haralson County; to provide an effective date.

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

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 690. By Representatives Foster and Wheeler of the 152nd and Hudson of the 137th: A bill to amend an Act to create and establish a Small Claims Court in and for Coffee County, so as to change the jurisdictional amount of the court; to require issuance of service from said court within a specified period of time after the filing of a claim.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 691. By Representatives Foster and Wheeler of the 152nd and Stone and Greene of the 138th:
A bill to provide for the election of members of the Board of Education

THURSDAY, FEBRUARY 17, 1977

913

of Pierce County; to provide the manner of electing members to the board; to provide for compensation of the members of the Board; to provide for the filling of vacancies on the Board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 48, nays 0.

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

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

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan English Evans

Fincher Foster Gillis Greene Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Robinson Russell Scott Shapard Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not answering were Senators :

Bond Coverdell Eldridge Hill

Holloway Johnson Riley

Starr (excused conferee) Wessels

Senator Hudgins of the 15th introduced the chaplain of the day, Dr. Vance B. Mathis, pastor of the Edgewood United Methodist Church, Columbus, Georgia, who offered prayer.

Senator Shapard of the 28th introduced the doctor of the day, Dr. Charles C. Releford, of Griffin, Georgia.

The following resolution of the House was read and adopted:

HR 240. By Representatives Murphy of the 18th, Buck of the 95th, Connell of the 87th and others:
A resolution calling a Joint Session of the House of Representatives and

914

JOURNAL OF THE SENATE,

the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court on February 21, 1977.

SENATE RULES CALENDAR Thursday, February 17, 1977
HB 410. Nonprofit Bingo Games--regulation and licensing (SUBs) (AMs) HB 27. Election Code--information concerning primary for federal and
Probate Judges SB 138. Alimony Adjustments--remove limitation on filing petitions (SUB) SB 147. Driver's License Revocation--obtaining limited driver's permit SB 233. Motor Vehicle Inspection Certificate--owner possess insurance
policy SB 254. Crime Information Center--dispersing certain information to cer
tain persons (AM) SB 259. Unauthorized Reproductions of Recorded Material--penalty for
violation SB 260. Dormancy and Statute of Limitations--exclude certain judgments SB 272. Consumers' Utility Counsel--create position (SUB) SR 71. Bingo Operations in Georgia--calling for investigation HB 25. Financial Disclosure Act--change certain requirements (AM) HB 55. Grain Dealers--licensing and bonding provisions HB 211. Alien--unlawful to employ HB 212. Hospitals--reports on personnel actions to Board of Medical Ex
aminers HB 526. Griffin Judicial Circuit Superior Courts--additional judge SB 202. Unemployment Compensation--transitional insurance coverage SB 204. Motorist Protection Act of 1977--enact (SUB) HB 345. Vehicle Upon Public Roads--maximum width exceptions for buses
Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 410. By Representative Lane of the 40th: A bill to provide for the regulation and licensing of the operation of

THURSDAY, FEBRUARY 17, 1977

915

nonprofit bingo games; to define certain terms; to provide for the is suance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games.
Senate Sponsor: Senator Scott of the 43rd.

Senator Bell of the 5th moved that the amendments to HB 410 be printed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the amendments to HB 410 were ordered printed.

The following resolution of the Senate was read and adopted:

SR 93. By Senators Foster of the 50th and Tate of the 38th: A resolution commending Mrs. Patricia Hammond.
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 27. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide that the Secretary of State shall disseminate certain information concerning primaries and elections to candidates for federal and state office and Probate Judges.
Senate Sponsor: Senator Kidd of the 25th.

Senator Kidd of the 25th offered the following amendment:
Amend HB 27 by deleting in their entirety on Page 1, lines 6 through 10, and substituting in lieu thereof the following:
"to change the provisions relating to the district in which electors are to vote; to provide that the names of nominees of".

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, 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:

Allgood Ballard Banks

Barker Bell Brantley

Broun of 46th Brown of 47th Carter

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JOURNAL OF THE SENATE,

Dean of 6th Dean of 31st Doss Duncan Eldridge English Fincher Gillis Greene Hill Holloway Hudgins

Hudson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell

Scott Shapard Starr Stephens Summers Sutton Thompson Traylor Turner Walker Wessels

Those voting in the negative were Senators:

Barnes
Bond Coverdell

Evans
Foster Howard

Johnson
Stumbaugh Tate

Those not voting were Senators:

Langford

Timmons

Tysinger

On the passage of the bill, the yeas were 44, nays 9.

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

Senator Johnson of the 34th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 27.

SB 138. By Senator Barnes of the 33rd:
A bill to amend an Act providing for modification of permanent alimony adjustments, as amended, so as to remove a limitation upon the filing of petitions.
The Senate Committee on Judiciary offered the following substitute to SB 138:
A BILL
To be entitled an Act to amend an Act providing for modification of permanent alimony adjustments, approved March 9, 1955 (Ga. Laws 1955, p. 630), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 94), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 713), so as to remove a limitation upon the filing of petitions; to provide that a change in the income and financial status of either the husband or wife shall authorize modification of a judgment for per manent alimony for the support of the wife; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 17, 1977

917

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing for modification of permanent alimony adjustments, approved March 9, 1955 (Ga. Laws 1955, p. 630), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 94), and an Act approved March 18, 1964 (Ga. Laws 1964, p. 713), is hereby amended by striking Section 1 thereof in its entirety and substituting in lieu thereof a new Section 1, to read as follows:

"Section 1. The judgment of a court providing permanent alimony for the support of a spouse or child or children, or both, shall be subject to revision upon petition filed by either spouse showing a change in the income and financial status of either spouse. Such petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. No petition may be filed by either spouse under this Act within a period of two years from the date of the filing of a previous petition by the said spouse. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded, may modify and revise the previous judgment so as to provide for the wife or child or children, or both, in accordance with the changed income and financial status of either spouse, if such a change in the income and financial status of either spouse is satisfactorily proved, so as to warrant such mod ification and revision. In the hearing upon a petition filed as pro vided herein, testimony may be given and evidence introduced rela tive to the income and financial status of either spouse."

Section 2. Said Act is further amended by striking in Section 2 thereof the words,

"and financial status of the husband",

and substituting in lieu thereof the following:

"of either spouse",

so that when so amended Section 2 shall read as follows:

"Section 2. Upon such an application, as hereinbefore autho rized, the merits of whether the wife, or child or children, or both are entitled in alimony and support are not in issue, but only whether there has been such a substantial change in the income of either spouse as to warrant either a downward or upward revision and modification of the permanent alimony judgment."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Barnes of the 33rd offered the following amendment:

Amend the committee substitute to SB 138 by striking on line 8, Page 1

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JOURNAL OF THE SENATE,

"the husband or wife"

and inserting therein

"spouse";

and by striking on line 9, Page 1 "the wife"

and inserting therein "either spouse, or child or children".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 40, 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:

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

Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce

Those not voting were Senators:

McGill

Starr

Reynolds Riley Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Walker Wessels
Tysinger

THURSDAY, FEBRUARY 17, 1977

919

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

SB 147. By Senators Russell of the 10th and Timmons of the llth:
A bill to amend Code Section 68B-311, relating to limited driving permits for first offenders, so as to change the provisions for obtaining a limited driving permit by a person whose driver's license has been revoked; 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:

Allgood Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Duncan

English Fincher Gillis Hill Howard Hudgins Hudson Kennedy Kidd Lester Paulk Pearce

Those voting in the negative were Senators:

Barnes Coverdell Dean of 31st Doss Eldridge

Evans Foster Greene Johnson Shapard

Reynolds Riley Robinson Russell Scott Starr Stephens Tate Timmons Traylor Walker Wessels
Stumbaugh Summers Sutton Thompson Tysinger

Those not voting were Senators:

Holloway (presiding) Langford

McGill Overby

Turner

On the passage of the bill, the yeas were 36, nays 15.

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

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JOURNAL OF THE SENATE,

The President resumed the Chair.

SB 233. By Senators Brantley of the 56th and Stumbaugh of the 55th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the owner of a motor vehicle shall possess a current and valid liability insurance policy stipulating at least minimum insurance coverage or be self-insured before the person op erating an official inspection station shall issue a new certificate of inspection and approval.

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Duncan English Evans Fincher Foster

Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Dean of 6th Dean of 31st Doss

Eldridge Hill

Stephens Summers

Those not voting were Senators:

Bond

Langford

Overby

On the passage of the bill, the yeas were 46, nays 7.

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:

THURSDAY, FEBRUARY 17, 1977

921

HB 583. By Representatives Horton of the 43rd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide for an effective date.

Senator Tysinger of the 41st moved that the Senate adhere to the Senate substitute to HB 583 and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 583.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Starr of the 44th, Tysinger of the 41st and Thompson of the 32nd.

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 254. By Senator Stumbaugh of the 55th: A bill to amend an Act providing for the establishment of the Georgia Crime Information Center, as amended, so as to authorize the dissemina tion of certain information to certain persons.
The Senate Committee on Judiciary offered the following amendment:
Amend SB 254 by adding on Page 2, line 29, after the word "hiring", the following:
", background investigation".

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 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:

Allgood Ballard Banks

Barker Barnes Bell

Bond Brantley Broun of 46th

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JOURNAL OF THE SENATE,

Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge English Fincher Foster Gillis Greene Hill Holloway

Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Russell.

Those not voting were Senators:

Dean of 31st Evans

Langford

Timmons

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 259. By Senators Johnson of the 34th, Doss of the 52nd and Hudson of the 35th:
A bill to amend an Act to prohibit certain unauthorized transfers and reproductions of recorded material, so as to change the penalty for violation of 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:

Allgood Ballard
Banks Barker
Barnes Bell Bond
Brantley Broun of 46th Brown of 47th

Carter Coverdell
Dean of 6th Doss
Eldridge English Evans
Fincher Foster Gillis

Greene Hill
Holloway Howard
Hudgins Johnson Kennedy
Kidd Lester McGill

THURSDAY, FEBRUARY 17, 1977

923

Overby Paulk Reynolds Riley Robinson Russell Scott

Shapard Stephens Stumbaugh Summers. Sutton Tate Thompson

Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean of 31st Duncan Hudson

Langford Pearce

Starr (excused conferee)

On the passage of the bill, the yeas were 50, nays 0.

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

SB 260. By Senator Pearce of the 16th:
A bill to amend Code Chapter 110-10, relating to dormant judgments and their revival, as amended, so as to exclude certain judgments from the application of dormancy and statute of limitations provisions.

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge English Evans
Fincher

Foster Gillis Greene Hill Howard Hudgins Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Dean of 31st Duncan

Holloway Hudson Langford

Starr (excused conferee)

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JOURNAL OF THE SENATE,

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

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

SB 272. By Senators Johnson of the 34th, Riley of the 1st, Wessels of the 2nd and others:
A bill to create the position of Consumers' Utility Counsel; to provide for a statement of purpose and intent; to provide for definitions; to provide for the appointment and employment of the Consumers' Utility Counsel.

The Senate Committee on Consumer Affairs offered the following substitute to SB 272:
A BILL
To be entitled an Act to create the position of Consumers' Utility Counsel; to provide for a statement of purpose and intent; to provide for definitions; to provide for the appointment and employment of the Con sumers' Utility Counsel; to provide for the qualifications, compensation, expenses, powers, duties and authority of the Consumers' Utility Counsel; to prohibit any person employed as Consumers' Utility Counsel from en gaging in certain activities; to provide for penalties; to authorize the 'Consumers' Utility Counsel to appear on behalf of consumers in certain proceedings; to provide for practices and procedures; to provide for ser vices and notice; to require the Public Service Commission to give certain written notice of proceedings; to provide for depositions and discovery; to provide for orders, injunctions, subpoenas and actions; to provide for the employment of certain people and their compensation; to provide for the furnishing of services; to provide for access to certain records, files, reports, documents and other information; to provide for the construc tion of this Act; to provide for other matters relative to the foregoing; to repeal Code Chapter 93-3A, relating to the Consumers' Utility Coun sel; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. The General Assembly hereby recognizes the importance of effective and economical public utilities to the economy of the State of Georgia. It is further recognized that the citizens of Georgia should re ceive adequate utility services at the lowest reasonable cost to the con sumer while maintaining the ability of public utilities to furnish their products and services. It is further recognized that the Georgia Public Service Commission has been established for the purpose of regulating public utilities and the rates which they charge the consumer and that the Commission is responsible for representing the public interest. The General Assembly is aware, however, that the Public Service Commission must be furnished with all available information concerning the effects of its decisions in rate cases and proceedings before it. It is the purpose of this Act to insure that the Public Service Commission receives such in-

THURSDAY, FEBRUARY 17, 1977

925

formation, particularly in those cases which directly involve the vast majority of Georgia's citizens.

Section 2. As used in this Act:

(a) "Administrator" means the administrator of the Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. Laws 1975, p. 376), as the same may now or hereafter be amended.

(b) "Consumer" means an individual who is a personal, noncom mercial user of the product or service of a public utility which is under the jurisdiction of the Georgia Public Service Commission. "Consumer"
shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial user of the product or service of a public utility which is under the jurisdiction of the Georgia Public Service Commission and which has 10 or fewer employees or a net income after taxes of $100,000 per annum or less for federal income tax purposes.

Section 3. (a) There is hereby created within the office of the ad ministrator of the Fair Business Practices Act of 1975, approved April
10, 1975 (Ga. Laws 1975, p. 376), the position of Consumers' Utility Counsel. The Consumers' Utility Counsel shall be an employee in the unclassified service of the State Merit System of Personnel Adminis tration. The Consumers' Utility Counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility pro
ceedings. The Consumers' Utility Counsel shall receive such compensa tion as may be fixed by the administrator. In addition to such compensa tion, the Consumers' Utility Counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law for State employees. No person employed as Consumers' Utility Counsel shall engage in the private practice of law while employed as Consumers' Utility Counsel.

(b) During the period of his employment, and for a period of five years following the termination of his employment, it shall be unlawful for any person employed as Consumers' Utility Counsel to directly or indirectly provide legal services to, or be employed in any capacity by, a public utility, its parent or its subsidiary companies, corporations or cooperatives, but such person may otherwise engage in the private prac tice of law after the termination of his employment as Consumers' Utility Counsel. Any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprison ment for not less than 1 nor more than 5 years or by a fine of not more than $5,000, or both.

Section 4 (a) The Consumers' Utility Counsel shall be entitled to ap pear, as a party or otherwise, on behalf of the consumers of this State of services provided by any person, firm or corporation subject to the juris diction of the Georgia Public Service Commission, and on behalf of the consumers of this State, in all proceedings before the Georgia Public Service Commission which may involve or affect rates for service or services of utilities and in all other proceedings before the Georgia Public Service Commission under its regulatory jurisdiction over utilities.
(b) The Consumers' Utility Counsel may also appear in the same

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JOURNAL OF THE SENATE,

representative capacity in similar administrative proceedings affect ing the consumers of this State before any federal or local administra tive agency or body which has regulatory jurisdiction over rates, services, and similar matters with respect to services provided by any person, firm, or corporation under a franchise, certificate of public convenience and necessity, or similar instrument issued by such agency or body.

(c) The Consumers' Utility Counsel shall be authorized in the same representative capacity to initiate proceedings, by complaint or other wise, before any administrative agency, before whom he is otherwise authorized to appear, with respect to matters properly within the cog nizance of those agencies.

(d) The Consumers' Utility Counsel shall be authorized in the same representative capacity to initiate, or intervene as of right or otherwise appear in, any judicial proceedings involving or arising out of any action taken by an administrative agency in a proceeding in which the Con sumers' Utility Counsel was authorized to appear under subsections (a), (b) or (c) of this Section.

Section 5. (a) In addition to other requirements of service and notice now imposed by law, a copy of any application, correspondence, complaint, pleading, paper or notice to or issued by the Georgia Public Service Commission shall also be served on the Consumers' Utility Counsel. The Commission shall not proceed to hear or determine any petition, complaint, or proceeding in which the Consumers' Utility Coun sel is entitled to appear unless it shall affirmatively appear that the Consumers' Utility Counsel was given at least 60 days' written notice thereof, unless such notice is affirmatively waived in writing or the Consumers' Utility Counsel appears and specifically waives such notice.

(b) The Consumers' Utility Counsel is hereby authorized to take depositions and obtain discovery of any matter, not privileged, which is relevant to the subject matter involved in any proceeding or petition before the Public Service Commission in the same manner and subject to the same procedures which would otherwise be applicable if such pro ceeding was then pending before a superior court. The superior courts
and the judges and clerks thereof are hereby authorized to issue all orders, injunctions, subpoenas, and to take all actions, necessary to carry out the provisions of this subsection.

Section 6. The administrator is hereby authorized to provide such assistance as may be needed by the Consumers' Utility Counsel and is hereby authorized to employ, and fix the compensation of, such consul tants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance, including expert witnesses, as may be necessary to carry out the duties of the Consumers' Utility Counsel. The compensation of the Consumers' Utility Counsel and such staff shall be paid from State funds appropriated or otherwise
made available for such purposes.

Section 7. Services of all engineers, experts, accountants and other technical assistants employed by the Georgia Public Service Commission shall be available to the Consumers' Utility Counsel in the performance

THURSDAY, FEBRUARY 17, 1977

927

of his duties, and such engineers, experts, accountants and technical assistants shall make such appraisals and audits as the Consumers' Utility Counsel, with the approval of the Georgia Public Service Com mission, may request. The Consumers' Utility Counsel and his staff shall have access to all records, files, reports, documents, and other informa tion in the possession or custody of the Public Service Commission to the same extent as the members of the Commission and its staff have access thereto and subject to the same limitations imposed on the use thereof.

Section 8. The provisions of this Act shall not be construed to prevent any party interested in any proceeding, suit or action before the Georgia Public Service Commission, any court or any administrative body, from appearing in person or by counsel in such proceeding, suit or action.

Section 9. Code Chapter 93-3A, relating to the Consumers' Utility Counsel, is hereby repealed in its entirety.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Wessels of the 2nd offered the following amendment:

Amend the committee substitute to SB 272 by striking from line 7 on Page 5 "60" and substituting therefor "14".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment was adopted.

Senator Riley of the 1st offered the following amendment:

Amend the committee substitute to SB 272 by striking Subsection 3(a) in its entirety and substituting in lieu thereof the following:

"Section 3. (a) There is hereby created the position of Con sumers' Utility Counsel, which shall be attached for administrative purposes to the office of the administrator of the Fair Business Practices Act of 1975, approved April 10 1975 (Ga. Laws 1975, p. 376). The Consumers' Utility Counsel shall be appointed by the Attorney General with the advice and consent of the Senate for an initial term ending December 31, 1978. Successors shall be appoint ed in the same manner for two year terms. The Consumers' Utility Counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility proceedings. The Consumers' Utility Counsel shall receive the same compensation as may be pro vided by law for a District Attorney. In addition to such compensa tion, the Consumers' Utility Counsel shall also receive reimburse ment for his reasonable and necessary expenses incurred in the per formance of his duties, as provided by law for State employees. No person employed as Consumers' Utility Counsel shall engage in the private practice of law while employed as Consumers' Utility Counsel." ,

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and by striking in Section 6 on Page 5, line 21, the word

"administrator"

and inserting in lieu thereof the words:

"Consumers' Utility Counsel",

and by striking in Section 6 on Page 5, line 22, the word "provide"

and inserting in lieu thereof the word
"employ".
Senator Gillis of the 20th offered the following amendment:
Amend the amendment offered by Senator Riley of the 1st to the committee substitute to SB 272 by adding at the end of Section 3 quoted matter the following:
"The actions of the Consumers' Utility Counsel shall be reviewed annually by the appropriate committees of the House and Senate."
On the adoption of the amendment offered by Senator Gillis of the 20th, the yeas were 32, nays 1, and the amendment was adopted.

On the adoption of the amendment offered by Senator Riley of the 1st, the yeas were 33, nays 0, and the amendment was adopted as amended.

On the adoption of the substitute, the yeas were 41, 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:

Allgood Ballard Banks Barker Barnes Bell Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge English Evans Fincher Foster Gillis Greene

THURSDAY, FEBRUARY 17, 1977

929

Hill Holloway Howard Hudson Johnson Kennedy Kidd Lester Overby Paulk

Pearce Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Trayler Turner Tysinger Wessels

Those not voting were Senators:

Bond Duncan

Hudgins Langford

McGill Walker

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 Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Committee on Rules and committed to the Committee on Economy, Reorganization and Efficiency in Government:

SB 299. By Senator Traylor of the 3rd:
A bill to require that editorials published in newspapers and magazines printed in this State shall contain the names of the authors of such editorials; to provide penalties.

On the motion, the yeas were 33, nays 1; the motion prevailed, and SB 299 was withdrawn from the Committee on Rules and committed to the Committee on Economy, Reorganization and Efficiency in Government.

The President announced that the Senate would stand in recess from 12:17 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.
The following general bill of the House, having been read the third time previously today and postponed until the amendments thereto could be printed, was put upon its passage:
HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of non profit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the opera tion of nonprofit bingo games.
Senate Sponsor: Senator Scott of the 43rd.

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JOURNAL OF THE SENATE,

The Senate Committee on Judiciary offered the following substitute to HB410:

A BILL

To be entitled an Act to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games; to provide a licen sing procedure; to require a fee; to provide for and regulate the conduct of bingo games; to require annual reports and to provide for their con tents; to provide for revocation of licenses; to provide a right of access for certain law enforcement agents; to declare certain contracts null and void; to prohibit certain activities; to provide for rules and regu lations; to provide for penalties; 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. Definitions. As used in this Act:
(a) "Bingo games", "bingo game" or "nonprofit bingo games" means a game of chance played on cards with numbered squares in which coun ters or indicators are placed on numbers chosen by lot and won by cover ing five such squares in a row. Such words, terms or phrases, as used in this subsection, shall be strictly construed to include only that series of acts generally identified as bingo and shall exclude all other activity. In the event of controversy concerning whether or not certain activity constitutes bingo, the decision of the State Revenue Commissioner shall control.
(b) "Commissioner" means the State Revenue Commissioner.

(c) "Conduct", "conducted" or "conducting" means the direction, supervision, management, operation, control or guidance of activity.

Section 2. Conduct of bingo game; license required. Any provision of the law to the contrary notwithstanding, no tax exempt organization shall be permitted to conduct a bingo game until the Commissioner issues a license to the organization. The license described in this Act is in addi tion to and not in lieu of any other licenses which may be required by the State of Georgia or any political subdivision thereof.

Section 3. Licensing procedure; application; fee; renewal. Any non profit tax exempt organization desiring to obtain a license to conduct bingo games shall make application to the Commissioner on a form pre scribed by the State Revenue Department and shall pay an annual fee of $100.00. Renewal applications for each calendar year shall be filed with the Commissioner by such organizations. Said licenses shall be prom inently displayed within the premises where the bingo games are con
ducted.

THURSDAY, FEBRUARY 17, 1977

931

Section 4. Conduct of bingo games; place where held. Bingo games shall be conducted only on the premises or place of business of the non profit tax exempt organization and shall not be held any other place or in conjunction with any other organization except with the express per mission and consent of the Commissioner.

Section 5. Annual report to be filed with Commissioner. On or before April 15 of each year every nonprofit tax exempt organization engaged in conducting bingo games shall file with the Commissioner a report dis closing all receipts and expenditures relating to the conducting of bingo games during the previous year. Said report shall be in addition to all other reports required by law. Said report shall be prepared and signed by a Certified or Registered Public Accountant, an attorney or other person competent to prepare such a report and shall be deemed a public record subject to public inspection.

Section 6. Revocation of license; access to premises by law enforce ment agents. The Commissioner shall have the specific authority to re voke any license for cause after conducting a hearing. Agents appointed by the Commissioner, any State law enforcement officer, and agents of local law enforcement agencies are empowered and authorized to enter upon the premises of any organization engaged in the conducting of a bingo game at any time for the purpose of inspecting said premises and shall have the authority to seize and take possession of all property which is declared contraband. In addition, said agents shall have access during such inspection to all books, records and supplies relating to the conduct of the bingo game.

Section 7. Certain contracts declared null and void; prohibited activi ties, (a) No nonprofit tax exempt organization shall enter into any con tract with any individual, firm, association or corporation to have such individual, firm, association or corporation conduct bingo games on be half of the nonprofit tax exempt organization. Any such contract here tofore or hereafter entered into between a nonprofit tax exempt organi zation and any individual, firm, association or corporation is hereby declared to be null and void. It is the intention of the General Assembly that only nonprofit tax exempt organizations which are properly licensed pursuant to this Act shall be allowed to conduct bingo games.

(b) A nonprofit tax exempt organization shall not lend its name or allow its identity to be used by any individual, firm, association or corporation in the conducting or advertising of a bingo game in which said tax exempt organization is not directly and solely conducting said bingo game.
(c) It shall be unlawful for two or more nonprofit tax exempt organi zations which are properly licensed pursuant to this Act to conduct bingo games jointly or to conduct bingo games upon the same premises during any 24-hour period.
(d) It shall be unlawful for two or more nonprofit tax exempt or ganizations which are properly licensed pursuant to this Act to pyramid the valuation of prizes in such a manner as to exceed the limits of cash or gifts of equivalent value as provided in Article I, Section II, Para graph XI of the Constitution of the State of Georgia. The term "equiva-

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JOURNAL OF THE SENATE,

lent value" shall mean the fair market value of the gift on the date the gift is given as a prize in a bingo game.

Section 8. Rules and regulations. The Commissioner is hereby autho rized to promulgate rules and regulations he deems necessary for the proper enforcement of the provisions of this Act.

Section 9. Penalty. Any person who conducts a bingo game without a valid license issued by the Commissioner as provided in this Act, and any person who knowingly aids, abets, or otherwise assists in conduct ing a bingo game for which a license has not been obtained as provided in this Act, shall be guilty of a misdemeanor and, upon conviction there of, shall be fined not less than $500 nor more than $1,000 or confined for a period of not less than one month nor more than 12 months, or both. Any person who commits any such violation after having previously been convicted of any violation of the provisions of this Act shall be guilty of a felony and, upon conviction thereof, shall be punished as for a felony.

Section 10. 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 unconstitutional.

Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Scott of the 43rd offered the following substitute to HB 410:
A BILL
To be entitled an Act to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; -to pro vide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games; to provide a licen sing procedure; to require fees; to provide for and regulate the opera tion of bingo games; to require annual reports and to provide for their contents; to provide for revocation of licenses; to provide a right of access for certain law enforcement agents; to prohibit certain contracts; to prohibit certain activities; to provide for rules and regulations; to provide for penalties; to provide for other matters relative to the fore going; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 17, 1977

933

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Definitions. As used in this Act:

(a) "Bingo games" or "nonprofit bingo games" means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. Such words, terms or phrases, as used in this subsection, shall be strictly construed to include only that series of acts generally defined as bingo and shall exclude all other activity.

(b) "Commissioner" means the State Revenue Commissioner.

(c) "Operate", "operated" or "operating" means the direction, super vision, management, operation, control or guidance of activity.

Section 2. Operation of bingo games; license required. Any provision of the law to the contrary notwithstanding, no nonprofit tax exempt organization shall be permitted to operate a bingo game until the Com missioner issues a license to the organization authorizing it to do so. In the event of any controversy concerning whether or not certain acti vity constitutes bingo for which a license may be issued, the decision of the State Revenue Commissioner shall control. The license described in this Act is in addition to and not in lieu of any other licenses which may be required by the State of Georgia or any political subdivision thereof, and no bingo game shall be operated until such time as all requisite licenses have been obtained.

Section 3. Licensing procedures; application; fee; renewal. Any non profit tax exempt organization desiring to obtain a license to operate bingo games shall make application to the Commissioner on forms pre scribed by the State Department of Revenue and shall pay an annual fee of $100.00. Renewal applications for each calendar year shall be filed with the Commissioner by such organization and shall be on a form pre scribed by the State Department of Revenue. All licenses to operate bingo games shall be prominently displayed within the premises where the bingo games are conducted.

Section 4. Operation of bingo games; place where held. Bingo games shall be operated only on premises owned by the nonprofit tax ex empt organization operating the bingo game, on property leased by the nonprofit tax exempt organization and used regularly by that organiza tion for purposes other than the operation of a bingo game, or on prop erty leased by the nonprofit tax exempt organization operating the bingo game, from another nonprofit tax exempt organization.

Section 5. Annual report to be filed with the Commissioner. On or before April 15 of each year every nonprofit tax exempt organization engaged in operating bingo games shall file with the Comissioner a report disclosing all receipt and expenditures relating to the operation of bingo games in the previous year. Said report shall be in addition to all other reports required by law. Said report shall be prepared and signed by

934

JOURNAL OF THE SENATE,

a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection.

Section 6. Revocation of licenses; access to premises by law enforce ment agents. The Commissioner shall have the specific authority to re voke any license for any violation of the provisions of this Act or for any violation of any rule or regulation promulgated hereunder. Any licensee accused of violating any provision of this Act or of any rule or regulation promulgated hereunder shall be entitled, unless waived, to a hearing on the matter of the alleged violation. Agents appointed by the Commissioner, any State law enforcement officer and agents of local law enforcement agencies are empowered and authorized to enter upon the premises of any organization engaged in the operating of a bingo game at any time for the purpose of inspecting said premises and shall have the authority to seize and take possession of all property which is declared contraband. In addition, said agents shall have access during such inspection to all books, records and supplies relating to the operating of the bingo game.

Section 7. Certain contracts declared null and void; prohibited acti vities, (a) No nonprofit tax exempt organization shall enter into any contract with any individual, firm, association or corporation to have such individual, firm, association or corporation operate bingo games on behalf of the nonprofit tax exempt organization. It is the intention of the General Assembly that only nonprofit tax exempt organizations which are properly licensed pursuant to this Act shall be allowed to oper ate bingo games.

(b) A nonprofit tax exempt organization shall not lend its name or allow its identity to be used by any individual, firm, association or corporation in the operating or advertising of a bingo game in which said nonprofit tax exempt organization is not directly and solely operating said bingo game.

(c) It shall be unlawful for two or more nonprofit tax exempt organizations which are properly licensed pursuant to this Act to operate bingo games jointly or to operate bingo games upon the same premises during any 24 hour period.
(d) It shall be unlawful for two or more nonprofit tax exempt organizations which are properly licensed pursuant to this Act to pyra mid the valuation of prizes in such manner as to exceed the limits in cash or gifts of equivalent value as provided in Art. I, Sec. II, Par. XI of the Constitution of the State of Georgia. The term "equivalent value" shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game.
Section 8. Rules and regulations. The Commissioner is hereby au thorized to promulgate rules and regulations which he deems necessary for the proper administration and enforcement of the provisions of this Act. All rules and regulations must be submitted to a subcommittee consisting of three members of the House of Representatives and three members of the Senate who shall have been appointed to said subcommit tee by the Chairman of the House and Senate committees to which this Act was referred.

THURSDAY, FEBRUARY 17, 1977

935

Section 9. Penalty. Any person who operates a bingo game with out a valid license issued by the Commissioner as provided in this Act and any person who knowingly aids, abets or otherwise assists in the operation of a bingo game for which a license has not been obtained as provided in this Act, shall be guilty of a misdemeanor, and upon con viction thereof, shall be fined not less than $500.00 nor more than $1,000.00 or confined for a period of not less than one month nor more than 12 months or both. Any person who commits any such violation after having previously been convicted of any violation of the provisions of this Act shall be guilty of a felony and, upon conviction thereof, shall be punished as for a felony.

Section 10. 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 ad judged unconstitutional.

Section 11. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Evans of the 37th offered the following amendment:

Amend the substitute offered by Senator Scott of the 43rd to HB 410 by deleting from Section 8 on Page 5, the second sentence, which reads as follows: "All rules and regulations must be submitted to a sub committee consisting of three members of the House of Representatives and three members of the Senate who shall have been appointed to said subcommittee by the Chairman of the House and Senate Committees to which this Act was referred."

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment offered by Senator Evans of the 37th to the substitute offered by Senator Scott of the 43rd was adopted.

Senator Evans of the 37th offered the following amendment:
Amend the substitute offered by Senator Scott of the 43rd to HB 410 by inserting on Page 5, line 13 after the word "Act" the following:
", or who operates a bingo game on premises not authorized by this Act."

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment offered by Senator Evans of the 37th to the substitute offered by Senator Scott of the 43rd was adopted.

Senator Johnson of the 34th offered the following amendment:
Amend the substitute offered by Senator Scott of the 43rd to HB 410 by adding to Section 3, following the sentence ending on line 23 of Page 2, the following:
"No license shall be issued to any nonprofit tax exempt organi zation unless such organization has been in existence for 12 months immediately prior to the issuance of the license."

On the adoption of the amendment, the yeas were 33, nays 1, and the amend ment offered by Senator Johnson of the 34th to the substitute offered by Senator Scott of the 43rd was adopted.

Senator Johnson of the 34th offered the following amendment:
Amend the substitute offered by Senator Scott of the 43rd to HB 410 by adding at the end of Section 4 on Page 3, the following:
"No game or games of bingo shall be conducted in any room or outdoor area where alcoholic beverages are sold, served or consumed during the progress of the game or games."
On the adoption of the amendment, the yeas were 18, nays 20, and the amend ment offered by Senator Johnson of the 34th to the substitute offered by Senator Scott of the 43rd was lost.
Senator Stumbaugh of the 55th offered the following amendment:
Amend the substitute offered by Senator Scott of the 43rd to HB 410 by striking the words "that organization" on line 2 of Page 3 and inserting in lieu thereof: "the leasor".

On the adoption of the amendment, the yeas were 4, nays 31, and the amend ment offered by Senator Stumbaugh of the 55th to the substitute offered by Senator Scott of the 43rd was lost.

Senator Evans of the 37th moved to commit HB 410 to the Committee on Judiciary.

Senator Scott of the 43rd moved the previous question.

Senator Coverdell of the 40th moved to table HB 410.

THURSDAY, FEBRUARY 17, 1977

937

The President ruled the motion to table takes precedence.

On the motion to table, Senator Scott 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:

Coverdell Evans

Howard

Those voting in the negative were Senators:

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

Fincher Foster Gillis Greene Holloway Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Those not voting were Senators:

Bond Hill

Langford

Stumbaugh
Riley Robinson Russell Scott Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Shapard

On the motion to table, the yeas were 4, nays 48; the motion was lost, and HB 410 was not tabled.

On the motion for the previous question, the next motion in precedence, the yeas were 38, nays 5; the motion prevailed, and the previous question was ordered.

Senator Pearce of the 16th offered the following amendment:
Amend the substitute offered by Senator Scott of the 43rd to HB 410 by striking the word "regularly" on line 2, Page 3.

On the adoption of the amendment, the yeas were 44, nays 0, and the amend ment offered by Senator Pearce of the 16th to the substitute offered by Senator Scott of the 43rd was adopted.

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JOURNAL OF THE SENATE,

Senator Johnson of the 34th offered the following amendment:

Amend the substitute offered by Senator Scott of the 43rd to HB 410 by adding to the end of Section 4, following the sentence ending on line 6 of Page 3, the following:

"No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license is sued under this Act unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of bingo conducted pursuant to any license issued under this Act."

On the adoption of the amendment, the yeas were 29, nays 8, and the amend ment offered by Senator Johnson of the 34th to the substitute offered by Senator Scott of the 43rd was adopted.

Senator Broun of the 46th offered the following amendment:
Amend the substitute offered by Senator Scott of the 43rd by adding a new subsection at the end of Section 7 thereof, to be designated sub section (e), to read as follows:
"(e) No person or organization by whatever name or composi tion thereof shall take any salary, expense money or fees for the operation of any bingo game, except that not more than $15.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day."

On the adoption of the amendment, the yeas were 46, nays 0, and the amend ment offered by Senator Broun of the 46th to the substitute offered by Senator Scott of the 43rd was adopted.

On the adoption of the substitute offered by the Committee on Judiciary, the yeas were 2, nays 42, and the substitute was lost.

On the adoption of the substitute offered by Senator Scott of the 43rd, the yeas were 46, 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 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:

Allgood Ballard Banks

Barker Barnes Bell

Brantley Broun of 46th Brown of 47th

THURSDAY, FEBRUARY 17, 1977

939

Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher Foster Gillis Greene Holloway Howard

Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Hill

Langford

Shapard

On the passage of the bill, the yeas were 52, nays 0.

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

Senator Scott of the 43rd moved that HB 410 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 410 was immediately transmitted to the House.

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 71. By Senators Gillis of the 20th, Kennedy of the 4th, English of the 21st and others:
A resolution calling for an investigation of bingo operations in Georgia.

Senators Starr of the 44th and Gillis of the 20th offered the following amend ment:
Amend SR 71 by deleting on line 26, Page 1, the words "regular 1977" and inserting in lieu thereof the following: "next regular".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

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JOURNAL OF THE SENATE,

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Foster Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brown of 47th Duncan

Hill Hudgins Langford

Lester McGill Shapard

On the adoption of the resolution, the yeas were 47, nays 0.

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

The following general bill of the House, having been read the third time on February 8 and postponed until February 11, committed to the Committee on Economy, Reorganization and Efficiency in Government on February 11, favor ably reported on February 16 and postponed until February 17, was put upon its
passage:

HB 25. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend the Campaign and Financial Disclosure Act, approved March 5, 1974, so as to change certain campaign disclosure report filing requirements under Section 6(d) of said Act.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following amendment:

THURSDAY, FEBRUARY 17, 1977

941

Amend HB 25 by deleting on Page 1, lines 20 and 21 in their entirety and substituting in lieu thereof:

"general) and receives no contributions of $101.00 or more,".

On the adoption of the committee amendment, the yeas were 31, nays 0, and the amendment was adopted.

Senator Kidd of the 25th offered the following amendment: Amend HB 25 by deleting on Page 1, line 20, the word "contributions"
and substituting in lieu thereof: "contribution".

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment offered by Senator Kidd of the 25th was adopted.

Senator Sutton of the 9th offered the following amendment:
Amend HB 25 by adding on line 24, Page 1, between the word and symbol, "act,", and the word, "said", the following:
"or in the event any candidate covered by the provisions of this Act receives and accepts no contributions of whatever amount except contributions of the candidate's personal funds to his own cam paign,".

On the adoption of the amendment, Senator Sutton of the 9th called for the yeas and nays; the call was not sustained.

On the adoption of the amendment, the yeas were 28, nays 11, and the amend ment offered by Senator Sutton of the 9th was adopted.

Senators Robinson of the 27th and Howard of the 42nd offered the following amendment:
Amend HB 25 by striking on Page 1, lines 22 and 23, and on line 24 the following: "of this Act".

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment offered by Senators Robinson of the 27th and Howard of the 42nd was adopted.

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JOURNAL OF THE SENATE,

Senator Holloway of the 12th moved that further action on HB 25 be post poned until 11:00 o'clock A.M. February 18.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 25 was postponed until February 18.

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

HB 55. By Representatives Long of the 142nd, Patten of the 149th, Collins of the 144th and others:
A bill to amend an Act regulating the sales, operations, practices and procedures of grain dealers, so as to exempt from the licensing and bonding provisions contained therein those grain dealers already in com pliance with the licensing and bonding requirements of the Georgia State Warehouse Act, as amended.
Senate Sponsor: Senator McGill of the 24th.

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:

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

Evans Fincher Foster Gillis Greene Holloway Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby
Paulk
Pearce
Reynolds

Those not voting were Senators:

Duncan Hill Howard

Langford Shapard

Riley Robinson Russell Scott Starr Stephens Stumbaugh Summers Button Tate Timmons Traylor Turner Tysinger Walker Wessels
Thompson (excused conferee)

THURSDAY, FEBRUARY 17, 1977

943

On the passage of the bill, the yeas were 50, nays 0.

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

HB 211. By Representatives Wall of the 61st, Phillips of the 59th and Harris of the 60th: A bill to amend Code Chapter 79-3, relating to residents and aliens, so as to make it unlawful for any employer to knowingly employ an alien who is not entitled to lawful residence in the United States; to provide a penalty. Senate Sponsor: Senator Scott of the 43rd.
Senator Sutton of the 9th offered the following amendment:
Amend HB 211 by striking on line 26 on Page 1, the following:
"will not",
and substituting in lieu thereof the following:
"shall".

On the adoption of the amendment, the yeas were 8, nays 28, and the amendment was lost.

Senator Scott of the 43rd offered the following amendment:

Amend HB 211 by striking Section 4 in its entirety and renumbering Section 5 as Section 4.

On the adoption of the amendment, the yeas were 33, 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:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes

Bell Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss

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JOURNAL OP THE SENATE,

Duncan English Pincher Foster Gillis Greene Holloway Hudgins Hudson Johnson Kennedy Kidd

Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Russell Scott Shapard Starr

Stephens Summers Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Eldridge Evans

Howard Stumbaugh

Sutton

Those not voting were Senators Hill and Langford.

On the passage of the bill, the yeas were 49, nays 5.

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

HB 212. By Representatives Mann, Clark, and Milford of the 13th and others:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to require hospitals and related institutions to submit written reports of certain personnel actions to the Composite State Board of Medical Examiners.
Senate Sponsor: Senator Brown of the 47th.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Doss Duncan Eldridge English Evans Pincher Foster Gillis Greene Holloway Howard

Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

THURSDAY, FEBRUARY 17, 1977

945

Riley Robinson Russell Scott Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators Dean of 31st and Hill.

On the passage of the bill, the yeas were 54, nays 0.

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

HB 526. By Representatives Carlisle and Mostiler of the 71st, Adams of the 79th and others:
A bill to add one additional judge of the superior courts of the Griffin 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.
Senate Sponsor: Senator Banks of the 17th.

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:

Allgood Ballard Banks Barnes Bell Bond
Brantley
Broun of 46th Brown of 47th Carter Coverdell
Dean of 6th Dean of 31st Eldridge
English
Evans
Foster

Gillis Greene Holloway Howard Hudgins Hudson
Johnson
Kennedy Kidd Langford Lester
McGill Overby Paulk
Pearce
Reynolds
Riley

Voting in the negative was Senator Doss.

Robinson Russell Scott Shapard Starr Stephens
Stumbaugh
Summers Sutton Tate Timmons
Traylor Turner Walker
Wessels

946

JOURNAL OF THE SENATE,

Those not voting were Senators:

Barker Duncan Fincher

Hill Thompson (excused conferee)

Tysinger (excused conferee)

On the passage of the bill, the yeas were 49, nays 1.

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

The following bill of the Senate, having been read the third time on February 9 and committed to the Committee on Industry, Labor and Tourism, favorably reported on February 14, lost on February 16 and reconsidered today, was put upon its passage:

SB 202. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others:
A bill to amend an Act known as the "Unemployment Compensation Law", approved March 29, 1937 (Ga. Laws 1937, pp. 806, et. seq. ), as amended, (now Employment Security Law), so as to provide certain transitional unemployment insurance coverage reimbursable by Federal funds until regular coverage is provided.

Senator Ballard of the 45th moved that the Senate reconsider its action in adopting the following amendment offered by Senators Barnes of the 33rd and Dean of the 31st:
Amend SB 202 by striking on Page 4, line 29, the words "Two new paragraphs", and inserting in lieu thereof the following:
"one new paragraph",
and
By striking on Page 4, line 30, the words "paragraphs (2) and (3)", and inserting in lieu thereof the following:
"paragraph (2)",
and
By striking paragraph (3) on Page 5, lines 17 through 28, in its entirety.
On the motion, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

THURSDAY, FEBRUARY 17, 1977

947

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge English

Evans Poster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester Overby

Paulk Pearce Reynolds Riley Russell Scott Button Tate Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Barnes Dean of 6th Dean of 31st Fincher

McGill Robinson Shapard Starr Stephens

Stumbaugh Summers Thompson

Not voting was Senator Hill.

On the motion, the yeas were 42, nays 13; the motion prevailed, and the Senate reconsidered its action in adopting the amendment offered by Senators Barnes of the 33rd and Dean of the 31st.

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:

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

Fincher Foster Greene Holloway Hudgins Hudson Johnson Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Turner Tysinger Walker Wessels

948

JOURNAL OP THE SENATE,

Those voting in the negative were Senators:

Barnes Dean of 6th English

GJllis Howard Kennedy

Sutton Traylor

Not voting was Senator Hill.

On the passage of the bill, the yeas were 47, nays 8.

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

The following bill of the Senate, having been read the third time on February 10 and committed to the Committee on Consumer Affairs, favorably reported on February 14, lost on February 16 and reconsidered today, was put upon its pas sage:

SB 204. By Senators Barker of the 18th, Robinson of the 27th and Bond of the 39th:
A bill to enact the "Motorist Protection Act of 1977"; to provide a short title; to provide definitions; to control certain practices in the auto motive repair industry; to provide for the enforcement and administra tion of this Act; to prohibit certain acts; to provide for investigations and complaints.

Senator Sutton of the 9th moved that he be excused from voting on SB 204, stating that he had a personal interest in the results.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Sutton of the 9th was excused from voting on SB 204.

Senator Ballard of the 45th moved that he be excused from voting on SB 204, stating that he had a personal interest in the results.

On the motion, the yeas were 36, nays 1; the motion prevailed, and Senator Ballard of the 45th was excused from voting on SB 204.

Senator Langford of the 51st moved that he be excused from voting on SB 204, stating that he had a personal interest in the results.

On the motion, the yeas were 34, nays 2; the motion prevailed, and Senator Langford of the 51st was excused from voting on SB 204.
Senator Broun of the 46th moved that he be excused from voting on SB 204, stating that he had a personal interest in the results.

THURSDAY, FEBRUARY 17, 1977

949

On the motion, the yeas were 37, nays 1; the motion prevailed, and Senator Broun of the 46th was excused from voting on SB 204.

Senator McGill of the 24th moved that he be excused from voting on SB 204, stating that he had a personal interest in the results.

On the motion, the yeas were 30, nays 9; the motion prevailed, and Senator McGill of the 24th was excused from voting on SB 204.

The 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:

Barker Barnes Bond Carter Coverdell Dean of 31st Evans Foster

Greene Holloway Howard Hudson Johnson Kidd Riley Robinson

Shapard Stephens Stumbaugh Tate Thompson Wessels

Those voting in the negative were Senators :

Allgood Banks Bell Brantley Brown of 47th
Doss Duncan Eldridge English

Fincher Gillis Hudgins Kennedy Overby Paulk Pearce Reynolds Russell

Scott Starr Summers Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Ballard (excused) Broun of 46th (excused) Dean of 6th

Hill Langford (excused) Lester

McGill (excused) Sutton (excused)

On the passage of the bill, the yeas were 22, nays 26.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following bill of the House, having been passed on February 16 and recon sidered today, was put upon its passage:

950

JOURNAL OF THE SENATE,

HB 345. By Representatives Jessup of the 117th, Coleman of the 118th, Jackson of the 9th and Dean of the 29th:
A bill to amend Code Section 95A-957 relating to the maximum width of vehicles permitted upon the public roads, so as to provide certain excep tions for buses.

Senators Carter of the 14th, Hudgins of the 15th and Barker of the 18th offered the following amendment:
Amend HB 345 as follows:
By inserting on line 3 after the word and semicolon "buses;" the following :
"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 that the department shall issue single-trip permits authorizing the load width of a mobile home to exceed up to and including 168 inches; to au thorize the department to promulgate rules and regulations pre scribing the circumstances and conditions under which such vehicles may use the public roads of this State;";
By renumbering Section 2 as Section 3;
By adding a new Section 2 to read as follows:
"Section 2. Code Section 95A-961, relating to the circumstances under which certain vehicles may exceed the prescribed weight, width and length limitations, as amended, is hereby amended by adding at the end of the first paragraph of subsection (a) the following:
'The department shall issue single-trip permits authorizing the load width of a vehicle transporting a mobile home to extend up to and including 168 inches. The department by rule and regulation shall prescribe the circumstances and conditions under which such vehicle may use the public roads of this State, including all neces sary safety restrictions, routes of travel and times when the public roads may be used.' "

Senator Reynolds of the 48th offered the following amendment:

Amend the amendment offered by Senators Carter of the 14th, Hudgins of the 15th and Barker of the 18th to HB 345 as follows:
By adding on line 8 after the word "shall" the following:
"have the option to";

THURSDAY, FEBRUARY 17, 1977

951

By striking on line 10 the word "exceed" and substituting the word "extend";

By adding on line 14 after the word and semicolon "State;" the following:

"to establish the single trip permit fee; to prohibit the issuance of these permits under certain conditions; to repeal the Depart ment's authority to issue an annual permit authorizing the load width of a mobile home in excess of 120 inches:";

By adding on line 22 after the word "shall" the following:

"have the option to";

By adding on line 30 after the word and period "used." the following:
"These regulations shall include the requirement that the De partment shall not issue a permit authorizing the load width of a vehicle transporting a mobile home in excess of 144 inches if Federal Funds appropriated to this State under the provisions of Title 23, U. S. Code are withdrawn or not appropriated.";
and is further amended by adding a new subparagraph after line 30 to amend 97A-961(b) (1) by adding at the end of the first subparagraph of subsection (b) (1) the following:
"Upon issuance of a single trip permit authorizing the load width of a vehicle transporting a mobile home in excess of 144 inches, the Commissioner shall not have the authority to issue an annual permit authorizing the load width of a vehicle transporting a mobile home in excess of 120 inches;"
and is further amended by adding a new subparagraph to amend subsection 97A-961 (c) (1) (a) by adding after the word and semicolon "Highways;" the following:

"Provided that upon issuance of a single trip permit authorizing the load width of a vehicle transporting a mobile home in excess of 144 inches, this section shall authorize the issuance of an annual permit to authorize a load width of a vehicle transporting a mobile home up to and including only 120 inches;"

and is further amended by adding a new subparagraph to amend 97A-961 (c) (3) (a) by adding a new subsection (iv) to read as follows:

"(iv) Mobile Homes, modular homes, sectional houses, and portable buildings in excess of 10 feet wide, $50."

Senator Hudgins of the 15th moved the previous question.

952

JOURNAL OF THE SENATE,

Senator Bell of the 5th moved to table HB 345.

The President ruled that the motion to table takes precedence.

On the motion offered by Senator Bell of the 5th to table HB 345, the yeas were 5, nays 41; the motion was lost, and HB 345 was not tabled.

On the motion offered by Senator Hudgins of the 15th, the yeas were 46, nays 1; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senator Reynolds of the 48th, 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:

Allgood Ballard Banks Barker Bell Broun of 46th Brown of 47th
Carter Coverdell
Dean of 31st
Doss
Duncan Eldridge
English
Evans Fincher

Gillis Greene Hill Holloway Howard Hudgins Kennedy
Kidd Langford
Lester
McGill Overby
Paulk
Pearce Reynolds
Riley

Robinson Russell Scott Starr Stephens Stumbaugh Summers
Sutton
Tate
Timmons
Traylor
Turner
Tysinger
Walker
Wessels

Those voting in the negative were Senators:

Barnes Bond Brantley

Foster Hudson Johnson

Thompson

Those not voting were Senators Dean of 6th and Shapard.

On the adoption of the amendment, the yeas were 47, nays 7, and the amend ment offered by Senator Reynolds of the 48th to the amendment offered by Sena tors Carter of the 14th, Hudgins of the 15th and Barker of the 18th was adopted.

On the adoption of the amendment offered by Senators Carter of the 14th, Hudgins of the 15th and Barker of the 18th, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

THURSDAY, FEBRUARY 17, 1977

953

Those voting in the affirmative were Senators:

Allgood Barker Bond Carter Duncan English Gillis
Greene
Hill
Holloway

Hudgins Kennedy Kidd Lester McGill Paulk Pearce
Reynolds
Riley
Robinson

Russell Button Tate Timmons Traylor Turner Walker
Wessels

Those voting in the negative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 31st

Doss Eldridge Evans Fincher Foster Howard Hudson Johnson Langford

Overby Scott Starr Stephens Stumbaugh Summers Thompson Tysinger

Those not voting were Senators Dean of 6th and Shapard.

On the adoption of the amendment, the yeas were 28, nays 26, and the amend ment offered by Senators Carter of the 14th, Hudgins of the 15th and Barker of the 18th 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:

Allgood Barker Bond Carter Duncan English Gillis Greene Hill Holloway

Hudgins Kennedy Kidd Lester McGill Paulk Pearce Reynolds Riley Robinson

Russell Sutton Tate Timmons Traylor Turner Walker Wessels

954

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 31st

Doss Eldridge Evans Fincher Foster Howard Hudson Johnson Langford

Overby Scott Starr Stephens
Stumbaugh Summers Thompson Tysinger

On the passage of the bill, the yeas were 28, nays 26.

The bill, having failed to receive to requisite constitutional majority, was lost.

Senator Kiley of the 1st moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 5:35 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 18, 1977

955

Senate Chamber, Atlanta, Georgia Friday, February 18, 1977

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

Senator Johnson of the 34th reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Johnson of the 34th moved that the Senate reconsider its action of February 17 in passing the following bill of the House:

HB 27. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide that the Secretary of State shall disseminate certain information concerning primaries and elections to candidates for federal and state office and Probate Judges.

On the motion, the yeas were 5, nays 25; the motion was lost, and HB 27 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 bills of the House and Senate:

HB 240. By Representatives Greene of the 138th, Walker of the 115th, Evans of the 84th and others:
A bill to regulate and license persons who manufacture, distribute and sell recreational vehicles and marine equipment; to provide the neces sary procedures connected therewith.

HB 317. By Representatives Banner of the 130th, Long of the 118th, Coleman of the 118th and others:
A bill to amend Code Section 68B-311, relating to limited driving permits for first offenders so as to provide that a person whose driver's license has been revoked may obtain a limited driving permit under certain conditions; to provide an effective date.

956

JOURNAL OF THE SENATE,

HB 451. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners so as to change the provisions relative to the personnel of the board; to change the provisions relative to the internship requirements for licensure; to change certain provisions relative to the licenses issued by the board.

HB 543. By Representatives Patten and Veazey of the 146th, Culpepper of the 98th and others:
A bill to amend Code Chapter 61-4, relating to distress warrants, as amended, so as to provide that mobile homes shall be included within the goods and property of tenants subject to distress warrant proceed ings.

HB 630. By Representative Greer of the 43rd:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to authorize the bonds of the Authority to be used as security for all public deposits.

HB 771. By Representative Ham of the 80th:
A bill to amend Code Section 81-1402 relating to granting continuances for attendance on the General Assembly by party or counsel, so as to authorize continuances following any session adjourned sine die; to provide an effective date.

HB 751. By Representatives Burruss of the 21st and Elliott of the 49th:
A bill to amend Code Section 26-2703 relating to commercial gambling as amended by an Act approved March 10, 1970, so as to provide that commercial gambling shall be a felony; to provide punishment for said crime.

HB 834. By Representative Hanner of the 130th:
A bill to create and establish a Small Claims Court in and for Randolph County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 835. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system of compensation, as amended, so as to change the compensation of the Sheriff; to provide an effective date.

HB 838. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, as amended, so as to change the county supplement to the State salary of said judges.

FRIDAY, FEBRUARY 18, 1977

957

HB 840. By Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st and others:
A bill to amend an Act creating the Civil Court of Bibb County approved March 3, 1955, as amended, so as to provide for additional circumstances under which a judge pro tempore may be appointed.

HB 841. By Representatives Foster and Williams of the 6th, and Ramsey of the 3rd:
A bill to amend an Act amending, revising, superseding and consolidat ing the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues for Whitfield County, so as to change the compensation of the chairman and members of the board of commissioners.

HB 842. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Sheriff of Crawford County upon an annual salary, as amended, so as to change the compensation pro visions relating to the sheriff.

HB 843. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said clerk.

HB 844. By Representative Culpepper of the 98th:
A bill to amend an Act abolishing the fee system of compensation for the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, as amended, so as to change the compensation pro visions relating to the tax commissioner.

HB 847. By Representative Banner of the 130th:
A bill to amend an Act incorporating the Town of Parrott in Terrell County, as amended, so as to change the date of elections in said Town.

HB 850. By Representatives Battle of the 124th, Triplett of the 128th, Hill of the 127th and others:
A bill to amend an Act to provide for the compensation of all counties of this State having a. population of not less than 180,000 nor more than 190,000 according to the U.S. Decennial Census of 1970 or any future such census, so as to change the compensation of the tax commissioner in each such county.

HB 856. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating a board of commissioners of Bulloch County, as amended, so as to change the provisions relative to the compensation of clerical assistants; to provide an effective date.

958

JOURNAL OP THE SENATE,

HB 857. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the State Court of Screven County, as amended, so as to change the provisions relative to the compensation of the judge and solicitor of said court; to provide an effective date.

HB 865. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act placing the Sheriff of Bulloch County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the Sheriff and his deputies; to provide an effective date.

HB 868. By Representative Crosby of the 150th: A bill to amend an Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary in lieu of the fee system of compen sation, as amended, so as to change the compensation of said officer.
HB 869. By Representative Crosby of the 150th: A bill to amend an Act creating a board of Commissioners of Clinch County, as amended, so as to change the salary of the Chairman and the other members of the Board.
HB 870. By Representative Crosby of the 150th: A bill to amend an Act placing the Sheriff of Atkinson County upon an annual salary, as amended, so as to change the compensation of the sheriff of said county.
HB 871. By Representative Crosby of the 150th: A bill to amend an Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the salaries of the deputy sheriffs and the part-time deputy sheriff.
HB 872. By Representative Crosby of the 150th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clinch County into the office of Tax Commissioner of Clinch County, so as to change the compensation of the tax commissioner.
SB 171. By Senator Kidd of the 25th: A bill to amend an Act placing the Judge of the Probate Court of

FRIDAY, FEBRUARY 18, 1977

959

Baldwin County upon an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to the salary of the judge of the probate court.

HB 152. By Representative Howell of the 140th:
A bill to amend Code Section 89-9903, relating to the crime of stealing or altering of public documents, so as to change the provisions; to provide a determination of proof of intent to commit such crimes.

HB 157. By Representative Edwards of the 110th:
A bill to amend Code Section 68B-213, relating to expiration and re newal of driver's licenses, so as to provide that certain driver's licenses shall not be required to be surrendered upon expiration or renewal; to provide for cancellation of such licenses under certain circumstances.

HB 209. By Representatives Toles of the 16th, Buck of the 95th, Cooper of the 19th and others:
A bill to amend an Act creating the Public School Employees Retire ment System, approved April 30, 1969, as amended, so as to change the provisions relating to retirement benefits

HB 542. By Representatives Lambert of the 112th, Evans of the 84th, Buck of the 95th and others:
A bill to amend Code Section 57-101.1, relating to the maximum rate of interest which may be charged on certain transactions involving real property, as amended, so as to change the maximum permissible rate of interest on certain transactions involving real property.

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

SB 176. By Senator Shapard of the 28th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, so as to change the salary of the Tax Commissioner of Spalding County.

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 77. By Senator Banks of the 17th:
A resolution proposing an amendment to the Constitution so as to provide that if the City of Barnesville and County of Lamar Develop ment Authority dissolved for any reason, title to all property held by the Authority shall be conveyed to Lamar County and the City of Barnes ville subject to certain conditions.

960

JOURNAL OF THE SENATE,

SR 37. By Senator Reynolds of the 48th:
A resolution authorizing the conveyance of certain real property located in Gwinnett County, Georgia, to the Gwinnett Livestock and Fair Associa tion.

The House has passed by the requisite constitutional majority the following bills of the House:
HB 757. By Representatives Culpepper of the 98th and Matthews of the 145th:
A bill to amend an Act creating the Georgia Development Authority, as amended, so as to provide that the Authority may require a bor rower to subscribe and pay for capital notes or other securities of the Authority as a condition precedent for providing or securing or ob taining a loan.

HB 594. By Representatives Harris of the 8th, Twiggs of the 4th, Foster of the 152nd and others:
A bill to amend the Georgia Peace Officer Standards and Training Act, as amended, so as to change certain of the qualifications for the certification of peace officers; to provide an effective date.

HB 263. By Representatives Beckham of the 89th and Truluck of the 86th:
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, approved March 26, 1975.

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

HR 96. By Representatives Keyton of the 143rd and Long of the 142nd:
A resolution authorizing the conveyance of certain real property located in Thomas County, Georgia, to the Board of Commissioners of Thomas County.

HR 113. By Representative Howell of the 140th:
A resolution authorizing the conveyance of certain real property located in Miller County, Georgia, to the Board of Commissioners of Miller County.

HR 157. 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 Georgia Division, United Daughters of the Confederacy.

FRIDAY, FEBRUARY 18, 1977

961

HR 191. By Representatives Home of the 104th, Pinkston of the 100th, Birdsong of the 103rd and others:
A resolution authorizing the conveyance of certain State-owned real property located within Bibb County to Bibb County.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 319. By Senator Pearce of the 16th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to provide for a reduction in the number of days required for a school year for the 1976-77 fiscal school year; to provide for others matters relative thereto. Referred to Committee on Education.
SB 320. By Senator Bell of the 5th:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that it shall be unlawful to make certain false statements in connection with telephone solicitations; to provide for penalities in connection therewith. Referred to Committee on Consumer Affairs.
SB 321. By Senators Broun of the 46th, Riley of the 1st and McGill of the 24th:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to comprehensively revise the provisions of said Act dealing with mandatory coverages and benefits. Referred to Committee on Banking, Finance and Insurance.
SB 322. By Senators Foster of the 50th, Ballard of the 45th and Kidd of the 25th:
A bill to provide for cessation of medical care for terminal patients under certain circumstances; to provide for a short title; to provide for findings and declarations; to provide for definitions; to provide for the execution of directives to direct the withholding or withdrawal of life-sustaining procedures. Referred to Committee on Judiciary.

SR 108. By Senators Hill of the 29th, Shapard of the 28th, Barnes of the 33rd and others:
A resolution designating the azalea as the "State Wild Flower". Referred to Committee on Rules.

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

HB 834. By Representative Banner of the 130th:
A bill to create and establish a Small Claims Court in and for Randolph County; to prescribe jurisdiction of said court; to prescribe the pleading and practice in said court. Referred to Committee on County and Urban Affairs.

962

JOURNAL OF THE SENATE,

HB 835. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system of compensation, as amended, so as to change the compensation of the Sheriff; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 838. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, as amended, so as to change the county supplement to the State salary of said judges. Referred to Committee on County and Urban Affairs.

HB 840. By Representatives Pinkston of the 100th, Home of the 104th, Randall of the 101st and others:
A bill to amend an Act creating the Civil Court of Bibb County approved March 3, 1955, as amended, so as to provide for additional circumstan ces under which a judge pro tempore may be appointed. Referred to Committee on County and Urban Affairs.

HB 841. By Representatives Poster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act amending, revising, superseding and consoli dating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues for Whitfield County, so as to change the compensation of the chairman and members of the board of commissioners.
Referred to Committee on County and Urban Affairs.

HB 842. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Sheriff of Crawford County upon an annual salary, as amended, so as to change the compensation pro visions relating to the sheriff. Referred to Committee on County and Urban Affairs.

HB 843. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said clerk. Referred to Committee on County and Urban Affairs.

HB 844. By Representative Culpepper of the 98th:
A bill to amend an Act abolishing the fee system of compensation for the Tax Commissioner of Crawford County and providing in lieu there of an annual salary, as amended, so as to change the compensation provisions relating to the tax commissioner. Referred to Committee on County and Urban Affairs.

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963

HB 847. By Representative Banner of the 130th:
. A bill to amend an Act incorporating the Town of Parrott in Terrell County, as amended, so as to change the date of elections in said Town.
Referred to Committee on County and Urban Affairs.

HB 850. By Representatives Battle of the 124th, Triplett of the 128th, Hill of the 127th and others:
A bill to amend an Act to provide for the compensation of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the U.S. Decennial census of 1970 or any future such census, so as to change the compensation of the tax commissioner in each such county.
Referred to Committee on County and Urban Affairs.

HB 856. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating a board of commissioners of Bulloch County, as amended, so as to change the provisions relative to the compensation of clerical assistants; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 857. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the State Court of Screven County, as amended, so as to change the provisions relative to the compensation of the judge and solicitor of said court; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 865. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act placing the Sheriff of Bulloch County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the Sheriff and his deputies; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 868. By Representative Crosby of the 150th:
A bill to amend an Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of said officer. Referred to Committee on County and Urban Affairs.

HB 869. By Representative Crosby of the 150th:
A bill to amend an Act creating a Board of Commissioners of Clinch County, as amended, so as to change the salary of the Chairman and the other members of the Board. Referred to Committee on County and Urban Affairs.

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HB 870. By Representative Crosby of the 150th:
A bill to amend an Act placing the Sheriff of Atkinson County upon an annual salary, as amended, so as to change the compensation of the sheriff of said county. Referred to Committee on County and Urban Affairs.

HB 871. By Representative Crosby of the 150th:
A bill to amend an Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the salaries of the deputy sheriffs and the part-time deputy sheriff. Referred to Committee on County an Urban Affairs.

HB 872. By Representative Crosby of the 150th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clinch County into the office of Tax Commissioner of Clinch County, so as to change the compensation of the tax commis sioner. Referred to Committee on County and Urban Affairs.
HB 152. By Representative Howell of the 140th:
A bill to amend Code Section 89-9903, relating to the crime of stealing, altering, etc., of public documents, so as to change the provisions to provide a determination of proof of intent to commit such crimes. Referred to Committee on Judiciary.
HB 157. By Representative Edwards of the 110th:
A bill to amend Code Section 68B-213, relating to expiration and renewal of driver's licenses, so as to provide that certain driver's licenses shall not be required to be surrendered upon expiration or renewal; to pro vide for cancellation of such licenses under certain circumstances. Referred to Committee on Transportation.

HB 209. By Representatives Buck of the 95th, Toles of the 16th, Dover of the llth and others:
A bill to amend an Act creating the Public School Employees Retire ment System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, so as to change the provisions relating to retirement benefits. Referred to Committee on Retirement.

HB 240. By Representatives Richardson of the 52nd and Mann of the 13th:
A bill to regulate and license persons who manufacture, distribute and sell recreational vehicles and marine equipment; to provide the neces sary procedures connected therewith. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

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965

HB 263. By Representatives Beckham of the 89th and Truluck of the 86th:
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, approved Mar. 26, 1975. Referred to Committee on Banking, Finance and Insurance.

HB 317. By Representatives Hanner of the 130th, Long of the 142nd, Coleman of the 118th and others:
A bill to amend Code Section 68B-311, relating to limited driving permits for first offenders so as to provide that a person whose driver's license has been revoked may obtain a limited driving permit under certain conditions; to provide an effective date.
Referred to Committee on Transportation.

HB 451. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the provisions relative to the personnel of the board; to change the provisions relative to the internship require ments for licensure; to change certain provisions relative to the licenses issued by the board. Referred to Committee on Human Resources.

HB 542. By Representatives Lambert of the 112th, Evans of the 84th, Buck of the 95th and others:
A bill to amend Code Section 57-101.1, relating to the maximum rate of interest which may be charged on certain transactions involving real property, as amended, so as to change the maximum permissible rate of interest on certain transactions involving real property.
Referred to Committee on Banking, Finance and Insurance.

HB 543. By Representatives Patten and Veazey of the 146th, Hudson of the 137th and others:
A bill to amend Code Chapter 61-4, relating to distress warrants, as amended, so as to provide that mobile homes shall be included within the goods and property of tenants subject to distress warrant pro ceedings. Referred to Committee on Judiciary.

HB 594. By Representatives Harris of the 8th, Twiggs of the 4th, Hanner of the 130th and others:
A bill to amend the Georgia Peace Officer Standards and Training Act, as amended, so as to change certain of the qualifications for the certi fication of peace officers; to provide an effective date. Referred to Committee on Judiciary.

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HB 630. By Representative Greer of the 43rd:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to authorize the bonds of the Authority to be used as security for all public deposits. Referred to Committee on Transportation.

HB 751. By Representatives Burruss of the 21st and Elliott of the 49th:
A bill to amend Code Section 26-2703 relating to commercial gambling, as amended by an Act approved March 10, 1970, so as to provide that commercial gambling shall be a felony; to provide punishment for said crime. Referred to Committee on Judiciary.

HB 757. By Representatives Culpepper of the 98th and Matthews of the 145th:
A bill to amend an Act creating the Georgia Development Authority, as amended, so as to provide that the Authority may require a borrower to subscribe and pay for capital notes or other securities of the Au thority as a condition precedent for providing or securing or obtaining a loan. Referred to Committee on Banking, Finance and Insurance.

HB 771. By Representative Ham of the 80th:
A bill to amend Code Section 81-1402 relating to granting continuances for attendance on the General Assembly by party or counsel, so as to authorize continuances following any session adjourned sine die; to to provide an effective date. Referred to Committee on Judiciary.

HR 96. By Representatives Keyton of the 143rd and Long of the 142nd:
A resolution authorizing the conveyance of certain real property located in Thomas County, Georgia, to the Board of Commissioners of Thomas County. Referred to Committee on Public Utilities.
HR 113. By Representative Howell of the 140th:
A resolution authorizing the conveyance of certain real property located in Miller County, Georgia, to the Board of Commissioners of Miller County. Referred to Committee on Public Utilities.
HR 157. 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 Georgia Division, United Daughters of the Confederacy. Referred to Committee on Public Utilities.

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967

HR 191. By Representatives Home of the 104th, Pinkston of the 100th, Birdsong of the 103rd and others:
A resolution authorizing the conveyance of certain State-owned real property located within Bibb County to Bibb County. Referred to Committee on Public Utilities.

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

Senator Barker of the 18th 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 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 :
SR 84. Do pass.
SB 284. Do pass.
HB 95. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman

Senator Sutton of the 9th 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 rec ommendations :
SB 302. Do pass. SB 305. Do pass. SB 306. Do pass. SB 307. Do pass. SB 316. Do pass. HB 127. Do pass. HB 553. Do pass by substitute. HB 749. Do pass. HB 765. Do pass by substitute. HB 766. Do pass.

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HB 768. Do pass by substitute. HB 789. Do pass. HB 796. Do pass. HB 797. Do pass. HB 798. Do pass. HB 799. Do pass. HB 800. Do pass. HB 801. Do pass. HB 810. Do pass. HB 815. Do pass. HB 818. Do pass. HB 828. Do pass. HB 829. Do pass. HB 830. Do pass. HR 182. Do pass.
Respectfully submitted, Senator Sutton of the 9th 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 & Tourism 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 194. Do pass as amended. SB 203. Do pass.
SR 91. Do pass. HB 259. 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

FRIDAY, FEBRUARY 18, 1977

969

of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 310. Do pass. HB 173. Do pass. HB 362. Do pass. HB 457. Do pass. HB 464. Do pass as amended. HB 597. Do pass.
Respectfully submitted, Senator Overby of 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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 236. 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 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 243. Do pass as amended. SB 244. Do pass as amended. HB 37. Do pass. HB 359. Do pass as amended.
Respectfully submitted, Senator Reynolds of 48th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

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SB 241. By Senator Banks of the 17th:
A bill to amend an Act creating the Economic Development Council, so as to change the membership of the Council; to change the provisions relative to the appointment and service of members.

SB 268. By Senators Banks of the 17th, Scott of the 43rd, Reynolds of the 48th and others:
A bill to amend Code Section 56-507, relating to standards applicable to insurance rates, so as to provide that casualty and property insurers shall notify and give each policyholder certain information in writing at least 30 days in advance of any premium rate increase.
SB 269. By Senator Langford of the 51st:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to change the provisions relating to can cellation where interests of lienholders are affected.

SB 271. By Senator Langford of the 51st:
A bill to amend Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, as amended, so as to provide that the Commissioner may require certain insurers to make additional special deposits of securities under certain circumstances.

SB 273. By Senator Carter of the 14th:
A bill to amend an Act known as "The Uniform Standards Code for Mobile Homes Act", as amended, so as to authorize the Georgia Safety Fire Commissioner to enter into contracts or cooperative agreements.
SB 276. By Senator Holloway of the 12th: 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.
SB 277. By Senator Holloway of the 12th: A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to change the provisions relating to inactive status for brokers and associate brokers; to change the provisions re lating to the issuance of checks which are returned unpaid.
SB 278. 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 relative to the providing of admin-

FRIDAY, FEBRUARY 18, 1977

971

istrative services in connection with a self-insured health insurance plan for State employees.

SB 295. By Senators Johnson of the 34th, Overby of the 49th, Barnes of the 33rd and others:
A bill to amend Code Section 26-1704, relating to bad checks, so as to provide what constitutes prima facie evidence of criminal issuance of bad checks; to provide for service charges, notice and immunity; to pro vide what constitutes prima facie evidence of identity of certain parties issuing instruments.

SB 297. By Senator Ballard of the 45th:
A bill to amend Code Title 68B, "The Driver's Licensing Act", as amended, so as to repeal certain provisions relating to reports by phy sicians and vision specialists; to provide for conformity; to provide for other matters relative to the foregoing.

SB 298. By Senator Kidd of the 25th:
A bill to amend Code Section 58-607, relating to the sale of liquors near Central State Hospital, so as to change the provisions relating to the sale, barter or giving away of alcoholic, vinous, or fermented liquor near the Central State Hospital buildings.

SB 312. By Senator Fincher of the 54th:
A bill to amend Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estate, as amended.

SR 90. By Senators Greene of the 26th, Robinson of the 27th, Overby of the 49th and others:
A resolution urging the Georgia delegation to the United States Congress to assist in the efforts to obtain passenger train service to Macon, Georgia.

HB 31. By Representatives Howell of the 140th, Collins of the 144th, Lee of the 72nd and Phillips of the 120th:
A bill to amend Code Section 92-6905, relating to qualifications of mem bers of county boards of tax assessors, as amended, so as to remove therefrom certain persons who shall be ineligible to serve as members of county boards of tax assessors.

HB 83. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to except certain vehicles from the requirement that

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metal protectors or substantial flexible flaps be maintained on the rearmost wheels of certain motor vehicles.

HB 131. By Representatives Hudson of the 137th, Baugh of the 108th, Long of of the 142nd and others:
A bill to amend an Act regulating the practice of professional sani tarians and to promote the principles of environmental sanitation so as to comprehensively revise said Act; to change and add definitions.

HB 145. By Representatives Karrh of the 106th, Evans of the 84th, Owens of the 77th and others:
A bill to add one additional judge to the Superior Courts of the Middle Judicial Circuit of Georgia; to provide for the appointment of the initial additional judge and his term of office; to provide for the subsequent election and term of office of said judge.

HB 202. By Representative Taggart of the 125th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act" so as to change the requirements relating to the issuance of a replacement certificate of title.

HB 203. By Representative Taggart of the 125th:
A bill to amend Code Section 68-213 relating to the registration of manufacturers and dealers of motor vehicles so as to provide for the registration of manufacturers and dealers engaged in the manufacture or sale or leasing of motor vehicles, tractors or trailers.

HB 204. By Representative Taggart of the 125th:
A bill to amend Chapter 68-2 of the Code of Georgia of 1933, as amended, providing for the licensing of motor vehicles and chauffeurs, so as to provide for the issuance of duplicate registration certificates.

HB 205. By Representative Taggart of the 125th:
A bill to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, as amended, so as to provide for the transfer of such tags.

HB 248. By Representative Noble of the 48th:
A bill to amend an Act providing for the confiscation and destruction or sale or delivery to the State Dept. of Archives or the State Dept. of Public Safety of any weapon used in the commission of a crime or the attempt to commit a crime against any person, so as to provide for the confiscation and destruction or sale or delivery of weapons used in the commission of the crime of carrying a concealed weapon.

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973

HB 285. By Representative Bolster of the 30th:
A bill to amend an Act providing for the use of facsimile signatures in the execution of public securities, so as to provide that the clerk of the superior court of each county of this State may authorize the execution of any public securities requiring or permitting his signature with an engraved, imprinted, stamped or otherwise reproduced facsimile of such signature.

HB 481. By Representatives Childs of the 51st and Richardson of the 52nd:
A bill to amend Code Section 59-201, relative to the qualifications of grand jurors and the incompetency of certain public officers to serve as grand jurors, as amended, so as to change certain provisions relative to the qualifications of grand jurors.

HB 535. By Representatives Burruss and Housley of the 21st, Kaley of the 19th and others:
A bill to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, so as to authorize and direct the State Revenue Commissioner to promulgate rules and regulations governing the processing, in any manner whatsoever, of applications for the registration of motor vehicles by private persons, firms or corporations.

HB 552. By Representatives Coleman of the 118th, Jackson of the 9th and Jessup of the 117th:
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 define the term "motorized bicycle".
HB 571. By Representatives Lambert of the 112th, Carlisle of the 71st and Murray of the 116th:
A bill to provide for establishment and operation of a State tourist center within the general vicinity or area of the domestic residence of any citizen of this State elected President of the United States; to pro vide for its establishment and operation by the Department of Industry and Trade, at the direction of the Governor; to provide for an effective date.

HR 190. By Representatives Mann of the 13th, Clark of the 13th, Milford of the 13th and others:
A resolution urging the United States Corps of Engineers to build a four-lane bridge connecting Georgia Route 72 and South Carolina Route 72 in the area of the Richard B. Russell Dam and Reservoir project.

SB 292. By Senator Kidd of the 25th:
A bill to create a court to be known as the "Magistrate's Court of Bald win County"; to define its jurisdiction and powers; to provide for the

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JOURNAL OP THE SENATE,

appointment, duties and compensation of the presiding officer, who shall be designated Magistrate.

SB 293. By Senator Kidd of the 25th:
A bill to create a court to be known as the "Magistrate's Court" for each county of this State having a population of not less than 8,340 and not more than 8,700 according to the United States Decennial Census of 1970 or any future such census; to define its jurisdiction and powers.

SB 294. 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 city council to override the mayor's veto.

HB 336. By Representatives Knight of the 67th and Mostiler of the 71st:
A bill to amend an Act to abolish the office of Treasurer of Coweta County, so as to vest in the Clerk of the Board of Commissioners of Coweta County all of the duties, powers and functions formerly attached to the office of County Treasurer.

HB 337. By Representatives Knight of the 67th and Mostiler of the 71st:
A bill to amend an Act entitled "Coweta County--Pensions and Retire ment Pay", as amended, so as to change the definition of county em ployees to include employees of Constitutional officers of Coweta County.

HB 440. By Representatives Wall of the 61st and Phillips of the 59th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, so as to provide in said Act definitions of the following terms used in said Act: County, County funds, County fi nances, County records, County financial records, County departments, County offices, County agencies, County property.

HB 438. By Representatives Knight of the 67th and Ware of the 68th:
A bill to amend an Act changing the compensation of the sheriff, the judge of the probate court, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the compensation of the sheriff of Coweta County.

HB 582. By Representatives Rush of the 121st and Kemp 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 the manner of electing said members.

FRIDAY, FEBRUARY 18, 1977

975

HB 676. By Representatives Harris of the 60th and Phillips of the 59th:
A bill to amend an Act establishing the State Court of Gwinnett County, a.s amended, so as to change the compensation of the judge and solicitor of the State court; to provide an effective date.

HB 734. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia, as amended, so as to provide for the election by the electors of Butts County of a Chairman of the Board of Commissioners of Butts County and for the election of two members of the said Board of Commissioners.

HB 735. By Representatives Jones of the 78th and Tucker of the 73rd: A bill to amend an Act creating a Board of Commissioners of Butts County, as amended, so as to require the adoption of the annual county budget on or before a certain date in each calendar year.

HB 754. By Representative Hutchinson of the 133rd:
A bill to create a small claims court in certain counties of this State; to provide for the appointment, duties, powers, compensations, qualifica tions, substitutions and tenure of the judges of such courts; to prescribe the jurisdiction, pleadings, practice and service of processes therein.

HB 775. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act to create the City of Dublin and County of Laurens Development Authority, as amended, so as to add additional members to the authority; to provide for appointment and terms of office.

HB 782. By Representative Rainey of the 135th:
A bill to provide a new Charter for the City of Unadilla in the County of Dooly: to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.

HB 783. By Representative Phillips of the 120th:
A bill to amend an Act establishing a new charter for the Town of Higgston, as amended, so as to change the term of office of the mayor and council.

HB 784. By Representative Phillips of the 120th:
A bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Wheeler County and creating the office of Tax Commissioner of Wheeler County, as amended, so as to place the Tax Commissioner of

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JOURNAL OP THE SENATE,

Wheeler County on an annual salary in lieu of all fees, commissions, costs, fines, emoluments, and perquisites received by the tax commis sioner; to provide an effective date.

HR 13. By Representatives Johnston, Tolbert, and Butler of the 56th and others:
A resolution creating the DeKalb County Police Retirement System Study Commission.

HR 163. By Representatives Housley of the 21st, Wilson and Kaley of the 19th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that all residents of the Cobb County School District who are 62 years of age or over shall be granted a homestead exemption for the full value of their homes from all Cobb County School District ad valorem taxes.

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 612. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County, so as to change the salaries of the chief deputy and deputy tax commissioners; to provide for additional personnel.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 613. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the salary of the coroner.

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

On the passage of the bill, the yeas were 51, nays 0.

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

FRIDAY, FEBRUARY 18, 1977

977

HB 614. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Commissioner of Rockdale County, as amended, so as to change the salary of the commissioner.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 615. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of com pensation, as amended, so as to change the salary of the judge of the probate court and his chief deputy.

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 51, nays 0.

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

HB 616. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County, so as to change the salary of the clerk and his deputies; to provide for additional 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 51, nays 0'.

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

HB 617. By Representative Vaughn of the 57th:
A bill to amend an Act providing for a Public Defender for Rockdale County, so as to change the compensation of the public defender.

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 51, nays 0.

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

HB 618. By Representative Vaughn of the 57th: A bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary, as amended, so as to change the compensation of the sheriff and his deputies; to change the number of deputies.
Senator Ballard of the 45th offered the following amendment:
Amend HB 618 by striking from line 2 of Page 2 the following:
"two corporals",
and inserting in lieu thereof the following:
"three corporals".

On the adoption of the amendment, the yeas were 51, nays 0, and the amend ment was adopted.

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 643. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend Code Section 92-233, relating to the meaning of the term "homestead" for purposes of provisions relating to homestead exemption from taxation, as amended, so as to include within the meaning thereof certain real property held subject to a lease for a certain period of time and located in counties having a population of not less than 10,450 and not more than 10,650' 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 51, nays 0.

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

FRIDAY, FEBRUARY 18, 1977

979

HB 666. By Representatives Keyton of the 143rd and Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Pavo, Georgia (formerly the Town of Pavo), in the Counties of Thomas and Brooks which was approved Aug. 21, 1911, as amended.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 700. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to provide that sessions of the Juvenile Court of Houston County shall be held at such places throughout Houston County as the court from time to time shall determine; 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 51, nays 0.

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

HB 701. By Representatives Lord of the 105th and Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, so as to provide for the appointment of a secretary and the furnishing of office space and equipment therefor, and the compensation thereof.

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 711. By Representative Collins of the 144th:
A bill to provide a new charter for the City of Pelham; to provide for the government, powers, duties, responsibilities and obligations of said city; to provide for all matters related thereto.

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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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 713. By Representatives Johnson and Glanton of the 66th: A bill to amend an Act creating the office of Commissioner of Carroll County, as amended, so as to change the provisions relating to the compensation and allowances of the Commissioner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.

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

HB 714. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County on an annual salary, so as to change the compensation of the Clerk of the Superior Court.

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 51, nays 0.

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

HB 717. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commis sioner of Marion County, as amended, 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 51, nays 0.

FRIDAY, FEBRUARY 18, 1977

981

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

HB 718. By Representatives Mann, Clark and Milford of the 13th:
A bill to create and establish a Small Claims Court in and for Elbert 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 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 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 720. By Representative Walker of the 115th: A bill to amend an Act to provide for the election of the Board of Com missioners of Schley County, as amended, so as to stagger the terms of the members of the said 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 51, nays 0.

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

HB 721. By Representative Walker of the 115th:
A bill to stagger the terms of office of members of the Board of Education of Schley County; to provide for the practices and procedures in connection with the foregoing; to specify the sections from which the two members elected from the Ellaville Militia District shall be elected.

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

On the passage of the bill, the yeas were 51, nays 0.

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

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HB 728. By Representatives Carlisle and Mostiler of the 71st, Lee of the 72nd and others:
A bill to create and establish a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

Senators Shapard of the 28th and Johnson of the 34th offered the following substitute to HB 728:
A BILL
To be entitled an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the service of process of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide for the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the pro ceedings therein; to provide for all procedures, requirements and other matters connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created and established a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette County, which court shall have civil jurisdiction in cases in law in which the demand or value of the property involved does not exceed $1,500.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.
Section 2. (a) Any person elected as a judge of the Small Claims Court created by this Act must, at the time of his taking office, be a resident of Fayette County, at least twenty-five years of age, and of good moral character. In addition to the foregoing qualifications, any person elected judge of such Small Claims Court shall have been licensed to practice law in the courts of Fayette County for at least three years

FRIDAY, FEBRUARY 18, 1977

983

prior to taking office as judge of said Court. Any person so elected shall be exempt from jury duty in the Superior Court and any other court existing or that may be created and established in Fayette County.

(b) All other officers appointed to or employed by said court, as now or hereafter provided, must be at least twenty-one years of age and must be residents of Fayette County.

Section 3. The first Judge of said Small Claims Court shall be elected at the general election held in 1978 and shall take office on the first day of January, 1979, for a term of two years and until his suc cessor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified. The qualified voters of Fayette County shall be eligible to vote in such elections, and the Judge of said Small Claims Court shall be elected by a majority vote of said qualified electors voting at the elections provided for herein. The elections provided for herein shall be held and conducted in accordance with the provisions of Ga. Code Title 34, known as the "Georgia Election Code", as now or here after amended, in the same manner as elections for county officers.

Section 4. Whenever the judge of said Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Fayette County on application of said judge of the Small Claims Court who is unable to act, perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the manner aforesaid, of the judge unable to act.

Section 5. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk or as deputy clerk, said clerk or deputy clerk to be compensated, if at all, from the fees herein authorized.

Section 6. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration.

Section 7. (a) Actions shall be commenced by the filing of a state ment of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath of affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the state ment of claim and other papers required to be filed in an action.

(b) A copy of the certified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Said service shall be made by any official or person authorized by law to serve process in the superior court or by a duly qualified bailiff of said Small Claims Court; or by any person

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not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose; or in any manner as may now or hereafter be prescribed by the pertinent laws of Georgia pro viding for service on defendants in the superior courts of Georgia.

(c) When served by a private individual, as hereinbefore provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant.

(d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party de manding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs.

(e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. When the amount is unliqui dated, plaintiff shall be required to present proof of his claim.

(f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than thirty days from the date of the service of said notice.

Section 8. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case.

Section 9. (a) The plaintiff, when he files his claim, shall deposit with the Court the sum of $7.50, which shall cover all costs of the pro ceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, that the cost for filing a claim in all cases in which the demand or value of property involved exceeds $1,000.00, shall be $10.00; provided, further, the deposit of costs in cases of attachment, garnishment, trover, statu tory foreclosures on personalty and replevin by possessory warrant, shall be $10.00; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $7.50, to be taxed in the discretion of the Court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge
and shall be fixed in the cause at his discretion.

(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and

FRIDAY, FEBRUARY 18, 1977

985

the judge shall be entitled to $7.50 for every such claim case. The same practice and procedure shall apply in cases of illegal affivadits. The plaintiff in attachment or plaintiff in execution may make written de
mand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding.

Section 10. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits.

(b) The judge shall conduct the trial in such manner as to do sub stantial justice between the parties according to the rules of substan tive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.

(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dis missed for want of prosecution or make any other just and proper dis
position thereof, as justice may require.

Section 11. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or the same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the juris diction of the court, he may use a part thereof to offset the claim of the
plaintiff.

Section 12. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally
and completely satisfied.

Section 13. The judge of said Small Claims Court shall not be obli gated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby, and any such expense shall not constitute a cost to the judgment debtor.

Section 14. The judge of the Superior Court presiding in Fayette

JOURNAL OP THE SENATE,
County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve, from time to time, the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
Section 15. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Court, to act with in and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as "Small Claims Court Bailiff" and have the powers and authority, and be subject to the penalties of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and sub scribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in Section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court.
Section 16. Jury trial may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of costs incurred by reason of the jury trial. Unless otherwise de manded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and the defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and wit nesses.
Section 17. Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the Superior Court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county.
Section 18. Appeals may be had from judgments returned in the Small Claims Court, to the Superior Court, and the same provisions now or hereafter provided for by law for appeals from probate courts to the superior court, shall be applicable to appeals from the Small Claims Court to the Superior Court.
Section 19. Until otherwise provided by rules of court, the state ment of claims, verification and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:

FRIDAY, FEBRUARY 18, 1977

987

Plaintiff

"Small Claims Court of Fayette County .------------_------------------_ Georgia

Address vs.
Defendant
Statement of Claim
(Here the plaintiff, or at his request, the Court will insert a state ment of the plaintiff's claim, and the original to be filed with the court, may if action is on a contract, express or implied, be verified by the plaintiff or his agent as follows:)
State of Georgia
County of------------------------------
_---------__------.------------------ being first duly sworn on oath, says the foregoing is a just and true statement of the amount, owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Plaintiff (or Agent) Sworn and subscribed before me this -----day of --.__----------------__, 19._-.----.

Notary Public (or Attesting Official) Notice.
TO: ... ------------ Defendant
Home Address or
Business Address

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JOURNAL OF THE SENATE,

You are hereby notified that __________--____________,,_____,,,,____,,__ has made a claim and is requesting judgment against you in the sum of _---------_..-------,,--.--.--------..-_- dollars ($--_--_--_._________), as shown by the foregoing statement. The court will hold a hearing upon this claim on _.......,,-___......_._,,..........,,........_._._....,,... at .___.________,,,,__.___..m. at (address of court).

You are required to be present at the hearing in order to avoid a judgment by default against you.

If you have witnesses, books, receipts or other writings bearings on this claim, you should bring them with you at the time of hearing.

If you wish to have witnesses summoned, see the court at once for assistance.

If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.

You may come with or without an attorney.

(Seal)."

Judge-Clerk of the Small Claims Court of Fayette County

Section 20. All acts performed by the judge or clerk and all pro ceedings had before the Small Claims Court of Fayette County are here by validated.

Section 21. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commis sioners.

Section 22. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall, in each instance, set dates for all hearings and trials in every kind, and also designate the times when attachments and executions are returnable. Garnishment proceedings shall be in accordance with the provisions of Georgia Code Title 46, relating to garnishment, as now or hereafter amended.

Section 23. A summons of garnishment shall be served on the garnishee and on the judgment debtor or defendant in accordance with the provisions of Georgia Code Title 46, relating to garnishment, as now or hereafter amended.

Section 24. The Judge of the Small Claims Court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines shall be paid into the county treasury or depository for county purposes.

FRIDAY, FEBRUARY 18, 1977

989

Section 25. The fee of bailiff for the execution of a fi. fa. shall be $4.00, plus a reasonable amount for drayage to be determined by the Small Claims Court Judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount with a minimum of three dollars.

Section 26. 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 unconstitutional.

Section 27. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 51, 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.

On the passage of the bill, the yeas were 51, nays 0.

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

HB 622. By Representatives Richardson of the 52nd, Childs of the 51st, Hawkins of the 50th and others:
A bill to amend an Act incorporating the City of Avondale Estates approved Aug. 25, 1927, 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 51, nays 0.

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

Senator Stumbaugh of the 55th moved that HB 622 be immediately trans mitted to the House.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 622 was immediately transmitted to the House.

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

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

Foster Gillis Greene Hill Holloway Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not answering were Senators :

Bond Coverdell

Evans Howard

Russell

Senator Barker of the 18th introduced the chaplain of the day, Reverend Robert E. Varnadore, pastor of the Houston Road Church of God, Warner Robins, Georgia, who offered prayer.

The following resolution of the Senate was read and adopted:

SR 109. By Senators Foster of the 50th, Overby of the 49th, Langford of the 51st and others:
A resolution urging the induction of Mr. John Robert "Johnny" Mize into the Baseball Hall of Fame.

Senator Hill of the 29th introduced the doctor of the day, Dr. J. W. Chambers, of LaGrange, Georgia.

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991

SENATE RULES CALENDAR Friday, February 18, 1977

HB 25. Financial Disclosure Act--change certain requirements (AMs)
SB 36. Death of Law Enforcement Officer--provide for idemnification (SUB)
SB 109. Teachers' Retirement--revoke options upon divorce (AM)
SB 154. Teachers' Retirement--option of remaining a member or becoming a member of a local retirement fund
SB 249. Roads Over State Property in which U. S. has Reversionary In terest--allow
SB 250. Probation Supervisors--limit funds payable to
SB 263. Probate Judges Council of Georgia--create SB 264. Probate Court Judges--revise provisions relating to fees
SB 285. Gordon Judicial Circuit--create
SR 79. Public Authority Study Committee--create SR 82. Federal Department of HEW Civil Rights Office--bureaucratic
bungling
Respectfully submitted,

/s/ Frank Eldridge Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the House, having been read the third time on February 8 and postponed until February 11, committed to the Committee on Economy, Reorganization and Efficiency in Government on February 11, favorably reported on February 16 and postponed until February 17, postponed on February 17 until February 18, was put upon its passage:
HB 25. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend the Campaign and Financial Disclosure Act, approved March 5, 1974, so as to change certain campaign disclosure report filing requirements under Section 6(d) of said Act.
Senator Kidd of the 25th moved to postpone HB 25 until Monday, February 21.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 25 was postponed until Monday, February 21.

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

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JOURNAL OF THE SENATE,

SB 36. By Senator Thompson of the 32nd:
A bill to provide for indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is killed or has been killed in the line of duty subsequent to January 1, 1973; to provide for purpose.

The Senate Committee on Judiciary offered the following substitute to SB 36:
A BILL
To be entitled an Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty subsequent to Janu ary 1, 1973; to provide for purpose; to provide for policy; to define certain terms; to provide for a Georgia State Indemnification Commis sion; to provide procedures for awarding indemnification; to provide for jurisdiction and procedures of the Commission; to provide for applica tions for indemnification; to provide limitations on indemnification; to provide for recovery from offenders; to provide for reports; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Purpose. The purpose of this Act is to implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973.
Section 2. Policy. It is herein deemed to be the policy of the State of Georgia to provide indemnification for law enforcement officers, fire men and certain correctional personnel who are either killed violently while performing their duty or who die from natural causes brought about by active exertion of efforts in performing direct law enforcement and public safety duties. Indemnification shall not apply if death from natural causes occurs while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen or correctional personnel.
Section 3. Definitions. As used in this Act, the following terms shall have the following definitions unless their use in context clearly requires otherwise:
(a) "Commission" shall mean the Georgia State Indemnification Commission.
(b) "Eligible fireman" shall mean any individual serving, with or without compensation, as a fireman, including any individual serving as an officially recognized or designated member of a legally organized volunteer fire department, who is determined by the Commission to have been at the time of his death

FRIDAY, FEBRUARY 18, 1977

993

(1) actually and directly engaged in fighting a fire; or

(2) otherwise engaged in the performance of his duty where the activity is determined by the Commission to be hazardous to the fireman.

(c) "Eligible law enforcement officer" shall mean any individual serving a public agency in an official capacity and for compensation as a law enforcement officer, who is determined by the Commission to have been at the time of his death engaged in

(1) the apprehension or attempted apprehension of any person

(A) for the commission of a crime, or

(B) who at that time was sought as a material witness in a criminal proceedings; or

(2) protecting or guarding a person held for the commission of a crime or held as a material witness in connection with a crime; or

(3) the lawful prevention of, or lawful attempt to prevent, the com mission of a crime; or

(4) the performance of his duty where the activity is determined by the Commission to be hazardous to the law enforcement officer.

(d) "Eligible prison guard" shall mean any individual serving a public agency in an official capacity and for compensation as a prison guard, who is determined by the Commission to have been at the time of his death engaged in

(1) guarding a person sentenced to a penal institution in this State; or

(2) guarding a person being transferred to a penal institution; or

(3) protecting or guarding a person held for the commission of a crime or held as a material witness in connection with a crime; or

(4) the performance of his duty where the activity is determined by the Commission to be hazardous to the law enforcement officer.

Section 4. Establishment of a Program of Indemnification. There is hereby established a program to provide for indemnification with respect to the death of any eligible law enforcement officer, fireman or prison guard who is killed or has been killed subsequent to January 1, 1973. The program of indemnification shall be administered by the Geor gia State Indemnification Commission. The Commission shall be com posed of the Secretary of State, the Commissioner of Public Safety, the Commissioner of Offender Rehabilitation and the Attorney General. The Secretary of State shall be the chairman of the Commission, and the

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JOURNAL OF THE SENATE,

Commission shall be assigned to the office of the Secretary of State for administrative purposes.

Section 5. Awarding Indemnification, (a) The sum of $20,000.00 shall be paid by the Commission as hereafter provided when an eligible law enforcement officer, fireman or prison guard is killed or receives bodily injury which results in the loss of his life within 180 days after being received. The provisions of this Act shall be applicable to any law enforcement officer, fireman or prison guard killed subsequent to Janu ary 1, 1973. Such payment shall be in addition to any workmen's com pensation or pension benefits of such law enforcement officer, fireman or prison guard.

(b) Such payment shall be made to the beneficiary designated by such law enforcement officer, fireman or prison guard in writing, signed by him and delivered to his employer during his lifetime. If no such desig nation is made, then it shall be paid to his surviving child or children and wife in equal portions, and if there be no surviving child or wife, then to his estate. Where there is a conflict as to the beneficiary, the latest designation of the officer delivered to his employer in writing shall
control.

(c) After determining the amount of the award, the Commission shall within five days forward a certified copy of the order granting the award to the Director, Fiscal Division, Department of Administrative Services, who shall be authorized to draw a warrant upon the State treasury in the amount of the award, payable to the applicant from funds appropriated or otherwise made available for the purposes of this
Act.

Section 6. Jurisdiction and Procedure of Commission, (a) The Commission shall have jurisdiction to determine and award indemnifi cation pursuant to the provisions of this Act. The Commission may in any case appoint a special master to take testimony, supervise or con duct necessary investigations and report to the Commission, but final disposition of any application shall be only by order of the Commission.

(b) The Commission shall provide by rule for proceedings before it pursuant to the provisions of this Act. Any such rule shall emphasize informality of the proceedings to the greatest extent possible. No claim ant shall be required to be represented or accompanied by an attorney.

(c) The Commission shall also be authorized to provide by rule for hearings and prescribe the necessary contents of applications and ex hibits to be filed with such applications relating to indemnification as provided in this Act.

(d) The Commission shall be authorized to use funds to purchase insurance to carry out the indemnification program. Any such insurance shall be placed by the Commission only after public bid of such insurance coverage, which coverage shall be awarded to the carrier making the lowest and best bid.
(e) The Commission shall also employ staff to perform its duties

FRIDAY, FEBRUARY 18, 1977

995

when funds for such purposes are appropriated by the General Assembly or otherwise made available for the purposes of this Act.

Section 7. Application for Indemnification. Any person who may be eligible for indemnification pursuant to this Act may make applica tion therefor to the Commission. In any case in which the person entitled to make application is a minor, the application may be made on his be half by this parent or guardian. In any case in which the person en titled to make application is mentally incompetent, the application may be made on his behalf by his parent, guardian or other individual au thorized to administer his estate.

Section 8. Limitation on Indemnification. Notwithstanding any other provisions of this Act, no indemnification shall be awarded to any person otherwise entitled thereto whose actions were a substantial con tributing factor to the death of the officer. No indemnification shall be awarded to any person if the death of the officer was caused by inten tional misconduct of the officer or if the death of the officer was a result of suicide.

Section 9. Recovery from Offender. Whenever an order for the payment of indemnification is or has been made under this Act, the State of Georgia shall, upon payment of the amount of the order, be subrogated to the cause of action of the applicant against the person or persons responsible for such death and the Attorney General shall be authorized to bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the State, after deducting the expenses incurred, shall pay the balance to the applicant.

Section 10. Reports. The Commission shall prepare and transmit to the Governor, the Lieutenant Governor and the Speaker of the House of Representatives annually a report of disbursements made pursuant to the provisions of this Act, including the copies of the orders awarding compensation.

Section 11. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval and upon the appropriation of the necessary funds to implement the provisions of this Act.

Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the committee substitute, the yeas were 0, nays 33, and the committee substitute was lost.

Senator Thompson of the 32nd and Greene of the 26th offered the following substitute to SB 36:

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A BILL

To be entitled an Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty subsequent to Jan
uary 1, 1975; to provide for purpose; to provide for policy; to define certain terms; to provide for a Georgia State Indemnification Commis sion; to provide procedures and awarding indemnification; to provide for jurisdiction and procedures of the Commission; to provide for ap plications for indemnification; to provide limitations on indemnification; to provide for recovery from offenders; to provide for reports; to pro vide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Purpose. The purpose of this Act is to implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973.

Section 2. Policy. It is herein deemed to be the policy of the State of Georgia to provide indemnification for law enforcement officers, firemen and prison guards who are either killed violently while per forming their duty or who die from bodily injuries received in perform ing their duty or who die from natural causes brought about by active exertion of efforts in performing direct law enforcement and public safe ty duties, all as defined in Section 3. Indemnification shall not apply if death from natural causes occurs while performing routine duties which would not be strenuous or dangerous if performed by citizens who are now law enforcement officers, firemen or prison guards.

Section 3. Definitions. As used in this Act, the following terms shall have the following definitions unless their use in context clearly requires otherwise:

(a) "Commission" shall mean the Georgia State Indemnification Commission.

(b) "Eligible fireman" shall mean any individual serving, with or without compensation, as a fireman, including any individual serving as an officially recognized or designated member of a legally organized volunteer fire department, who is determined by the Commission to have been at the time of his death or at the time he received bodily injuries from which he died within 180 days engaged in

(1) actually and directly fighting a fire; or

(2) the performance of his duty where the activity is determined by the Commission to be hazardous to the fireman.

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997

(c) "Eligible law enforcement officer" shall mean any individual serving a public agency in an official capacity and for compensation as a law enforcement officer, who is determined by the Commission to have been at the time of his death or at the time he received bodily injuries from which he died within 180 days engaged in

(1) the apprehension or attempted apprehension of any person

(A) for the commission of a crime, or

(B) who at that time was sought as a material witness in a crimi nal proceeding; or

(2) protecting or guarding a person held for the commission of a crime or held as a material witness in connection with a crime; or

(3) the lawful prevention of, or lawful attempt to prevent, the com mission of a crime; or

(4) the performance of his duty where the activity is determined by the Commission to be hazardous to the law enforcement officer.

(d) "Eligible prison guard" shall mean any individual serving a public agency in an official capacity and for compensation as a prison guard, who is determined by the Commission to have been at the time of his death or at the time he received bodily injuries from which he died within 180 days engaged in

(1) guarding a person sentenced to a penal institution in this State; or

(2) guarding a person being transferred to a penal institution; or

(3) protecting or guarding a person held for the commission of a crime or held as a material witness in connection with a crime; or

(4) the performance of his duty where the activity is determined by the Commission to be hazardous to the prison guard.

Section 4. Establishment of a Program of Indemnification. There is hereby established a program to provide for indemnification with respect to the death of any eligible law enforcement officer, fireman or prison guard who is killed or has been killed subsequent to January 1, 1973. The program of indemnification shall be administered by the Georgia State Indemnification Commission. The Commission shall be composed of the Secretary of State, the Commissioner of Public Safety, the Commissioner of Offender Rehabilitation and the Attorney General. The Secretary of State shall be the chairman of the Commission, and the Commission shall be assigned to the office of the Secretary of State for administrative purposes.
Section 5. Awarding Indemnification, (a) The sum of $20,000.00

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shall be paid by the Commission as hereafter provided when an eligible law enforcement officer, eligible fireman or eligible prison guard, all as defined in Section 3, is killed or receives bodily injury which results in the loss of his life within 180 days after being received. Such payment shall be in addition to any payment of any type whatsoever made as a result of any such death.

(b) Such payment shall be made to the beneficiary designated by such law enforcement officer, fireman or prison guard in writing, signed by him and delivered to his employer during his lifetime. If no such designation is made, then it shall be paid to his surviving child or chil
dren and wife in equal portions, and if there be no surviving child or wife, then to his estate. Where there is a conflict as to the beneficiary, the latest designation of the officer delivered to his employer in writing shall control.

(c) After determining that the award should be paid the Commis sion, within five days, shall forward a certified copy of the order grant ing the award to the Director, Fiscal Division, Department of Admin istrative Services, who shall be authorized to draw a warrant upon the State treasury in the amount of the award, payable to the applicant from funds appropriated or otherwise made available for the purposes of this Act.

Section 6. Jurisdiction and Procedure of Commission, (a) The Com mission shall have jurisdiction to determine and award indemnification pursuant to the provisions of this Act. The Commission may in any case appoint a special master to take testimony, supervise or conduct neces sary investigations and report to the Commission, but final disposition of any application shall be only by order of the Commission.

(b) The Commission shall provide by rule for proceedings before it pursuant to the provisions of this Act. Any such rule shall emphasize informality of the proceedings to the greatest extent possible. No claim ant shall be required to be represented or accompanied by an attorney.

(c) The Commission shall also be authorized to provide by rule for hearings and prescribe the necessary contents of applications and ex hibits to be filed with such applications relating to indemnification as provided in this Act.

(d) The Commission shall be authorized to use funds to purchase insurance to carry out the indemnification program. Any such insurance shall be placed by the Commission only after public bid of such insurance coverage, which coverage shall be awarded to the carrier making the lowest and best bid.

(e) The Commission shall also employ staff to perform its duties when funds for such purposes are appropriated by the General As sembly or otherwise made available for the purposes of this Act.

Section 7. Application for Indemnification. Any person who may be eligible for indemnification pursuant to this Act may make appli cation therefor to the Commission. In any case in which the person en-

FRIDAY, FEBRUARY 18, 1977

999

titled to make application is a minor, the application may be made on his behalf by this parent or guardian. In any case in which the person entitled to make application is mentally incompetent, the application may be made on his behalf by this parent, guardian or other individual authorized to administer his estate. An application for indemnification relative to any law enforcement officer, fireman or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to the date on which this Act becomes effective must be made within 12 months from the date this Act becomes effective. An application for indemnification relative to any law enforcement officer, fireman or prison guard killed in the line of duty on or after the effective date of this Act must be made within 12 months from the death of such law enforcement officer, fireman or prison guard.

Section 8. Limitation on Indemnification. Notwithstanding any other provisions of this Act, no indemnification shall be awarded to any person otherwise entitled thereto whose actions were a substantial con tributing factor to the death of the officer. No indemnification shall be awarded to any person if the death of the officer was caused by inten tional misconduct of the officer or if the death of the officer was a result of suicide.

Section 9. Recovery from Offender. Whenever an order for the payment of Indemnification is or has been made under this Act, the State of Georgia shall, upon payment of the amount of the order, be subrogated to the cause of action of the applicant against the person or persons responsible for such death and the Attorney General shall be authorized to bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the State, after deducting the expenses incurred, shall pay the balance to the applicant.

Section 10. Reports. The Commission shall prepare and transmit to the Governor, the Lieutenant Governor and the Speaker of the House of Representatives annually a report of disbursements made pursuant to the provisions of this Act, including the copies of the orders awarding compensation.

Section 11. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and upon the appropriation of the necessary funds to implement the provisions of this Act.

Section 12. Repealer. 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 by substitute, was agreed to by substitute.

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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

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th
Carter
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
English
Evans

Fincher Foster Gillis Greene Hill Holloway Hudgins Hudson Johnson
Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk
Pearce

Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers
Sutton
Tate
Thompson
Timmons
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Bond Coverdell

Howard Russell

Traylor

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 109. By Senators Timmons of the llth and Turner of the 8th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that certain retired members may elect, upon divorce, to revoke his or her previously exercised election for an optional retirement allowance.

The following fiscal note, as required by law, was read by the Secretary:

MEMORANDUM

TO:

The Honorable E. G. Summers, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Richard B. Cobb, Deputy Director, Office of Planning and Budget

DATE:

February 8, 1977

FRIDAY, FEBRUARY 18, 1977

1001

SUBJECT: Fiscal Note--Senate Bill 109 Teachers' Retirement System

Please find attached a memorandum from Mr. Wesley H. Rucker, Executive Secretary-Treasurer of the Teachers' Retirement System. We feel it is self-explanatory, and it concurs with our own analysis.

/s/ William M. Nixon State Auditor

/s/ Richard B. Cobb Deputy Director, Office of Planning and Budget

February 4, 1977

MEMORANDUM

TO:

Mr. William M. Nixon

State Auditor

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System

SUBJECT: Senate Bill 109

This bill would permit retired members of the Teachers Retirement System who have selected one of the optional plans of retirement which provide monthly survivors' benefits to name another beneficiary under the optional plan, or choose another plan of retirement, when they have been granted a final judgment of divorce from their spouses nominated for survivors' benefits.

We have determined that this bill would cause no additional cost to the Teachers Retirement System, therefore, there would be no additional cost to the State if this bill became law.

The Senate Committee on Retirement offered the following amendment: Amend SB 109 by striking on Page 1, line 13 and on Page 2, line 5,
the following: "4",
and substituting in lieu thereof the following:
"5".

On the adoption of the amendment, the yeas were 29, nays 0, and the amend ment 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Foster Gillis Greene Hill Holloway
Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Over by Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Bond 'Coverdell

Howard

Russell

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 154. By Senators Tate of the 38th, Foster of the 50th, Banks of the 17th 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 re tirement fund.

The following fiscal note, as required by law, was read by the Secretary:

MEMORANDUM

TO: FROM:

The Honorable E. G. Summers, Chairman Senate Retirement Committee
William M. Nixon, State Auditor Richard B. Cobb, Deputy Director, Office of Planning and Budget

FRIDAY, FEBRUARY 18, 1977

1003

DATE:

January 31,1977

SUBJECT: Fiscal Note--Senate Bill 154 Teachers' Retirement System

Please find attached a memorandum from Mr. Wesley H. Rucker, Executive Secretary-Treasurer of the Teachers' Retirement System. We feel it is self-explanatory, and it concurs with our own analysis.

/s/ William M. Nixon State Auditor

/s/ Richard B. Cobb Deputy Director, Office of Planning and Budget

January 25, 1977

MEMORANDUM

TO:

Mr. William M. Nixon

State Auditor

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System

SUBJECT: Senate Bill 154

This bill expands a provision added to the retirement law of the Teachers Retirement System during the 1975 Session of the General Assembly. The 1975 amendment permitted members of the Teachers Re tirement System with 10 or more years of service who accept teaching positions in school systems that operate local retirement funds (City of Atlanta and Fulton County), to continue their membership with the Teachers Retirement System.

The bill requires the local boards of education to deduct member contributions from the teachers' salaries and to pay the member con tributions and the required employer contributions to the Teachers Re tirement 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:

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JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Eldridge English Evans

Foster Gillis Greene Hill Holloway Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers
Sutton Tate Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Bond Coverdell Dean of 6th Pincher

Howard Hudgins Russell

Thompson (excused conferee) Timmons

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Tate of the 38th moved that SB 154 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 154 was immediately transmitted to the House.

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 546. By Representatives Carlisle and Mostiler of the 71st, Nichols of the 27th and others: A bill to provide that no building shall be constructed within this State after a certain date which employs water closets or shower heads which exceed a certain rate in the use of water.

FRIDAY, FEBRUARY 18, 1977

1005

HB 261. By Representative Buck of the 95th:
A bill to amend an Act to provide 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, so as to provide for the fixing of support to be paid by such a father, where custody of a minor child or children is awarded to the mother as a part of the divorce decree.

Senator Holloway of the 12th, President Pro Tempore, 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 249. By Senator Kennedy of the 4th:
A bill to amend an Act relating to the improvement of real estate held by the State of Georgia in fee simple or under quit-claim deed with a reversionary interest in the Federal Government, or under a long-term federal license agreement with a reversionary interest in the Federal Government, 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:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter
Dean of 31st Doss Eldridge English Evans Foster

Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester
McGill Overby Paulk Pearce Reynolds Riley

Those not voting were Senators:

Bond Coverdell Dean of 6th Duncan

Fincher Holloway (presiding) Hudgins Russell

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels
Scott Timmons

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JOURNAL OP THE SENATE,

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

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

SB 250. By Senator Kennedy of the 4th:
A bill to amend an Act known as the "Statewide Probation Act", as amended, so as to limit the funds payable to probation supervisors; to provide for the payment over of funds so collected; to provide for the giving of notice of unclaimed funds.

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Eldridge English Evans Fincher

Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell Dean of 6th

Duncan Holloway (presiding) Hudgins

Russell 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 local bill of the Senate was taken up for the purpose of con sidering House action thereto:

SB 176. By Senator Shapard of the 28th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, as amended, so as to change the salary

FRIDAY, FEBRUARY 18, 1977

1007

of the Tax Commissioner of Spalding County, which salary shall be paid in addition to the additional annual compensation of $150.00 for each four-year term or part thereof completed by such officer.

The House substitute to SB 176 was as follows:
A BILL
To be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, approved February 16, 1950 (Ga. Laws 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2659), and an Act ap proved April 5, 1971 (Ga. Laws 1971, p. 3110), so as to change the com pensation of the Tax Commissioner of Spalding County; to provide for payment thereof; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Spalding County, approved February 16, 1950 (Ga. Laws, 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2659), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3110), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3, to read as follows:
"Section 3. (a) The Tax Commissioner of Spalding County shall be paid a salary at the rate of $15,840.00 per annum, which shall be in addition to the sum authorized in subsection (c).
(b) Said salary shall be apportioned and payable for the re mainder of the current year 1977 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County and shall be payable, as accrued, in equal month ly installments, on the last day of each month.
(c) In addition to the aforesaid salary said officer shall be en titled to an annual sum of $150.00 for each four-year term or part of such term which he or she has completed, which such additional compensation shall be paid at said annual rate from the funds of Spalding County and shall be payable, as accrued, in equal monthly installments, on the last day of each month.
(d) Said salary and said additional compensation, as herein before provided, shall be in full payment of all services rendered by said officer and said salary and compensation shall be all-inclusive and said officer shall not receive any other compensation for services performed and said salary and compensation shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of what ever kind, expressly including those commissions, allowed by an Act

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JOURNAL OF THE SENATE,

relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest, approved January 17, 1938 (Ga. Laws 1937-38 Ex. Sess., p. 297), as amended, and those commissions allowed by an Act providing for the registra tion of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties and the commissions, fees or compensation paid such regis tration agents therefor, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended; and all such fees, commissions, costs, fines, forfeitures, allowances, penalties, funds, monies, emoluments and perquisites of whatever kind which shall be allowed said commis sioner after the last day of February, 1966, excepting the aforesaid salary and additional compensation accruing to said officer, shall be and become the property of Spalding County, Georgia, and said county is hereby subrogated to all rights, claims and liens of said officer for same. The procedure now in force or as may hereafter be provided for by law as to the collection by said tax commissioner of all such fees, commissions, costs, fines, forfeitures, allowances, penalties, funds, monies, emoluments and perquisites of whatever kind, shall be followed and performed by said officer, but as herein provided all such monies so collected by said tax commissioner shall be collected for the use of Spalding County and shall be accounted for by the tax commissioner to the Board of Commissioners of Spalding County and paid, at least quarterly, each year, into the county treasury of Spalding County by said tax commissioner.

(e) The Board of Commissioners of Spalding County shall fur nish said tax commissioner with all necessary office space, supplies, equipment and clerical help to sufficiently perform the duties of said office and shall pay from the funds of Spalding County the costs and expenses therefor and all other costs and expenses as may here after be approved by the Board of Commissioners of Spalding Coun ty, Georgia, in connection with the operation of the office of such tax commissioner, provided, however, the tax commissioner shall, in his or her discretion, have the sole authority to hire or discharge any personnel employed or used in connection with the operation of
said office.

(f) If such tax commissioner shall be designated as an agent of the State Revenue Department for the purpose of accepting applica tions for the registration of motor vehicles and issuance of license plates under the provisions of the pertinent laws of Georgia, the Board of Commissioners of Spalding County shall furnish to said tax commissioner, as such agent, such additional clerical help as needed to adequately perform the duties of such agent, all as pro vided by law, and the expenses therefor shall be paid out of the funds of Spalding County by the board of commissioners of said county."

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.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

FRIDAY, FEBRUARY 18, 1977

1009

Senator Shapard of the 28th moved that the Senate agree to the House sub stitute to SB 176.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 176.

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 263. By Senators Howard of the 42nd, English of the 21st and Fincher of the 54th:
A bill to create the Probate Judges Council of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, au thority and responsibilities.

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell

Doss Holloway (presiding)

Hudgins Russell

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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JOURNAL OF THE SENATE,

SB 264. By Senators Pearce of the 16th and Reynolds of the 48th:
A bill to amend Code Chapter 24-17, relating to powers, election, qualifi cation and fees of judges of the probate courts, as amended, so as to substantially revise, supersede and change the provisions relating to fees of the judges of the probate courts; to provide for a deposit of cost.

Senator Pearce of the 16th offered the following amendment: Amend SB 264 by striking from line 10 of Page 9 the following: "Issuing warrant",
and inserting in lieu thereof the following: "Receiving written application for warrant".

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 Barnes Bell Bond Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher

Foster Gillis Greene Hill Howard Hudgins Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce Reynolds Riley

Those not voting were Senators:

Allgood Brantley Coverdell

Duncan Holloway (presiding) Hudson

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
McGill Russell

FRIDAY, FEBRUARY 18, 1977

1011

On the passage of the bill, the yeas were 48, nays 0.

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

The President resumed the Chair.

SB 285. By Senator Langford of the 51st:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Gordon Judicial Circuit, to be composed of the County of Gordon; to provide for a judge of the superior court and a district attor ney for said circuit.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Bond Coverdell Duncan

Johnson Russell

Thompson (excused conferee) Timmons

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

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

SR 79. By Senators Riley of the 1st, Holloway of the 12th, Broun of the 46th and others:
A resolution creating the Public Authorities Study Committee.

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JOURNAL 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans

Fincher Gillis Greene Hill Holloway Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell

Foster Howard

Russell

On the adoption of the resolution, the yeas were 51, nays 0.

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

SR 82. By Senators Timmons of the llth, Russell of the 10th, Carter of the 14th and others:
A resolution relative to bureaucratic bungling by the Office for Civil Rights of the Federal Department of Health, Education and Welfare.

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:

Allgood Ballard Banks

Barker Barnes Bell

Brantley Brown of 47th Carter

FRIDAY, FEBRUARY 18, 1977

1013

Dean of 6th Dean of 31st Doss Duncan Eldridge English Fincher Foster Gillis Greene Hill Holloway Howard Hudgins

Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson Scott Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Evans

Johnson

Those not voting were Senators:

Bond Broun of 46th

Coverdell

Thompson Russell

On the adoption of the resolution, the yeas were 49, nays 3.

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

The following resolution of the Senate was read and adopted:

SR 114. By Senators Fincher of the 54th, Sutton of the 9th, Eldridge of the 7th and others: A resolution commending Senator Duncan of the 30th on his birthday.
The following bills of the House were read the first time and referred to committees:
HB 261. By Representative Buck of the 95th: A bill to amend an Act to provide 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, so as to provide for the fixing of support to be paid by such a father, where custody of a minor child or children is awarded to the mother as a part of the divorce decree.
Referred to Committee on Judiciary.
HB 546. By Representatives Carlisle and Mostiler of the 71st, Nichols of the 27th and others: A bill to provide that no building shall be constructed within this State

1014

JOURNAL OP THE SENATE,

after a certain date which employs water closets or shower heads which exceed a certain rate in the use of water.
Referred to Committee on Higher Education.

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 138. By Representatives Hill of the 127th and Scott of the 123rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum election under certain conditions; 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 VII of the Constitution, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provision of this Article, the Mayor and Aldermen of the City of Savannah may issue general obligation bonds for street and drainage improvements and all costs necessary therefor including acquiring rights-of-way without submitting the issuance thereof to the voters of said City at a referendum. The au thority to issue bonds under the provisions of this paragraph shall be in addition to and shall not alter, impair, limit or otherwise affect the power of the Mayor and Aldermen to issue the bonds pro vided for in an amendment ratified on November 7, 1972 (Ga. Laws 1972, p. 1521), but the bonds issued under this paragraph shall be in addition to the bonds authorized by such amendment. Bonds issued under this paragraph shall be subject to the following restrictions and limitations:
1. The issuance of such bonds shall be authorized at a public meeting held for such purpose after at least ten (10) days' notice thereof in the official organ of said City and in at least one (1) of the daily newspapers of said City.
2. Not more than ten (10%) percent of the total unused bond capacity of said City and in no event more than one million dollars ($1,000,000.00) in the aggregate in such bonds so issued without a referendum shall be issued in any fiscal year.
3. The aggregate of all outstanding bonds, including those is sued by vote of the people in a referendum and those issued under the 1972 amendment and this amendment without a referendum,

FRIDAY, FEBRUARY 18, 1977

1015

shall not exceed the limitations provided elsewhere in this para graph.

4. Funds realized under provisions of this paragraph shall be expended only in accordance with existing paving policies of the Mayor and Aldermen of the City of Savannah in effect on January 1, 1979, to the end that property owners affected will continue to pay such present portion of paving costs unless the paving project is declared a public necessity."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976, 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 autho rize the Mayor and Aldermen of the City of
( ) NO Savannah to issue an additional ten (10%) per cent of its total unused bond capacity, but not more than one million ($1,000,000.00) dollars in general obligation bonds in any fiscal year with out a referendum, but subject to a public hearing and the limitations imposed, for street and drain age improvements?"

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:

Allgood Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th

Carter Dean of 6th Doss Duncan Eldridge English Evans Fincher

Gillis Greene Hill Holloway Howard Hudgins Johnson Kennedy

1016

JOURNAL OF THE SENATE,

Kidd
Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson
Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate

Thompson
Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes
Bond Coverdell

Dean of 31st Foster

Hudson Russell

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.

HR 164. By Representatives Harris of the 20th, Housley of the 21st, Cooper of the 19th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the the Justices of the Peace of Cobb 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 GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitu tion, is hereby amended by providing at the end thereof the following paragraph:
"Provided, however, that in Cobb County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu, tort to persons, and in cases of injury or damage to and conversion of per sonal property, when the principal sum does not exceed one thousand 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 XII, Section I, Para graph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

FRIDAY, FEBRUARY 18, 1977

1017

"( ) 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 Cobb County shall have jurisdiction from two hundred dollars to one thousand dollars?"

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:

Allgood Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans Fincher Gillis

Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker
Wessels

Those not voting were Senators:

Barnes Bond Coverdell

Dean of 31st Foster

Hudson Russell

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.

1018

JOURNAL OF THE SENATE,

HR 173. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Houston County by the Board of Education of Houston County; 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 VIII, Section V, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:

"The County School Superintendent of Houston County serving at the time of the ratification of this paragraph shall continue to serve out the term of office to which he was elected. Thereafter the Board of Education of Houston County shall appoint the County School Superintendent of Houston County, who shall serve at the pleasure of the board. The board shall fix the compensation of the superintendent. The person appointed to the office of County School Superintendent of Houston County shall possess the qualifications prescribed for county school superintendents by the laws of this State."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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 County School Superintendent of
( ) NO Houston County shall be appointed by the Board of Education of Houston County?"

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.

Senator Barker of the 18th offered the following amendment:
Amend HR 173 by inserting, following the sentence ending on line 17 of Page 1, the following:

FRIDAY, FEBRUARY 18, 1977

1019

"In the event of a vacancy in the office of county school super intendent prior to January 1, 1981, the Board of Education of Hous ton County shall appoint a successor to the superintendent."

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 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:

Allgood Ballard Banks Barker Bell Brantley
Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans Fincher Gillis

Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bond Coverdell

Dean of 31st Foster

Hudson Russell

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 as amended.

HR 174. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a seven-member Board of Education of Houston County; to provide for

1020

JOURNAL OP THE SENATE,

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 II of the Constitu tion is hereby amended by adding at the end thereof the following:

"Any other provision of this Constitution or law to the con trary notwithstanding, effective on January 1, 1981, the Board of Education of Houston County shall be composed of seven members, who shall be elected as provided in this paragraph. The members of the Board of Education of Houston County who are in office on July 1, 1979, shall continue in office until January 1, 1981, at which time the terms of all members of the five-member Board of Education of Houston County shall terminate. For the purpose of electing members of the seven-member board, the Houston County School District is hereby divided into three education districts to be composed of that territory embraced within the following:

District 1
Houston ED's 1, 2, 3, 4, 5, 9A, 9B, 10A, 10B, 11, 12, 13, 14, 15, 16, 17 and 18. ED 19 that portion North of Watson Blvd. ED 21 that portion North of Watson Blvd. ED's 22, 23, 24A and 24B ED 25 that portion North of Watson Blvd. ED's 34 and 35

District 2
Houston ED 6 ED 7 that portion North of Ga. Hwy 96 ED 8 that portion North of Ga. Hwy. 96 ED 19 that portion South of Watson Blvd. ED 20 ED 21 that portion South of Watson Blvd. ED 25 that portion South of Watson Blvd. ED's 26, 27, 28A, 28B, 29A, 29B, 29C, 30, 31, 32, 33, 36 and 37

District 3
Houston ED 7 that portion South of Ga. Hwy. 96 ED 8 that portion South of Ga. Hwy. 96 ED's 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51.

For the purposes of this paragraph, the designation 'CCD' shall mean 'Census County Division'; and the designation 'ED' shall mean

FRIDAY, FEBRUARY 18, 1977

1021

'Enumeration District'. The terms 'Census County Division', 'Enum eration District' and 'Tract' shall have the same meaning and de scribe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. For the purpose of electing the members of the board of education, there shall be seven member posts on the board. The two members elected to Post 1 and Post 2 shall be resi dents of Education District 1 and shall be elected by the qualified voters residing within Education District 1. The two members elected to Post 3 and Post 4 shall be residents of Education District 2 and shall be elected by the qualified voters residing within Educa tion District 2. The member elected to Post 5 shall be a resident of Education District 3 and shall be elected by the qualified voters residing within Education District 3. The two members elected to Post 6 and Post 7 shall be residents of the Houston County School District at large and shall be elected by the qualified voters of the entire Houston County School District. Candidates for election to the board shall designate the numbered post on the board for which they offer as a candidate. The initial members of the board to be elected under the provisions of this paragraph shall be elected in the general election in November, 1980, and shall take office on January 1, 1981. The members elected to Post 1, Post 3, Post 5 and Post 7 shall serve for an initial term of office of four years each and until their respective successors are duly elected and qualified. The mem bers elected to Post 2, Post 4 and Post 6 shall serve for a initial term of office of two years each and until their respective successors are duly elected and qualified. Following the initial terms of office provided herein, all members shall be elected in the general election immediately preceding the expiration of the term of office and shall take office on the first day of January following their election for a term of office of four years each and until their respective suc cessors are duly elected and qualified. Vacancies which occur on the board shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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) NO vide for the election of a seven-member Board of
Education of Houston County?"

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.

1022

JOURNAL OP THE SENATE,

Senator Barker of the 18th offered the following substitute to HR 174:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for a seven-member Board of Education of Houston 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 GEORGIA:

Section 1. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provision of this Constitution or law to the contrary notwithstanding, effective on January 1, 1981, the Board of Educa tion of Houston County shall be composed of seven members, who shall be elected as provided in this paragraph. The members of the Board of Education of Houston County elected at the 1978 general election to Post 1, Post 3 and Post 5 are hereby designated as initial members of the seven-member board created by this paragraph and shall represent Post 6, Post 4 and Post 2, respectively, on the sevenmember board for terms of office ending on January 1, 1983. The members of the Board of Education of Houston County who are in office on July 1, 1979, and who were elected to Post 2 and Post 4 on said five-member board shall continue in office until January 1, 1981, at which time the terms of such members of the five-member Board of Education of Houston County shall terminate. For the purpose of electing members of the seven-member board, the Houston County School District is hereby divided into three education districts to be composed of that territory embraced within the following:

District 1
Houston ED's 1, 2, 3, 4, 5, 9A, 9B, 10A, 10B, 11, 12, 13, 14, 15, 16, 17 and 18. ED 19 that portion North of Watson Blvd. ED 21 that portion North of Watson Blvd. ED's 22, 23, 24A and 24B ED 25 that portion North of Watson Blvd. ED's 34 and 35

District 2
Houston ED 6 ED 7 that portion North of Ga. Hwy. 96 ED 8 that portion North of Ga. Hwy. 96 ED 19 that portion South of Watson Blvd. ED 20 ED 21 that portion South of Watson Blvd. ED 25 that portion South of Watson Blvd.

FRIDAY, FEBRUARY 18, 1977

1023

ED's 26, 27, 28A, 28B, 29A, 29B, 29C, 30, 31, 32, 33, 36 and 37

District 3
Houston ED 7 that portion South of Ga. Hwy. 96 ED 8 that portion South of Ga. Hwy. 96 ED's 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51.

For the purposes of this paragraph, the designation 'CCD' shall mean 'Census County Division'; and the designation 'ED' shall mean Enumeration District'. The terms 'Census County Division', 'Enum eration District' and 'Tract' shall have the same meaning and de scribe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. For the purpose of electing the members of the board of education, there shall be seven member posts on the board. The two members elected to Post 1 and Post 2 shall be resi dents of Education District 1 and shall be elected by the qualified voters residing within Education District 1. The two members elected to Post 3 and Post 4 shall be residents of Education District 2 and shall be elected by the qualified voters residing within Edu cation District 2. The member elected to Post 5 shall be a resident of Education District 3 and shall be elected by the qualified voters residing within Education District 3. The two members elected to Post 6 and Post 7 shall be residents of the Houston County School District at large and shall be elected by the qualified voters of the entire Houston County School District. Candidates for election to the board shall designate the numbered post on the board for which they offer as a candidate. The initial members of the board to be elected from Posts 1, 3, 5 and 7 under the provisions of this para graph shall be elected in the general election in November, 1980, and shall take office on January 1, 1981. The members elected to Post 1, Post 3, Post 5 and Post 7 shall serve for an initial term of office of four years each and until their respective successors are duly elected and qualified. The members initially elected to Post 2, Post 4 and Post 6 shall be elected in the general election in Novem ber, 1982, and shall take office on January 1, 1983, and shall serve for an initial term of office of four years each and until their respective successors are duly elected and qualified. Following the initial terms of office provided herein, all members shall be elected in the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January following their election for a term of office of four years each and until their respective successors are duly elected and quali fied. Vacancies which occur on the board shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

1024

JOURNAL OF THE SENATE,

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( ) NO vide for the election of a seven-member Board of Education of Houston County?"

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, the yeas were 49, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the reso lution, 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

Allgood Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans Fincher Gillis

Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester MoGill Overby Paulk Pearce Reynolds Riley Robinson

Scott Shapard
Starr Stephens Stumbaugh Summers
Sutton Tate Thompson
Timmons Traylor Turner
Tysinger Walker Wessels

Those not voting were Senators :

Barnes Bond Coverdell

Dean of 31st Foster

Hudson Russell

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 by substitute.

FRIDAY, FEBRUARY 18, 1977

1025

HR 178. By Representatives Johnson and Glanton of the 66th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Whitesburg in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Whitesburg ad valorem taxes; to provide for the submission of this statement 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:

"Any other provisions of this Constitution to the contrary not withstanding, the governing authority of the City of Whitesburg is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resi dent of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing au thority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing any addi tional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemp tion. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit there after for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

1026

JOURNAL OF THE SENATE,

"( ) YES Shall the Constitution be amended so as to pro vide for a homestead exemption for residents of
( ) NO of the City of Whitesburg in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Whitesburg ad valorem taxes?"

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:

Allgood Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans Fincher Gillis

Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barnes Bond Coverdell

Dean of 31st Foster

Hudson Russell

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.

FRIDAY, FEBRUARY 18, 1977

1027

HR 179. By Representatives Johnson and Glanton of the 6th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Carrollton ad valorem taxes; 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:

"Any other provisions of this Constitution to the contrary not withstanding, the governing authority of the City of Carrollton is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resi dent of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing au thority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such addi tional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemp tion. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The home stead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper ad ministration of this exemption."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

1028

JOURNAL OF THE SENATE,

"( ) YES Shall the Constitution be amended so as to pro vide for a homestead exemption for residents of
( ) NO the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Carrollton ad valorem taxes?"

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:

Allgood Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan
Eldridge
English
Evans
Fincher
Gillis

Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby
Paulk
Pearce
Reynolds
Riley
Robinson

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Barnes Bond Coverdell

Dean of 31st Foster

Hudson Russell

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

FRIDAY, FEBRUARY 18, 1977

1029

HR 180. By Representatives Johnson and Glanton of the 66th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Temple in the amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Temple ad valorem taxes; 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 Constitution is hereby amended by adding at the end thereof the following:

"Any other provisions of this Constitution to the contrary notwith standing, the governing authority of the City of Temple is hereby autho rized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resident of the city as a residence and a homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemp tion. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subse quent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing autho rity in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for here in shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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 a homestead exemption for residents

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JOURNAL OF THE SENATE,

( ) NO of the City of Temple in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Temple ad valorem taxes?"

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:

Allgood Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans Fincher Gillis

Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Those not voting were Senators:

Barnes Bond Coverdell

Dean of 31st Foster Hudson

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Russell

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.

FRIDAY, FEBRUARY 18, 1977

1031

HR 181. By Representatives Johnson and Glanton of the 66th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Villa Rica in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Villa Rica ad valorem taxes; 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 Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwith standing, the governing authority of the City of Villa Rica is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resident of the city as a resi dence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such ex emption. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any sub sequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing au thority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.
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 a homestead exemption for residents of
( ) NO the City of Villa Rica in an amount to be fixed by the governing authority of the city at not

1032

JOURNAL OF THE SENATE,

more than $2,000.00 from all City of Villa Rica ad valorem taxes?"

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:

Allgood Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans Fincher Gillis

Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Those not voting were Senators:

Barnes Bond Coverdell

Dean of 31st Foster Hudson

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Russell

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.

FRIDAY, FEBRUARY 18, 1977

1033

HR 184. By Representatives Johnson and Glanton of the 66th:

A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the Town of Roopville in an amount to be fixed by the governing authority of the town at not more than $2,000.00 from all Town of Roopville ad valorem taxes; 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 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 Town of Roopville is hereby authorized to grant an exemption from all town ad valorem taxes in an amount to be fixed by the governing authority at not more than $2,000.00 on a homestead owned and occupied by a resident of the town as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the town, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemption. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said af fidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he be comes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the town pro vides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the town may provide by ordinance for the proper administration of this exemption."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.
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 a homestead exemption for residents of

1034

JOURNAL OF THE SENATE,

( ) NO

the Town of Roopville in an amount to be fixed by the governing authority of the town at not more than $2,000.00 from all Town of Roopville ad valorem taxes?"

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:

Allgood
Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th
Carter Dean of 6th
Doss Duncan Eldridge
English Evans Fincher Gillis

Greene Hill Holloway Howard
Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Barnes Bond Coverdell

Dean of 31st Foster

Hudson Russell

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

FRIDAY, FEBRUARY 18, 1977

1035

Mr. President:

The House has adopted the following resolution of the House:

HR 262. By Representative Murphy of the 18th:
A resolution relative to adjournment from February 18 to February 21, 1977.
The following communication from His Excellency, Governor George Busbee, was received and read by the Secretary:
OFFICE OF GOVERNOR Atlanta, Georgia 30334 February 18, 1977
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 Elizabeth A. Sterling of Fulton County as a member of the State Board of Accountancy, for the term of office beginning Sep tember 13, 1976, and ending June 30, 1979.
Honorable Wilbert H. Schwotzer of Fulton County as a member of the State Board of Accountancy, for the term of office beginning Sep tember 13, 1976, and ending June 30, 1980.
Honorable Ernest M. Acree of Whitfield County as a member of the State Board of Accountancy, for the term of office beginning Sep tember 13, 1976, and ending June 30, 1980.
Honorable Walter T. Carry of Fulton County as a member of the State Board for Examination, Qualification and Registration of Archi tects, for the term of office beginning September 8, 1976, and ending March 5, 1981.

The following named persons as members of the Area Planning and
Development Advisory Committee for terms beginning August 5, 1976, and serving at the pleasure of the Governor: J. Carl Daughtry, Candler County; Jack Crowder, Fulton County; Roger Shaw, Emanuel County; John J. Hood, Coweta County; Doris Flythe, Effingham County; Wil liam F. Pierce, Cook County; Dean D. Hayes, Gordon County; Lee Carter, Hart County; John H. Anderson, Jr., Pulaski County; Alton Fendley, Clay County; Frank B. Turner, Newton County; B. Lewis Brinson, Jr., Dooly County; Rhett Milam, Houston County (resigned

1036

JOURNAL OF THE SENATE,

January 25, 1977); Letchwich Watkins, Gilmer County; Robert Hawk, Walton County; Ralph Jackson, Jr., Johnson County; Rodney Moore, Ware County; John Baxter, Thomas County.

Honorable Barbara C. Calhoun of Houston County as a member of the Area Planning and Development Advisory Committee, for the term of office beginning February 14, 1977, and serving at the pleasure of the Governor.

The following named persons as members of the Georgia Council for the Arts and Humanities for terms beginning August 24, 1976, and ending August 24, 1977: Isabella Watkins, Fulton County; Anne C. Bar ton, Richmond County; R. Scott Coleman, Butts County; Michael L. Lomax, Fulton County; Dorothy McClure, Muscogee County; James H. Morgan, Sr., Emanuel County; Carol Muldawer, Fulton County; Eliot Wigginton, Rabun County.

The following named persons as members of the Georgia Council for the Arts and Humanities for terms beginning August 24, 1976, and ending August 24, 1978: James E. Barnett, Fulton County; Fred D. Bentley, Sr., Cobb County; Joseph F. Haas, Fulton County; E. T. Kehrer Cobb County; Dr. T. Marshall Jones, Dougherty County; Dr. Joseph Perrin, DeKalb County; Willie J. Woods, Fulton County; Lois C.
Wooten, Chatham County.

The following named persons as members of the Georgia Council for the Arts and Humanities for terms beginning August 24, 1976, and ending August 24, 1979: Caroline Armstrong, Chatham County; Joseph E. Cabell, Hall County; Katherine Mixson, Lowndes County; Charles M. Rafshoon, DeKalb County; Betty F. Sanders, Fulton County: Rosemary Stiefel, DeKalb County; Helen L. Strickland, Lanier County; .Shirley C. Franklin, Fulton County.

Honorable Selina Burch of Fulton County as a member of the State Board of Corrections, for the term of office beginning December 20, 1976, and ending November 27, 1981.

Honorable Brigadier General John W. Gillette of DeKalb County as Assistant Adjutant General for Army, for the term of office beginning July 19, 1976, and serving at the pleasure of the Governor.

Honorable Irving DeGaris of Carroll County as a member of the Georgia Board of Dentistry, for the term of office beginning January 27, 1977, and ending August 1, 1981.
Honorable Jack B. Ray of Warren County as a member of the Geor gia Development Authority, for the term of office beginning December 20, 1976, and ending July 1, 1984.
Honorable J. W. Fanning of Clarke County as a member of the Georgia Development Authority, for the term of office beginning De cember 20, 1976, and ending July 1, 1983.
The following named persons as members of the Economic Develop-

FRIDAY, FEBRUARY 18, 1977

1037

ment Council of Georgia for terms beginning September 16, 1976, and serving at the pleasure of the Governor: Winburn E. Stewart, Bibb County; Johnny Sheffield, Sumter County; W. Milton Folds, Fulton County; L. H. Atherton, Cobb County; R. L. Yobs, DeKalb County; Ernest E. Melvin, Clarke County; Gene Dyson, Fulton County; Garland G. Fritts, Fulton County; John W. Talley, Jr., Fulton County; Carroll C. Underwood, Mitchell County; Russell B. Caldwell, Fulton County; Duane Grice, Richmond County; Dr. Henry Thomassen, DeKalb County; Charles E. Crowder, Fulton County; Robert H. Evans, Stephens County.

Honorable Oscar N. Persons of Fulton County as a member of the State Election Board, for the term of office beginning May 28, 1976, and ending May 8, 1978.

Honorable Thomas M. Wilson of Cobb County as a member of the State Board of Registration for Professional Engineers and Land Sur veyors, for the term of office beginning January 13, 1977, and ending June 1, 1981.

Honorable R. Harold Taylor of Coweta County as a member of the Georgia Fire Academy Board, for the term of office beginning July 9, 1976, and ending July 9, 1978.

Honorable David R. Trippe of Fulton County as a member of the Georgia Fire Academy Board, for the term of office beginning July 9, 1976, and ending July 9, 1977.

Honorable Robert Simpson, III of Lanier County as a member of the State Forestry Commission, for the term of office beginning June 11, 1976, and ending January 1, 1983.

Honorable Jim L. Gillis, Jr. of Treutlen County as a member of the State Forestry Commission, for the term beginning February 14, 1977, and ending January 1, 1984.

Honorable Robert J. Eubanks of Spalding County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1977.
Honorable Seth L. Knight of Floyd County as a member of the Georgia Franchise Practices Commission, for the term of office begin ning May 4, 1976, and ending May 4, 1979.
Honorable Robert R. Meredith of Franklin County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1978.
Honorable L. Cohen Walker of Houston County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1977.
Honorable Robert M. Matre of Dougherty County as a member of the Georgia Franchise Practices Commission, for the term of office begin ning May 4, 1976, and ending May 4, 1978.

1038

JOURNAL OF THE SENATE,

Honorable Harry V. Ruth of DeKalb County as a member of the Georgia Franchise Practices Commission, for the term of office begin ning May 4, 1976, and ending May 4, 1977.

Honorable Durward M. Jones of Habersham County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1979.

Honorable Don Yancey of Cobb County (resigned December 31, 1976) as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1978.

Honorable Raymond W. Lucia of DeKalb County (resigned Au gust 16, 1976) as a member of the Georgia Franchise Practices Com mission, for the term of office beginning May 4, 1976, and ending May 4, 1979.

Honorable Selina Burch of Fulton County as a member of the Full Employment in Georgia Study Committee, for the term of office begin ning September 24, 1976, and ending January 10, 1977.

Honorable Jack E. Clark of Gwinnett County as a member of the Full Employment in Georgia Study Committee, for the term of office beginning September 24, 1976, and ending January 10, 1977.

Honorable James A. Hefner of Fulton County as a member of the Full Employment in Georgia Study Committee, for the term of office beginning September 24, 1976, and ending January 10, 1977.

Honorable Richard H. Horsey of Fulton County as a member of the Full Employment in Georgia Study Committee, for the term of office beginning September 24, 1976, and ending January 10, 1977.
Honorable Robert A. Ryan, Jr. of Dade County as a member of the Georgia State Board of Funeral Service, for the term of office beginning November 12, 1976, and ending February 13, 1982.
The following named persons as members of The Heritage Trust Commission for terms beginning April 13, 1976, and ending May 24, 1976: William L. Berry, Carroll County; Dr. Edward J. Cashin, Jr., Richmond County; Eunice L. Mixon, Tift County; Loraine P. Williams, Fulton County; Lena M. Sheats, DeKalb County.
Honorable Jennie Tate Anderson of Cobb County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1977.
Mrs. James J. W. Biggers, Jr. of Muscogee County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1978.
Honorable Linda Billingsley of DeKalb County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1977.

FRIDAY, FEBRUARY 18, 1977

1039

Honorable Barbara D. Blum of Fulton County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1978.

Honorable James C. Bonner of Baldwin County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1978.

Honorable Eugene E. Cline of Cherokee County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1977.

Honorable John H. Goddard, Jr. of Spalding County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1977.

Honorable W. W. Law of Chatham County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1978.

Honorable George A. Rogers of Bulloch County as a member of The Hertiage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1977.

Honorable Ann J. Singer of Stewart County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976. and ending May 24, 1978.

The following named persons as members of The Heritage Trust Commission for terms beginning May 24, 1976, and ending May 24, 1979: William L. Berry, Carroll County; Dr. Edward J. Cashin, Jr., Richmond
County; Eunice L. Mixon, Tift County; Loraine P. Williams, Fulton County; Lena M. Sheats, DeKalb County.

Honorable Toni Sawyer of Fulton County as a member of the Hospital Advisory Council, for the term of office beginning January 27, 1977. and ending July 1, 1979.

Honorable William H. Harper, Jr. of Burke County as a member of the Hospital Advisory Council, for the term of office beginning January 27, 1977, and ending July 1, 1977.

Honorable Claybon J. Edwards of Peach County as a member of the Board of Human Resources, for the term of office beginning May 19, 1976, and ending April 6, 1981.

Honorable L. Lamar Akins of Lamar County as a member of the Board of Human Resources, for the term of office beginning May 19, 1976, and ending April 6, 1977.
Honorable Benjamin S. Anderson, Jr. of Polk County as a member of the Board of Human Resources, for the term of office beginning May 19, 1976, and ending April 6, 1981.

1040

JOURNAL OP THE SENATE,

Honorable Larry B. Mathison of Ware County as a member of the Board of Human Resources, for the term of office beginning May 19, 1976, and ending April 6, 1981.

Honorable Wells Riley of Clayton County as a member of the Board of Human Resources, for the term of office beginning December 15, 1976, and ending April 6, 1977.

Honorable Robert A. Rowan of Berrien County as a member of the Board of Human Resources, for the term of office beginning December 8, 1976, and ending April 6, 1978.

Honorable Boisfeuillet Jones of Fulton County as a member of the Board of Human Resources, for the term of office beginning January 26, 1977, and ending April 6, 1979.

Honorable Ward Whelchel of Coffee County as Judge, State Court of Coffee County, for the term of office beginning April 8, 1976, and ending January 1, 1977.

Honorable Aniilee Graves of Habersham County as a member of the Judicial Qualifications Commission, for the term of office beginning February 1, 1977, and ending December 31, 1980.

Honorable Russell L. Phillips of Gwinnett County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning August 6, 1976, and ending May 15, 1980.

Honorable Charles R. Holloman of Columbia County as a member of the Georgia Marriage and Family Counselor Licensing Board, for the term of office beginning November 19, 1976, and ending December 31, 1977.

Honorable Edwin H. Jolley of Muscogee County as a member of the Georgia Marriage and Family Counselor Licensing Board for the term of office beginning November 19, 1976, and ending December 31, 1978.

Honorable Donald C. Murphy of Clarke County as a member of the Georgia Marriage and Family Counselor Licensing Board for the term of office beginning November 19, 1976, and ending December 31, 1977.

Honorable James E. Kilgore of Fulton County as a member of the Georgia Marriage and Family Counselor Licensing Board for the term of office beginning November 19, 1976, and ending December 31, 1978.
Honorable Carrell A. Dammann of DeKalb County as a member of the Georgia Marriage and Family Counselor Licensing Board for the term of office beginning November 19, 1976, and ending December 31, 1979.
Honorable Naomi T. Ward of Fulton County as a member of the Georgia Marriage and Family Counselor Licensing Board for the term of office beginning November 19, 1976, and ending December 31, 1979.

FRIDAY, FEBRUARY 18, 1977

1041

Honorable Frances S. Nagata of DeKalb County as a member of the Georgia Marriage and Family Counselor Licensing Board for the term of office beginning November 19, 1976, and ending December 31, 1979.

The following named persons as members of the Council on Maternal and Infant Health for terms beginning September 13, 1976, and ending July 18, 1980: Willie Adams, Jr., M.D., Dougherty County; W. Newton Long, M.D., Fulton County; Micki L. Souma, M.D., Muscogee County; Frank M. Houser, Jr., M.D., Whitfield County; Bobbie A. Riley, Fulton County; Robert L. Zwald, DeKalb County; Ola Mae Ford, Bibb County; Sabrina H. Atkins, Richmond County; Roberta M. Brown, Franklin County; Nance White, DeKalb County.
Honorable Joyce F. Dillon of Fulton County as a member of the Council on Maternal and Infant Health for the term of office beginning September 13, 1976, and ending July 1, 1978.
Honorable J. Watts Lipscomb of Clayton County as a member of the Composite State Board of Medical Examiners for the term of office beginning May 19, 1976, and ending September 1, 1979.
Honorable Albert M. Deal of Bulloch County as a member of the Composite State Board of Medical Examiners for the term of office beginning May 19, 1976, and ending September 1, 1979.
Honorable Robert E. Thompson of Stephens County as a member of the Composite State Board of Medical Examiners for the term of office beginning May 19, 1976, and ending September 1, 1979.
Honorable Hassie H. Trimble, Jr. of Colquitt County as a member of the Composite State Board of Medical Examiners for the term of office beginning May 19, 1976, and ending September 10, 1979.

Honorable Walter W. Eaves of Elbert County as a member of the Board of Natural Resources for the term of office beginning March 25, 1976, and ending January 1, 1983.

Honorable A. Leo Lanman, Jr. of Fulton County as a member of the Board of Natural Resources for the term of office beginning March 25, 1976, and ending March 16, 1983.

Honorable Verdelle B. Bellamy of DeKalb County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1977.

Honorable Rosella Deriso of Sumter County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1978.

Sister Mary Antonette Martinko of Clarke County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1978.

1042

JOURNAL OF THE SENATE,

Honorable Loretta Roberts of Gwinnett County as a member of the Board of Nursing for the term of office beginning April 6', 1976, and ending September 23, 1976.

Honorable Dorothy T. White of Richmond County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1976.

Honorable Patricia N. Connell of Bade County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1977.

Honorable Charlotte Sachs of Cobb County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1977.

Honorable Norman Cavender of Evans County as a member of the Board of Offender Rehabilitation for the term of office beginning July 1, 1976, and ending April 6, 1977.

Honorable Jimmy C. Murphy of Emanuel County as a member of the Board of Offender Rehabilitation for the term of office beginning May 4, 1976, and ending April 6, 1980.

Honorable A. Burton Lee of Bibb County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending November 27, 1977.

Honorable Joseph C. Underwood of Montgomery County as a member of the Board of Offender Rehabilitation for the term of office beginningJanuary 25, 1977, and ending November 27, 1978.

Honorable John Cox of Fulton County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending November 27, 1979.

Honorable Jack T. Rutledge of Muscogee County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending November 27, 1980.

Honorable Selina Burch of Fulton County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending November 27, 1981.

Honorable Norman Cavender of Evans County as a member of the Board of Offender Rehabilitation for the term of office beginning Jan uary 25, 1977, and ending January 25, 1978.

Honorable Charles E. Hill of Union County as a member of the Board of Offender Rehabilitation for the term of office beginning Jan uary 25, 1977, and ending January 25, 1979.

FRIDAY, FEBRUARY 18, 1977

1043

Honorable Jimmy C. Murphy of Emanuel County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending January 25, 1980.

Honorable E. C. (Gene) Tillman of Glynn County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending January 25, 1981.

Honorable Franklin T. Coleman, Jr. of Dougherty County as a mem ber of the State Board of Dispensing Opticians for the term of office beginning January 26, 1977, and ending March 16, 1980.

Honorable B. E. Popham of Polk County as a member of the Georgia State Board of Examiners in Optometry for the term of office beginning November 24, 1976, and ending September 6, 1979.

Honorable William H. Shuman of Clarke County as a member of the Georgia State Board of Examiners in Optometry for the term of office beginning November 24, 1976, and ending September 6, 1979.

Honorable Charles E. Storm of DeKalb County as State Commis sioner of Personnel Administration for the term of office beginning January 17, 1977, and serving at the pleasure of the Governor.

Honorable Susan A. Cahoon of Fulton County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1978.

Honorable Frank 0. Downing of Chatham County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1979.

Honorable Isabel Gates Webster of Fulton County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1980.

Honorable 0. L. Kelehear of Whitfield County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1981.

Honorable Leonard Morris of Tift County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1982.

Honorable Martin T. Gizzard of Upson County as a member of the State Board of Pharmacy for the term of office beginning February 3, 1977, and ending November 1, 1981.

Honorable Joe H. McDuffie of Fulton County as a member of the Board of Polygraph Examiners for the term of office beginning Sep tember 21, 1976, and ending July 15, 1981.

1044

JOURNAL OF THE SENATE,

Honorable Don Grantham of Richmond County as a member of the Georgia Ports Authority for the term of office beginning July 9, 1976, and ending June 30, 1980.

Honorable Jack P. Turner, Jr. of Whitfield County as a member of the Georgia Ports Authority for the term of office beginning November 19, 1976, and ending June 30, 1978.

Honorable Duane Grice of Richmond County as a member of the Georgia Productivity Center for the term of office beginning September 13. 1976, and serving at the pleasure of the Governor.

Honorable LeAnna C. Walton of Dougherty County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.

Honorable Learline Loudermilk of Habersham County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending October 14, 1978.

Honorable David Rodiguez of Muscogee County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.
a
Honorable Ted W. Key of Clayton County as a member of the Pro fessional Standards Commission for the term of office beginning Oc tober 14, 1976, and ending June 30, 1979.

Mrs. Gary D. Holt of Fulton County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976,. and ending June 30, 1979.

Honorable Betty Houston of Early County as a member of the Pro fessional Standards Commission for the term of office beginning October 14. 1976, and ending October 14, 1977.

Honorable Gwendolyn Cleghorn of Fulton County as a member of Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.

Honorable Margaret Thrasher of Spalding County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.

Honorable James W. McAllister of Troup County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.

Honorable Shelly McGill of Ben Hill County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.

FRIDAY, FEBRUARY 18, 1977

1045

Honorable Marvin Fralish of DeKalb County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.

Honorable Gwendolyn Mundy of Hall County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending October 14, 1977.

Honorable Milton S. McDonald of Floyd County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.

Honorable C. H. Morse of Peach County as a member of the Profes sional Standards Commission for the term of office beginning October 14, 1976, and ending October 14, 1977.

Honorable James Donald Hawk of Bulloch County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending October 14, 1977.

Honorable Joseph A. Williams of Clarke County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.

Honorable Ann Woodward of Fulton County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending October 14, 1978.

Honorable Richard Owens of Irwin County as a member of the Pro fessional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979.

Honorable Major Childress of Fulton County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending October 14, 1978.

Honorable Franklin Thornton of Walton County as a member of the Board of Public Safety for the term of office beginning January 11, 1976, and ending January 20, 1978.

Honorable Raymond A. Miles of Decatur County as a member of the Georgia Real Estate Commission for the term of office beginning September 8, 1976, and ending January 26, 1981.

Honorable James C. Carthon of Chatham County as a member of the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977.

Honorable Joseph R. Hudson of Fulton County as a member of the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977.

1046

JOURNAL OF THE SENATE,

Honorable Leonard L. Leavell of Muscogee County as a member of the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977.

Honorable William R. Parker, Jr. of Glynn County as a member of the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977.

Honorable Rhonda Shapiro of Richmond County as a member of the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977.

Honorable H. Crawford Hewell of Fayette County as a member of the Soil and Water Conservation Committee for the term of office begin ning May 24, 1976, and ending January 1, 1977.

Honorable T. V. Williams, Jr. of Coffee County as Solicitor, State Court of Coffee County for the term of office beginning April 8, 1976, and ending January 1, 1977.

Honorable John Kent Edwards of Lowndes County as Solicitor, State Court of Lowndes County for the term of office beginning May 27, 1976, and ending January 1, 1977.

Honorable Jane B. Seaton of Clarke County as a member of the Board of Examiners in Speech Pathology and Audiology for the term of office beginning May 4, 1976, and ending June 24, 1977.

The following named persons as members of the Troubled Children Study Committee for terms beginning August 16, 1976, and ending De cember 31, 1976: June B. Barnes, Fulton County; Victor A. Gregory, Cobb County; Cheatham E. Hodges, Jr., Richmond County; Josephine F. Wilkes, Glynn County.

Honorable 0. Torbitt Ivey, Jr. of Richmond County as a member of the Board of Regents for the term of office beginning January 6, 1977, and ending January 1, 1984.

Honorable Scott Candler, Jr. of DeKalb County as a member of the Board of Regents for the term of office beginning January 6, 1977, and ending January 1, 1984.

Honorable William A. Baxter of Richmond County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning November 19, 1976, and ending January 1, 1977.

Honorable William A. Baxter of Richmond County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning January 10, 1977, and ending January 1,1981.

FRIDAY, FEBRUARY 18, 1977

1047

Honorable Hugh H. Howell, Jr. of Fulton County as a member of the State Board of Veterans Service for the term of office beginning September 30, 1976, and ending April 1, 1983.

Honorable James C. Meredith of DeKalb County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1979.

Honorable Calvin F. Simmons of Cobb County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1978.
Honorable James C. Fincher of Floyd County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1976.

Honorable J. Harry Simmons of Spalding County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1977.

Honorable William J. Greene, Jr. of Fulton County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1979.

The following named persons as members of the Water Well Stan dards Advisory Council for terms of office beginning October 29, 1976, and serving as provided by law: Walter McCannon, Oglethorpe County; William Peoples, Sumter County; H. Dale Smith, Bryan County.

The following named persons as members of the Commission on the Status of Women for terms of office beginning June 18, 1976, and serving at the pleasure of the Governor: Mary Agraz, Cobb County; Barbara Ames, DeKalb County; Barbara Barnett, Forsyth County; Portia Scott Brookins, Fulton County; Susan Bruce, Clarke County; Delores Crockett, Fulton County; Anita L. Davis, Fulton County; Suzanne Donner, DeKalb County; Marianne Dowling, Fulton County; Doris Flythe, Effingham County; Heather Lawson, DeKalb County; Johnnie Moulton, Lanier County; June Sammons, DeKalb County; Jean Thomas, Fulton County; Pat Weerts, DeKalb County.

Honorable Jasper N. Dorsey of Fulton County as a member of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning May 24, 1976, and ending March 16, 1982.

Honorable Gene Dyson of Fulton County as a member of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning May 24, 1976, and ending March 16, 1982.

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JOURNAL OF THE SENATE,

Honorable Herman J. Russell of Fulton County as a member of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning August 5, 1976, and ending July 9, 1982.

Honorable William E. Lovett, Jr. of Laurens County as a member of the Economic Development Council of Georgia for the term of office beginning February 14, 1977, and serving at the pleasure of the Governor.

Honorable David D. Clark of DeKalb County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1977.

Honorable Beverly U. Currie of Fulton County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1978.

Honorable Susan T. March of DeKalb County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1979.

Honorable Nancy Moulin of Richmond County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1978.

Honorable Betty B. Neves of Richmond County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1977.

In addition to the appointments listed above, a vacancy occurred in the position of State Auditor at a time when the General Assembly was not in session, and I, as Governor, appointed Honorable William M. Nixon of DeKalb County pursuant to the provisions of Georgia Code Section 40-1801, for the term of office beginning June 1, 1976, and ending as provided by law.
Sincerely,
/&/ George Busbee

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

HR 262. By Representative Murphy of the 18th:
A resolution relative to adjournment at 1:00 o'clock P.M. February 18, 1977 until 10:00 o'clock A.M. February 21, 1977.

On the adoption of the resolution, the yeas were 30, nays 0, and the resolution was adopted.

FRIDAY, FEBRUARY 18, 1977

1049

Senator Johnson of the 34th, Chairman of the Committee on Enrolling and Journals, submitted the following report:

Mr. President:

Your Committee on Enrolling and Journals has read and examined the fol lowing 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 11. SB 17. SB 89. SB 90. SB 106. SB 164. SB 169. SB 172. SB 196. SB 225. SB 226. SB 227.
Respectfully submitted,

Is/ Edward H. Johnson, Chairman Senator, District 34

At 1:00 o'clock P.M., the President announced the Senate adjourned pursuant to HR 262 until 10:00 o'clock A.M. Monday, February 21.

1050

JOURNAL OF THE SENATE,

Senate Chambler, Atlanta, Georgia Monday, February 21,1977

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

Senator Johnson of the 34th reported that the Journal of Friday'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 follow ing bills of the House and Senate:
HB 339. By Representative Knight of the 67th: A bill to amend Chapter 92-69 of the Georgia Code of 1933, relating to the creation, appointment, qualifications, organization, meetings, staff, and duties of county tax assessors, as amended, so as to pro vide for minimum age qualifications for county tax assessors.
HB 498. By Representatives Lambert of the 112th and Carlisle of the 71st: A bill to amend Code Section 24-2901 providing for the qualifications of sheriffs so as to provide for higher qualifications for sheriffs; to declare the intent of this Act; to provide the method and procedure for determination of the qualifications for one who offers to be elected to the office of sheriff.

HB 503. By Representative Walker of the 115th:
A bill to amend Code Chapter 91-1A of the Code of Georgia known as the "State Properties Control" as amended, so as to reduce the number of members of the State Properties Commission from 11 to 10, to remove the Attorney General as a member of said State Properties Commission; to reduce the number of affirmative votes required for approval of the acquisitions of real property from seven to six; to provide for an effective date.

HB 586. By Representatives Felton of the 22nd, Phillips of the 120th, Knight of the 67th and others:
A bill to encourage newly-elected and newly-appointed members of local boards of education to attend workshops for orientation on the

MONDAY, FEBRUARY 21, 1977

1051

educational program objectives of Georgia and study and instruction on the subjects of school finance, school laws, responsiveness to the community, and the ethics, duties and responsibilities of local boards of education members.

SB 23. By Senators Duncan of the 30th, Carter of the 14th, Hill of the 29th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for additional postretirement benefit ad justments to the extent that funds are appropriated therefor.

SB 135. By Senator Broun of the 46th:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to change the composition of the headquarters' staff of the Uniform Division of the Department of Public Safety; to provide for a logistics officer.

HB 43. By Representatives Glover of the 32nd and Egan of the 25th:
A bill to create a board of tax assessors in all counties of this State having therein the greater part of a municipality with a population of more than 300,000 according to the U.S. decennial census of 1970 or any future such census.

HB 777. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act creating a Board of Commissioners for Bacon County, Georgia, as amended, so as to change the compensation of the chairman of the board of commissioners.

HB 778. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commis sioner of Bacon County, so as to change the compensation provisions relating to the tax commissioner.

HB 779. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to compensation of the sheriff, deputy sheriffs, jailer and secretary of the sheriff.

HB 780. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act to abolish the present mode of compensating the Judge of the Probate Court of Bacon County, known as the fee system, so as to change the provisions relating to, and the compensa tion of, the judge of the probate court.

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JOURNAL OF THE SENATE,

HB 781. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as the fee system, so as to authorize a change in the compensation of the clerk and the procedure by which such compensation is determined.

HB 853. By Representative Clifton of the 107th:
A bill to create and establish a Small Claims Court in and for Candler County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 854. By Representative Clifton of the 107th:
A bill to amend an Act creating a new charter for the City of Metter, as amended, so as to change the time for holding municipal elections; to change the terms of office of the Mayor and Councilmen.

HB 855. By Representative Hudson of the 137th:
A bill to amend an Act entitled "An Act to amend an Act to in corporate the City of Fitzgerald and establishing a new charter therefor, and the several Acts amendatory thereof, and for other purposes.", as amended, so as to change the provision relative to the maximum rate of taxation for the operation of the public schools.

HB 859. By Representative Hatcher of the 131st:
A bill to repeal an Act to provide for the compensation of the board of education in counties having a population of not less than 4,540 and not more than 4,550 according to the U.S. Decennial Census of 1960 or any future such census.

HB 861. By Representatives Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, as amended, so as to change the compensation of said Clerk.

HB 862. By Representatives Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County and providing in lieu thereof an annual salary, as amended, so as to change the compensation of the sheriff.

HB 863. By Representative Reaves of the 147th:
A bill to amend an Act creating a Board of County Commissioners for Brooks County, as amended, so as to change the provisions relative to the election of the members of said Board.

MONDAY, FEBRUARY 21, 1977

1053

HB 864. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and others:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, as amended, so as to authorize the governing authority of Dougherty County to provide for a supplement to the salary of the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Dougherty County.

HB 877. By Representatives Mostiler and Carlisle of the 71st:
A bill to repeal an Act 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 according to the U.S. Decennial Census of 1970 or any future such census.

HB 888. By Representative Kemp of the 139th:
A bill to amend an Act providing a new charter for the City of Hinesville, as amended, so as to change the name of the mayor's court; to provide that the mayor pro tern may serve as the recorder.

HB 889. By Representative Kemp of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, so as to provide for the employment of a lieutenant and criminal investigator in the sheriff's office; to provide for longevity increases for certain personnel of the sheriff's office.

HB 890. By Representative Kemp of the 139th:
A bill to amend an Act creating a Small Claims Court for Liberty County, so as to change the jurisdiction of said court; to change certain costs.

HB 839. By Representatives Dent of the 85th and Connell of the 87th:
A bill to amend the charter of the City of Augusta, as amended, so as to provide that the Mayor may not succeed himself after completing a third consecutive term in office.

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

HR 229. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000.00 from all Upson County ad valorem taxes, including ad valorem taxes for the Upson County

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JOURNAL OF THE SENATE,

school district, for residents of Upson County who are disabled and who have a net income not exceeding $10,000.00 for the immediately pre ceding taxable year.

HR 137. By Representatives Lambert of the 112th, Knight of the 67th, Ross of the 76th and others:
A resolution proposing an amendment to the Constitution so as to change the requirements for consolidation and merger of county districts, independent school systems, or any portions or combination thereof so as to require approval by a majority of the voters voting in each district or system affected; to provide for the submission of this amendment for ratification or rejection.

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

SB 45. By Senators Kidd of the 25th, Russell of the 10th, McGill of the 24th and others:
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 provide that the State Personnel Board shall not adopt a Statewide Classification Plan prior to April 1, 1978.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games.
The House has agreed to the Senate amendments to the following bill of the House:
HB 659. By Representative Castleberry of the lllth:
A bill to provide a new Charter for the City of Preston in the County of Webster; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.
The House has adopted the following resolution of the House:
HR 265. By Representative Lambert of the 112th:
A resolution commending Mr. Dodson Carter.

MONDAY, FEBRUARY 21, 1977

1055

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

SB 323. By Senators Riley of the 1st, Wessels of the 2nd and Traylor of the 3rd:
A bill to amend and revise an Act implementing the provisions of an Amendment to the Constitution, ratified November 4, 1952, creating the Savannah Port Authority, as amended, so as to provide an alternative procedure whereby the Savannah Port Authority can stimulate in dustrial expansion and development. Referred to Committee on Transportation.

SB 324. By Senators Traylor of the 3rd, Gillis of the 20th, Walker of the 19th and others:
A bill to amend Code Chapter 112-1, relating to weights and measures in general, as amended, so as to provide for standard cord-equivalent weights for pulpwood sold by weight; to prohibit certain activities; to provide penalties. Referred to Committee on Natural Resources and Environmental Quality.

SB 325. By Senators Broun of the 46th and Banks of the 17th:
A bill to amend Chapter 27-2 of the Code of Georgia, as amended, relating to arrests, so as to provide for procedures subsequent to an arrest by a private person; to provide for other matters relative to the foregoing. Referred to Committee on Judiciary.

SB 326. By Senator Barnes of the 33rd:
A bill to amend Section 9-401.2 of the Code of Georgia, as amended, known as the Law School Public Prosecutor Act of 1970, so as to provide that the term "district attorney" shall also mean a Solicitor or an As sistant Solicitor of a State Court. Referred to Committee on Judiciary.

SB 327. By Senator Riley of the 1st:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", as amended, so as to redefine the term "Motor vehicle"; to provide an effective date. Referred to Committee on Transportation.

SB 328. By Senator Barnes of the 33rd:
A bill to amend an Act incorporating the City of Powder Springs, as amended, so as to change the punishments which may be imposed by the mayor's court. Referred to Committee on County and Urban Affairs.

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JOURNAL OP THE SENATE,

SB 329. By Senators Hudson of the 35th, Stephens of the 36th, Summers of the 53rd and others:
A bill to provide reduced user charges on certain days and certain months for campers 65 years of age or older for charges to use campsites located on State park-operated areas. Referred to Committee on Natural Resources and Environmental Quality.

SB 330. By Senators Howard of the 42nd:
A bill to amend Code Section 26-9910, relating to the prohibition against smoking in public places, so as to prohibit smoking in certain places in hospitals and health care facilities. Referred to Committee on Human Resources.

SB 331. By Senators Doss of the 52nd, Foster of the 50th, Duncan of the 30th and others:
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, codified as Code Section 92-6912, as amended, so as to provide for temporary collection and enforcement of taxes based upon tax digests appealed or otherwisfe rendered uncollectible and unenforce able by law.
Referred to Committee on Banking, Finance and Insurance.

SB 332. By Senator Barnes of the 33rd:
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; to change the provisions relative to qualifications for the office of mayor or councilmen. Referred to Committee on County and Urban Affairs.

SR 110. By Senators Duncan of the 30th, Lester of the 23rd, Brown of the 47th and others:
A resolution creating the Mental Health and Mental Retardation Services Study Committee. Referred to Committee on Human Resources.

SR 111. By Senators Riley of the 1st, Wessels of the 2nd and Traylor of the 3rd:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Savannah Electric and Power Company, a Georgia public service corporation, an easement for the construction, operation and maintenance of a barge unloading facility, an intake structure and a discharge structure. Referred to Committee on Public Utilities.

MONDAY, FEBRUARY 21, 1977

1057

SR 112. By Senator Kidd of the 25th:
A resolution creating the Optometry Study Committee of the Georgia Senate. Referred to Committee on Human Resources.

SR 113. By Senators Doss of the 52nd, Carter of the 14th and Broun of the 46th:
A resolution creating the Senate Vocational-Technical Education Study Committee. Referred to Committee on Education.

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

HB 43. By Representatives Glover of the 32nd and Egan of the 25th:
A bill to create a board of tax assessors in all counties of this State having therein the greater part of a municipality with a population of more than 300,000 according to the U.S. decennial census of 1970 or any future such census. Referred to Committee on County and Urban Affairs.

HB 777. By Representatives Wheeler and Poster of the 152nd:
A bill to amend an Act creating a Board of Commissioners for Bacon County, Georgia, as amended, so as to change the compensation of the chairman of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 778. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, so as to change the compensation provisions relating to the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 779. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to compensation of the sheriff, deputy sheriffs, jailer and secretary of the sheriff. Referred to Committee on County and Urban Affairs.

HB 780. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act to abolish the present mode of compensating the Judge of the Probate Court of Bacon County, known as the fee

1058

JOURNAL OP THE SENATE,

system, so as to change the provisions relating to, and the compensa tion of, the judge of the probate court.
Referred to Committee on County and Urban Affairs.

HB 781. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as the fee system, so as to authorize a change in the compensation of the clerk and the procedure by which such compensation is determined. Referred to Committee on County and Urban Affairs.

HB 839. By Representatives Dent of the 85th and Connell of the 87th:
A bill to amend the charter of the City of Augusta, as amended, so as to provide that the Mayor may not succeed himself after completing a third consecutive term in office. Referred to Committee on County and Urban Affairs.

HB 853. By Representative Clifton of the 107th:
A bill to create and establish a Small Claims Court in and for Candler 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 854. By Representative Clifton of the 107th:
A bill to amend an Act creating a new charter for the City of Metter, as amended, so as to change the time for holding municipal elections; to change the terms of office of the Mayor and Councilmen. Referred to Committee on County and Urban Affairs.

HB 855. By Representative Hudson of the 137th:
A bill to amend an Act entitled "An Act to amend an Act to incorporate the City of Fitzgerald and establishing a new charter therefor, and the several Acts amendatory thereof, and for other purposes.", as amended, so as to change the provision relative to the maximum rate of taxation for the operation of the public schools. Referred to Committee on County and Urban Affairs.

HB 859. By Representative Hatcher of the 131st:
A bill to repeal an Act to provide for the compensation of the board of education in counties having a population of not less than 4,540 and not more than 4,550 according to the U.S. Decennial Census of 1960 or any future such census. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 21, 1977

1059

HB 861. By Representatives Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, as amended, so as to change the com pensation of said Clerk. Referred to Committee on County and Urban Affairs.

HB 862. By Representatives Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County and providing in lieu thereof an annual salary, as amended, so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 863. By Representative Reaves of the 147th:
A bill to amend an Act creating a Board of County Commissioners for Brooks County, as amended, so as to change the provisions relative to the election of the members of said Board. Referred to Committee on County and Urban Affairs.

HB 864. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and others:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, as amended, so as to authorize the governing authority of Dougherty County to provide for a supplement to the salary of the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Dougherty County. Referred to Committee on County and Urban Affairs.

HB 877. By Representatives Mostiler and Carlisle of the 71st:
A bill to repeal an Act 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 according to the U.S. Decennial Census of 1970 or any future such census. Referred to Committee on County and Urban Affairs.
HB 888. By Representative Kemp of the 139th:
A bill to amend an Act providing a new charter for the City of Hinesville, as amended, so as to change the name of the mayor's court; to provide that the mayor pro tern may serve as the recorder. Referred to Committee on County and Urban Affairs.
HB 889. By Representative Kemp of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, so as to provide

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for the employment of a lieutenant and criminal investigator in the sheriff's office; to provide for longevity increases for certain personnel of the sheriff's office.
Referred to Committee on County and Urban Affairs.

HB 890. By Representative Kemp of the 139th:
A bill to amend an Act creating a Small Claims Court for Liberty County, so as to change the jurisdiction of said court; to change certain costs. Referred to Committee on County and Urban Affairs.

HB 339. By Representative Knight of the 67th:
A bill to amend Chapter 92-69 of the Ga. Code of 1933, relating to the creation, appointment, qualifications, organization, meetings, staff, and duties of county tax assessors, as amended, so as to provide for minimum age qualifications for county tax assessors. Referred to Committee on Banking, Finance and Insurance.

HB 498. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Section 24-2901 providing for the qualifications of sheriffs so as to provide for higher qualifications for sheriffs; to declare the intent of this Act; to provide the method and procedure for determination of the qualifications for one who offers to be elected to the office of sheriff.
Referred to Committee on Judiciary.

HB 503. By Representative Walker of the 115th:
A bill to amend Code Chapter 91-1A of the Code of Georgia known as the "State Properties Control", approved February 21, 1964, as amended, especially as amended by an Act approved April 24, 1975, so as to reduce the number of members of the State Properties Commission from 11 to 10, to remove the Attorney General as a member of said State Properties Commission; to reduce the number of affirmative votes required for approval of the acquisitions of real property from seven to six; to provide for an effective date.
Referred to Committee on Public Utilities.

HB 586. By Representatives Felton of the 22nd, Phillips of the 120th, Knight of the 67th and others:
A bill to encourage newly-elected and newly-appointed members of local boards of education to attend workshops for orientation on the educational program objectives of Georgia and study and instruction on the subjects of school finance, school laws, responsiveness to the community, and the ethics, duties and responsibilities of local boards of education members.
Referred to Committee on Education.

MONDAY, FEBRUARY 21, 1977

1061

HR 137. By Representatives Lambert of the 112th, Knight of the 67th, Ross of the 76th and others:
A resolution proposing an amendment to the Constitution so as to change the requirements for consolidation and merger of county dis tricts, independent school systems, or any portions or combination there of so as to require approval by a majority of the voters voting in each district or system affected; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.

HR 229. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000.00 from all Upson County ad valorem taxes, including ad valorem taxes for the Upson County school district, for residents of Upson County who are disabled and who have a net income not exceeding $10,000.00 for the immediately preceding taxable year.
Referred to Committee on County and Urban Affairs.

The following report of a standing committee was read by the Secretary:
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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tion:
HB 311. Do pass as amended.
Respectfully submitted,
Senator Gillis of 20th District, Chairman.

The following bills and resolutions of the Senate and House were read the second time:
SB 194. By Senator Ballard of the 45th: A bill to provide for the licensing and regulation of persons engaged in the practice of plumbing installation inspections; to provide the procedures connected therewith.
SB 203. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others: A bill to establish a Trust Fund to be known as the Public Employees'

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Unemployment Compensation Fund; to provide a short title; to provide for a Custodian; to provide that such fund shall not lapse any moneys; to provide for the investment of funds.

SB 236. By Senators Riley of the 1st, Duncan of the 30th, Dean of the 31st and others:
A bill to amend an Act, as amended, known as the "George L. Smith II Georgia World Congress Center Act", relating to the creation, powers duties of the George L. Smith II Georgia World Congress Center Au thority, so as to provide additional and redefine existing powers of the George L. Smith II Georgia World Congress Center Authority relative to the operation and management of the George L. Smith II Georgia World Congress Center.

SB 243. 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 provide for the licensing of open-to-the-public airports by the Department of Transportation; to define certain terms; to provide for the procedures for licensing of airports.

SB 244. 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 require that applications for federal airport development funds be approved by the Department of Transportation prior to submission to the federal government.

SB 284. By Senators Wessels of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the municipal corporations of this State having a population of not less than 1,600 and not more than 2,700, which are located in counties having populations of not less than 170,000 and not more than 190,000 shall be authorized to sell and serve malt beverages, wine and alcoholic beverages on Sunday in such cities under certain conditions.

SB 310. By Senators Greene of the 26th, Pearce of the 16th, Barnes of the 33rd and others:
A bill to amend Code Section 26-1601, relating to burglary, so as to redefine the crime of burglary; to provide that it shall be unlawful to enter or remain in a railroad car with the intent to commit a felony or theft.

SR 84. By Senators Stumbaugh of the 55th and Barker of the 18th:
A resolution urging the Senate Consumer Affairs Committee to study the advisability of State-operated motor vehicle inspection stations.

MONDAY, FEBRUARY 21, 1977

1063

SR 91. By Senators Tysinger of the 41st, Ballard of the 45th, Scott of the 43rd and others:
A resolution urging the Congress of the United States to reconsider its actions increasing the unemployment tax, under the F.U.T.A. (Federal Unemployment Tax Act), being placed on Georgia employers.

HB 37. By Representative Smith of the 42nd:
A bill to amend Code Title 68B, relating to motor vehicle driver's licenses, so as to provide exemptions to persons temporarily operating farm implements on highways of this State for farm purposes from having a license; to provide for the reexamination of holders of veterans' or honorary licenses.

HB 95. By Representatives Waddle of the 113th, Watson of the 114th and Crosby of the 150th:
A bill to amend an Act making unlawful certain acts in connection with motor vehicle odometer readings, so as to make it unlawful for any person knowingly to bring into this State a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to adjustments to the odometer.

HB 173. By Representatives Snow of the 1st, Walker of the 115th, Tucker of the 73rd and others:
A bill to amend an Act providing for personal jurisdiction over any nonresident, or his executor, as to a cause of action arising from the transaction of business within this State, or the commission of a tortious act within this State, or owning, using or possessing real property situated within this State.

HB 259. By Representatives Tucker of the 73rd, Carnes of the 43rd, Wood of the 9th and others:
A bill to encourage the employment of handicapped persons by protecting employers for excess liability for compensation for certain injuries; to add a new Code Title 114A to relate to the workers' compensation law; to amend the said Code Title 114A, relative to workers' compensa tion law, so as to create a Subsequent Injury Trust Fund.

HB 362. By Representatives Lambert of the 112th, Carlisle of the 71st, Nichols of the 27th and others:
A bill to amend an Act establishing the qualifications for agents of the Bureau of Investigation so as to authorize that any sworn member of the Georgia Bureau of Investigation shall be entitled to retain as part of his compensation his service revolver and badge with the word "retired" affixed thereon, pursuant to regulations promulgated by the Director of the Georgia Bureau of Investigation.

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HB 457. By Representatives McDonald of the 12th, Castleberry of the lllth, and Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 68B-307 relating to the authority of the Department of Public Safety to suspend or revoke licenses and establish ing a point system, so as to change the number of points assessed for certain traffic offenses.

HB 464. By Representatives Johnson, Benefield, Wood and Lee of the 72nd and others:
A bill to amend an Act providing for a tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967, as amended, so as to exempt from taxes on the transfer of real property deeds issued in lieu of foreclosure and deeds issued by court order.

HB 597. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the registration of exempt peace officers; to provide for the continuation of such exemp tion.

HB 359. By Representatives Pilewicz of the 41st, Games of the 43rd, Irvin of the 23rd and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" approved January 11, 1954, as amended, so as to change the provisions relative to when lighted lamps are required.

SB 302. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary, as amended, so as to change the provisions relating to deputy sheriffs, radio operators, jailers and secretaries, and their compensation.

SB 305. By Senator Traylor of the 3rd:
A bill to create and establish a Small Claims Court in and for Bryan 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.

SB 306. 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.

MONDAY, FEBRUARY 21, 1977

1065

SB 307. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to amend an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to delegate certain authority for amending the Act to the governing authority of Cobb County.

SB 316. By Senator Traylor of the 3rd:
A bill to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint de positories for county funds; to provide for the clerk of the board of commissioners to exercise certain duties; to provide that the clerk cannot hold other elective or appointive public office.

HB 127. By Representatives Home of the 104th, Birdsong of the 103rd, Randall of the 101st and others:
A bill to provide for the recall of members of the Board of Commission ers of Bibb County, Georgia; to provide for procedures for recall; to provide for elections; to provide limitations of periods of time during which elections may be held.

HB 553. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act abolishing the fee system as the mode of com pensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960, as amended.

HB 749. By Representative Lord of the 105th:
A bill to amend an Act abolishing the mode of compensating the Judge of the Probate Court of Washington County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation of said Judge and the method of fixing said compensation.

HB 765. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to provide for hospitalization insurance for certain county elected officials; to provide for the cost of such insurance.

HB 766. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, as amended, so as to increase the salary of the clerk of the superior court.

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JOURNAL OP THE SENATE,

HB 768. By Representative Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to change the compensation and travel expense allowance of the commissioner; to provide an effective date.

HB 789. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to provide for the fiscal administration of the office of the Sheriff of Catoosa County; to provide for an annual budget; to provide for an annual salary for the sheriff; to provide for a fiscal year.

HB 796. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the State Court of Muscogee County, as amended, so as to change the compensation of the Judge of the State Court, the solicitor of the State Court and the second Assistant Solicitor of the State Court; to provide an effective date.

HB 797. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
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, as amended, so as to change the compensation of the judge, clerk and marshal of said court.

HB 798. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the salary of the Judge of the Probate Court of Muscogee County, as amended, so as to change the salary of the judge of the probate court.

HB 799. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, as amended, so as to change the compensa tion of the tax commissioner.

HB 800. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, as amended, so as to change the salary of the clerk of the superior court; to provide an effective date.

MONDAY, FEBRUARY 21, 1977

1067

HB 801. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the salary of the Sheriff of Muscogee County, as amended, so as to change the salary of the sheriff; to provide an effective date.

HB 810. By Representative Hudson of the 137th:
A bill to create and establish a Small Claims Court in and for Ben Hill County; to prescribe the jurisdiction of said court; to prescribe the pleadings and practices in said court; to provide for the appointment, duties, powers, qualifications and substitutions of the Judge of said court.

HB 815. By Representatives Foster and Wheeler of the 152nd, Stone and Greene of the 138th:
A bill to amend an Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, as amended, so as to change the compensation of the Judge and Solicitor of the State Court of Pierce County.

HB 818. By Representative Lord of the 105th:
A bill to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the sheriff.

HB 828. By Representative Edwards of the 110th:
A bill to provide a new Charter for the City of Buena Vista in the County of Marion; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.

HB 829. By Representative Edwards of the 110th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, as amended, so as to provide that the County Commissioners of Marion County, Ga., shall be able to pay up to the amount charged for legal advertisements on publication of an itemized statement.

HB 830. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County, so as to change the compensation of the tax commissioner; to change the compensation of the secretary of the tax commissioner.

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HR 182. By Representatives Johnson and Glanton of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Bowden in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Bowden ad valorem taxes; to provide for the submission of this amendment for ratification or re jection.

The following local, uncontested bills and resolution of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

SB 292. By Senator Kidd of the 25th:
A bill to create a court to be known as the "Magistrate's Court of Baldwin County"; to define its jurisdiction and powers; to provide for the appointment, duties and compensation of the presiding officer, who shall be designated Magistrate.

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

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

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

SB 293. By Senator Kidd of the 25th:
A bill to create a court to be known as the "Magistrate's Court" for each county of this State having a population of not less than 8,340 and not more than 8,700 according to the United States Decennial Census of 1970 or any future such census; to define its jurisdiction and powers.

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

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

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

SB 294. 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 city council to override the mayor's veto.

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

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1069

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

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

HB 336. By Representatives Knight of the 67th and Mostiler of the 71st:
A bill to amend an Act to abolish the office of Treasurer of Coweta County, so as to vest in the Clerk of the Board of Commissioners of Coweta County all of the duties, powers and functions formerly at tached to the office of County Treasurer.

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

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

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

HB 337. By Representatives Knight of the 67th and Mostiler of the 71st:
A bill to amend an Act entitled "Coweta County-Pensions and Retire ment Pay", as amended, so as to change the definition of county em ployees to include employees of Constitutional officers of Coweta 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 53, nays 0.

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

HB 438. By Representatives Knight of the 67th and Ware of the 68th:
A bill to amend an Act changing the compensation of the sheriff, the judge of the probate court, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the compensation of the sheriff of Coweta 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 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HB 440. By Representatives Wall of the 61st and Phillips of the 59th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, so as to provide in said Act definitions of the following terms used in said Act: County, County funds, County finances, County records, County financial records, County departments, County offices, County agencies, County property.

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

On the passage of the bill, the yeas were 63, nays 0.

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

HB 676. By Representatives Harris of the 60th and Phillips of the 59th:
A bill to amend an Act establishing the State Court of Gwinnett County, as amended, so as to change the compensation of the judge and solicitor of the State 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 53, nays 0.

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

HB 734. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Butts County, Georgia, as amended, so as to provide for the election by the electors of Butts County of a Chairman of the Board of Commissioners of Butts County and for the election of two members of the said 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 53, nays 0.

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

HB 735. By Representatives Jones of the 78th and Tucker of the 73rd: A bill to amend an Act creating a Board of Commissioners of Butts

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1071

County, as amended, so as to require the adoption of the annual county budget on or before a certain date in each calendar year.

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

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

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

HB 754. By Representative Hutchinson of the 133rd:
A bill to create a small claims court in certain counties of this State; to provide for the appointment, duties, powers, compensations, qualifica tions, substitutions and tenure of the judges of such courts; to prescribe the jurisdiction, pleadings, practice and service of processes therein.

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 53, nays 0.

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

HB 775. By Representatives Rowland of the 119th and Coleman of the 118th:
A bill to amend an Act to create the City of Dublin and County of Laurens Development Authority, as amended, so as to add additional members to the authority; to provide for appointment and 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 53, nays 0.

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

HB 782. By Representative Rainey of the 135th:
A bill to provide a new Charter for the City of Unadilla in the County of Dooly; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.

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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 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 783. By Representative Phillips of the 120th: A bill to amend an Act establishing a new charter for the Town of Higgston, as amended, so as to change the term of office of the mayor and council.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 784. By Representative Phillips of the 120th: A bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Wheeler County and creating the office of Tax Commission er of Wheeler County, as amended, so as to place the Tax Commissioner of Wheeler County on an annual salary in lieu of all fees, commissions, costs, fines, emoluments, and perquisites received by the tax commission er; 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 53, nays 0.

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

HB 582. By Representatives Rush of the 121st and Kemp 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 the manner of electing said members.

The Committee on County and Urban Affairs offered the following amend ment:

MONDAY, FEBRUARY 21, 1977

1073

Amend HB 582 by striking from lines 16 through 19 on Page 2 the sentence which reads as follows:

"The candidate receiving the highest number of votes cast shall be the chairman of the Board of Education during his term of office as a member of the Board of Education."

By striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:

"Section 3. At the first regular meeting of the Board of Education following the special election provided for in subsection (b) of Section 2 of this Act and at the first regular meeting held in January immediately following each general election at which members of the Board of Education are elected, the Board of Educa tion shall elect from its own membership a Chairman of the Board. The Chairman shall serve as such until his successor is elected at the meetings of the Board as provided herein. The Board of Educa tion shall elect such other officers from its membership as it deems necessary or desirable to serve for such terms as such officers as the Board shall determine."

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

The bill, having received the requisite constitutional majority, was passed as amended.
HR 13. By Representatives Johnston, Tolbert, and Butler of the 56th and others: A resolution creating the DeKalb County Police Retirement System Study Commission.

The Committee on County and Urban Affairs offered the following substitute to HR 13:
A RESOLUTION
Creating the DeKalb County Employees Retirement Fund Study Commission; and for other purposes.
WHEREAS, certain citizens and groups in DeKalb County have

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expressed an. interest in creating a new and different county retirement system for the DeKalb County Police Department; and

WHEREAS, the creation of a new and different retirement system for the DeKalb County Police Department might affect the actuarial soundness of the present county retirement system; and

WHEREAS, consideration and study should be given to the feasibility of creating a separate retirement system for the DeKalb County Police Department or amending the present county retirement system Act to correct any deficiencies or inequities that may exist between the Police Department and other county employees.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the DeKalb County Employees Retirement Fund Study Commission to be composed of seven members, as follows:

(1) One member appointed by the Democratic Delegation of DeKalb County in the House of Representatives.

(2) One member appointed by the Republican Delegation of DeKalb County in the House of Representatives.

(3) One member appointed by the Democratic Delegation of DeKalb County in the Senate.

(4) One member appointed by the Republican Delegation of DeKalb County in the Senate.

(5) One member appointed by the Chairman of the Board of Com missioners of DeKalb County.

(6) The Chief Operating Officer of the Pension Board of DeKalb County shall serve as an ex officio nonvoting member of the Commission.

(7) The Chief of Police of DeKalb County or his designee shall serve as a nonvoting member of the Commission.

Elected officials shall be ineligible to serve as members of the Commission. All members of the Commission shall serve without com pensation.

BE IT FURTHER RESOLVED that the appointing authority shall appoint their respective members on or before April 15, 1977, and the Commission shall conduct its organizational meeting to elect officers and formulate plans for future meetings on the first Monday in May, 1977.

BE IT FURTHER RESOLVED that the Commission shall conduct a thorough study of the DeKalb County retirement system and submit its conclusions and recommendations to the DeKalb County Legislative Delegation, the governing authority of DeKalb County and to other

MONDAY, FEBRUARY 21, 1977

1075

interested persons as the Commission shall determine on or before December 1, 1977, at which time the Commission shall stand abolished.

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

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

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

Allgood Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th
Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis
Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell
Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels

Those not answering were Senators:

Barnes Carter

Coverdell Tate

Traylor

Senator Brown of the 47th introduced the chaplain of the day, Reverend Marshall G. Smith, pastor of Bio Baptist Church, Hartwell, Georgia, who offered prayer.

The following resolution of the House was read and adopted:

HR 265. By Representative Lambert of the 112th: A resolution commending Mr. Dodson Carter.

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SENATE RULES CALENDAR Monday, February 21, 1977

HB 25 Financial Disclosure Act--change certain requirements (AMs) SB 241 Economic Development Council--change membership (AM) SB 268 Casualty and Property Insurers--notification of increase SB 269 Insurance Cancellation--provisions where lienholder interests
affected SB 271 Insurance Commissioner--special deposits of securities by insurer SB 273 Safety Fire Commissioner--enter into contracts SB 276 Real Estate License Revocation--post bond for stay of order SB 277 Real Estate Brokers--provisions for inactive status SB 278 State Employee Health Insurance--Personnel Board executing
contracts SB 295 Bad Checks--what constitutes prima facie evidence (SUB) SB 297 Driver's License Act--repeal provisions on physicians and vision
specialists (SUB) SB 298 Alcohol Sale Near Central State Hospital--change provisions SB 312 Mentally 111--Human Resources Commissioners--take oath of
guardianship SR 90 Passenger Train Service to Macon--urge Congress assist in efforts HB 58 Superior Court Clerks--minimum salaries (SUB) HB 83 Flaps on Motor Vehicle rear wheels--certain vehicles exempt HB 128 Superior Court Clerk Retirement--additional legal cost in civil suit HB 131 Professional Sanitarians--revise Act regulating (SUB)
HB 145 Middle Judicial Circuit Superior Courts--additional judge
HB 156 Northern Judicial Circuit--additional judge
HB 202 Motor Vehicle Replacement Title--issuance
HB 509 Douglas Judicial Circuit--create (AM)
HB 571 State Tourist Center--establish in area of residence citizen elected President
HR 35 Troubled Children Study Committee--create

Respectfully submitted,

/a/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

MONDAY, FEBRUARY 21, 1977

1077

The following general bill of the House, having been read the third time on February 8 and postponed until February 11, committed to the Committee on Economy, Reorganization and Efficiency in Government on February 11, fav orably reported on February 16 and postponed until February 17, postponed on February 17 until February 18, postponed on February 18 until February 21, was put upon its passage:

HB 25. By Representatives Howell of the 140th and Bray of the 70th:
A bill to amend the Campagin and Financial Disclosure Act, approved March 5, 1974, so as to change certain campaign disclosure report filing requirements under Section 6 (d) of said Act.
Senate Sponsor: Senator Kidd of the 25th.

The following amendments were adopted on February 17 as shown by the Journal of that date:

The Senate Committee on Economy, Reorganization and Efficiency in Govern ment offered the following amendment:
Amend HB 25 by deleting on Page 1, lines 20 and 21 in their entirety and substituting in lieu thereof:
"general) and receives no contributions of $101.00 or more,"
Senator Kidd of the 25th offered the following amendment:
Amend HB 25 by deleting on Page 1, line 20, the word "contributions"
and substituting in lieu thereof: "contribution"
Senator Button of the 9th offered the following amendment:
Amend HB 25 by adding on line 24 on page 1, between the word and symbol, "act,", and the word, "said", the following:
"or in the event any candidate covered by the provisions of this Act receives and accepts no contributions of whatever amount except contributions of the candidate's personal funds to his own cam paign,".
Senators Robinson of the 27th and Howard of the 42nd offered the following amendment:
Amend HB 25 by striking on Page 1, lines 22 and 23 and on line 24 the following:
"of this act"

JOURNAL OF THE SENATE,
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:

Allgood Ballard Barker Bell Bond Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Poster

Gillis Greene Holloway Hudgins Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Starr Stephens Summers Sutton Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Banks Barnes Dean of 31st

Evans Howard Johnson

Shapard Stumbaugh Tate

Those not voting were Senators :

Brantley Broun of 46th Coverdell

Fincher Hill Hudson

Thompson (excused conferee) Traylor

On the passage of the bill, the yeas were 39, nays 9.

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

Senator Holloway of the 12th introduced the doctor of the day, Dr. C. B. Gillespie, of Albany, Georgia.

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 241. By Senator Banks of the 17th:
A bill to amend an Act creating the Economic Development Council, so as to change the membership of the Council; to change the provisions relative to the appointment and service of members.
The Senate Committee on Industry, Labor and Tourism offered the following amendment:

MONDAY, FEBRUARY 21, 1977

1079

Amend SB 241 by striking on Page 2, line 30, the figure "18" and inserting in lieu thereof the figure "19".

and

By redesignating subsections (b) through (s) of quoted Section 1, beginning on Page 2, line 29, as subsections (c) through (t) and in serting in lieu thereof a new subsection (b) to read as follows:

"(b) The State Superintendent of Schools or his designee."

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:

Allgood Ballard Banks Barker Barnes Bell Bond
Broun of 46th
Brown of 47th
Carter
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
English
Evans

Fincher Foster Gillis Greene Holloway Howard Hudgins
Hudson
Kennedy Kidd Langford
Lester McGill
Overby Paulk
Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens
Stumbau'gh
Summers
Sutton
Tate
Timmons
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Brantley Coverdell Hill

Johnson Thompson (excused conferee)

Traylor

On the passage of the bill, the yeas were 50, nays 0.

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

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JOURNAL OF THE SENATE,

SB 268. By Senators Banks of the 17th, Scott of the 43rd, Reynolds of the 48th and others:
A bill to amend Code Section 56-507, relating to standards applicable to insurance rates, so as to provide that casualty and property insurers shall notify and give each policyholder certain information in writing at least 30 days in advance of any premium rate increase.

Senator Wessels of the 2nd moved that he be excused from voting on SB 268, stating that he had a personal interest in the results.

On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Wessels of the 2nd was excused from voting on SB 268.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Broun of 46th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans

Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Stephens Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Brantley Brown of 47th Coverdell Hill

Johnson Starr (excused conferee)

Traylor Wessels (excused)

On the passage of the bill, the yeas were 48, 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:

MONDAY, FEBRUARY 21, 1977

1081

HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games.

Senator Scott of the 43rd moved that the Senate insist upon its substitute to HB 410.

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate insisted upon its substitute to HB 410.

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

SB 269. By Senator Langford of the 51st:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to change the provisions relating to can cellation where interests of lienholders are affected.

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:

Allgood Ballard Banks Barker Barnes Bell Bond
Brantley Broun of 46th Brown of 47th
Carter Coverdell
Dean of 6th Doss Dun can Eldridge English Evans

Fincher
Foster Gillis Greene Holloway Howard
Hudson Johnson
Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Those not voting were Senators :

Dean of 31st Hill

Hudgins

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Traylor

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 52, nays 0.

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

SB 271. By Senator Langford of the 51st:
A bill to amend Code Chapter 56-3, relating to authorization of insurers and general requirements for doing business in this State, as amended, so as to provide that the Commissioner may require certain insurers to make additional special deposits of securities under certain circum stances.

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:

Allgood Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 31st Doss. Duncan Eldridge English Evans

Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators :

Bell Dean of 6th

Fincher Hill

Traylor

On the passage of the bill, the yeas were 51, 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:

MONDAY, FEBRUARY 21, 1977

1083

SB 45. By Senators Kidd of the 25th, Russell of the 10th, McGill of the 24th and others:
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 pro vide that the State Personnel Board shall not adopt a Statewide Classi fication Plan prior to April 1, 1978.

The House amendment was as follows:

Amend SB 45 by striking after the word "implement" all of line 21 and inserting in lieu thereof the words "the proposed statewide", and by striking the quotation mark after the word "Assembly" and adding the following:

"; provided, however, this limitation shall not preclude changes in the orderly and necessary classification and reclassification of positions under the State Merit System."

Senator Kidd of the 25th moved that the Senate agree to the House amend ment to SB 45.

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

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Dean of 6th Hill

Summers

Traylor

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 45.

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JOURNAL OF THE SENATE,

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

SB 273. By Senator Carter of the 14th:
A bill to amend an Act known as "The Uniform Standards Code for Mobile Homes Act", as amended, so as to authorize the Georgia Safety Fire Commissioner to enter into contracts or cooperative agreements.

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:

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

Evans Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Hill

Traylor

Wessels

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

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

SB 276. By Senator Holloway of the 12th:
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'.

Senator Doss of the 52nd moved that he be excused from voting on SB 276, stating that he had a personal interest in the results.

MONDAY, FEBRUARY 21, 1977

1085

On the motion, the yeas were 28, nays 1; the motion prevailed, and Senator Doss of the 52nd was excused from voting on SB 276.

Senator Ballard of the 45th moved that he be excused from voting on SB 276, stating that he had a personal interest in the results.

On the motion, the yeas were 34, nays 1; the motion prevailed, and Senator Ballard of the 45th was excused from voting on SB 276.

Senator Hudgins of the 15th moved that he be excused from voting on SB 276, stating that he had a personal interest in the results.

On the motion, the yeas were 33, nays 2; the motion prevailed, and Senator Hudgins of the 15th was excused from voting on SB 276.

Senator Reynolds of the 48th moved that he be excused from voting on SB 276, stating that he had a personal interest in the results.
On the motion the yeas were 31, nays 2; the motion prevailed, and Senator Reynolds of the 48th was excused from voting on SB 276.
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:

Allgood Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge English Evans

Fincher Foster Gillis Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce Riley

Those not voting were Senators:

Ballard (excused) Bell Doss (excused)

Greene Hudgins (excused) McGill

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger Walker Wessels
Reynolds (excused) Scott Traylor

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 278. 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 relative to the providing of administra tive services in connection with a self-insured health insurance plan for State employees.

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:

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

Evans Fincher Foster Gillis
Greene s Holloway
Howard Hudgins Hudson Johnson Kennedy
Kidd Langford Lester Overby Paulk Reynolds

Riley Robinson Russell Scott
Shapard Starr
Stephens Stumbaugh Summers Sutton Tate
Thompson Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun of 46th Hill

McGill Pearce

Traylor Wessels

On the passage of the bill, the yeas were 50, nays 0.

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

SB 295. By Senators Johnson of the 34th, Overby of the 49th, Barnes of the 33rd and others:
A bill to amend Code Section 26-1704, relating to bad checks, so as to provide what constitutes prima facie evidence of criminal issuance of bad checks; to provide for service charges, notice and immunity; to provide what constitutes prima facie evidence of identity of certain par ties issuing instruments.

MONDAY, FEBRUARY 21, 1977

1087

The Senate 'Committee on Judiciary offered the following substitute to SB 295:

A BILL

To be entitled an Act to amend Code Section 26-1704, relating to bad checks, so as to provide what constitutes prima facie evidence of criminal issuance of bad checks; to provide for service charges, notice and im munity; to provide what constitutes prima facie evidence of identity of certain parties issuing instruments; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 26-1704, relating to bad checks, is hereby amended by striking in its entirety subsection (a), which reads as follows:

"(a) A person commits criminal issuance of a bad check when he makes, draws, utters, or delivers a, check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Section, it is prima facie evidence that the accused knew that the instrument would not be honored, if:

(1) The accused had no account with the drawee at the time the the instrument was made, drawn, uttered, or delivered; or

(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused failed to make good within 10 days after receiving notice of that refusal or after a certified letter notifying the drawer of the refusal is sent to the drawer at the address given by the drawer to the payee when the check was drawn or if no address was given by the drawer, to the address printed on the check.",

and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) A person commits criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Section, it is prima facie evidence that the accused knew that the instrument would not be honored, if:

(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; or

(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused, or some-

1088

JOURNAL OF THE SENATE,

one for him, shall not have paid the holder thereof the amount due thereon, together with a service charge not to exceed $5.00 or 5 percent of the face amount of the instrument, whichever is greater, within 10 days after receiving written notice that payment was refused upon such instrument. For purposes of this subsection (2) :

(A) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person making, drawing, uttering or delivering said instrument whether such notice shall be returned undelivered or not.

(B) The form of notice shall be substantially as follows:

'You are hereby notified that a check or instrument, numbered ._--__--_--_, issued by you on _________________ (date) _______,,___, drawn upon _________ (name of bank) __________ and payable to _________._,,,,_., has been dishonored. Pursuant to Georgia law, you have 10 days from receipt of this notice to tender payment of the full amount of
such check or instrument plus a service charge of $5.00 or 5 percent, (of the face amount of the check), whichever is greater, the total
amount due being $________--_.___ and ------_____ cents. Unless this amount is paid in full within the specified time above, the holder of
such check or instrument may turn over the dishonored check or in
strument and all other available information relating to this incident to the District Attorney or Solicitor for criminal prosecution.'

(C) Any party holding a worthless check or instrument and giving notice in substantially similar form to that provided in subparagraph (B) shall be immune from civil liability for the givingof such notice and for proceeding under the forms of such notice."
Section 2. Said Code Section is further amended by adding im mediately following subsection (d) thereof a new subsection, to be designated subsection (e), to read as follows:
"(e) In any prosecution or action under the provisions of this Section, a check, draft, or order for which the information required in subparagraphs (1) and (2) of this subsection (e) is available at the time of issuance shall constitute prima facie evidence of the identity of the party issuing the check, draft, or order and that such person was a party authorized to draw upon the named account.
(1) To establish this prima facie evidence, the following in formation regarding the identity of the party presenting the check, draft or order shall be obtained by the party receiving such instru ment: The full name, residence address, and home phone number.

Such information may be provided by either of two methods:

(A) Such information may be recorded upon the check or in strument itself; or

MONDAY, FEBRUARY 21, 1977

1089

(B) The number of a check-cashing identification card issued by the receiving party may be recorded on the check. Such checkcashing identification card shall be issued only after the information required in subparagraph (1) has been placed on file by the re ceiving party.

(2) In addition to the information required in subparagraph (1), the party receiving a check shall witness the signature or en dorsement of the party presenting such check, and, as evidence of such, the receiving party shall initial the check."

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 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 Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Wessels

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Allgood Bond Hudgins

Lester Pearce Stephens

Traylor Walker

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE,

SB 297. By Senator Ballard of the 45th:
A bill to amend Code Title 68B, "The Driver's Licensing Act", as amended, so as to repeal certain provisions relating to reports by phy sicians and vision specialists; to provide for conformity; to provide for other matters relative to the foregoing.

The Senate Committee on Transportation offered the following substitute to SB 297:
A BILL
To be entitled an Act to amend Code Section 68B-217, relating to reports by physicians and vision specialists, so as to provide that reports submitted to the board, or its members, for the purpose of determining whether a person is qualified to be licensed are for the confidential use of the board; to provide for a hearing and appeal; to provide the pro cedures connected therewith; 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. Code Section 68B-217, relating to reports by physicians and vision specialists, is hereby amended by striking subsection (e) of said Code Section in its entirety and inserting in lieu thereof a new sub section (e) to read as follows:
"(e) Reports received or made by the board, or its members, for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the board or department and may not be divulged to any person or used as evidence in any civil or criminal trial except that the reports may be admitted in proceedings conducted pursuant to this Section and Section 68B-315. Whenever the department shall determine that a person is unqualified to be licensed, the department shall inform such person in writing and give him an opportunity to request a hearing, in writing, within fifteen days. If no hearing is requested within the fifteen-day period as specified herein, the right to a hearing shall be waived, and the license of the person shall be re voked. The person may request an opinion of the board as provided in Section 68B-216(c) of this Title. The department may not grant any exceptions to any regulations issued pursuant to subsection (a) of this Section. The scope of the hearing shall determine if the driver is competent to drive a motor vehicle as defined in this Title. The hearing shall be informal and an appeal shall be as provided for in Section 68B-315."
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.

MONDAY, FEBRUARY 21, 1977

1091

Senator Ballard of the 45th offered the following amendment:

Amend the substitute offered by the Committee on Transportation to SB 297 by striking the word "a" on line 1, Page 2, and inserting in lieu thereof the word "this".

By adding after the word "determine" on line 7, Page 2 the fol lowing :

", upon evidence and testimony submitted,".

By adding after the word and period "Title." on line 9, Page 2 a new sentence to read as follows:

"No driving privileges shall be revoked unless the Department shows that the driver had disorders characterized by lapses of con sciousness or other mental or physical disabilities affecting his ability to drive safely."

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 40, 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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge English Evans Pincher

Poster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill
Overby Paulk Pearce Reynolds Riley

Robinson
Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Dean of 31st

Duncan

Hill

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 298. By Senator Kidd of the 25th:
A bill to amend Code Section 58-607, relating to the sale of liquors near Central State Hospital, so as to change the provisions relating to the sale, barter or giving away of alcoholic, vinous, or fermented liquor near the Central State Hopsital buildings.

Senators Kidd of the 25th and Greene of the 26th offered the following sub stitute to SB 298:
A BILL
To be entitled an Act to amend Chapter 58-6, relating to miscellaneous provisions relative to intoxicating liquors, as amended, so as to change the provisions relating to the sale of liquors near the Central State Hospital; to prohibit the sale, barter or giving away of alcoholic, vinous or fer mented liquors of any kind to any patient or lawful inmate of the Cen tral State Hospital; to prohibit the exposure of liquors in certain areas; to provide for penalties; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 58-6, relating to miscellaneous provisions relative to intoxicating liquors, as amended, is hereby amended by striking Code Section 58-607, which reads as follows:
"58-607. Sale, etc., of liquors near the State Hospital.--Any person who shall expose for sale, or sell, barter, or give away alco holic, vinous, or fermented liquors of any kind, within a distance of two miles from the Central State Hospital buildings, or who shall sell, barter or give away such liquors to any patient or lawful in mate of said Hospital, or to any employee in the service of that institution, shall be punished as for a misdemeanor. This Section shall apply only to the county outside of the corporate limits of the city of Milledgeville.",
and inserting in lieu thereof a new Code Section 58-607, to read as follows:
"58-607. Sale, etc., of liquors near the State Hospital.--Any person who shall sell, barter or give away alcoholic, vinous, or fer mented liquors of any kind to any patient or lawful inmate of the

MONDAY, FEBRUARY 21, 1977

1093

Central State Hospital, or expose for sale such liquors within 200 yards of any building of said hospital, shall be punished as for a misdemeanor.

Any person who knowingly introduces or possesses any alco holic beverage regardless of the minuteness of quantity upon the grounds of the Central State Hospital or in the buildings of the Georgia War Veterans Home, Milledgeville, Georgia, shall be pun ished as for a misdemeanor.

The provisions of this Section shall be subject to the following exceptions:

(1) The staff of the Central State Hospital and the Georgia War Veterans Home may administer alcohol in the course of treat ment in strict accordance with the prescription of a physician of said hospital or home.

(2) Nothing in this Section shall be construed to prevent those staff members who maintain their domicile on the grounds of said hospital from possessing alcoholic beverages for their own consump tion, or for that of their family, or for persons invited to their home excepting patients or lawful inmates of the Central State Hos pital or the Georgia War Veterans Home."

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 33, nays 0, and the substi tute 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 Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan

Eldridge English Evans Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy

Kidd Langford Lester McGill Paulk Reynolds Riley Robinson Russell Scott Shapard Starr Stephens

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JOURNAL OF THE SENATE,

Stumbaugh
Summers Tate

Timmons
Traylor Tysinger

Walker Wessels

Voting in the negative were Senators Sutton and Thompson.

Those not voting were Senators:

Allgood Banks Barnes

Hill Overby Pearce

Turner

On the passage of the bill, the yeas were 47, nays 2.

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

At 11:50 o'clock A.M., the President announced the Senate would stand in recess until 2:00 o'clock P.M. in order to meet in Joint Session pursuant to HR 240.

The President appointed as a Committee of Escort the following: Senators Overby of the 49th, Barnes of the 33rd, Johnson of the 34th, Pearce of the 16th, Banks of the 17th and Allgood of the 22nd.

At 12:00 o'clock Noon, the hour for convening the Joint Session of the Senate and House, 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 hearing a message from the Chief Justice of the Supreme Court, was called to order by the President of the Senate. HR 240 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.

The Honorable H. E. Nichols, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives as follows:

Mr. Speaker, Lieutenant Governor Miller, Honorable members of the General Assembly, my fellow Justices and Judges, members of the news media, distinguished guests, ladies and gentlemen:
This is the first time, so far as I am able to ascertain, that the Chief Justice of Georgia has been invited to make a State of the Judiciary address to a joint session of the General Assembly. I am profoundly and eternally grateful for this opportunity.
My gratitude is not limited by the conviction that a report such as this ought to be presented to a joint session on an annual basis, and I sincerely hope that this will become a tradition in order that each of you, who has a significant interest in and responsibility for the success ful operation of our judicial system, may be fully informed concerning developments in the courts of Georgia.

MONDAY, FEBRUARY 21, 1977

1095

Such reports have already become an annual tradition among a majority of our sister states and the favorable response from legislators in those states at least suggests the practice, if continued here, would be most beneficial to you and to the public we both serve,

I sincerely thank our distinguished Speaker of the House who initiated the resolution making this historic "first" possbile, and I appre ciate the courtesy of the Lieutenant-Governor and all of you for at tending.

You know, our system of checks and balances dictates that we re spect each other's role in government, and this mutual respect weighs heavily at times in our decisions regarding each other. For example, all of us hold George Washington in high esteem not only as the father of our country whose birthday we celebrate today but because he stood there and truthfully told his father he had cut down a cherry tree. And, history tells us George's father was so struck by the lad's honesty that he didn't punish George.

Of course, as a jurist trained to analyze these things, I cannot help but wonder if George's father more deeply respected the fact that when George confessed to the deed, he was standing there with a hatchet in his hand!

That's how our own system of checks and balances works. And, we've got our George Too! His veto power is just about the biggest hatchet around.

Of course, I understand Speaker Murphy and the LieutenantGovernor use their big mallets. I'm not going to tell you what I've got under this robe!

Getting back to a more serious vein, across the street we do much more than just decide cases. We also have administrative duties as head of the judicial branch of government. I have long recognized that the Supreme Court is charged with providing leadership to the judicial de partment; otherwise, the judiciary devolves into fragments, each trying to do what it can to improve the system but not always acting with the sense of purpose and unity that comes from leadership at the top.

In the past, when closer control was not so essential, the Supreme Court delegated many of its duties. But it is now essential that the Supreme Court directly exercise its authority to make our judicial system work and work well, and I assure you we are now fully providing the leadership to accomplish that purpose.

Our court system has become something of a mystery to the citizens of this state, primarily because in the past we have operated under rules which were adopted to preserve the sanctity of the courtroom during legal proceedings from unwarranted intrusion.

These rules limited public exposure to the legal process, in part, because of our continuing commitment and that of this General Assembly

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to the principals embodied and imbedded in our Bill of Rights . . . that every person is entitled to a remedy in the laws for all injuries or wrongs which he may receive to his person, property and character; that he ought to obtain justice freely and without purchase, completely and without delay, compatible with the laws of the land, and when accused in a criminal proceeding, that he is entitled to a speedy and public trial, fairly administered.
Chief Justice Marshall of the United States Supreme Court once summed it up quite well over 140 years ago when he said: "The judicial department comes home in its effect to every man's fireside; it passes on his property, his reputation, his life, indeed his all."

In this report, I will detail several proposals we are considering to lift the veil of mystery from our judicial system; to open court pro ceedings to the public eye as never before permitted in this state so that our citizens can gain confidence in the rule of law as a means of re solving disputes. We are reviewing every reasonable alternative to move the legal system into the 20th century even as we review and strengthen the rules under which our judges and attorneys conduct themselves.

Speaking of alternatives reminds me of the man who went to see his doctor because he was losing his hearing. When he returned home, he told everybody the doctor had advised him that if he kept on drinking Georgia moonshine, he would lose his hearing entirety. The family asked him what he had decided to do and the old man answered: "Well, I've thought it all over. I've decided that I like what I've been a drinkin' so much better than what I've been a hearin' that I reckon I'll just keep on a-gettin' deef!"

Now I'm certain that no one in this chamber today faces that old man's alternative, but if the does, I'm sure he'll make a better accommo
dation.

Judges in Georgia continue to play a large and increasingly critical role in the daily lives of our citizens. We have taken several significant steps to evaluate the manner in which our courts serve the public and to determine the needs of the courts as the response demanded by ac celerating caseloads continues to climb unabated.

To assure that all judges conform to the highest ethical standards in presiding over litigants, to act impartially and with detachment in maintaining a proper forum in which disputes are heard, and to assure that they refrain from conduct reflecting badly upon or inappropriate to their offices, we have adopted a new Code of Judicial Conduct.

Under that Code the Supreme Court has publicly reprimanded two judges for improper activity and we have issued private reprimands as required by our rules for infractions of a less serious nature. Any de parture from these rules is serious, however, and the Judicial Qualifi cations Commission is authorized to review all complaints and take
appropriate action, subject to review by the Supreme Court.

Of course, those selected to be judges in the first place should be

MONDAY, FEBRUARY 21, 1977

1097

qualified by experience and legal training to don the judge's robe. A judicial Nominating Commission has been formed by executive order to compile the histories of those nominated to our state and appellate court systems. This commission will assist in assuring the continued high quality of jurists at every level of court activity.

Last year we also adopted a most comprehensive and tough set of rules for professional conduct to guide our state's 10,000-plus lawyers. These rules strongly emphasize ethical considerations in attorney-client relationships. They are being administered by the State Disciplinary Board, and I can assure each of you and the lawyers of Georgia that this court is actively directing the implementation of these rules with fairness and firmness. Additional changes have now been proposed in the rules of investigation of complaints so that meritorious claims will be disposed of more quickly. Archaic and inefficient procedures with multiple built-in delays are being eliminated.

There is naturally some reluctance by a few lawyers to whole heartedly accept these changes, but I know they will all appreciate the end result--an increase in public confidence in the bench and bar.

Our recent experience with these rule changes has been much like that of the Boy Scout who came home totally exhausted from doing his good deed for the day. His mother asked him why he was so tuckered out, and he replied he had assisted an old lady across the street. "But, son, that wouldn't wear you out like this," his mother said. The Scout replied: "That's what you think, mother; she didn't want to go!"

We have also closely examined our procedures for certifying po tential lawyers for admission to practice law in the state, and have created, effective April 1, a Board to determine fitness of bar appli cants as an arm of the Supreme Court. This Board will inquire into the character and fitness of applicants to practice law in Georgia, guided by specific guidelines and procedures set by this Court.

The number of cases filed in the superior courts, the state courts, and the probate courts continues to rise, even though those courts have disposed of a greater number of cases through good administrative practices. However, in certain judicial circuits, there is immediate need for additional judges, and I would encourage you to give serious con sideration to these needs.

Recently the U. S. Supreme Court rendered an opinion which re quires action by this General Assembly. This decision voids search war rants issued by the justices of the peace because those justices received a fee for issuing the warrants, but they did not receive this fee if the warrant requested was denied. The rationale underlying that decision is that the magistrate may not be a disinterested and unbiased magis trate if the fee is dependent upon his decision. This decision could also affect other judicial actions where the decision rendered in any manner controls the judicial's officer's compensation. Legislation should be en acted to insure unbiased judicial officers in all cases.

The caseloads of the Supreme Court and the Court of Appeals

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JOURNAL OF THE SENATE,

have increased 250 percent during the past ten years. Currently, a rough rule of thumb shows the Judges of the Court of Appeals must write one opinion and pass upon two opinions prepared by their colleagues each workday. This excludes those days when oral argument is heard and those days which must be devoted to judicial conferences.

The Justices of the Supreme Court, acting under similar exclusions for oral argument, conferences, and an increasing number of administra tive duties performed in connection with bench and bar activities, must prepare one opinion and review six opinions prepared by other Justices each workday.

I feel certain most of you realize these problems exist, and perhaps these figures will further pin-point the real extent of the problem.

Last year this Assembly wisely, I think, refused to propose a con stitutional amendment which would have permitted an annual shuffling of the appellate jurisdiction of the Supreme Court and the Court of Appeals. The mere swapping of appellate jurisdiction does not reduce caseloads.

Last June I proposed one answer to the rising caseload per appellate judge in an address to the State Bar of Georgia. I strongly suggested the creation of a three-judge criminal division for the Court of Appeals and the transfer of all criminal appeals and habeas corpus appeals to that court except in those cases where the death penalty has been imposed. This can now be executed by legislative action under the Con stitution. This would not only provide more stability in the judicial treatment of criminal cases in Georgia, but would permit the other judges on the Court of Appeals to spend more time on its civil appeals and reduce the number of applications for certiorari which result from conflicting opinions from the different divisions of that court.

Since that time, a committee appointed by Governor Busbee at my request delivered a report on the Georgia Appellate Court System.

Prior to the filing of that report with the Governor, the Lieutenant Governor and the Speaker, the committee met with each court and each court orally agreed with the committees recommendations.

Bills to carry out the recommendations of the committee have been prepared. I urge your serious consideration of this package of legisla tion.

One recommendation suggests transferring appellate jurisdiction of divorce, alimony and child custody cases from the Supreme Court to the Court of Appeals. Tied to this recommendation is one requesting four additional judges for that court, so that it would be composed of 13 judges operating in two divisions en bane--six judges per bane with the Chief Judge serving as a seventh judge on both divisions. Under this recommendation, no separate criminal division would be created within the Court of Appeals. This recommendation is at variance with my original proposal to create a criminal division for the Court of Ap-

MONDAY, FEBRUARY 21, 1977

1099

peals, consisting of three additional judges and transferring criminal cases other than death cases to that court.

Incidentally, the recommendation for the creation of the additional judgeships included a proviso that this not be done until space could be made available for offices for the new judges in the same or in an adjoining building so that the court would not be separated. This proviso creates no problem, for space can be made available in the Judicial Building.

The report also includes other matters which equally deserve your serious consideration, but I will elaborate on only one of them.

One of the Bills included in the package removes armed robbery from the category of a capital felony as previously understood, while another amends the Act of 1973, enacted following the Furman decision by the U. S. Supreme Court, which provides for a sentence review by the Supreme Court of Georgia of all death penalties imposed in the superior courts.
Under the standards for sentence review provided by the Act of 1973, any conviction for armed robbery alone would not authorize the death penalty because such sentence would be disapportionate and ex cessive to sentences imposed in similar cases. Research discloses that since 1932, only six death penalties have been imposed where the only crime charged was armed robbery, although there have been thousands of convictions for such offense. Under these companion Bills, armed rob bery would be an aggravating circumstance so as to authorize a death sentence for murder, but armed robbery alone, which will not authorize the death penalty, would no longer be classified as a capital felony and would carry a maximum sentence of life imprisonment.
These two bills, while they do not change the substantive law, should be enacted. In one sense of the word, they are housekeeping Bills but since armed robbery alone cannot constitutionally support a death pen alty, it will by statute place appellate jurisdiction in the Court of Appeals and hopefully stop some misguided criminal from thinking the penalty is the same whether or not he kills his victim.

Whether you ladies and gentlemen, in your wisdom, adopt my pro posal or that of the committee, with reference to additional judges for the Court of Appeals, I strongly urge that one of them or a combination of the plans be adopted. To fail to do so will, I fear, operate to virtually inundate the appellate courts under an ever-expanding caseload.

I want to thank that committee for their diligent work. Chaired by the now Attorney General of the United States, the Honorable Griffin Bell, the committee was composed of Judge Jack Adams of Cornelia, Frank Jones of Macon, Alan Rothschild of Columbus and Oscar Smith of Rome.

Earlier I told you that the Supreme Court is reviewing every reasonable alternative to move the legal system of Georgia into the 20th

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Century. These alternatives are needed to raise the public's appreciation for an understanding of our court system, by letting them see how it works on a regular basis. The court feels they will find its works well even under heavy caseloads.

In addition, the Supreme Court feels the adversary system needs exposure to be understood. With understanding, a better appreciation of the role of attorneys and the courts in the legal system will result.

Therefore, beginning immediately and under circumstances where the parties to the action consent, the court will take the necessary steps to permit, on an experimental basis, broadcasting, televising, recording and the taking of photographs in the Supreme Court of Georgia. The court will ask media representatives to serve on an advisory committee to consult with the court in determining appropriate means of intro ducing cameras into the courtroom without disturbing the traditional solemnity and dignity of the proceedings.

Colorado has permitted photography during trials since 1956 with good results. Alabama now permits such broadcasting, televising, re cording and photographing in their appellate courts. The State of Wash ington now permits the use of cameras and recording equipment under certain rules.

The court proposes to begin slowly and carefully to evaluate the availability of sophisticated equipment and techniques under procedures which will not degrade the court or interfere with the achievements of a fair trial.

I know there are arguments, pro and con, concerning this matter. Those arguments will be heard in a special hearing to be.set at a future date. But a courtroom that is closed to part of the news media limits the opportunity of the public to be informed about court proceedings and is a constant obstacle to good bench, bar and news media relations.

In addition, the active participation of the public in the legal process will be immeasurably extended, permitting many opportunities for build ing respect for the law, the orders of our courts and the legal system.
No coverage will be permitted in the trial courts for the present time until procedures agreed upon by media representatives and this court have been thoroughly analyzed and tested. Some of the areas the court will ask the media advisory committee to review with us will include advice upon the types of equipment to use; establishing "pool" techniques for covering trials of unusual public interest; suggestions for setting standards of conduct and dress the media will adopt, in order to maintain the dignity of the proceedings, while not unduly prohibiting media representatives from entering, setting up and leaving court proceedings.
The court is also considering procedures for disseminating opinions immediately following our "en bane" sessions to the media. Many of these opinions have broad application throughout the state. This treat ment should improve public awareness of the opinion and increase the accuracy of legal reporting.

MONDAY, FEBRUARY 21, 1977

1101

Recently we issued an opinion that a governmental agency cannot constitutionally establish regulations which, when violated, constitute a crime and that the authority to issue such regulations may not be dele gated to that agency by the General Assembly under our present Con stitution.

This opinion was publicized several weeks following its release by the Supreme Court as one "little noticed" and apparently catching the Game and Fish Department completely unaware, according to their public statements, thus seriously threatening the game and fish resources of this state. An arrest by that department's enforcement agents, under the challenged regulations, initiated this action which was brought to us on appeal. Certainly, that department was kept informed of the legal developments in the case; however, a prompt dissemination of such opinions in the future should clearly set forth the very important con stitutional questions involved so that this body can resolve any problems arising through legislative action.

It is suggested that if any agency of government wants to establish regulations, the violations of which will constitute a crime, then that agency must come before this body and ask for them where all the parties interested may thoroughly present their views in support of or in derogation of such proposed rulemaking. The General Assembly is the only body which can establish criminal statutes under our Consti tution.

We of the Judiciary are ever mindful of the fact that we are but servants of the people, even as we judge them; that courts exist, not for the convenience of judges or attorneys but solely for the administra tion of justice for all, be they litigants, victims of crimes, advocates of freedom, or parents concerned with the state and country their children will ultimately inherit.

Judicial decision has an awesome impact upon the fabric of our society as do the actions of the Governor and the General Assembly. That is why it has been so important for me to come here today representing one of the three coordinate branches of government to renew a dialogue with you which time and growth in government at all levels has pre vented.

Down the hall from where we sit, you now meet to consider appro priations and other measures in what was once the courtroom for the Supreme Court and the Court of Appeals. In those days, we were under the same roof and were available to you for informal conversation and many assemblymen stopped by enroute to their offices or to committee meetings to discuss matters of concern to them. As a government of checks and balances which worked well in practice as well as in theory, we often disagreed, but we know we had to work together in harmony if the system of government was to work well.

As the only member of the present Supreme Court or Court of Ap peals who served when our courtroom was down the hall, I now come to you today in that spirit of harmony which the people of Georgia expect from us. The need for harmony and for direct communication between

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JOURNAL OF THE SENATE,

us has never been greater. This historic event at least, as far as I am concerned, marks a new beginning between our three branches of gov ernment.

Because of my unswerving belief that our system of government is the noblest, the grandest and the greatest system of government ever conceived by mind of man and for the great honor you have bestowed upon me in inviting me to come here today and address you in Joint Session and, of course, for your kind attention, I thank you from the depth of my being.

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

The President of the Senate announced the Joint Session dissolved.

At 2:00 o'clock P.M., the President called the Senate to order.

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:

SR 90. By Senators Greene of the 26th, Robinson of the 27th, Overby of the 49th and others:
A resolution urging the Georgia delegation to the United States Con gress to assist in the efforts to obtain passenger train service to Macon, Georgia.

The report of the committee, which was favorable to the adoption of the reso lution, 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:

Allgood Ballard Banks Bell Bond Brown of 47th Carter Coverdell Dean of 6th Doss Evans

Pincher Foster Gillis Greene Holloway Johnson Kennedy Kidd Langford Lester McGill

Voting in the negative was Senator Scott.

Overby Paulk Reynolds Riley Robinson Shapard Starr Summers Thompson Turner Wessels

MONDAY, FEBRUARY 21, 1977

1103

Those not voting were Senators:

Barber Barnes Brantley Broun of 46th Dean of 31st Duncan Eldridge English

Hill Howard Hudgins Hudson Pearce Russell Stephens Stumbaugh

Button Tate Timmons Traylor Tysinger (excused conferee) Walker

On the adoption of the resolution, the yeas were 33, nays 1.

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

SB 312, By Senator Fincher of the 54th:
A bill to amend Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates, 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:

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Greene Holloway Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Those not voting were Senators:

Barker
Barnes Duncan
Eldridge English

Hill
Hudgins Hudson
Pearce Stephens

Reynolds Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Tate Thompson Turner Tysinger Wessels
Sutton Timmons Traylor Walker

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 42, nays 0.

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

Senator Fincher of the 54th moved that SB 312 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 312 was immediately transmitted to the House.

HB 58. By Representatives Stone of the 138th, Harris of the 8th, Foster of the 6th and others:
A bill to amend an act providing minimum salaries for clerks of the superior courts, so as to change the minimum salaries; to change the pro vision relating to clerks who also serve as clerks of other courts.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following substitute to HB 58:

A BILL

To be entitled an Act to amend an Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), so as to change the minimum salaries; to change the pro visions relating to clerks who also serve as clerks of other courts; to change the provisions relating to longevity increases; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. Any other provision of law to the contrary not withstanding, the minimum annual salary of each clerk of the su perior court in each county of the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

MONDAY, FEBRUARY 21, 1977

1105

Population
0- 5,999 6,000l- 11,999 12,000- 19,999 20,000- 29,999 30,000- 39,999 40,000- 49,999 50,000- 99,999 100,000-199,999 200,000- and up

Minimum Salary
$ 9,500' 12,000 13,500 14,500 15,800 16,900 18,200 19,500 20,800."

Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

"Section 2. In addition to the minimum salary provided in Sec tion 1, each clerk of the superior court of any county who also serves as clerk of a State court, county court, city court, or civil court, under the provisions of any applicable general or local law of this State, shall receive for his services in such other court a salary of not less than $200 per month, to be paid from the funds of the County."

Section 3. Said Act is further amended by striking from Section 3 the following:

", provided, however, that such increase shall not apply to any clerk whose minimum salary as set forth in Section 1 above exceeds $12,000 per annum",

so that when so amended Section 3 shall read as follows:

"Section 3. The amounts provided in Sections 1 and 2 of this Act shall be increased by two and one-half (2%) percent for each year in office served by any clerk, figured at the end of each such period of service. The provisions of this Section shall not be con strued to affect any provisions of local legislation except where such local legislation provides for a salary lower than the salary pro vided in this Act, in which event the provisions of this Act shall prevail. Such increase shall not have retroactive effect. The increase per year provided in this Section shall not apply to any year com pleted prior to the effective date of this Act. This Act shall not be construed to reduce the salary of any clerk of the superior court presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of a clerk's office shall come from funds other than the funds specified as salary in this Act."

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

Senator Carter of the 14th moved the previous question.

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JOUKNAL OF THE SENATE,

On the motion, the yeas were 19, nays 12; the motion prevailed, and the previous question was ordered.

On the adoption of the substitute, the yeas were 27, nays 10, 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:

Allgood Ballard Banks Brantley Broun of 46th Brown of 47th Carter Dean of 31st English Fincher

Gillis Holloway Howard Kennedy Kidd Langford Lester Overby Paulk Robinson

Russell Scott Starr Stephens Summers Tate Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Bell Coverdell Doss Eldridge Evans

Foster Greene Johnson Reynolds Riley Shapard

Stumbaugh Sutton Thompson Timmons Turner

Those not voting were Senators:

Barker Bond Dean of 6th Duncan

Hill Hudgins Hudson

McGill Pearce Traylor

On the passage of the bill, the yeas were 29, nays 17.

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

Senator Kidd of the 25th moved that HB 58 be immediately transmitted to the House.

Senator Coverdell of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 58.

MONDAY, FEBRUARY 21, 1977

1107

The President ruled that the notice of motion to reconsider takes precedence over the motion to immediately transmit HB 58.

The following1 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 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the is suance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games.

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

Representatives Lane of the 40th, Mullinax of the 69th and Wood of the 9th.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the is suance by the State Revenue Commissioner licenses required for the operation of nonprofit bingo games.

Senator Scott of the 43rd moved that the Senate adhere to its substitute to HB 410, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 410.

The President appointed as a Conference Committee on the part of the Senate, the following:

Senators Scott of the 43rd, Starr of the 44th and Broun of the 46th.

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JOURNAL OF THE SENATE,

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

HB 83. By Representatives Beck of the 148th and Patten of the 149th:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to except certain vehicles from the requirement that metal protectors or substantial flexible flaps be maintained on the rearmost wheels of certain motor vehicles.
Senate Sponsor: Senator Turner of the 8th.

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Eldridge
English
Evans

Fincher Foster Gillis Greene Holloway Howard Johnson Kennedy Kidd Langford
Lester
McGill
Overby
Paulk
Reynolds
Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate
Thompson
Timmons
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Bond Duncan Hill

Hudgins Hudson

Pearce Traylor

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

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

HB 131. By Representatives Hudson of the 137th, Baugh of the 108th, Long of the 142nd and others:
A bill to amend an Act regulating the practice of professional sanitarians

MONDAY, FEBRUARY 21, 1977

1109

and to promote the principles of environmental sanitation so as to com prehensively revise said Act; to change and add definitions.
Senate Sponsor: Senator English of the 21st.

The Senate Committee on Human Resources offered the following substitute to HB 131:
A BILL
To be entitled an Act to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 554), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 801), so as to comprehen sively revise said Act; to change and add definitions; to authorize the licensure of certain persons who do not meet certain qualifications; to abolish the State Board of Examiners for Registered Professional Sani tarians; to create the Georgia Board of Registered Professional Sanitar ians; to provide for the appointment, term of office, qualifications, re moval, and compensation of members of the board; to provide for meet ings, officers and quorum of the board; to create an advisory council; to provide for the appointment, term of office, removal, compensation and qualifications of members of the council; to provide for the meetings, officers and powers and duties of the council; to provide for the powers and duties of the board and the Joint Secretary, State Examining Boards; to provide for licensure by endorsement; to provide for fees and licenses; to provide conditions for the renewal of certain licenses; to provide for the review of certain educational programs by the board; to provide for injunctions; to prohibit the use of certain titles and initials; to provide exceptions to the provisions of said Act; to specify unlawful acts; to provide punishments; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act regulating the practice of professional sanitar ians and to promote the principles of environmental sanitation, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 554), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 801), is hereby amended by striking Section 1 in its entirety, which reads as follows:
"Section 1. Definitions.-- (a) 'Sanitarian' shall mean a person trained in the field of sanitary science and technology who is qualified to carry out administrative, regulatory, educational and training duties in the field of sanitation.
(b) 'Registered Professional Sanitarian' shall mean a sani tarian who has qualified in accordance with the provisions of this Act and who has been licensed as provided for herein."

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JOURNAL OP THE SENATE,

and substituting in lieu thereof a new Section 1, to read as follows:

"Section 1. As used in this Act, unless the context otherwise requires, the term

(a) 'advisory council' means the advisory council created in Section 3A.

(b) 'board' means the Georgia Board of Registered Professional Sanitarians created in Section 3.

(c) 'environmental health and control programs' means pro grams for achieving or maintaining conditions to insure an environ ment that is conducive to health, comfort, safety, and well-being and provides adequate protection to the public.

(d) 'nonprofessional environmental health personnel' means any person in any environmental health and control program who does not hold a valid license to practice as a registered professional sanitarian or as a registered professional engineer.

(e) 'registered professional sanitarian' means any person who holds a valid license as a registered professional sanitarian in ac cordance with the provisions of this Act.

(f) 'sanitarian' means a person trained in the field of sanitary science and technology who is qualified to carry out administrative, regulatory, educational and training duties in an environmental health and control program.

(g) 'sanitarian intern/trainee' means any person who has met the educational requirements as provided in Section 6 of this Act, but does not meet the job training and experience requirement of this Act for license as a registered professional sanitarian and has not successfully passed the examination to hold a valid license as a registered professional sanitarian.

(h) 'practice as a registered professional sanitarian' means employment for compensation, full or part time, as a registered professional sanitarian in any capacity in environmental health or control programs unless otherwise exempt by provisions of this Act. Practice as a registered professional sanitarian includes the per formance of any act in the evaluation, regulation, control, adminis tration, or planning of environmental programs or services whose purpose is the prevention of illness, injury, or the promotion of a
quality environment.

(i) 'employment as a sanitarian intern/trainee' means the per formance of selected tasks under general supervision necessary to carry out a general environmental health and control program. For the purposes of this subsection 'supervision' means functioning under the direction of a registered professional sanitarian."

MONDAY, FEBRUARY 21, 1977

1111

Section 2. Said Act is further amended by striking Section 2, which reads as follows:

"Section 2. From and after 90 days from the effective date of this Act no person shall represent himself to be a Registered Professional Sanitarian or employ that title in any manner without first having applied for and received a license as hereinafter provided.",

and substituting in lieu thereof a new Section 2, to read as follows:

"Section 2. A person who was employed as a sanitarian prior to the effective date of this Act and who does not meet the qualifica tions necessary for licensure as a registered professional sanitarian contained in this Act shall be granted a license as a registered pro fessional sanitarian if he pays the required fees and has completed two consecutive years of employment as a sanitarian. The initial ap plication for licensure under this Section shall be made within one year after the effective date of this Act."

Section 3. Said Act is further amended by striking Section 3, which reads as follows:

"Section 3. There is hereby created a board to be known as the State Board of Examiners for Registered Professional Sanitar ians, hereinafter referred to as the board. Said board shall be com posed of five members to be appointed by the Governor. The appoint ment shall be made as follows: One member from the State Depart ment of Public Health, one from the State Department of Agricul ture, one Doctor of Veterinary Medicine, one from the College of Agriculture of the University of Georgia, and one from industries in which sanitarians are employed. The appointments shall be for periods of one, two, three, four and five years respectively, to be determined by the Governor. All subsequent appointments shall be for terms of five years. Members shall be eligible for reappointment. Vacancies shall be filled by the Governor for the unexpired term. The members of the board shall receive no compensation for their services but shall be reimbursed for expenses incurred in the performance of their duties. The members of the board shall meet for an organization meeting at the call of the joint secretary within sixty days from their appointment and qualification and thereafter at least once a year at such time and place as may be provided by rules and regulations adopted and promulgated by them. Provided, however, that special meetings may be called by the chairman or the joint secretary at such time and under such circumstances as they may deem necessary and proper. Provided further, that any notice of such meeting shall be given all members in writing at least ten days prior to the date of the meeting.",

and substituting in lieu thereof a new Section 3, to read as follows:

"Section 3. (a) The State Board of Examiners for Registered Professional Sanitarians in existence immediately prior to the ef fective date of this Act is abolished. There is hereby created the

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Georgia Board of Registered Professional Sanitarians to be com posed of seven (7) registered professional sanitarians appointed by the Governor. Three of the initial members of the board shall be appointed to terms of three years and until their successor is ap pointed and qualified. Two of the initial members of the board shall be appointed to terms of two years and until their sucessor is ap
pointed and qualified. Two of the initial members of the board shall be appointed to terms of one year and until their successor is ap pointed and qualified. Thereafter, members shall be appointed to three-year terms and until their successor is appointed and qualified. No member shall be appointed to more than two (2) consecutive terms. Vacancies on the board shall be filled by appointment by the Governor of a member to serve the remainder of the unexpired term. The Governor may remove any member from the board for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. The Governor shall appoint members so that the board will at all times consist of the following:

(1) one registered professional sanitarian from the Georgia Department of Agriculture;

(2) one registered professional sanitarian from a Georgia De partment of Human Resources local Health Department;

(3) one registered professional sanitarian from the Georgia Department of Human Resources Environmental Health Section;
(4) one registered professional sanitarian from the College of Agriculture of the University of Georgia;
(5) one registered professional sanitarian from the University System of Georgia, other than the University of Georgia;
(6) one registered professional sanitarian from the industries in which registered professional sanitarians are employed; and
(7) one registered professional sanitarian from the Depart ment of Natural Resources.
Each member of the board shall be a citizen of the United States and a legal resident of the State of Georgia.
(b) The board shall meet annually and shall elect from its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one (1) year each or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business. Five members of the seven board members shall constitute a quorum.
(c) Each member of the board shall be entitled to receive the same compensation as provided for members of certain State boards and commissions in Section 4 of an Act providing for the compen sation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as now or hereafter amended."

MONDAY, FEBRUARY 21, 1977

1113

Section 4. Said Act is further amended by adding following Section 3 a new Section to be designated Section 3A, to read as follows:

"Section 3A. (a) There is hereby established an advisory council of twelve (12) members which shall consist at all times of one representative from each of the following organization, agencies, professions or offices:

(1) Georgia Environmental Health Association;

(2) Georgia Public Health Association;

(3) two (2) members from industries that employ registered professional sanitarians;

(4) Georgia Department of Agriculture;

(5) Georgia Department of Natural Resources;

(6) Georgia Department of Human Resources (Environmental Health Training Office) ;

(7) College of Agriculture of the University of Georgia;

(8) Federal Environmental Protection Agency;

(9) one doctor of veterinary medicine;

(10) one mayor who is a member of the Georgia Municipal As sociation; and
(11) one county commissioner who is a member of the Associa tion of County Commissioners of Georgia.

(b) All advisory council members shall be appointed by the board for terms of three (3) years each. The board may remove any member from the council for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. Vacancies on the council may be filled by appointment by the board of a member to serve the remainder of the unexpired term.

The council shall meet annually on the second Monday in Sep tember and elect a chairman, a vice-chairman and a secretary and shall meet at other times on call from the chairman or written demand of five members. There shall be at least one meeting an nually with the board and such other joint meetings as deemed necessary by the board and the council.

It shall be the duty of the council to advise the board concerning any and all matters coming within the purview of this Act and the enforcement thereof, which in the opinion of the board or the council, or both, shall be deemed necessary or expedient.

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The members of the council shall receive no compensation."
Section 5. Said Act is further amended by striking Section 4, which reads as follows:
"Section 4. The same jurisdiction, duties, powers and authority which the Joint Secretary, State Examining Boards, has with reference to other examining boards is hereby conferred upon him with respect to the State Board of Examiners for Registered Pro fessional Sanitarians.",
and substituting in lieu thereof a new Section 4, to read as follows:
"Section 4. (a) The board is authorized to
(1) adopt and, from time to time, amend or repeal such rules and regulations consistent with the law, as may be necessary to en able it to carry into effect the provisions of this Act and to regulate the practice of registered professional sanitarians in conformity with accepted professional standards.
(2) upon request, review and recommend standards and cur ricula for educational programs preparing persons for licensure under this Act, and for continuing educational programs available to practicing registered professional sanitarians.

(3) upon request, provide for surveys of such programs at such times as it may be deemed necessary and to bring the registered pro fessional sanitarian into the mainstream of all environmental pro grams within the State of Georgia;

(4) upon request, review and recommend such programs as to meet the requirements of this Act and of the board.

(5) examine, license, and renew licenses of duly qualified ap plicants for licensure as a registered professional sanitarian.

(6) establish procedures whereby reciprocity may be granted;

(7) conduct hearings upon charges calling for discipline of a licensee, or for the revocation, denial or suspension of a license.

(8) keep records of all its proceedings.

(9) make an annual report to the Governor.

(10) have and use an official seal which shall bear the words 'Georgia Board of Registered Professional Sanitarians'.

(11) upon request, review and recommend job descriptions for registered professional sanitarians consistent with this Act and existing laws.

MONDAY, FEBRUARY 21, 1977

1115

(b) The same jurisdiction, duties, powers and authority which the Joint Secretary, State Examining Boards has with reference to other examining boards is hereby conferred upon him with re spect to the Georgia Board of Registered Professional Sanitarians."

Section 6. Said Act is further amended by adding following Sec tion 5 a new Section to be designated Section 5A, to read as follows:

"Section 5A. The board may issue a license to practice as a registered professional sanitarian by endorsement, without exami nation, to an applicant who has been duly licensed as a registered professional sanitarian under the laws of another State if, in the opinion of the board, the applicant possesses qualifications com parable to those provided in this Act for licensure as a registered professional sanitarian."

Section 7. Said Act is further amended by adding following Sec tion 6 a new Section to be designated Section 6A, to read as follows: follows:

"Section 6A. (a) The fees for license as a registered profes sional sanitarian, whether such license be by examination or reexamination or endorsement, and the fees for renewal or reinstate ment of such license, shall be as provided for applications for license in Section 6 of an Act approved April 18, 1975 (Ga. Laws 1975, p. 801), as now or hereafter amended.

(b) No refund of fees will be made.

(c) The license of every person licensed under the provisions of the Act shall be renewed biennially except as hereinafter pro vided. Procedure for renewal shall be clearly defined by the board in rules and regulations promulgated by the board.

(d) Renewal fee shall not be required as long as the registered professional sanitarian does not practice as such or is a resident of another State. Should the registered professional sanitarian wish to resume practice after a period of not practicing as such, or after residence out of Georgia, application should be made and the re newal fee paid. If the applicant has not practiced as a registered professional sanitarian for two (2) or more years just prior to his application for renewal he shall present, along with such application, a validation of successful completion of a board-approved refresher course or other specific training in environmental control."

Section 8. Said Act is further amended by adding following Section 6A a new Section to be designated Section 6B, to read as follows:

"Section 6B. (a) An agency wishing to establish an education program at the college or university level in environmental health or control shall submit to the board a written plan of organization including the following:

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(1) the purposes and objectives of the program:

(2) the composition, power, duties, and responsibilities of the governing body of the program;

(3) the financial plan for operation;

(4) the titles and duties of the members of the faculty and the qualifications of each;

(5) the proposed curriculum and the plan for its administra tion;

(6) the resources available, such as other agencies, etc., affili ated with or in connection with which the program will be con ducted ;

(7) the standards to be met by the students; and

(8) such other written evidence in accordance with the require ment for accreditation as prescribed by the board and set forth in rules and regulations adopted by the board.

(b) The board shall cause to be conducted a general survey of the proposed educational program at the college or university level and facilities and a written report of the survey shall be submitted to the board which shall consider the application and take action at a regular or called meeting of the board.

(c) Establishment of an education program at the college or university level in environmental health or control shall be con tingent on a periodic review by the board as set forth in rules and regulations adopted by the board with the advice of the advisory council."

Section 9. Said Act is further amended by striking Section 8 in its entirety, which reads as follows:

"Section 8. The license granted under this Act shall be valid from July 1 until the following June 30. Each license shall be re newed annually on or before July 1. Application for renewal of licenses shall be accompanied by the renewal fee of $3.00.",

and substituting in lieu thereof a new Section 8, to read as follows:

"Section 8. The practice as a registered professional sanitarian by any person who is not licensed under provisions of this Act, or whose license has expired or has been suspended or revoked, is here by declared to be inimical to the public welfare and to constitute a public nuisance; provided, however, this Section shall not apply to practice as a registered professional sanitarian by persons whose employment is not prohibited under the provisions of Section 10 (b)

MONDAY, FEBRUARY 21, 1977

1117

of this Act. The board may, in the name of the State through the Attorney General, or through the District Attorney, apply for an injunction in any court of competent jurisdiction to enjoin any per son who has not been issued a license or whose license has expired or has been suspended or revoked, from practicing as a registered professional sanitarian and upon the filing of a verified petition in such court, the court, if satisfied by affidavit, or otherwise, that such person is or has been practicing as a registered professional sanitarian without having been issued a license, or after his license has expired or has been suspended or revoked, may issue a tempo rary injunction enjoining the defendant from further practice as a registered professional sanitarian. The relief provided by this Section shall be in addition to, and not in lieu of, all penalties and remedies otherwise provided by laws."
Section 10. Said Act is further amended by striking Section 10 in its entirety, which reads as follows:
"Section 10. No person shall be employed as or represent him self to be a 'Registered Professional Sanitarian,' as defined herein, unless he holds a license under the provisions of this Act; provided, however, that this Act shall not prohibit the employment of a person who is a college graduate as defined in Section 6 of this Act, as trainees to become a 'Registered Professional Sanitarian,' or the employment of sanitary aides, inspectors, and similar employees.",

and substituting in lieu thereof a new Section 10, to read as follows:

"Section 10. (a) No person shall be employed as or represent himself to be a 'Registered Professional Sanitarian,' as defined here in or use the abbreviations 'RPS' or 'RS'; unless he holds a license under the provisions of this Act.

(b) This Act shall not prohibit

(1) the employment of a sanitarian intern/trainee until com pletion of an officially recognized training program. Officially rec ognized training program means a training program covering spe cific environmental health and control subjects and instructions by or under supervision of recognized environmental control author ities; or

(2) the practice of any legally qualified registered professional sanitarian of another state who is employed by the United States Government or any bureau, division, or agency thereof, while in the discharge of his or her official duties.

(3) the employment of nonprofessional environmental health personnel; provided, that they will be under the direct supervision of a registered professional sanitarian or registered professional engineer.

(4) the employment of qualified scientific-technical personnel by any State agency."

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Section 11. Said Act is further amended by striking Section 11 in its entirety, which reads as follows:

"Section 11. Any person who is employed as a sanitarian or who is performing the duties of a sanitarian on the date this Act becomes law and is qualified in accordance with the provisions of Section 6 thereof shall be granted a license as a 'Registered Profes sional Sanitarian' upon payment of the prescribed application fee without the necessity of standing an examination. Any person who is so employed on the effective date of this Act but is not so qualified shall be granted a license as a 'Registered Professional Sanitarian' when he shall have completed eight (8) years of on the job training and experience or shall have passed the prescribed examination and have completed not less than two years of on the job training. Appli cation for licenses under this Section shall be made within one year of the effective date of this Act, or within one year from the date the sanitarian becomes eligible therefor; provided, however, that no license under this Section shall be granted after July 1,
1965."

Section 12. Said Act is further amended by striking Section 13, which reads as follows:

"Section 13. Anyone who shall falsely represent himself to be a registered professional sanitarian or who shall accept or continue in the employment as such and perform the duties thereof without them being the holder of a valid license as provided for herein shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as provided by law.",

and substituting in lieu thereof a new Section 13, to read as follows:

"Section 13. (a) It shall be unlawful for any person (in cluding any corporation, agency, association or individual) to

(1) sell or fraudulently obtain or furnish any registered pro fessional sanitarian license, renewal or record or aid or abet therein.

(2) practice as a registered professional sanitarian as defined by this Act under cover of any license or record illegally or fraud ulently obtained or signed or issued unlawfully or under fraudulent representation.

(3) practice as a registered professional sanitarian as defined by this Act unless duly licensed to do so under provisions of this Act.

(4) use in connection with his name any designation tending to imply that he is a registered professional sanitarian or hold himself out or otherwise represent himself as a registered professional sani tarian unless duly licensed so to practice under the provisions of
this Act.

(5) practice as a registered professional sanitarian during the

MONDAY, FEBRUARY 21, 1977

1119

time his license issued under the provisions of this Act shall have expired or shall have been suspended or revoked.

(6) establish an environmental health or control program or positions that may attempt to circumvent the requirements of this Act.
(7) employ any person as a sanitarian trainee or as a sani tarian, who has not met the educational requirements for registra tion as a registered professional sanitarian under the provisions of this Act or who is not exempt from such requirements under the provisions of this Act.
(8) be employed as a sanitarian trainee without having met the educational requirements for registration as a registered pro fessional sanitarian under the provisions of this Act or without being exempt from such requirements.
(9) otherwise violate any provisions of this Act.
(b) Any person violating the provisions of subsection (a) shall be guilty of a misdemeanor and, upon conviction thereof, for a first offense shall be punished by a fine of not less than $500' nor more than $1,000, and for each subsequent offense shall be punished by a fine of $1,000 or by imprisonment for no more than one (1) year or by both fine and imprisonment."
Section 13. Said Act is further amended by striking Section 13A in its entirety, which reads as follows:
"Section 13A. It shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educa tional requirements for registration as a Registered Professional Sanitarian under the provisions of this Act or who is exempt from such requirements under the provisions of Section 11 of this Act. No person shall hold himself out or otherwise represent himself as a sanitarian unless he holds a valid license as a Registered Pro fessional Sanitarian in accordance with the provisions of this Act. 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."
Section 14. 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:

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Those voting in the affirmative were Senators:

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

Evans Pincher Poster Gillis Greene Holloway Howard Johnson Kennedy Kidd Langford Lester Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative were Senators Doss and McGill.

Those not voting were Senators:

Duncan Hill Hudgins

Hudson Pearce

Stumbaugh Traylor

On the passage of the bill, the yeas were 47, nays 2.

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

HB 145. By Representatives Karrh of the 106th, Evans of the 84th, Owens of the 77th and others:
A bill to add one additional judge to the Superior Courts of the Middle Judicial Circuit of Georgia; to provide for the appointment of the initial additional judge and his term of office; to provide for the sub sequent election and term of office of said judge.
Senator Sponsor: Senator Brown of the 47th.
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:

Allgood Ballard Banks Barker

Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell

MONDAY, FEBRUARY 21, 1977

1121

Dean of 6th Eldridge English Evans Pincher Poster Gillis Greene Holloway Howard Johnson Kennedy

Kidd Langford Lester McGill Overby Paulk Reynolds Riley Robinson Russell Scott Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Doss.

Those not voting were Senators :

Dean of 31st Duncan Hxill

Hudgins Hudson

Pearce Traylor

On the passage of the bill, the yeas were 48, nays 1.

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

HB 156. By Representatives Clark, Milford and Mann of the 13th:
A bill to add one additional judge of the superior courts of Northern Judicial Circuit of Georgia; to provide for the appointment of the first additional judge and for the election of successors to such judge; to prescribe the powers of said judge.
Senate Sponsor: Senator English of the 21st.

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 :

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Eldridge English Evans Fincher Foster Gillis Greene Holloway Howard

Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley Robinson

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Russell Scott Shapard Starr Stephens

Stumbaugh Summers Sutton Tate Thompson

Timmons Turner Tysinger Walker Wessels

Voting in the negative was Senator Doss.

Those not voting were Senators:

Dean of 31st Duncan Hill

Hudgins Hudson

Pearce Traylor

On the passage of the bill, the yeas were 48, nays 1.

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

HB 202. By Representative Taggart of the 125th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act" so as to change the requirements relating to the issuance of a replacement certificate of title.
Senate Sponsor: Senator Banks of the 17th.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Doss Eldridge English Evans

Fincher Foster Gillis Greene Holloway Howard Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

MONDAY, FEBRUARY 21, 1977

1123

Those not voting were Senators:

Brown of 47th Dean of 31st Duncan

Hill Hudgins Hudson

Pearce Traylor

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Dean of the 31st moved to postpone the following bill of the House until February 22:

HB 509. By Representatives Kilgore of the 65th, Murphy of the 18th, Cooper, Kaley and Wilson of the 19th and others:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 509 was postponed until February 22.

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:

HB 571. By Representatives Lambert of the 112th, Carlisle of the 71st and Murray of the 116th:
A bill to provide for establishment and operation of a State tourist center within the general vicinity or area of the domestic residence of any citizen of this State elected President of the United States; to pro vide for its establishment and operation by the Department of Industry and Trade, at the direction of the Governor; to provide for an effective date.
Senate Sponsor: Senator Carter of the 14th.

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 :

Allgood Ballard Banks Barker

Barnes Bell Bond Brantley

Broun of 46th Carter Coverdell Dean of 6th

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Dean of 31st Doss Eldridge English Evans Fincher Foster Gillis Greene Holloway Howard Johnson Kennedy

Kidd Langford Lester McGill Overby Paulk Reynolds Riley Robinson Russell Scott Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Brown of 47th Duncan
Hill

Hudgins Hudson

Pearce Traylor

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

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

HR 35. By Representatives Richardson of the 52nd, Hawkins of the 50th, Sizemore of the 136th and others:
A resolution creating the Troubled Children Study Committee.
Senator Sponsor: Senator Broun of the 46th.

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:

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

Eldridge English Evans Fincher Foster Gillis Greene Holloway Howard Johnson Kennedy Kidd Langford Lester

McGill Overby Paulk Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton

MONDAY, FEBRUARY 21, 1977

1125

Tate Thompson Timmons

Turner Tysinger

Walker Wessels

Those not voting were Senators:

Brown of 47th Duncan Hill

Hudgins Hudson

Pearce Traylor

On the adoption of the resolution, the yeas were 49, nays 0.

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

SB 277. By Senator Holloway of the 12th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to change the provisions relating to inactive status for brokers and associate brokers; to change the provisions re lating to the issuance of checks which are returned unpaid.

Senator Doss of the 52nd moved that he be excused from voting on SB 277, stating that he had a personal interest in the results.

On the motion, the yeas were 32, nays 6; the motion prevailed, and Senator Doss of the 52nd was excused from voting on SB 277.

Senator Ballard of the 45th moved that he be excused from voting on SB 277, stating that he had a personal interest in the results.

On the motion, the yeas were 27, nays 3; the motion prevailed, and Senator Ballard of the 45th was excused from voting on SB 277.

Senator Reynolds of the 48th moved that he be excused from voting on SB 277, stating that he had a personal interest in the results.

On the motion, the yeas were 30, nays 3; the motion prevailed, and Senator Reynolds of the 48th was excused from voting on SB 277.

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:

Allgood Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Eldridge Evans Fincher

Foster Gillis Greene Holloway Howard Hudgins Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard (excused) Brown of 47th Doss (excused) Duncan

English Hill Hudson Johnson

Reynolds (excused) Russell
Traylor

On the passage of the bill, the yeas were 45, nays 0.

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

Senator Coverdell of the 40th moved to postpone the following bill of the House until February 22:

HB 128. By Representatives Snow of the 1st and Carnes of the 43rd:
A bill to amend an Act providing retirement benefits for the clerks of the Superior Courts of Georgia, so as to provide for the collection of additional legal costs in each civil suit, action, case or proceeding; to provide for the disposition of such costs; to provide that such costs and fees shall be remitted to the board.

On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 128 was postponed until February 22.

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

TUESDAY, FEBRUARY 22, 1977

1127

Senate Chamber, Atlanta, Georgia Tuesday, February 22,1977

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Holloway of the 12th, President Pro Tempro.

Senator Johnson of the 34th 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 880. By Representative Clifton of the 107th:
A bill to repeal and replace the Charter of the Town of Hardwicke in the County of Bryan; to create a new Charter for said town; to pre scribe the corporate limits of said town; to provide for the government of said town; to enumerate the corporate powers of the town.

HB 882. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act incorporating the City of Warner Robins, as amended, so as to change the corporate limits of said city.

HB 884. By Representative Reaves of the 147th:
A bill to amend an Act creating the County Court of Echols County, as amended, so as to change the minimum and maximum amounts al lowed to the judge of said court.

HB 885. By Representatives Milford and Mann of the 13th:
A bill to create a new charter for the Town Bowersville in the County of Hart; to provide for incorporation; to provide for corporate boun daries; to provide for specific and general powers and the construction and exercise thereof.

HB 886. By Representative Reaves of the 147th:
A bill to provide for a supplement to the compensation of the Clerk of the Superior Court of Echols County; to authorize the governing au-

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thority of Echols County to increase the amount of such supplement; to provide for other matters relative to the foregoing.

HB 887. By Representative Reaves of the 147th:
A bill to provide for a supplement to the compensation of the Judge of the Probate Court of Echols County; to authorize the governing au thority of Echols County to increase the amount of such supplement; to provide for other matters relative to the foregoing.

HB 893. By Representatives Carlisle and Mostiler of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd:
A bill to amend an Act reincorporating the City of Fayetteville in the County of Fayette, as amended, so as to change the provisions relative to the jurisdiction of the recorder's court of said city.
HB 895. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County approved Dec. 18, 1819, as amended, so as to authorize the Judge of the Probate Court of Chatham County to preside as judge pro hac vice in the State Court of Chatham County.
HB 896. By Representatives Looper and Anderson of the 8th:
A bill to amend an Act placing the Sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff; to provide an effective date.
HB 897. By Representatives Looper and Anderson of the 8th:
A bill to provide for an elected Board of Education of Dawson County; to provide for the numbering of positions on the Board; to provide for the election of the members of said Board; to provide for filling va cancies on the Board; to provide for a Chairman of the Board.
HB 898. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to create a public corporation to be known as Downtown Athens Development Authority, pursuant to an amendment to the Constitution as contained in Georgia Laws 1975, p. 1698, and amended by the Georgia Laws 1976, p. 1912; to provide for the powers, duties, and responsibilities of said Authority.

HB 900. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County, as amended, so as to change the provisions relating to costs and deposits in the State Court of Chatham County.

TUESDAY, FEBRUARY 22, 1977

1129

HB 907. By Representative Reaves of the 147th:
A bill to provide for the compensation of the county clerk in all counties of this State having a population of 2,000 or less, according to the U. S. Decennial Census of 1970 or any future such census; to provide for payment from county funds; to provide an effective date.

HB 908. By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Quitman, as amended, so as to change the salary of the members and chairman of the board of commissioners; to provide an effective date.

HB 911. By Representatives Carlisle and Mostiler of the 71st, and Benefield, Johnson, Wood and Lee of the 72nd:
A bill to amend an Act creating a Board of Commissioners for Fayette County so as to redesignate the members of the board elected from the county at large as the members from Road Districts No. 4 and No. 5.

HB 100. By Representatives Hatcher of the 131st, Russell of the 64th, Keyton of the 143rd and others:
A bill to amend Code Section 92-3123, relating to income taxes due for members of armed forces upon death, so as to provide procedures for the determination of the date of death of members of the armed forces who are missing.

HB 320. By Representatives Snow of the 1st, Karrh of the 106th, Irvin of the 23rd and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to provide for full and fair disclosure in connection with takeover bids made for the securities of certain domestic and foreign corporations; to define certain terms including "offerer", "takeover bid" and "offeree company".

HB 321. By Representatives Irvin of the 23rd, Snow of the 1st and Karrh of the 106th:
A bill to amend Code Title 22, relating to corporations, as amended, so as to require that a corporate name not contain any word or phrase which indicates or implies anything which is obscene.

HB 352. By Representatives McKinney of the 35th, Walker of the 115th, Butler of the 56th and others:
A bill to amend Code Section 59-202, relating to the number of grand jurors, as amended, so as to provide for two alternate grand jurors; to prescribe conditions under which such alternate grand jurors may serve.

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JOURNAL OF THE SENATE,

HB 512. By Representatives Butler of the 56th and Deveaux of the 28th:
A bill td amend Code Chapter 68A-11 relating to miscellaneous rules of the road, as amended, so as to provide that no person shall operate a motor vehicle while wearing certain devices; to repeal a specific Act.

HB 536. By Representatives Burruss and Housley of the 21st, Kaley, Wilson and Cooper of the 19th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exempt from the tax levied by said Act certain sales by religious institutions or denomina tions.

HB 541. By Representatives Games and Greer of the 43rd:
A bill to amend Code Section 57-116 relating to the legal rate of interest on loans to be repaid in monthly, quarterly or yearly install ments, so as to provide that such loans shall not be subject to the Georgia Industrial Loan Act, as now or hereafter amended.

HB 559. By Representative Evans of the 84th:
A bill to amend an Act known as the Uniform Reciprocal Enforcement of Support Act, as amended, so as to provide for the determination of paternity; to provide authority for blood tests; to provide for the selection of experts.

HB 605. By Representatives Lambert of the 112th, Knight of the 67th, Phillips of the 120th 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 financing Cooperative Educational Service Agencies; to provide an effective date.

HB 606. By Representatives Ross of the 76th, Carrell of the 75th, Hawkins of the 50th and others:
A bill to amend an Act known as the "Georgia Professional Standards Act" so as to change provisions relating to services performed by mem bers of the Professional Standards Commission; to change provisions relating to the employment of administrative assistance.

HB 743. By Representative Irvin of the 23rd:
A bill to amend an Act providing for the orderly and proper cancellation of instruments so as to authorize and require any one or more of the grantees of a security interest, or their successors in interest, to execute a satisfaction or cancellation of such instrument under certain condi tions.

TUESDAY, FEBRUARY 22, 1977

1131

HB 770. By Representative Logan of the 62nd:
A bill to amend Code Section 84-102, relating to the salary, term and office of the Joint-Secretary, State Examining Boards, expenses of board meetings, clerks and employees, time and place of meetings, as amended, so as to authorize boards to conduct certain hearings at a site other than the Capitol under certain circumstances.

HB 827. By Representatives Phillips of the 120th, Greene of the 138th, Nessmith of the 82nd and others:
A bill to amend Code Chapter 92-31, relative to the imposition, rate and computation of State income taxes and exemptions therefrom as amended, so as to provide for a tax credit for household and dependent care ex penses.

SB 38. By Senators McGill of the 24th, Turner of the 8th and English of the 21st:
A bill to amend an Act prohibiting the feeding of garbage to swine, so as to deem providers of garbage also culpable and responsible for the feeding of garbage to swine by persons, firms, partnerships, corpora tions, associations agencies, departments or other entities in violation of the aforesaid Acts.

SB 92. By Senator Broun of the 46th: A bill to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation and expenses of members of the Board of Regents; to change the maximum number of days for which a member may receive expenses.
SB 275. By Senator McGill of the 24th: A bill to amend an Act creating a new charter for the City of Washing ton, as amended, so as to change the penalty provisions relating to the violation of ordinances and resolutions.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 77. By Representative McDonald of the 12th: A bill to amend an Act known as the "Georgia Firefighter Standards and Training Act", so as to provide that the Georgia Firefighter Standards and Training Council shall be assigned to the Department of Public Safety; to provide for funding in connection therewith.
HB 728. By Representatives Carlisle and Mostiler of the 71st and others: A bill to create and establish a Small Claims Court in and for Fayette County Georgia, to be known as the Small Claims Court of Fayette

1132

JOURNAL OF THE SENATE,

County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

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

SB 333. By Senator Barker of the 18th:
A bill to amend Code Title 51, relating to homestead and exemptions, as amended, so as to provide for property exempt from levy, sale, at tachment, garnishment, foreclosure and divestment under process; to enumerate exempt items; to provide for tracing of exempt property. Referred to Committee on Banking, Finance and Insurance.

SB 334. By Senator Bond of the 39th:
A bill to amend Title 56 of the Code of Georgia of 1933, as amended, so as to provide a new Chapter relating to health maintenance organiza tions; to provide a citation and a statement of legislative purpose; to provide certain definitions; to provide for establishment of health maintenance organizations.
Referred to Committee on Human Resources.

Senator Wessels of the 2nd made the following motion: Mr. President: I move that the Senate grant me permission to introduce the following bill:

SB 335. By Senators Wessels of the 2nd, Riley of the 1st and Johnson of the 34th:
A bill to amend an Act known as the Georgia Administrative Procedure Act, as amended, so as to provide that in any case before the Public Service Commission in which a party files a written request for a tran script of an oral proceeding in any contested case, the Public Service Commission shall not render a decision in such case until such transcript has been furnished and until the party requesting such transcript has been afforded a reasonable opportunity to introduce additional testimony or evidence in such case.

I ask permission of the Senate because SB 232, involving the same subject matter, was previously rejected by the Senate.

On the motion, the yeas were 39, nays 0; the motion, having received the requisite two-thirds majority, prevailed, and permission was granted.

SB 335 was referred to the Committee on Public Utilities.

TUESDAY, FEBRUARY 22, 1977

1133

SB 336. By Senator English of the 21st:
A bill to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, so as to au thorize the Sheriff of Warren County to appoint deputy sheriffs. Referred to Committee on County and Urban Affairs.

SB 337. By Senators Foster of the 50th, Allgood of the 22nd and Barnes of the 33rd:
A bill to amend Code Chapter 67-20, relating to mechanics and materialmen's liens, as amended, so as to provide an additional method for dis charging a lien. Referred to Committee on Banking, Finance and Insurance.

SB 338. By Senator Langford of the 51st:
A bill to provide for actions to resolve the State's long-term primary materials and energies shortages; to provide a short title; to create the Georgia Materials and Energy Authority; to provide for the Authority's composition and organization; to provide powers of the Authority. Referred to Committee on Higher Education.

SB 339. By Senator Langford of the 51st:
A bill to provide for organization and implementation of the State's presence in the Near and Middle East for certain purposes; to provide a short title; to create the Georgia Near and Middle Eastern Commis sion; to provide for the Commission's composition and organization.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 340. By Senators Walker of the 19th, Allgood of the 22nd, Banks of the 17th and others:
A bill to amend Code Chapter 24-26, relating to judges of the superior courts, as amended, so as to provide for the attendance by superior court judges elect and superior court judges designate at educational seminars and programs.
Referred to Committee on Judiciary.

SR 115. By Senators Foster of the 50th and Gillis of the 20th:
A resolution urging the Department of Natural Resources to make a study to determine methods for the more effective control of beavers. Referred to Committee on Natural Resources and Environmental Quality.
SR 116. By Senators Sutton of the 9th and Turner of the 8th:
A resolution urging the Department of Natural Resources and the De partment of Transportation to place a historical marker in Reed Bingham State Park. Referred to Committee on Natural Resources and Environmental Quality.

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JOURNAL OF THE SENATE,

SR 117. By Senator Ballard of the 45th:
A resolution endorsing the jobs and education programs of the National Alliance of Businessmen. Referred to Committee on Industry, Labor and Tourism.

SR 118. By Senators Wessels of the 2nd and 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 Southern Natural Gas Company, a Delaware corporation domesticated in the State of Georgia, its successors and assigns, easements in, over, under, across and through certain property owned by the State of Georgia and located in Chatham County, Georgia.
Referred to Committee on Public Utilities.

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

HB 880. By Representative Clifton of the 107th:
A bill to repeal and replace the Charter of the Town of Hardwicke in the County of Bryan; to create a new Charter for said town; to prescribe the corporate limits of said town; to provide for the government of said town; to enumerate the corporate powers of the town. Referred to Committee on County and Urban Affairs.

HB 882. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act incorporating the City of Warner Robins, as amended, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 884. By Representative Reaves of the 147th:
A bill to amend an Act creating the County Court of Echols County, as amended, so as to change the minimum and maximum amounts al lowed to the judge of said court. Referred to Committee on County and Urban Affairs.

HB 885. By Representatives Milford and Mann of the 13th:
A bill to create a new charter for the Town of Bowersville in the County of Hart; to provide for incorporation; to provide for corporate boun daries; to provide for specific and general powers and the construction and exercise thereof. Referred to Committee on County and Urban Affairs.

HB 886. By Representative Reaves of the 147th: A bill to provide for a supplement to the compensation of the Clerk of

TUESDAY, FEBRUARY 22, 1977

1135

the Superior Court of Echols County; to authorize the governing au thority of Echols County to increase the amount of such supplement; to provide for other matters relative to the foregoing.
Referred to Committee on County and Urban Affairs.

HB 887. By Representative Reaves of the 147th:
A bill to provide for a supplement to the compensation of the Judge of the Probate Court of Echols County; to authorize the governing authority of Echols County to increase the amount of such supplement; to provide for other matters relative to the foregoing. Referred to Committee on County and Urban Affairs.
HB 893. By Representatives Carlisle and Mostiler of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd:
A bill to amend an Act reincorporating the City of Fayetteville in the County of Fayette, as amended, so as to change the provisions relative to the jurisdiction of the recorder's court of said city. Referred to Committee on County and Urban Affairs.
HB 895. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County approved Dec. 18, 1819, as amended, so as authorize the Judge of the Probate Court of Chatham County to preside as judge pro hac vice in the State Court of Chatham County. Referred to Committee on County and Urban Affairs.
HB 896. By Representatives Looper and Anderson of the 8th:
A bill to amend an Act placing the Sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 897. By Representatives Looper and Anderson of the ^th:
A bill to provide for an elected Board of Education of Dawson County; to provide for the numbering of positions on the Board; to provide for the election of the members of said Board; to provide for filling vacancies on the Board; to provide for a Chairman of the Board. Referred to Committee on County and Urban Affairs.

HB 898. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to create a public corporation to be known as Downtown Athens Development Authority, pursuant to an amendment to the Constitution as contained in Ga. Laws 1975, p. 1698, and amended by the Ga. Laws

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JOURNAL OF THE SENATE,

1976, p. 1912; to provide for the powers, duties, and responsibilities of said Authority.
Referred to Committee on County and Urban Affairs.

HB 900. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County, as amended, so as to change the provisions relating to costs and deposits in the State Court of Chatham County. Referred to Committee on County and Urban Affairs.

HB 907. By Representative Reaves of the 147th:
A bill to provide for the compensation of the county clerk in all counties of this State having a population of 2,000 or less, according to the U. S. Decennial Census of 1970 or any future such census; to provide for payment from county funds; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 908. By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Quitman, as amended, so as to change the salary of the members and chairman of the board of commissioners; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 911. By Representatives Carlisle and Mostiler of the 71st, and Benefield, Johnson, Wood and Lee of the 72nd:
A bill to amend an Act creating a Board of Commissioners for Fayette County so as to redesignate the members of the board elected from the county at large as the members from Road Districts No. 4 and No. 5. Referred to Committee on County and Urban Affairs.

HB 100. By Representatives Hatcher of the 131st, Russell of the 64th, Keyton of the 143rd and others:
A bill to amend Code Section 92-3123, relating to income taxes due for members of armed forces upon death, so as to provide procedures for the determination of the date of death of members of the armed forces who are missing. Referred to Committee on Banking, Finance and Insurance.

HB 320. By Representatives Snow of the 1st, Karrh of the 106th, Irvin of the 23rd and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to provide for full and fair disclosure in connection with takeover bids made for the securities of certain domestic and foreign corpora-

TUESDAY, FEBRUARY 22, 1977

1137

tions; to define certain terms including "offerer", "takeover bid" and "offeree company".
Referred to Committee on Judiciary.

HB 321. By Representatives Snow of the 1st, Irvin of the 23rd and Karrh of the 106th:
A bill to amend Code Title 22, relating to corporations, as amended, so as to require that a corporate name not contain any word or phrase which indicates or implies anything which is obscene. Referred to Committee on Judiciary.

HB 352. By Representatives Deveaux of the 28th, Scott of the 37th, McKinney of the 35th and others:
A bill to amend Code Section 59-202, relating to the number of grand jurors, as amended, so as to provide for two alternate grand jurors; to prescribe conditions under which such alternate grand jurors may serve. Referred to Committee on Judiciary.

HB 512. By Representatives Butler of the 56th and Deveaux of the 28th:
A bill to amend Code Chapter 68A-11 relating to miscellaneous rules of the road, as amended, so as to provide that no person shall operate a motor vehicle while wearing certain devices; to repeal a specific Act. Referred to Committee on Transportation.

HB 536. By Representatives Burruss and Housley of the 21st, Kaley, Wilson and Cooper of the 19th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exempt from the tax levied by said Act certain sales by religious institutions or denominations. Referred to Committee on Banking, Finance and Insurance.

HB 541. By Representatives Carnes and Greer of the 43rd:
A bill to amend Code Section 57-116 relating to the legal rate of interest on loans to be repaid in monthly, quarterly or yearly installments, so as to provide that such loans shall not be subject to the Ga. Industrial Loan Act, as now or hereafter amended. Referred to Committee on Banking, Finance and Insurance.
HB 559. By Representative Evans of the 84th:
A bill to amend an Act known as the Uniform Reciprocal Enforcement of Support Act, as amended, so as to provide for the determination of paternity; to provide authority for blood tests; to provide for the selec tion of experts. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 605. By Representatives Lambert of the 112th, Knight of the 67th, Clark of the 13th 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 financing Cooperative Educational Service Agencies; to provide an effective date. Referred to Committee on Education.

HB 606. By Representatives Lambert of the 112th, Ross of the 76th, Carrell of the 75th and others:
A bill to amend an Act known as the "Georgia Professional Standards Act" so as to change provisions relating to services performed by mem bers of the Professional Standards Commission; to change provisions relating to the employment of administrative assistance. Referred to Committee on Education.

HB 743. By Representative Irvin of the 23rd:
A bill to amend an Act providing for the orderly and proper cancellation of instruments so as to authorize and require any one or more of the grantees of a security interest, or their successors in interest, to execute a satisfaction or cancellation of such instrument under certain condi tions. Referred to Committee on Judiciary.

HB 770. By Representative Logan of the 62nd:
A bill to amend Code Section 84-102, relating to the salary, term and office of the Joint-Secretary, State Examining Boards, expenses of board meetings, clerks and employees, time and place of meetings, as amended, so as to authorize boards to conduct certain hearings at a site other than the Capitol under certain circumstances.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 827. By Representatives Phillips of the 120th, Greene and Stone of the 138th and others:
A bill to amend Code Chapter 92-31, relative to the imposition, rate and computation of State income taxes and exemptions therefrom, as amended, so as to provide for a tax credit for household and dependent care expenses. 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:

TUESDAY, FEBRUARY 22, 1977

1139

Mr. President:

Your Committee on Agriculture 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 566. Do pass.
Respectfully submitted, Senator McGill of the 24th District, Chairman

Senator Lester of the 23rd 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 257. Do pass. SB 258. Do pass. SB 279. Do pass. SB 331. Do pass. HB 406. Do pass. HB 513. Do pass. HB 628. Do pass by substitute.
Respectfully submitted, Senator Lester of the 23rd District, Chairman

Senator Sutton of the 9th 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 recommentions:
SB 328. Do pass. SB 332. Do pass. HB 399. Do pass. HB 474. Do pass. HB 733. Do pass. HB 739. Do pass.

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JOURNAL OF THE SENATE,

HB 825. Do pass. HB 834. Do pass. HB 835. Do pass. HB 838. Do pass. HB 841. Do pass. HB 842. Do pass. HB 843. Do pass. HB 844. Do pass. HB 847. Do pass. HB 850. Do pass. HB 853. Do pass. HB 854. Do pass. HB 855. Do pass. HB 856. Do pass. HB 857. Do pass. HB 859. Do pass. HB 861. Do pass. HB 862. Do pass. HB 864. Do pass. HB 865. Do pass. HB 877. Do pass. SR 75. Do pass.

Respectfully submitted, Senator Sutton of the 9th District, Chairman

Senator Russell of the 10th 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 702. Do pass. Respectfully submitted, Senator Russell of the 10th District, Chairman

TUESDAY, FEBRUARY 22, 1977

1141

Senator Howard of the 42nd 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 and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 287. Do pass.
SB 300. Do pass.
SR 92. Do pass by substitute.
SR 94. Do pass by substitute.
Respectfully submitted, Senator Howard of the 42nd District, Chairman

Senator Howard of the 42nd 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 280. Do pass as amended. SB 281. Do pass as amended. SB 282. Do pass as amended.
Respectfully submitted, Senator Howard of the 42nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 56. Do pass. SB 64. Do pass.
SB 75. Do pass by substitute. SB 91. Do pass by substitute.
SB 267. Do pass.

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JOURNAL OF THE SENATE,

SB 317. Do pass. SR 50. Do pass. SR 103. Do pass by substitute. HB 221. Do pass. HB 225. Do pass. HB 572. 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 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 :
HB 294. Do pass. HB 295. Do pass. HB 626. Do pass by substitute. SB 303. Do pass by substitute.
HB 590. Do pass as amended. Respectfully submitted, Senator Gillis of the 20th 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 resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 114. Do pass as amended. 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:

TUESDAY, FEBRUARY 22, 1977

1143

Your Committee on Rules has had under consideration the following resolu tion of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 116. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

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

HB 311. By Representatives Colwell and Twiggs of the 4th, Rainey of the 135th and others:
A bill to amend an Act known as the "Conservation Ranger Act" ap proved April 19, 1973, as amended, so as to provide for pay grades for wildlife technicians.

The following local, uncontested bills and resolutions of the Senate and House were read the third time and put upon their passage:

SB 302. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary, as amended, so as to change the provisions relating to deputy sheriffs, radio operators, jailers and secretaries, 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 49, nays 0.

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

SB 305. By Senator Traylor of the 3rd:
A bill to create and establish a Small Claims Court in and for Bryan 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 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.

1144

JOURNAL OF THE SENATE,

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

SB 306. 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.

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 307. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to amend an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to delegate certain authority for amending the Act to the governing authority of Cobb County.

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

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

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

SB 316. By Senator Traylor of the 3rd:
A bill to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint de positories for county funds; to provide for the clerk of the board of commissioners to exercise certain duties; to provide that the clerk cannot hold other elective or appointive public 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.

TUESDAY, FEBRUARY 22, 1977

1145

HB 127. By Representatives Home of the 104th, Birdsong of the 103rd, Randall of the 101st and others:
A bill to provide for the recall of members of the Board of Commission ers of Bibb County, Georgia; to provide for procedures for recall; to provide for elections; to provide limitations of periods of time during which elections may be held.

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 553. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act abolishing the fee system as the mode of com pensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960, as amended.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 553:
A BILL
To be entitled an Act to amend an Act abolishing the fee system as the mode of compensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. Laws 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2210), and by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3985), so as to change the compensation of the Clerk of the Superior Court of Spalding County, including compensation for his services as Clerk for the State Court of Spalding County; to change the compensation of the Sheriff of Spalding County, including compensation for his services as Sheriff of the State Court of Spalding County; to change the compensation of the Judge of the Probate Court of Spalding County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act abolishing the fee system as the mode of com pensation of certain county officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. Laws 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. Laws 1966, p. 2210), and by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3985), is hereby amended by striking Section 2 of said

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Act in its entirety and substituting in lieu thereof a new Section 2, which shall read as follows:

"Section 2. (a) From and after the first day of the month following the month in which the 1977 amendment of this Act shall become effective, the Clerk of the Superior Court of Spalding County, including his services as Clerk (or ex officio Clerk) of the State Court of Spalding County, shall be paid a salary at the rate of $15,840.00 per annum.
(b) From and after the first day of the month following the month in which the 1977 amendment of this Act shall become ef fective, the Sheriff of Spalding County, including his services as Sheriff of the State Court of Spalding County, shall be paid a salary at the rate of $18,000.00 per annum.

(c) Said salaries or compensation of each of the two afore said officers shall be be apportioned and payable for the remainder of the current year 1977 at said respective annual rates and shall be payable for all subsequent years at said respective annual rates."

Section 2. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3, which shall read as follows:

"Section 3. (a) From and after the first day of the month following the month in which the 1977 amendment of this Act shall become effective the Judge of the Probate Court of Spalding County, formerly known and designated as the 'Ordinary of Spalding County' shall be paid a salary of $15,200.00 per annum.

(b) Said salary or compensation shall be apportioned and pay able for the remainder of the current year 1977 at said respective annual rate and shall be payable for all subsequent years at said annual rate."

Section 3. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4, to read as follows:

"Section 4. In addition to the salary provided for herein for the Clerk of the Superior Court, Sheriff and Judge of the Probate Court, each of said officials shall be entitled to an annual sum of $150.00 for each four-year term or part of such term which he has completed."

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 49, nays 0, and the substitute was adopted.

TUESDAY, FEBRUARY 22, 1977

1147

The 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 49, nays 0.

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

HB 749. By Representative Lord of the 105th:
A bill to amend an Act abolishing the mode of compensating: the judge of the Probate Court of Washington County, known as the fee system, and providing in lieu thereof an annual salary, so as to change the compensation of said Judge and the method of fixing said 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 49, nays 0.

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

HB 766. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, as amended, so as to increase the salary of the clerk of the superior court.

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

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

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

HB 789. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to provide for the fiscal administration of the office of the Sheriff of Catoosa County; to provide for an annual budget; to provide for an annual salary for the sheriff; to provide for a fiscal year.

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 768. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to change the compensation and travel ex pense allowance of the commissioner; to provide an effective date.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 768:
A BILL
To be entitled an Act to amend an Act creating the office of Com missioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. Laws 1974, p. 2195), and an Act approved April 14, 1975 (Ga. Laws 1975, p. 2852), so as to change the compensation and travel ex pense allowance of the commissioner; 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 creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. Laws 1974, p. 2195), and an Act approved April 14, 1975 (Ga. Laws 1975, p. 2852), is hereby amended by striking from Section 9 the following:
"$15,000",
and substituting in lieu thereof the following:
"$17,500",
and by striking the following:
"$1,500",
and substituting in lieu thereof the following:
"$2,000",
and by striking the following:
", if the commissioner uses his own personal automobile",
so that when so amended, Section 9 shall read as follows:

TUESDAY, FEBRUARY 22, 1977

1149

"Section 9. The Commissioner of Catoosa County shall be paid an annual salary of $17,500, which shall be paid in equal monthly installments from the funds of Catoosa County. The commissioner shall also be paid the sum of $2,000 per year for traveling expenses outside and inside the county for official county business. The traveling expenses shall be paid in equal monthly installments from funds of Catoosa County. The commissioner may employ clerical assistance not to exceed $9,000 per annum to be paid from funds of Catoosa County. In the event the maximum allowance for clerical assistance is not needed for such purpose, the unused portion there of shall remain as part of the general funds of the county. The commissioner shall keep his office at the courthouse open from 9:00 a.m. to 5:00 p.m. each day Monday through Friday, except holidays, and from 9:00 a.m. until noon on Saturdays."

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.

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 49, 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 765. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to provide for hospitalization insurance for certain county elected officials; to provide for the cost of such insurance.

The Senate Committee on County and Urban Affairs offered the following substitute to HB 765:
A BILL
To be entitled an Act to amend an Act creating the office of Com missioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2375), so as to provide for hospitalization insurance for certain county elected officials; to provide for the cost

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JOURNAL OF THE SENATE,

of such insurance; 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 creating the office of 'Commissioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2375), is hereby amended by adding in the first sentence of Section HA thereof, after the words,

"elected officials",

the following:

"other than the clerk of the superior court, tax commissioner, judge of the probate court, sheriff, coroner and county commis sioner",

so that when so amended Section HA shall read as follows:
? "Section HA. The Commissioner shall provide hospitalization insurance for all employees, expect elected officials other than the clerk of the superior court, tax commissioners, judge of the probate court, sheriff, coroner and county commissioner, whose salaries are paid from county funds. Fifty percent (50%) of the cost of such insurance shall be paid from county funds, and fifty percent (50%) of the cost of such insurance shall be paid by the employee. Provided, however, the Commissioner may continue paying from the county treasury the entire cost of hospitalization insurance for persons employed in positions for which hospitalization insurance has been provided entirely from county funds prior to July 1, 1973."
Section 2. This Act shall become effective on July 1, 1977.
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 49, 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 49, nays 0.

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

TUESDAY, FEBRUARY 22, 1977

1151

HB 796. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th, Galer of the 97th and others:
A bill to amend an Act establishing the State Court of Muscogee County, as amended, so as to change the compensation of the Judge of the State Court, the solicitor of the State Court and the second Assistant Solicitor of the State 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 49, nays 0.

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

HB 797. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
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 Co lumbus and County of Muscogee, as amended, so as to change the compensation of the judge, clerk and marshal of said court.

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

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

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

HB 798. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the salary of the Judge of the Probate Court of Muscogee County, as amended, so as to change the salary 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 49, nays 0.

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

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JOURNAL OF THE SENATE,

HB 799. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax com missioner of said county, as amended, 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 49, nays 0.

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

HB 800. By Representatives Buck of the 96th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, as amended, so as to change the salary of the clerk of the superior 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 49, nays 0.

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

HB 801. By Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th and others:
A bill to amend an Act establishing the salary of the Sheriff of Muscogee County, as amended, so as to change the salary of the sheriff; to provide an effective date.

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

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

The bill, having received the requisite constitutional majority, was passed.
HB 810. By Representative Hudson of the 137th: A bill to create and establish a Small Claims Court in and for Ben Hill County; to prescribe the jurisdiction of said court; to prescribe the

TUESDAY, FEBRUARY 22, 1977

1153

pleadings and practices in said court; to provide for the appointment, duties, powers, qualifications and substitutions of the Judge of said wurt.

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 815. By Representatives Foster and Wheeler of the 152nd, and Stone and Greene of the 138th:
A bill to amend an Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, as amended, so as to change the compensation of the Judge and Solicitor of the State Court of Pierce 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 49, nays 0.

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

HB 818. By Representative Lord of the 105th:
A bill to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, as amended, 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 49, nays 0.

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

HB 828. By Representative Edwards of the 110th:
A bill to provide a new Charter for the City of Buena Vista in the County of Marion; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administra tive affairs of said City; to provide for a municipal court; to provide for elections.

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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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 829. By Representative Edwards of the 110th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, as amended, so as to provide that the County Commissioners of Marion County, Ga., shall be able to pay up to the amount charged for legal advertisements on publication of an itemized statement.
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 830. By Representative Edwards of the 110th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County, so as to change the compensation of the tax commissioner; to change the compensation of the secretary 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.
The bill, having received the requisite constitutional majority, was passed.
Senator Holloway of the 12th, President Pro Tempore, called of the morning roll call, and the following Senators answered to their names:

Those answering were Senators:

Allgood Ballard Banks Barker

Barnes Bell Bond Brantley

Brown of 47th Carter Coverdell Dean of 6th

TUESDAY, FEBRUARY 22, 1977

1155

Dean of 31st Doss Duncan
Eldridge English Evans Fincher Foster Gillis Greene Hill
Howard Hudgins Hudson

Johnson Kennedy Kidd
Langford Lester McGill Overby Paulk Pearce Reynolds Riley
Russell Robinson Scott

Shapard Starr Stephens
Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner
Tysinger Walker Wessels

Not answering were Senators Broun of 46th, excused conferee and Holloway, presiding.

Senator Kennedy of the 4th introduced the chaplain of the day, Reverend Lawrence "Larry" Meadors, pastor of the First Baptist Church, Claxton, Georgia, who offered prayer.

The following resolution of the Senate was read and adopted:
SR 119. By Senators Traylor of the 3rd and Gillis of the 20th: A resolution commending Mr. Gerald H. Achenbach.
SENATE RULES CALENDAR Tuesday, February 22, 1977
HB 128. Superior Court Clerk Retirement--additional legal cost in civil suit
HB 509. Douglas Judicial Circuit--create (AM) SB 194. Plumbing Installation Inspections--licensing of persons engaged in
(AM) SB 203. Public Employees' Unemployment Compensation--establish Trust
Fund SB 236. Geo. L. Smith II Georgia World Congress Center Authority--re
define powers SB 243. Open-To-Public Airports --licensing (AM) SB 244. Application for Federal Airport Development Funds--approved
by Transportation Department (AM) SB 284. Savannah Beach Alcoholic Beverage Sale--Sunday SB 310. Burglary--redefine crime SR 84. State-Operated Motor Vehicle Inspection Stations--urging study

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SR 91. Increase in Unemployment Tax under F.U.T.A.--urge reconsider HB 32. Clayton Judicial Circuit--additional judge HB 37. Operation of Farm Equipment--exemption from license HB 67. Alimony or Divorce--grant of attorney's fees HB 86. Absentee Ballots--Armed Forces members HB 203. Manufacture, Sale, Leasing Motor Vehicle--registration HB 205. National Guard--transfer of special motor vehicle tags HB 359. Lighted Lamps on Highways--when required (AM) HB 362. GBI Member--retain revolver and badge with "retired" affixed HB 457. Certain Traffic Offenses--number of points assessed HB 464. Transfer of Property Deeds--exempt tax certain conditions (AM) HB 481. Grand Jurors--qualifications HB 535. Registration of Motor Vehicles--rules & regulations on processing HB 552. Motor Vehicles License, Registration--define "motorized bicycle" HB 597. Peace Officers--registration of exempt peace officers

Respectfully submitted,

/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Senator Barnes of the 33rd moved that the following general bill of the House be postponed for one hour:

HB 128. By Representatives Snow of the 1st and Carnes of the 43rd:
A bill to amend an Act providing retirement benefits for the clerks of the Superior Courts of Georgia, so as to provide for the collection of additional legal costs in each civil suit, action, case or proceeding; to provide for the disposition of such costs; to provide that such costs and fees shall be remitted to the board.
On the motion, the yeas were 30, nays 1; the motion prevailed, and HB 128 was postponed for one hour.
The following general bill of the House, favorably reported by the com mittee, postponed on February 21 until February 22, was read the third time and put upon its passage:
HB 509. By Representatives Kilgore of the 65th, Murphy of the 18th, Cooper, Kaley and Wilson of the 19th and others:
A bill to create a new judicial circuit for the State of Georgia, to be

TUESDAY, FEBRUARY 22, 1977

1157

known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit.

The Senate Committee on Judiciary offered the following amendment: Amend HB 509 by striking on Page 3, line 1, the following: "summonses" and "processes",
and inserting in lieu thereof the following: "summons" and "process".

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 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:

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

Evans Fincher Foster Gillis Hill Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Brantley Coverdell Greene

Holloway (presiding) Hudgins Johnson

Summers Timmons

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

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Senator Dean of the 31st moved that HB 509 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 509 was immediately transmitted to the House.

Senator Kidd of the 25th introduced the doctor of the day, Dr. James Baugh, of Milledgeville, Georgia.

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

SB 194. By Senator Ballard of the 45th:
A bill to provide for the licensing and regulation of persons engaged in the practice of plumbing installation inspections; to provide the procedures connected therewith.

The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend SB 194 by inserting on Page 2, at the end of line 11, the following:
"Individual sewage disposal system including septic tank sys tems that are presently regulated by the Department of Human Re sources are specifically excluded from this Act. This Act does not preclude design, operational and inspectional professionals such as engineers, architects and sanitarians from performing their duties of design, approving materials or facilities, issuing permits, or in specting any of the above referenced facilities."

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 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:

Allgood Ballard Banks Barker Bell

Bond Broun of 46th Brown of 47th English Gillis

Hudson Kidd Lester McGill Pearce

TUESDAY, FEBRUARY 22, 1977

1159

Reynolds Riley Russell Scott

Starr Stephens
Summers Tysinger

Walker Wessels

Those voting in the negative were Senators:

Barnes Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Evans Fincher

Foster Greene Hill Howard Hudgins Kennedy Langford Overby Paulk

Robinson Shapard Stumbaugh Sutton Tate Thompson Timmons Traylor Turner

Those not voting were Senators :

Brantley Coverdell

Holloway (presiding)

Johnson

On the passage of the bill, the yeas were 25, nays 27.

The bill, having failed to received the requisite constitutional majority, was lost.

Senator Ballard of the 45th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 194.

SB 203. By Senators Ballard of the 45th, Hill of the 29th, Stephens of the 36th and others:
A bill to establish a Trust Fund to be known as the Public Employees' Unemployment Compensation Fund; to provide a short title; to provide for a Custodian; to provide that such fund shall not lapse any moneys; to provide for the investment of funds.

Senator Scott of the 43rd moved to commit SB 203 to the Committee on Industry, Labor and Tourism.

On the motion, 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:

Allgood Barnes Bell Broun of 46th Carter

Dean of 6th English Gillis Hudgins Kennedy

Lester Paulk Riley Robinson Scott

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JOURNAL OF THE SENATE,

Shapard Thompson Traylor

Turner Tysinger

Walker Wessels

Those voting in the negative were Senators:

Ballard Banks Barker Bond Brown of 47th Dean of 31st Doss Duncan Eldridge Evans

Fincher Foster
Greene Hill Howard Hudson Kidd Langford McGill

Overby Pearce Reynolds Russell Starr Stumbaugh Summers Sutton Timmons

Those not voting were Senators:

Brantley Coverdell

Holloway (presiding) Johnson

Stephens Tate

On the motion, the yeas were 22, nays 28; the motion was lost, and SB 203 was not committed to the Committee on Industry, Labor and Tourism.

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

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th
Carter Dean of 31st Doss Duncan Eldridge English
Evans Fincher

Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Those voting in the negative were Senators:

Bell Dean of 6th

Hudgins Scott

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Walker Wessels
Tysinger

TUESDAY, FEBRUARY 22, 1977

1161

Those not voting were Senators:

Brantley Coverdell

Holloway (presiding)

Tate

Johnson

On the passage of the bill, the yeas were 46, nays 5.

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

The President assumed the Chair.

SB 236. By Senators Riley of the 1st, Duncan of the 30th, Dean of the 31st and others:
A bill to amend an Act, as amended, known as the "George L. Smith II Georgia World Congress Center Act", relating to the creation, powers and duties of the George L. Smith II Georgia World Congress Center Authority, so as to provide additional and redefine existing powers of the George L. Smith II Georgia World Congress Center Authority relative to the operation and management of the George L. Smith II Georgia World Congress 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:

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

English Evans Fincher Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Langford McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators Hudgins and Pearce.

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Holloway

Lester

Sutton

On the passage of the bill, the yeas were 51, nays 2.

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

SB 243. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to provide for the licensing of open-tothe-public airports by the Department of Transportation; to define certain terms; to provide for the procedures for licensing of airports.

The Senate Committee on Transportation offered the following amendment:
Amend SB 243 by adding at the end of subsection (B) on Page 3, line 18, the following:
"In promulgating the rules and regulations establishing mini mum standards, the department shall consult with the Georgia Aviation Trades Associations."

On the adoption of the committee amendment, the yeas were 43, nays 0, and the amendment was adopted.

Senator Reynolds of the 48th offered the following amendment:
Amend SB 243 by adding after the Committee Amendment on Page 3, line 18, after the word and period "Associations." the following:
"Standards or rules and regulations promulgated under the authority of this Act shall not become effective until they have been reviewed and approved by the Highways Committee of the House and the Transportation Committee of the Senate acting in joint session.",
and
By adding on Page 4, line 12, after the comma following the word "license" the word "with",
and
By striking on Page 4, lines 12 and 13, after the word "shall" the words "issue or refuse to issue the license" and substitute therefor the words "act upon the application",
and

TUESDAY, FEBRUARY 22, 1977

1163

By striking on Page 5, line 4, the word "1978" and substituting there for the word "1979".

On the adoption of the amendment, the yeas were 46, nays 1, and the amend ment was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend SB 243 by inserting in the title, following the figures "1978" on line 11 of Page 1, the following:
"; to provide for civil penalties".
By striking from lines 9, 10 and 11 of Page 5 the following:
"guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor",
and inserting in lieu thereof the following:
"subject to a civil penalty, to be imposed by the Commissioner of the Department of Transportation in an amount not to exceed $100.00".

On the adoption of the amendment, 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:

Banks Barker Bell Brantley Carter Cover dell Dean of 6th Doss Eldridge Evans

Greene Hill Holloway Howard Hudgins Hudson Johnson Kidd Langford

Those voting in the negative were Senators:

Allgood Ballard Barnes Bond Broun of 46th Brown of 47th Dean of 31st Duncan English

Foster Gillis Kennedy Lester McGill
Overby Pearce Reynolds
Riley

Paulk Robinson Russell Shapard Stephens Stumbaugh Button Thompson Turner
Scott Summers Tate Timmons Traylor Tysinger Walker Wessels

1164

JOURNAL OF THE SENATE,

Those not voting were Senators Fincher and Starr (excused conferee).

On the adoption of the amendment, the yeas were 28, nays 26, 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:

Allgood Ballard Banks Barnes Bond Broun of 46th Brown of 47th Dean of 31st Duncan English Foster

Gillis Hill Holloway Hudson Kennedy Kidd Lester McGill Overby Pearce Reynolds

Riley Russell Scott Summers Tate Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barker Bell Brantley Carter Coverdell Dean of 6th Doss

Eldridge Evans Greene Howard Hudgins Johnson Langford

Paulk Robinson
Shapard Stephens Stumbaugh Thompson Traylor

Those not voting were Senators:

Fincher

Starr (excused conferee)

Sutton

On the passage of the bill, the yeas were 32, nays 21.

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

Senator Robinson of the 27th gave notice that, at the proper time, he would moved that the Senate reconsider its action in passing SB 243.

SB 244. 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 require that applications for federal airport

TUESDAY, FEBRUARY 22, 1977

1165

development funds be approved by the Department of Transportation prior to submission to the federal government.

The Senate Committee on Transportation offered the following amendment:

Amend SB 244 by adding at the end of subsection (a) on Page 2, line 6, the following:

"The department shall act on each application within 90 days after the receipt of the application. Applications submitted to the Federal Aviation Agency prior to the effective date of this Section shall not be subject to the provisions of this Section."

On the adoption of the committee amendment, the yeas were 39, nays 1, and the amendment was adopted.

Senator Reynolds of the 48th offered the following amendment:
Amend SB 244 by striking from line 3, Page 2 the word "approval" and substitute therefor the word "comment"
and is further amended by striking from line 5, Page 2 the word "ap proved" and substitute therefor the following:
"reviewed and commented on"
and is further amended by adding on line 19, Page 2 after the word and period "Section." the following:
"Rules and regulations promulgated under the authority of this Act shall not become effective until they have been reviewed and approved by the Highways Committee of the House and the Trans portation Committee of the Senate acting in joint session."

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 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:

Allgood Ballard Banks Barker

Barnes Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell

1166

JOURNAL OF THE SENATE,

Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Pincher Foster Gillis Greene Hill Holloway

Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Robinson Russell Scott Shapard Stephens Summers Sutton Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators Stumbaugh and Thompson.

Those not voting were Senators:

Riley

Starr (excused

Tate

conferee)

On the passage of the bill, the yeas were 51, nays 2.

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

SB 284. By Senators Wessels of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the municipal corporations of this State having a population of not less than 1,600 and not more than 2,700, which are located in counties having populations of not less than 170,000 and not more than 190,000 shall be authorized to sell and serve malt beverages, wine and alcoholic beverages on Sunday in such cities 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 Bell Bond Brantley
Broun of 46th Carter Doss Duncan

Eldridge Evans Hill Holloway
Howard Hudgins Kidd Langford

Reynolds Russell Scott Stephens
Stumbaugh Traylor Tysinger Wessels

TUESDAY, FEBRUARY 22, 1977

1167

Those voting in the negative were Senators:

Allgood Barnes Brown of 47th Dean of 31st English Fincher Foster Gillis

Greene Hudson Johnson Kennedy Lester McGill Overby Paulk

Pearce Shapard Summers Sutton Thompson Timmons Walker

Those not voting were Senators:

Banks Barker Coverdell Dean of 6th

Riley Robinson Starr (excused conferee)

Tate Turner

On the passage of the bill, the yeas were 24, nays 23.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Wessels of the 2nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 284.
The following resolution of the Senate was read and put upon its adoption:

SR 122. By Senator Broun of the 46th:
A resolution relative to adjournment from February 23 until February 28.

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Eldridge English Evans Fincher

Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Robinson Russell Scott Shapard Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

1168

JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Coverdell Dean of 6th Duncan

Hill Riley Starr (excused conferee)

Stephens Tate

On the adoption of the resolution, the yeas were 47, nays 0, and the resolution was adopted.

The President announced that the Senate would stand in recess from 12:25 o'clock P.M. until 2:00 o'clock P.M.

At 2:05 o'clock P.M., the President called the Senate to order.

Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.

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

SB 310. By Senators Greene of the 26th, Pearce of the 16th, Barnes of the 33rd and others:
A bill to amend Code Section 26-1601, relating to burglary, so as to redefine the crime of burglary; to provide that it shall be unlawful to enter or remain in a railroad car with the intent to commit a felony or theft.

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:

Allgood Ballard Barnes Bell Brantley Brown of 47th
Carter Coverdell Dean of 6th
Doss Eldridge English Fincher Foster

Gillis Greene Hill Howard Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley Russell

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker

TUESDAY, FEBRUARY 22, 1977

1169

Voting in the negative was Senator Evans.

Those not voting were Senators:

Banks Barker Bond Broun of 46th (excused conferee)

Dean of 31st Duncan Holloway (presiding) Hudgins Hudson

Langford Pearce Robinson Tate Wessels

On the passage of the bill, the yeas were 41, nays 1.

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

SR 84. By Senators Stumbaugh of the 55th and Barker of the 18th:
A resolution urging the Senate Consumer Affairs Committee to study the advisability of State-operated motor vehicle inspection stations.

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:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge English

Evans Poster Gillis Greene Howard Hudson Johnson Kennedy Kidd Lester Overby Paulk Reynolds Riley

Those voting in the negative were Senators:

Dean of 31st

Fincher

Those not voting were Senators:

Banks Bond Duncan Hill

Holloway (presiding) Hudgins Langford Pearce

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker
McGill
Robinson Tate Wessels

1170

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 42, nays 3.

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

SR 91. By Senators Tysinger of the 41st, Ballard of the 45th, Scott of the 43rd and others:
A resolution urging the Congress of the United States to reconsider its actions increasing the unemployment tax, under the F.U.T.A. (Federal Unemployment Tax Act), being placed on Georgia employers.

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:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Foster Gillis Greene Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmns Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Banks Bond Duncan

Hill Holloway (presiding) Hudgins

Langford Pearce Tate

On the adoption of the resolution, the yeas were 47, nays 0.

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

HB 32. By Representatives Lee, Johnson, Benefield and Wood of the 72nd:
A bill to add one additional judge of the Superior Court of the Clayton Judicial Circuit of Georgia, so as to provide for three judges in said

TUESDAY, FEBRUARY 22, 1977

1171

court; to provide for the appointment, election and term of office of said judge; to fix a time at which he shall begin his term of office.
Senate Sponsor: Senator Starr of the 44th.

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:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge English Evans Fincher

Gillis Hill Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Doss.

Those not voting were Senators:

Banks Bond Brown of 47th

Foster Greene Holloway (presiding)

Hudgins Langford Tate

On the passage of the bill, the yeas were 46, nays 1.

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

HB 37. By Representative Smith of the 42nd:
A bill to amend Code Title 68B, relating to motor vehicle driver's li censes, so as to provide exemptions to persons temporarily operating farm implements on highways of this State for farm purposes from having a license; to provide for the reexamination of holders of veterans' or honorary licenses.
Senate Sponsor: Senator Johnson of the 34th.

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

1172

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:

Allgood Ballard Barker Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Gillis Greene Hill Howard Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Russell Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Banks Bell Bond Fincher Foster

Holloway (presiding) Hudgins Hudson Langford

Robinson Starr (excused conferee) Tate

On the passage of the bill, the yeas were 44, nays 0.

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

HB 67. By Representatives Walker of the 115th, Culpepper of the 98th, Foster of the 6th and Karrh of the 106th:
A bill to amend Code Section 30-202.1, relating to the grant of at torney's fees in cases involving alimony or divorce so as to provide that the grant of such fees is within the sound discretion of the court, except that the court shall consider the financial circumstances of the wife, as well as those of the husband.
Senate Sponsor: Senator Greene of the 26th.
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:

Allgood Ballard Barker Barnes

Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Duncan Eldridge

TUESDAY, FEBRUARY 22, 1977

1173

English Evans Fincher Gillis Greene Hill Howard Johnson Kennedy Kidd Lester

McGill Overby Paulk Pearce Reynolds Riley Russell Scott Shapard Starr Stumbaugh

Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Doss.

Those not voting were Senators:

Banks Bell Bond Brantley

Foster Holloway (presiding) Hudgins Hudson

Langford 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.

The President resumed the Chair.

HB 86. By Representative Childers of the 15th:
A bill to amend Code Section 34-1402, relating to application for the absentee ballot, as amended, and Code Section 34A-1304, relating to ap plication for the absentee ballot in municipal primaries and elections, as amended.
Senate Sponsor: Senator Kidd of the 25th.

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:

Allgood Ballard Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans Fincher

Gillis Howard Hudson Johnson Kennedy Kidd Lester McGill

1174

JOURNAL OF THE SENATE,

Overby Paulk Pearce Reynolds Riley Russell Scott

Shapard Starr Stephens Stumbaugh Summers Sutton Thompson

Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Banks Barker Bell Bond

Foster Greene Hill Holloway

Hudgins Langford Robinson Tate

On the passage of the bill, the yeas were 44, nays 0.

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

HB 464. By Representatives Johnson, Benefield, Wood and Lee of the 72nd and Pinkston of the 100th:
A bill to amend an Act providing for a tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967, as amended, so as to exempt from taxes on the transfer of real property deeds issued in lieu of foreclosure and deeds issued by court order.
Senate Sponsor: Senator Barnes of 33rd.

The Senate Committee on Judiciary offered the following amendment:
Amend HB 464 by inserting on Page 2, line 19, after the word "foreclosure" the following:
"provided that the deed issued in lieu of foreclosure is for a deed to secure debt that has been in existence and properly executed and recorded for a period of twelve months prior to the recording of the deed in lieu of foreclosure."

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 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:

Allgood Ballard Banks

Barker Barnes Brantley

Broun of 46th Brown of 47th Carter

TUESDAY, FEBRUARY 22, 1977

1175

Coverdell Dean of 6th Doss Duncan Eldridge English Evans Fincher Foster Gillis Hill Holloway Howard

Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley Russell

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Walker Wessels

Those not voting were Senators:

Bell Bond Dean of 31st

Greene Hudgins Robinson

Tate Tysinger (excused conferee)

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 481. By Representatives Childs of the 51st and Richardson of the 52nd:
A bill to amend Code Section 59-201, relative to the qualifications of grand jurors and the incompetency of certain public officers to serve as grand jurors, as amended, so as to change certain provisions relative to the qualifications of grand jurors.
Senate Sponsor: Senator Shapard of the 28th.

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:

Allgood Ballard Banks Barnes Bell Broun of 46th Brown of 47th Carter Coverdell
Dean of 6th Doss

Duncan Eldridge Evans Fincher Foster Gillis Greene Hill Holloway
Howard Hudson

Johnson Kennedy Kidd Lester Overby Paulk Reynolds Riley Russell
Scott Shapard

1176

JOURNAL OP THE SENATE,

Stephens Stumbaugh Summers Sutton

Thompson Timmons Traylor Turner

Tysinger Walker Wessels

Those voting in the negative were Senators:

Langford

McGill

Pearce

Those not voting were Senators:

Barker Bond Brantley Dean of 31st

English Hudgins Robinson

Starr (excused conferee) Tate

On the passage of the bill, the yeas were 44, nays 3.

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

HB 535. By Representatives Burruss and Housley of the 21st, Kaley, Wilson and Cooper of the 19th and others:
A bill to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the State, so as to authorize and direct the State Revenue Commissioner to promulgate rules and regulations governing the processing, in any manner whatsoever, of applications for the registration of motor vehicles by private persons, firms or corporations.
Senate Sponsor: Senator Barnes of the 33rd.

Senator Evans of the 37th offered the following amendment:
Amend HB 535 by deleting in its entirety Section (2) and renumber ing Section "(3)" to Section "(2)".

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:

Allgood Ballard Banks

Barker Barnes Bell

Brantley Broun of 46th Brown of 47th

TUESDAY, FEBRUARY 22, 1977

1177

Carter Cover dell Dean of 6th Doss Duncan Eldridge Evans Pincher Foster Gillis Greene Hill Holloway Howard

Hudson Johnson Kennedy Kidd Langford Lester McGill Paulk Pearce Reynolds Riley Robinson Russell Scott

Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Bond Dean of 31st

English Hudgins

Overby Tate

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Starr of the 44th assumed the Chair at the direction of the Presi dent.

HB 552. By Representatives Coleman of the 118th, Jackson of the 9th and Jessup of the 117th:
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 define the term "motorized bicycle".
Senate Sponsor: Senator McGill of the 24th.

Senator Lester of the 23rd offered the following amendment:
Amend HB 552 by deleting the quotation mark on line 17 of Page 3 and by inserting between lines 17 and 18 the following:
"(e) No person shall operate a motorized bicycle upon any public road or highway unless he shall wear protective headgear which complies with standards established by the Commissioner of Public Safety.'"
On the adoption of the amendment, the yeas were 9, nays 24, and the amend ment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1178

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:

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

Evans Fincher
Foster Gillis Hill Howard Hudson Johnson
Kennedy Kidd
Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Greene.

Those not voting were Senators:

Dean of 31st Holloway

Hudgins Pearce

Starr (presiding) Tate

On the passage of the bill, the yeas were 49, 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 adopted by the requisite constitutional majority the following resolution of the Senate:
SR 122. By Senator Broun of the 46th: A resolution relative to adjournment.
The House has passed by the requisite constitutional majority the following bill of the House:

HB 78. By Representatives Games of the 43rd, Adams of the 36th, Hudson of the 137th and others:
A bill to amend the Gasoline Marketing Practices Act, approved April

TUESDAY, FEBRUARY 22, 1977

1179

13, 1973, so as to change and add definitions; to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief.

Senator Banks of the 17th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing the following bill of the House:

HB 464. By Representatives Johnson, Benefield, Wood and Lee of the 72nd, and Pinkston of the 100th:
A bill to amend an Act providing for a tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967, as amended, so as to exempt from taxes on the transfer of real property deeds issued in lieu of foreclosure and deeds issued by court order.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 597. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the registration of exempt peace officers; to provide for the continuation of such exemp tion.
Senate Sponsor: Senator Barnes of the 33rd.

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:

Allgood Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge English

Evans Fincher Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Russell Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

1180

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bell Dean of 31st Holloway

Hudgins Johnson Robinson

Starr (presiding) Tate

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Brown of the 47th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 597.

The following general bill of the House, favorably reported by the committee, postponed on February 21 until February 22, was read the third time and put upon its passage:

HB 128. By Representatives Snow of the 1st and Carnes of the 43rd:
A bill to amend an Act providing retirement benefits for the clerks of the Superior Courts of Georgia, so as to provide for the collection of additional legal costs in each civil suit, action, case or proceeding; to provide for the disposition of such costs; to provide that such costs and fees shall be remitted to the board.
Senate Sponsor: Senator Barnes of the 33rd.

The following fiscal note, as required by law, was read by the Secretary:

EMPLOYEES' RETIREMENT SYSTEM Two Northside 75, Atlanta, Ga. 30318 February 4, 1977

MEMORANDUM

TO:

Honorable Wayne Snow

State Representative

FROM:

Abe Domain Director

SUBJECT: House Bill 128
House Bill 128 amends the Superior Court Clerks Retirement Fund, which is not administered by the Employees' Retirement System. Mr. F. R. Kendrick, telephone (404) 695-2613, P. O. Box 428, Chatsworth, Georgia 30705, is the Secretary-Treasurer of the Clerks Fund.
Mr. Kendrick advised me that if the bill is enacted it would generate more income for the fund. However, before any actual adjustment is made to retirees, they planned to have an actuarial study made in light of the additional income and were hopeful that increased benefits could be

TUESDAY, FEBRUARY 22, 1977

1181

paid the following year. He stated they had reason to believe this bill would increase benefits by 50%. At the present time retirees get $15 per month for each year of service.

As mentioned to you, you may wish to talk with Mr. Kendrick since he is more familiar with this than I am.

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:

Allgood Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge English

Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Riley Russell Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Bell Dean of 31st Hudgins

Johnson Robinson Starr (presiding)

Tate Wessels

On the passage of the bill, the yeas were 48, nays 0.

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

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 203. By Representative Taggart of the 125th:
A bill to amend Code Section 68-213 relating to the registration of manufacturers and dealers of motor vehicles so as to provide for the registration of manufacturers and dealers engaged in the manufacture or sale or leasing of motor vehicles, tractors or trailers.
Senate Sponsor: Senator Banks of the 17th.

1182

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:

Allgood Ballard Banks Barker
Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge English

Evans Fincher Foster Gillis
Greene Hill Holloway Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk

Reynolds Riley Robinson Russell
Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Bell Dean of 31st Hudgins

Johnson Pearce Starr (presiding)

Tate Wessels

On the passage of the bill, the yeas were 48, nays 0.

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

HB 205. By Representative Taggart of the 125th:
A bill to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, as amended, so as to provide for the transfer of such tags.
Senate Sponsor: Senator Banks of the 17th.
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

TUESDAY, FEBRUARY 22, 1977

1183

Coverdell Dean of 6th Doss Eldridge English Evans Fincher Foster Gillis Greene Hill Holloway

Howard Hudson Kennedy Kidd Langford Lester Overby Paulk Reynolds Riley Robinson Russell

Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Walker Wessels

Voting in the negative was Senator Allgood.

Those not voting were Senators:

Bell Dean of 31st Duncan Hudgins

Johnson McGill Pearce Starr (presiding)

Tate Tysinger (excused conferee)

On the passage of the bill, the yeas were 45, nays 1.

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

HB 362. By Representatives Lambert of the 112th, Carlisle of the 71st, Nichols of the 27th and others:
A bill to amend an Act establishing the qualifications for agents of the Bureau of Investigation so as to authorize that any sworn member of the Georgia Bureau of Investigation shall be entitled to retain as part of his compensation his service revolver and badge with the word "re tired" affixed thereon, pursuant to regulations promulgated by the Director of the Georgia Bureau of Investigation.
Senate Sponsor: Senator Barnes of the 33rd.
Senators Gillis of the 20th and English of the 21st offered the following amendment:
Amend HB 362 by striking the words "service revolver and" on line 12, Page 1, and
by striking the words "service revolver and" on line 9, Page 2.

On the adoption of the amendment, the yeas were 33, nays 2, 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.

1184

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:

Allgood Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Riley Russell Scott Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Walker Wessels

Those not voting were Senators:

Bell Coverdell Dean of 31st

Hudgins Robinson Starr (presiding)

Tate Tysinger (excused conferee)

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 359. By Representatives Pilewicz of the 41st, Carnes of the 43rd, Irvin of the 23rd and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" approved January 11, 1954, as amended, so as to change the provisions relative to when lighted lamps are required.
Senate Sponsor: Senator Johnson of the 34th.

The Senate Committee on Transportation offered the following amendment:

Amend HB 359 by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:

"Section 1. 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, particularly by an Act ap proved April 13, 1973 (Ga. Laws 1973, p. 434), is hereby amended by adding in the title of Section 103 after the word 'lamps' the words 'and headlamps', and by adding in said Section 103 after the word 'lamps' the following:

', including headlamps,',

TUESDAY, FEBRUARY 22, 1977

1185

so that when so amended Section 103 shall read as follows:

'Section 103. When lighted lamps and headlamps are required. Every vehicle upon a highway within this State at any time from a half hour after sunset to a half hour before sunrise and at any time when it is raining in the driving zone and at any other time when there is not sufficient visibility to render clearly discernible per sons and vehicles on the highway at a distance of 500 feet ahead shall display lighted lamps, including headlamps, and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated.' "

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 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:

Allgood Ballard Banks Barker Barnes Bell Brantley
Broun of 46th
Brown of 47th
Carter
Coverdell
Dean of 6th
Doss
Duncan
Eldridge
English

Evans Fincher Foster Gillis Greene Hill Holloway
Howard
Johnson
Kennedy
Kidd
Langford
Lester
McGill
Paulk
Pearce

Reynolds Riley Robinson Russell Scott Shapard Stephens
Stumbaugh
Summers
Sutton
Thompson
Timmons
Traylor
Turner
Walker
Wessels

Those not voting were Senators:

Bond Dean of 31st Hudgins

Hudson Overby Starr (presiding)

Tate Tysinger (excused conferee)

On the passage of the bill, the yeas were 48, nays 0.

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

1186

JOURNAL OF THE SENATE,

HB 457. By Representatives McDonald of the 12th Castleberry of the lllth, and Jackson, Whitmire and Wood of the 9th:
A bill to amend Code Section 68B-307 relating to the authority of the Department of Public Safety to suspend or revoke licenses and estab lishing a point system, so as to change the number of points assessed for certain traffic offenses.
Senate Sponsor: Senator Barnes of the 33rd.

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:

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

Fincher Foster Gillis Greene Hill Holloway
Howard Hudson Johnson Kennedy Kidd Langford
Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Stephens Stumbaugh Summers Sutton Timmons Traylor Turner Walker Wessels

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Dean of 31st English Hudgins

Starr (presiding) Tate

Tysinger (excused conferee)

On the passage of the bill, the yeas were 49, nays 1.

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 3:50 o'clock P.M., Senator Starr of the 44th announced the Senate ad journed until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 23, 1977

1187

Senate Chamber, Atlanta, Georgia Wednesday, February 23, 1977

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

Senator Johnson of the 34th reported that the Journal of yesterday's proceed ings had been read and found correct.

Senator Ballard of the 45th moved that the Senate reconsider its action of February 22 in defeating the following bill of the Senate:

SB 194. By Senator Ballard of the 45th:
A bill to provide for the licensing and regulation of persons engaged in the practice of plumbing installation inspections; to provide the proce dures connected therewith.

On the motion, the yeas were 26, nays 4; the motion prevailed, and SB 194 was reconsidered and placed at the foot of the Calendar.

Senator Banks of the 17th moved that the Senate reconsider its action of February 22 in passing the following bill of the House:

HB 464. By Representatives Johnson, Benefield, Wood and Lee of the 72nd, and Pinkston of the 100th:
A bill to amend an Act providing for a tax on certain deeds, instruments of other writings transferring real estate, approved April 18, 1967, as amended, so as to exempt from taxes on the transfer of real property deeds issued in lieu of foreclosure and deeds issued by court order.
On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 464 was reconsidered and placed at the foot of the Calendar.
Senator Brown of the 47th moved that the Senate reconsider its action of February 22 in passing the following bill of the House:

HB 597. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the registration of exempt peace officers; to provide for the continuation of such ex emption.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 597 was reconsidered and placed at the foot of the calendar.

1188

JOURNAL OF THE SENATE,

Senator Wessels of the 2nd moved that the Senate reconsider its action of February 22 in defeating the following bill of the Senate:

SB 284. By Senators Wessels of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the municipal corpora tions of this State having a population of not less than 1,600 and not more than 2,700, which are located in counties having populations of not less than 170,000 and not more than 190,000 shall be authorized to sell and serve malt beverages, wine and alcoholic beverages on Sunday in such cities under certain conditions.

On the motion, the yeas were 34, nays 1; the motion prevailed, and SB 284 was reconsidered and placed at the foot of the 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 753. By Representative Connell of the 87th:
A bill to amend an Act entitled "An Act to Regulate Public Instruction in the County of Richmond", as amended, so as to provide for the signing of all checks, drafts and orders by the facsimile signature of the respective officials.

HB 916. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the Sheriff of Towns County on an annual salary, as amended, so as to change the provisions relative to the compensation of the sheriff and deputies.

HB 918. By Representative Birdsong of the 103rd:
A bill to amend an Act establishing a new charter for the City of Jeffersonville, as amended, so as to change the provisions relating to the composition and election of the members of the city council; to provide for election districts.

HB 919. By Representative Birdsong of the 103rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, as amended, so as to change

WEDNESDAY, FEBRUARY 23, 1977

1189

the compensation of the chairman and the commissioners of said board; to change the provisions relating to meetings.

HB 922. By Representative Murray of the 116th:
A bill to provide a new Charter for the City of Leslie in the County of Sumter; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections.

HB 923. By Representative Murray of the 116th:
A bill to amend an Act creating a new charter for the City of Plains, in the County of Sumter, so as to provide for a Municipal Court in lieu of the Mayor's Court.

HB 927. By Representatives Smyre of the 92nd, Thompson of the 93rd, Cason of the 96th and others:
A bill to provide that in all counties of this State having a population of not less than 165,000 and not more than 185,000 according to the U. S. Decennial Census of 1970, or any such future census, 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.
HB 933. By Representatives Taggart of the 125th, Scott of the 123rd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County, as amended, so as to provide for the filling of vacancies in the office of Judge of the State Court of Chatham County.
HB 934. By Representative Reaves of the 147th:
A bill to repeal an Act to provide a supplementary salary payable from county funds for clerks of the superior court in counties having a population of not more than 2,000 according to the U. S. Decennial Census of 1960 or any future such census.
HB 935. By Representative Reaves of the 147th:
A bill to repeal an Act to authorize the governing authority in counties having a population of less than 3,000 to the U. S. census of 1950 or any future census, to supplement the compensation of the clerk of the superior court.
HB 939. By Representative Rainey of the 135th:
A bill to amend an Act creating a Small Claims Court in Dooly County so as to change the jurisdiction of said court; to change the provisions relative to costs and fees; to provide for the appointment of bailiffs and their powers and duties.

1190

JOURNAL OF THE SENATE,

HB 123. By Representatives Richardson of the 52nd, Hawkins of the 50th, Lenderman of the 53rd 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 years of age or older.

HB 257. By Representatives Waddle of the 113th, Walker of the 115th, Auten of the 154th and others:
A bill to amend an Act creating the office of Georgia Safety Fire Com missioner, as amended, so as to require insurance companies to furnish to certain fire officials information relating to their investigation of property losses.
HB 322. By Representatives Butler of the 56th, Snow of the 1st, Evans of the 84th and others:
A bill to amend an Act known as the "Child Support Recovery Act", as amended, so as to clarify the responsibility of officials of the De partment of Revenue to disclose to officials of the Department of Human Resources income tax information pertaining to parents of chil dren for whom the Department of Human Resources has assignments to child support rights.
HB 383. By Representatives Ross of the 76th, Adams of the 79th, Carrell of the 75th and others:
A bill to allow any political subdivision of the State of Georgia to enter into a contract for lock box system with any bank in this State to have such bank receive, process and deposit mailed tax returns and payments.
HB 403. By Representative Howell of the 140th:
A bill to provide for the Department of Labor a supplemental ap propriation, pursuant to and in accordance with provisions of Section 9 and 13 of the Employment Security Law, as amended, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act.
HB 620. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend the "Child Support Recovery Act", as amended, so as to authorize the District Attorneys of this State to assist the Department of Human Resources in the enforcement of the provisions of the Child Support Recovery Act, as amended.
HB 654. By Representatives McDonald of the 12th, Colwell of the 4th and Irvin of the 10th:
A bill to amend an Act to establish the Georgia Fire Fighters Standards

WEDNESDAY, FEBRUARY 23, 1977

1191

and Training Council, as amended, so as to permit a person to be em ployed and certified as a fire fighter who has been convicted of a felony within a certain number of years prior to employment.

HB 663. By Representatives Randall of the 101st, Russell of the 64th, Marcus of the 26th and others:
A bill to amend an Act creating the Board of Examiners of Practical Nurses, as amended, so as to provide for temporary licenses and the practices and procedures connected therewith.

HB 769. By Representatives Baugh of the 108th and Parham of the 109:
A bill to amend Code Title 88, relative to public health, as amended, so as to establish in the Adult Health Section of the Department of Human Resources a program for the control and prevention of cancer and for the care of patients suffering from cancer; to designate powers and duties in relation thereto.

HB 837. By Representatives Lambert of the 112th and Marcus of the 26th:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide an alternative means of securing hospitalization for mentally ill and mentally retarded children; to provide for legislative purpose; to provide for emergency admissions.

SB 37. By Senators Russell of the 10th, Kidd of the 25th, Dean of the 6th and others:
A bill to amend an Act known as the "Georgia Barber Act", so as to change the manner of appointment of Board members.

SB 163. By Senators Barnes of the 33rd and Barker of the 18th:
A bill to amend Code Section 84-501, relating to the definition of the term "chiropractic" for purposes of provisions respecting chiropractors, so as to redefine such term.

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

SB 4. By Senators Starr of the 44th, Robinson of the 27th, Foster of the 50th and others:
A bill to provide for the review, continuation, re-establishment or termination of certain regulatory agencies of the executive branch of the State government; to provide for a short title; to provide a de finition.

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

1192

JOURNAL OF THE SENATE,

HR 231. By Representatives Ware of the 68th and Mullinax of the 69th: A resolution designating the John C. Barrow Bridge.

HR 238. By Representative Lee of the 72nd:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized to provide by law for the regulation of lobbying; to provide for the submission of this amendment for ratification or rejection.

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 583. By Representatives Murphy of the 18th, McDonald of the 12th, Watson of the 114th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide for an effective date.

The House has agreed to the Senate amendments to the following bills and resolution of the House:

HB 582. By Representatives Rush of the 121st and Kemp 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 the manner of electing said members.

HB 618. By Representative Vaughn of the 57th:
A bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary, as amended, so as to change the compensation of the sheriff and his deputies; to change the number of deputies.

HR 173. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Houston County by the Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejection.

The House has agreed to the Senate substitutes to the following resolutions of the House.
HR 174. By Representatives Waddle of the 113th, Watson of the 114th and Walk er of the 115th: A resolution proposing an amendment to the Constitution so as to provide

WEDNESDAY, FEBRUARY 23, 1977

1193

for a seven-member Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejection.

HR 13. By Representatives Tolbert and Butler of the 56th and others:
A resolution creating the DeKalb County Police Retirement System Study Commission.

The House has adopted the following resolutions of the House:

HR 283. By Representatives Baugh of the 108th and Parham of the 109th: A resolution commending the Swampland Opera House.

HR 289. By Representatives Jackson, Whitmire and Wood of the 9th:
A resolution to petition the United States Congress for funds as a grant to the Georgia Department of Transportation for the purpose of con structing a partially controlled access road from Georgia Highway 365 to the "Lake Lanier Islands".

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

SB 341. 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 terms of office of the Mayor and Aldermen; to change the number of Aldermen. Referred to Committee on County and Urban Affairs.

SB 342. By Senator Langford of the 51st:
A bill to amend an Act creating the Judicial Council of Georgia. Referred to Committee on Judiciary.

SB 343. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the State Court of Evans County, as amended, so as to change the compensation of the judge and solicitor of said court; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 344. By Senator Ballard of the 45th:
A bill to change the county lines of Rockdale and Newton Counties. Referred to Committee on County and Urban Affairs.

1194

JOURNAL OF THE SENATE,

SB 345. By Senator Howard of the 42nd:
A bill to'amend Code Chapter 113-10, relating to year's support to family, so as to provide for notice to interested persons in an unre presented and represented estate and in an estate treated as if it had no representative. Referred to Committee on Judiciary.

SB 346. By Senator Hill of the 29th:
A bill to amend an Act known as the "Orthotists Practice Act", so as to define certain terms; to extend the date for registration of present orthotists; to strike a redundant paragraph; to provide for educational requirements as the board deems proper. Referred to Committee on Human Resources.

SB 347. By Senator Riley of the 1st:
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 provide for charging a rate of interest on the principal amount of such loans at a rate equivalent to that paid on such loans, when computed as provided for in said Code Section.
Referred to Committee on Banking, Finance and Insurance.

SB 348. By Senators Pearce of the 16th and Stephens of the 36th:
A bill to amend Code Title 114, relating to workmen's compensation, as amended, so as to redefine "employer"; to provide for an effective date. Referred to Committee on Industry, Labor and Tourism.

SB 349. By Senator McGill of the 24th:
A bill to amend an Act known as the "Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act", so as to clarify the legislative intent concerning the effect of this 1976 codification on the previously existing law as contained in the "Motor Vehicle Franchise Practices Act", as amended. Referred to Committee on Agriculture.

SB 350. By Senator Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of the phrase "fair market value", as amended, so as to redefine the meaning of "fair market value" and to prescribe the means, methods and guide lines to be used in determining the fair market value of property for taxation purposes. Referred to Committee on Banking, Finance and Insurance.

SR 120. By Senators Dean of the 6th, Stephens of the 36th and Hill of the 29th: A resolution proposing an amendment to the Constitution, so as to

WEDNESDAY, FEBRUARY 23, 1977

1195

authorize the General Assembly to expand the sales and use tax to cover other services and service industries; to provide for revenues to be used for certain purposes; to provide for revenues to be earmarked for such purposes.
Referred to Committee on Banking, Finance and Insurance.

SR 121. By Senator Broun of the 46th:
A resolution to amend a Resolution passed by the General Assembly of Georgia in its 1973 Regular Session authorizing the severing of four tracts of real property or interests therein from then existing leases between the State of Georgia or authorized State entities, as Lessor, and second parties, as Lessees, and the consolidation of j;he said severed tracts or interests therein into a new Lease between the State of Georgia, acting by and through the State Properties Control Commission.
Referred to Committee on Public Utilities.

SR 123. By Senators Howard of the 42nd and Reynolds of the 48th:
A resolution creating the Joint Highway Litter Study Committee. Referred to Committee on Transportation.

SR 124. By Senator McGill of the 24th:
A resolution authorizing the Governor to appoint a new Georgia Franchise Practices Commission under certain conditions. Referred to Committee on Transportation.

SR 125. By Senator English of the 21st:
A resolution authorizing the conveyance of certain State-owned real property located in Emanuel County, Georgia, to the City of Swainsboro, Georgia. Referred to Committee on Public Utilities.
SR 127. By Senators Eldridge of the 7th, Riley of the 1st and Holloway of the 12th: A resolution amending 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 753. By Representative Connell of the 87th: A bill to amend an Act entitled "An Act to Regulate Public Instruction in the County of Richmond", as amended, so as to provide for the signing of all checks, drafts and orders by the facsimile signature of the respective officials.
Referred to Committee on County and Urban Affairs.

1196

JOURNAL OF THE SENATE,

HB 916. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the Sheriff of Towns County on an annual salary, as amended, so as to change the provisions relative to the compensation of the sheriff and deputies. Referred to Committee on County and Urban Affairs.

HB 918. By Representative Birdsong of the 103rd:
A bill to amend an Act establishing a new charter for the City of Jeffersonville, as amended, so as to change the provisions relating to the com position and election of the members of the city council; to provide for election districts. Referred to Committee on County and Urban Affairs.

HB 919. By Representative Birdsong of the 103rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, as amended, so as to change the compensation of the chairman and the commissioners of said board; to change the provisions relating to meetings. Referred to Committee on County and Urban Affairs.

HB 922. By Representative Murray of the 116th:
A bill to provide a new Charter for the City of Leslie in the County of Sumter; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections. Referred to Committee on County and Urban Affairs.

HB 923. By Representative Murray of the 116th:
A bill to amend an Act creating a new charter for the City of Plains, in the County of Sumter, so as to provide for a Municipal Court in lieu of the Mayor's Court. Referred to Committee on County and Urban Affairs.
HB 927. By Representatives Smyre of the 92nd, Thompson of the 93rd, Cason of the 96th and others:
A bill to provide that in all counties of this State having a population of not less than 165,000 and not more than 185,000 according to the U.S. Decennial Census of 1970, or any such future census, 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.
HB 933. By Representatives Taggart of the 125th, Scott of the 123rd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County,

WEDNESDAY, FEBRUARY 23, 1977

1197

as amended, so as to provide for the filling of vacancies in the office of Judge of the State Court of Chatham County.
Referred to Committee on County and Urban Affairs.

HB 934. By Representative Reaves of the 147th:
A bill to repeal an Act to provide a supplementary salary payable from county funds for clerks of the superior court in counties having a population of not more than 2,000 according to the U.S. Decennial Census of 1960 or any future such census. Referred to Committee on County and Urban Affairs.

HB 935. By Representative Reaves of the 147th:
A bill to repeal an Act to authorize the governing authority in counties having a population of less than 3,000 according to the U.S. census of of 1950 or any future census, to supplement the compensation of the clerk of the superior court. Referred to Committee on County and Urban Affairs.
HB 939. By Representative Rainey of the 135th:
A bill to amend an Act creating a Small Claims Court in Dooly County so as to change the jurisdiction of said court; to change the provisions relative to costs and fees; to provide for the appointment of bailiffs and their powers and duties. Referred to Committee on County and Urban Affairs.

HB 78. By Representatives Carnes of the 43rd, Adams of the 36th, Hudson of the 137th and others:
A bill to amend the Gasoline Marketing Practices Act, approved April 13, 1973, so as to change and add definitions; to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief. Referred to Committee on Industry, Labor and Tourism.

HB 123. By Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th and Lenderman of the 53rd:
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. Referred to Committee on Judiciary.

HB 257. By Representatives Waddle of the 113th, Walker of the 115th, Watson of the 114th and Auten of the 154th:
A bill to amend an Act creating the office of Georgia Safety Fire Com missioner, as amended, so as to require insurance companies to furnish to certain fire officials information relating to their investigation of property losses. Referred to Committee on Banking, Finance and Insurance.

1198

JOURNAL OF THE SENATE,

HB 322. By Representatives Snow of the 1st, Butler of the 56th, Evans of the 84th and Walker of the 115th:
A bill to amend an Act known as the "Child Support Recovery Act", as amended, so as to clarify the responsibility of officials of the Depart ment of Revenue to disclose to officials of the Department of Human Resources income tax information pertaining to parents of Children for whom the Department of Human Resources has assignments to child support rights.
Referred to Committee on Human Resources.

HB 383. By Representatives Castleberry of the lllth, Hudson of the 137th, Collins of the 144th and others:
A bill to allow any political subdivision of the State of Georgia to enter into a contract for a lock box system with any bank in this State to have such bank receive, process and deposit mailed tax returns and payments.
Referred to Committee on Banking, Finance and Insurance.

HB 403. By Representative Howell of the 140th:
A bill to provide for the Department of Labor a supplemental appro priation, pursuant to and in accordance with provisions of Sections 9 and 13 of the Employment Security Law, as amended, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act.
Referred to Committee on Appropriations.

HB 620. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend the "Child Support Recovery Act", as amended, so as to authorize the District Attorneys of this State to assist the Department of Human Resources in the enforcement of the provisions of the Child Support Recovery Act, as amended. Referred to Committee on Human Resources.

HB 654. By Representatives McDonald of the 12th, Colwell of the 4th and Irvin of the 10th:
A bill to amend an Act to establish the Georgia Fire Fighters Standards and Training Council, as amended, so as to permit a person to be em ployed and certified as a fire fighter who has been convicted of a felony within a certain number of years prior to employment. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 663. By Representatives Randall of the 101st, Russell of the 64th, Marcus of the 26th and others:
A bill to amend an Act creating the Board of Examiners of Practical

WEDNESDAY, FEBRUARY 23, 1977

1199

Nurses, as amended, so as to provide for temporary licenses and the practices and procedures connected therewith.
Referred to Committee on Human Resources.

HB 769. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Title 88, relative to public health, as amended, so as to establish in the Adult Health Section of the Department of Human Resources a program for the control and prevention of cancer and for the care of patients suffering from cancer; to designate powers and duties in relation thereto.
Referred to Committee on Human Resources.

HB 837. By Representatives Lambert of the 112th and Marcus of the 26th:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide an alternative means of securing hospitalization for mentally ill and mentally retarded children; to provide for legislative purpose; to provide for emergency admissions. Referred to Committee on Human Resources.

HR 231. By Representatives Ware of the 68th and Mullinax of the 69th: A resolution designating the John C. Barrow Bridge.
Referred to Committee on Transportation.

HR 238. By Representative Lee of the 72nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by law for the regulation of lobbying; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HR 289. By Representatives Wood, Whitmire and Jackson of the 9th: A resolution to petition the United States Congress for funds as a grant to the Georgia Department of Transportation for the purpose of constructing a partially controlled access road from Georgia Highway 365 to the "Lake Lanier Islands".
Referred to Committee on Transportation.
The following reports of standing committees were read by the Secretary:
Senator Button of the 9th 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

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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 126. Do pass. HB 144. Do pass by substitute. HB 274. Do pass. HB 275. Do pass. HB 276. Do pass. HB 774. Do pass as amended.
Respectfully submitted, Senator Button of 9th 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 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 113. Do pass. HR 137. Do pass. HB 586. Do pass. HB 607. Do pass as amended. SB 256. Do pass by substitute.
Respectfully submitted, Senator Carter of 14th District, Chairman.

Senator Howard of the 42nd 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 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 253. Do pass. SB 309. Do pass. SB 315. Do pass. SB 330. Do pass. SR 110. Do pass.

WEDNESDAY, FEBRUARY 23, 1977

1201

HB 183. Do pass. HB 251. Do pass as amended. HB 252. Do pass as amended.
Respectfully submitted, Senator Howard of 42nd 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 Senate and House and has instructed me, as Chairman, to report the same back to the Senate with following recommend ations:
SR 117. Do pass.
HB 446. Do pass. 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 122. Do pass. SB 189. Do pass by substitute. SB 219. Do pass as amended. SB 325. Do pass. SB 326. Do pass. HB 163. Do pass. HB 162. Do pass as amended. HB 289. Do pass.
Respectfully submitted, Senator Overby of 49th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities submitted the following report:

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Mr. President:

Your Committee on Public Utilities has had under consideration the following resolutions of the Senate and House and has instruced me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 111. Do pass as amended.
HR 113. Do pass.
Respectfully submitted, Senator Brown of 47th District, Chairman

Senator Summers of the 53rd District, Chairman of the Committee on Retirement, submitted the the following report:
Mr. President:
Your Committee on Retirement 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 156. Do not pass. SR 42. Do pass. HB 64. Do pass. HB 214. Do pass. HB 331. Do pass. HB 332. Do pass.
Respectfully submitted, Senator Summers of 53rd 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 Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 212. Do pass by substitute.

HB 317. Do pass.

HB 629. Do pass by substitute.

HB 630. Do pass.

Respectfully submitted, Senator Reynolds of 48th District, Chairman.

WEDNESDAY, FEBRUARY 23, 1977

1203

The following bills and resolutions of the Senate and House were read the second time:

SB 56. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 105-2, relating to negligence, so as to pro vide presumptions as to the exercise of due care by minors.

SB 64. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-2701, relating to limitations of time on orders of disposition under the provisions of the Juvenile Court Code, as amended, so as to provide that dispositional orders in cases involving deprived children continue in force until the child reaches 18 years of age or the court terminates its order.

SB 75. By Senator Barnes of the 33rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain posttrial pro cedures in civil cases, so as to require that notice be given an adverse party prior to discovery of certain medical records and statements.

SB 257. By Senator Doss of the 52nd:
A bill to amend Code Chapter 56-13, relating to fees and taxes under the Georgia Insurance Code as amended, so as to authorize the Insurance Commissioner to waive the collection of any amount due the State as a penalty under the provisions of Code Title 56, the Georgia Insurance Code.

SB 258. By Senator Doss of the 52nd:
A bill to amend Code Section 56-507, relating to the standards applicable to rates, so as to provide that consideration shall be given to the in surer's average yield from investment income.

SB 267. By Senator Overby of the 49th:
A bill to amend an Act providing for the appointment of an attorney or attorneys to represent indigent defendants in criminal cases involving capital felonies and appeal from convictions thereof, so as to change the provisions relating to the appointment and payment of compensation and expenses to appointed attorneys.

SB 279. By Senator Kidd of the 25th:
A bill to permit the purchase of liability insurance or contracts of indemnity or the formulation of sound programs of self-insurance by State and local agencies; to permit the Commissioner of the Department of Administrative Services to purchase liability insurance or contracts

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of indemnity on behalf of the State and local agencies or to formulate a program of self-insurance for such agencies.

SB 280. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-25, relating to the treatment of the mentally retarded, as amended, so as to provide consent for treatment and surgery in the event of a medical emergency; to provide that this Act shall not repeal other laws.

SB 281. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-4, relating to the treatment of alcoholic or drug dependent individuals, so as to provide consent for treatment and surgery in the event of a medical emergency; to provide that this Act shall not repeal other laws.

SB 282. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-5, relating to the care and treatment of the mentally ill, as amended, so as to provide for consent for treat ment and surgery in the event for a medical emergency.
0
SB 287. By Senators Lester of the 23rd, Kidd of the 25th and Riley of the 1st:
A bill to amend Code Chapter 88-24, relating to rights of certain State employees, as amended, so as to provide compensation to employees of the Georgia Department of Human Resources for certain personal property loses sustained through patient action.

SB 300. By Senators Hudson of the 35th, Barnes of the 33rd, Langford of the 51st 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 a declara tion of purpose; to define certain terms; to provide for establishment of the State Social Work Licensing Board of Georgia, its membership, the appointment of its members, their terms of office, and the powers, duties and limitations of the Board.

SB 303. By Senators Gillis of the 20th and English of the 21st:
A bill to provide requirements relative to trappers and fur dealers; to provide for definitions; to provide for unlawful trapping and other activities relative thereto; to provide that fur dealers must be licensed; to provide certain conditions relative to fur dealers' licenses.

SB 317. By Senator Howard of the 42nd:
A bill to amend an Act prohibiting certain firing or discharging of firearms on Sunday, as amended, so as to delete certain exceptions and to provide for additional exceptions.

WEDNESDAY, FEBRUARY 23, 1977

1205

SB 331. By Senators Doss of the 52nd, Foster of the 50th, Duncan of the 30th and others:
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, codified as Code Section 92-6912, as amended, so as to provide for temporary collection and enforcement of taxes based upon tax digests appealed or otherwise rendered uncollectible and un enforceable by law.

SR 50. By Senator Banks of the 17th:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of judges of the superior courts from four years to six years; to provide for the submission of this amendment for ratification or rejection.

SR 92, By Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th:
A resolution creating the Mental Disability Laws Study Committee.

SR 94. By Senators Lester of the 23rd, Kidd of the 25th and Doss of the 52nd: A resolution to create the Cost of Care Study Committee.

SR 103. By Senators Hudgins of the 15th, Wessels of the 2nd, Barnes of the 33rd and others:
A resolution creating the Juvenile Judge Qualifications Study Com mittee.

HB 221. By Representatives Davis of the 99th, Gammage of the 17th, Buck of the 95th and others:
A bill to amend an Act providing the procedures for the creation of liens in behalf of hospitals so as to provide that certain benefits shall be excepted from the provisions of said Act.

HB 225. By Representatives Hatcher of the 131st, Evans of the 84th, Karrh of the 106th and Murray of the 116th:
A bill to amend Code Section 26-3201, relating to conspiracy to commit a crime, as amended, so as to change the provisions relating to punish ment.
HB 294. By Representatives Battle of the 124th, Phillips of the 120th, Hanner of the 130th and others:
A bill to amend an Act providing for the development of water well standards and creating the Water Well Standards Advisory Council,

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approved Mar. 31, 1976, so as to change the assignment of the Council for administrative purposes.

HB 295. By Representatives Batttle of the 124th, Phillips of the 120th, Banner of the 130th and others:
A bill to provide standards for the location, construction, abandoning and approval of individual and semipublic water wells; to provide a short title ("Water Well Standards Act"); to provide definitions.

HB 406. By Representative Games of the 43rd:
A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to clarify the recordation of such liens; to provide for notice of commencement of legal actions on claims of liens.

HB 513. By Representatives Isakson and Nix of the 20th, and Burruss of the 21st:
A bill to amend Code Section 84-1421, relating to unfair practices under provisions respecting real estate brokers and salesmen, as amended, so as to provide that payments to the estate or heirs of a deceased real estate broker, associate broker or real estate salesperson shall not be construed to be an unfair practice.

HB 566. By Representatives Reaves of the 147th, Keyton of the 143rd, Long of the 142nd and others:
A bill to amend the Structural Pest Control Act, as amended, so as to change, add, remove and redesignate certain definitions; to strike re ferences to certain applicators.

HB 572. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, approved May 22, 1964, as amended, so as to provide certain authority for and duties of investigators appointed by, and serving at the direction of, the District Attorney of the circuit.

HB 590. By Representatives Rainey of the 135th, Twiggs of the 4th, Gammage of the 17th and others:
A bill to amend an Act relating to State parks and recreational areas, as amended, so as to provide for certain definitions; to provide that certain acts shall be unlawful; to provide for penalties in connection therewith.

HB 626. By Representatives Adams of the 36th, Rainey of the 135th, Peters of the 2nd and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" ap-

WEDNESDAY, FEBRUARY 23, 1977

1207

proved April 19, 1973, as amended, so as to provide certain definitions; to specify the manner of display of numbers and decals.

HB 628. By Representative Castleberry of the lllth:
A bill to amend Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, as amended, so as to conform their meanings to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on Jan. 1, 1977.

HB 702 By Representatives Wood, Whitmire and Jackson of the 9th and others:
A bill to amend an Act creating the Georgia Higher Education Assistance Authority, as amended, so as to authorize and direct the Authority to establish and administer a program of student loans to eligible members of the Ga. National Guard.

HR 114. By Representatives Jones of the 126th, Triplett of the 128th, 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 Swift Agricultural Chemicals Corp., a Delaware Corporation, and Colonial Land Co., a Ga. corporation, as their interests may appear, their sucessors and assigns, an irrevocable easement, over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Ga.

HR 116. By Representatives Butler of the 56th, Pilewicz of the 41st, Karrh of the 106th and others:
A resolution creating the Justice of the Peace Study Committee.

SB 328. By Senator Barnes of the 33rd:
A bill to amend an Act incorporating the City of Powder Springs, as amended, so as to change the punishments which may be imposed by the mayor's court.

SB 332. By Senator Barnes of the 33rd:
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; to change the provisions relative to qualifications for the office of mayor or council-

SR 75. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to change the income qualifications for certain elderly and disabled tax-

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payers who are entitled to additional homestead exemptions within Fulton County; to provide for the submission of this amendment for ratification or rejection.

HB 399. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968, so as to extend and increase the corporate limits of the City of LaGrange.

HB 474. 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 provisions thereof relative to the appointment of a judge pro hac vice; to provide for the compensation, duties and qualifications of the judge pro hac vice.

HB 733. By Representatives Wall of the 61st, Phillips of the 59th and Harris of the 60th:
A bill to continue and re-create the State Court of Gwinnett County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court.

HB 739. By Representatives Stone and Greene of the 138th:
A bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of com pensation, as amended, so as to change the salary of the sheriff.

HB 825. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to create and establish the Troup County Airport Authority; to provide a title for such Act ("Troup County Airport Authority Act"); to declare the need for such Authority; to declare the public purpose of the Authority; to provide for members of the Authority and their terms.

HB 834. By Representative Banner of the 130th:
A bill to create and establish a Small Claims Court in and for Randolph County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 835. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system of compensation, as amended, so as to change the compensation of the Sheriff; to provide an effective date.

WEDNESDAY, FEBRUARY 23, 1977

1209

HB 838. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, as amended, so as to change the county supplement to the State salary of said judges.

HB 841. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues for Whitfield County, so as to change the compensation of the chairman and members of the board of commissioners.

HB 842 By Representative Culpepper of the 98th:
A bill to amend to Act placing the Sheriff of Crawford County upon an annual salary, as amended, so as to change the compensation pro visions relating to the sheriff.

HB 843. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said clerk.

HB 844. By Representative Culpepper of the 98th:
A bill to amend an Act abolishing the fee system of compensation for the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, as amended, so as to change the compensation pro visions relating to the tax commissioner.

HB 847. By Representative Hanner of the 130th:
A bill to amend an Act incorporating the Town of Parrott in Terrell County, as amended, so as to change the date of elections in said Town.

HB 850. By Representatives Battle of the 124th, Triplett of the 128th, Hill of the 127th and others:
A bill to amend an Act to provide for the compensation of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the U.S. Decennial Census of 1970 or any future such census, so as to change the compensation of the tax commissioner in each such county.

HB 853. By Representative Clifton of the 107th: A bill to create and establish a Small Court in and for Candler County;

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to prescribe the jurisdiction of said court; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 854. By Representative Clifton of the 107th:
A bill to amend an Act creating a new charter for the City of Metter, as amended, so as to change the time for holding municipal elections; to change the terms of office of the Mayor and Councilman.

HB 855. By Representative Hudson of the 137th:
A bill to amend an Act entitled "An Act to amend an Act to incorporate the City of Fitzgerald and establishing a new charter therefor, and the several Acts amendatory thereof, and for other purposes.", as amended, so as to change the provision relative to the maximum rate of taxation for the operation of the public schools.

HB 856. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating a board of commissioners of Bulloch County, as amended, so as to change the provisions relative to the compensation of clerical assistants; to provide an effective date.

HB 857. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the State Court of Screven County, as amended, so as to change the provisions relative to the compensation of the judge and solicitor of said court; to provide an effective date.
HB 859. By Representative Hatcher of the 131st:
A bill to repeal an Act to provide for the compensation of the board of education counties having a population of not less than 4,540 and not more than 4,550 according to the U.S. Decennial Census of 1960 or any future such census.
HB 861. By Representatives Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, as amended, so as to change the compensation of said Clerk.
HB 862. By Representatives Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County and providing in lieu thereof an annual salary, as amended, so as to change the compensation of the sheriff.

HB 864. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and White of the 132nd:
A bill to amend an Act placing certain of the county officers of Dougherty

WEDNESDAY, FEBRUARY 23, 1977

1211

County upon, an annual salary, as amended, so as to authorize the governing authority of Dougherty County to provide for a supplement to the salary of the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Dougherty County.

HB 865. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act placing the Sheriff of Bulloch County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the Sheriff and his deputies; to provide an effective date.

HB 877. By Representatives Mostiler and Carlisle of the 71st:
A bill to repeal an Act 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 according to the U.S. Decennial Census of 1970 or any future such census.

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

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

Fincher Foster Gillis Greene Hill Holloway Hudgins Hudson Johnson Kennedy Kidd Langford McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not answering were Senators:

Dean of 6th

Howard

Lester

Senator Broun of the 46th introduced the chaplain of the day, Reverend Bevel Jones, pastor of the First United Methodist Church, Athens, Georgia, who offered prayer.
The following resolutions of the Senate and House were read and adopted:

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SR 126. By Senator English of the 21st: A resolution commending the Honorable Preston B. Lewis, Jr.

SR 128. By Senators Gillis of the 20th, Walker of the 19th, English of the 21st and others:
A resolution commending Mr. Eli Branch.

HR 283. By Representatives Baugh of the 108th and Parham of the 109th: A resolution commending the Swampland Opera House.

SENATE RULES CALENDAR Wednesday, February 23, 1977

SB 91 State Meetings Open to Public--notice of time and place (SUB) HB 5 Tax Digests Kept By Collectors--repeal Code HB 6 Delinquency of Occupation Taxes--repeal Code HB 7 Cigarette, Cigar Tax Stamp--show amount of tax paid HB 8 Sinking Fund for Retirement of State Bonds--repeal Code Section HB 9 Redemption of Real Estate Sold at Tax Sales--repeal Act HB 10 License on Collecting Rent on Copyrighted Music--repeal Act HB 11 Double Tax for Failure to Make Returns--repeal Code HB 12 Corporation Tax Penalty--repeal Code Section HB 13 Itinerant Shows and Peddlers--repeal Code relating to license HB 15 Personal Property Owner--repeal Act relating to tax exemption HB 16 Tax Digest--repeal certain Code Section HB 18. Tax on Transient Person's Property--repeal Code Section HB 34 City Primary and Election--in conjunction with general election HB 59 County Board of Health--direct director to conduct certain hearings HB 168 Interstate Compact on Placement of Children--State be party to HB 173 Nonresident--personal jurisdiction HB 259 Employment of Handicapped Persons--encourage (AM) HB 285 Execution of Public Securities-county Superior Court Clerk authorize HB 311 Wildlife Technicians--provide for pay grades (AM) HB 487 Absentee Ballots--additional requirements for casting HB 488 Absentee Ballots--minimum time to be prepared for certain elec
tions HB 598 Peace Officer Training define function of Standards and Training
Council

WEDNESDAY, FEBRUARY 23, 1977

1213

HB 657 Sample Ballot--municipality prepare ballot labels
HB 658 Securing of Election Supplies-county superintendents prepare ballot labels
HR 87 Disabled Veteran--vehicle ad valorem tax exempt
HR 190 Four-Lane Bridge on Georgia 72 and South Carolina 72--urging to build
HR 210 Personnel Board and Commissioner--urge rescind action on veterans preference
SB 194 Plumbing Installation Inspections-licensing of persons engaged in (AM)
SB 284 Savannah Beach Alcoholic Beverage Sale--Sunday
HB 464 Transfer of Property Deeds--exempt tax certain conditions (AM)
HB 597 Peace Officers--registration of exempt peace officers

Respectfully submitted,

Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the Senate, favorably reported by the committee, was read the third time on February 14 and committed to the Committee on Judiciary, favorably reported February 22, was put upon its passage:

SB 91. By Senator Barker of the 18th:
A bill to amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission or political subdivision of any county, municipal corporation, board of education, at which official actions are to be taken are public meetings and shall be open to the public at all times.

Senator Robinson of the 27th moved to print the amendments to SB 91.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the amendments to SB 91 were ordered printed.
Senator Barker of the 18th moved to postpone action on SB 91 until Monday, February 28.
On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 91 was postponed until Monday, February 28.
The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereto:

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HB 583. By Representatives Horton of the 43rd, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide for an effective date.

The Conference Committee Report was as follows:

The Conference Committee on HB 583 recommends that both the Senate and House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 583 be adopted.

Respectifully submitted,

FOR THE SENATE:
Is/ Terrell Starr Senator, 44th District
/s/ James W. Tysinger Senator, 41st District
/s/ Joe Thompson Senator, 32nd District

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Gerald T. Horton Representative, 43rd District

/s/ Lauren McDonald

?

Representative, 12th District

/s/ E. Roy Lambert Representative, 112th District

Conference Committee Substitute to HB 583:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p. 74), so as to further define certain terms; to provide the Governor with certain additional emergency powers; to provide for a limitation of liability; to provide certain limitations on the Governor's authority; to provide for an effective date and an expiration date; to provide for severability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Georgia Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p. 74), is hereby amended by striking Section 3, relating to definitions, in its entirety and substituting a new Section 3 to read as follows:
"Section 3. Definitions, (a) The term 'civil defense' means the preparation for the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, the prevent, minimize, and repair injury and damage resulting from

WEDNESDAY, FEBRUARY 23, 1977

1215

emergencies, energy emergencies, or disasters, or the imminent threat thereof, of man-made or natural origin, caused by enemy attack, sabotage, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill, or other water contamination requiring emergency action to avert danger or damage, epidemic, air con tamination, blight, drought, infestation, explosion, riot, or other hostile action, or other causes. These functions include, without limitation, fire fighting services, police services, medical and health services, rescue, engineering, warning services, communications, defense from radiological, chemical and other special weapons, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

(b) 'Energy emergency' means a condition of danger to the health, safety, welfare, or economic well-being of the citizens of the State of Georgia arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of Georgia resulting from the operation of any electrical power generating facility, the transport of any energy resource by any means whatsoever, or the production, use or disposal of any source material, special nuclear material, or byproduct as defined by the Atomic Energy Act of 1954, 08 Stat 919, 42 U.S.C. 2011, et seq.; also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring within or without the State of Georgia, substantially affecting the health, safety, or welfare of the citizens of this State.

(c) 'Energy resources' includes all forms of energy or power including, without limitation, oil, gasoline, and other petroleum pro ducts; natural or synthetic gas, electricity in all forms and from all sources; and other fuels of any description, except wood.

(d) 'State of emergency' means the condition declared by the Governor when, in his judgment, the threat of actual occurrence of a disaster or emergency or energy emergency in any part of the State is of sufficient severity and magnitude to warrant extraordi nary assistance by the State to supplement the efforts and available resources of the several localities and relief organizations in pre venting or alleviating the damage, loss, hardship, or suffering threatened or caused thereby and is so declared by him."

Section 2. Said Act is further amended by adding at the end of Section 7, relating to emergency powers, the following language:

"(6) To issue orders, rules and regulations providing for:

(a) the degree to which public buildings, commercial and in dustrial establishments, and private homes and residences may be heated or cooled, regardless of energy resource used.

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(b) The hours and days during which all State-owned facilities or offices may or are required to remain open.

(c) The hours and days which all county or municipally owned facilities or offices may or are required to remain open.

(d) The hours and days which all schools, universities and educational institutions within the State may or are required to re main open; provided, however, nothing contained herein shall operate to limit the total number of days which an educational institution is required by law to remain open.

(e) The hours and days which all commercial establishments for the entertainment or amusement of the general public may or are required to remain open.

(f) The hours and days which all other commercial or industrial establishments not essential to the public's health, safety or welfare may or are required to remain open.

(7) To issue orders, rules and regulations amending or suspend ing any or all restrictions or penalties regarding transportation of energy resources.

(8) To establish and implement regional programs and agree ments for the purposes of coordinating any energy reserve programs and actions of the State with those of the Federal Government and of other states and localities.

(9) To allocate, except where by law this authority is granted to the Public Service Commission, any energy resource in such manner as deemed proper in order to protect the public health, safety or welfare, including for such purposes, the power and au thority to alter, amend, suspend or terminate any existing rate, schedule, contract, rule or regulation affecting such energy resource, and to prescribe new or further rates, schedules, contracts, rules or regulations affecting such energy resource. Provided that in the event such rates, schedules, contracts, rules, or regulations are altered, amended, or prescribed by the Governor, they shall be just
and reasonable.

(10) To establish a three-member hardship committee, com prised of the Chairman of the Public Service Commission or his
designee, and two members appointed by the Governor, which would permit exceptions, when life or property critical to the public health, safety or welfare is jeopardized because of any orders, rules or regulations issued under subsections (c)(6), (c)(7) or (c)(9) above.

(11) To provide for the imposition of a civil penalty not to exceed $100 for each violation by an occupant of a private home or residence and not to exceed $5,000 for any other violation, and the methods and conditions of its collection, for failure to comply with

WEDNESDAY, FEBRUARY 23, 1977

1217

the orders, rules or regulations promulgated by the Governor pursuant to this Section.

(12) If the Governor declares a state of emergency solely be cause of an energy emergency, he shall not have the authority to:

(i) Seize, take for temporary use or condemn property other than energy resources as authorized by Section 7(c)(2) of this Act; or

(ii) Sell, lend, give or distribute property other than energy resources as authorized by Section 7(c)(3) of this Act; or

(iii) Commandeer or utilize property other than energy resources as authorized by Section 7(c) (5) (d) of this Act."

Section 3. Said Act is further amended by adding at the end of Section 7, relating to emergency powers, the following language:

"(d) Any individual, partnership, association or corporation who acts in accordance with an order, rule or regulation entered by the Governor pursuant to the authority granted herein will not be held liable to any other individual, partnership, association or corporation by reason thereof in any action at law or in equity."

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7, Paragraph 6 through 11 of the Georgia Civil Defense Act of 1951 as amended by this Act shall expire, and be hereby repealed, as of April 1, 1980.

Section 5. 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 unconstitutional.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Tysinger of the 41st moved that the Senate adopt the Conference Committee Report on HB 583.

On the adoption of the Conference Committee Report, 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:

Allgood
Ballard Banks
Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge English Fincher
Foster

Gillis
Greene Hill
Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Overby Paulk Pearce Reynolds Riley

Robinson
Russell Scott
Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Dean of 6th Dean of 31st

Evans Johnson

McGill Wessels

On the adoption of the Conference Committee Report, the yeas were 49, nays 1, and the Conference Committee Report on HB 583 was adopted.

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 294. By Representatives Marcus of the 26th, Hamilton of the 31st, Bolster of 30th and others:
A resolution requesting a delay in the demolition of the old Atlanta Public Library building.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage.

HB 5. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Chapter 92-52, relating to the requiring of tax collectors to prepare and keep special or occupational tax digests, pro-

WEDNESDAY, FEBRUARY 23, 1977

1219

cedures connected with preparing and maintaining special or occupational tax digests, and remittances of delinquent taxes.
Senate Sponsor: Senator Lester of the 23rd.

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

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Those not voting were Senators:

Dean of 6th Duncan

Johnson

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Riley

On the passage of the bill, the yeas were 52, nays 0.

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

The following bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:

HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games.

1220

JOURNAL OF THE SENATE,

The Conference Committee Report was as follows:

MR. SPEAKER:

MR. PRESIDENT:

Your Conference Committee on HB 410 has met and recommends that the House and Senate recede from their respective positions and that the attached Conference Committee Substitute to HB 410 be adopted.

Respectfully submitted,

FOR THE SENATE
I si Thomas R. Scott Senator, 43rd District
/s/ Paul C. Broun Senator, 46th District
/s/ Terrell Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES
Isl Dick Lane Representative, 40th District
Isl Edwin G. Mullinax Representative, 69th District
/s/ Joe T. Wood Representative, 9th District

Conference Committee Substitute to HB 410:
A BILL
To be entitled an Act to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games; to provide a licensing procedure; to require fees; to provide for and regulate the operation of bingo games; to require annual reports and to provide for their contents; to provide for revocation of licenses; to provide a right of access for certain law enforcement agents; to prohibit certain con tracts; to prohibit certain activities; to provide for rules and regulations; to provide for penalties; 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 GEORGIA:
Section 1. Definitions. As used in this Act:
(a) "Bingo games" or "nonprofit bingo games" means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. Such words, terms or phrases, as used in this subsection, shall be strictly construed to include only that series of acts generally defined as bingo and shall exclude all other activity.

WEDNESDAY, FEBRUARY 23, 1977

1221

(b) "Commissioner" means the State Revenue Commissioner.

(c) "Operate", "operated" or "operating" means the direction, supervision, management, operation, control or guidance of activity, tivity.

Section 2. Operation of bingo games; license required. Any pro vision of the law to the contrary notwithstanding, no nonprofit tax exempt organization shall be permitted to operate a bingo game until the Commissioner issues a license to the organization authorizing it to do so. In the event of any controversy concerning whether or not certain activity constitutes bingo for which a license may be issued, the decision of the State Revenue Commissioner shall control. The license described in this Act is in addition to and not in lieu of any other licenses which may be required by the State of Georgia or any political subdivision thereof, and no bingo game shall be operated until such time as all requisite licenses have been obtained.
Section 3. Licensing procedures; application; fee; renewal. Any nonprofit tax exempt organization desiring to obtain a license to operate bingo games shall make application to the Commissioner on forms prescribed by the State Department of Revenue and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit tax exempt organization unless such organization has been in existence for 24 months immediately prior to the issuance of the license. Renewal ap plications for each calendar year shall be filed with the Commissioner by such organization and shall be on a form prescribed by the State Department of Revenue. All licenses to operate bingo games shall be prominently displayed within the premises where the bingo games are conducted.
Section 4. Operation of bingo games; place where held. Bingo games shall be operated only on premises owned by the nonprofit tax exempt organization operating the bingo game, on property leased by the nonprofit tax exempt organization and used regularly by that organization for purposes other than the operation of a bingo game, or on property leased by the nonprofit tax exempt organization operating the bingo game, from another nonprofit tax exempt organization.
Section 5. Age restriction to play or conduct bingo games. No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued under this Act unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of bingo conducted pursuant to any license issued under this Act.
Section 6. Annual report to filed with the Commissioner. On or before April 15 of each year every nonprofit tax exempt organization engaged in operating bingo games shall file with the Commissioner a report disclosing all receipt and expenditures relating to the operation of bingo games in the previous year. Said report shall be in addition to all other reports required by law. Said report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection.

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JOURNAL OP THE SENATE,

Section 7. Revocation of licenses; access to premises by law en forcement agents. The Commissioner shall have the specific authority to revoke any license for any violation of the provisions of this Act or for any violation of any rule or regulation promulgated hereunder. Any licensee accused of violating any provision of this Act or of any rule or regulations promulgated hereunder shall be entitled, unless waived, to a hearing on the matter of the alleged violation. Agents appointed by the Commissioner, any State law enforcement officer and agents of local law enforcement agencies are empowered and authorized to enter upon the premises of any organization engaged in the operating of a bingo game at any time for the purpose of inspecting said premises and shall have the authority to seize and take possession of all property which is declared contraband. In addition, said agents shall have access during such inspection to all books, records and supplies relating to the operating of the bingo game.
Section 8. Certain contracts prohibited; prohibited activities, (a) No nonprofit tax exempt organization shall enter into any contract with any individual, firm, association or corporation to have such individual, firm, association or corporation operate bingo games on behalf of the nonprofit tax exempt organization. It is the intention of the General Assembly that only nonprofit tax exempt organizations which are properly licensed pursuant to this Act shall be allowed to operate bingo games.
(b) A nonprofit tax exempt organization shall not lend its name or allow its identity to be used by any individual, firm, association or corporation in the operating or advertising of a bingo game in which said nonprofit tax exempt organization is not directly and solely operat ing said bingo game.
(c) It shall be unlawful for two or more nonprofit tax exempt organizations which are properly licensed pursuant to this Act to operate bingo games jointly or to operate bingo games upon the same premises during any 18 hour period.

(d) It shall be unlawful for two or more nonprofit tax exempt organizations which are properly licensed pursuant to this Act to pyramid the valuation of prizes in such a manner as to exceed the limits in cash or gifts of equivalent value as provided in Art. I, Sec. II, Par. XI of the Constitution of the State of Georgia. The term "equivalent value" shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game.
(e) No person or organization by whatever name or composition thereof shall take any salary, expense money or fees for the operation of any bingo game, except that not more than $15.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day.

Section 9. Rules and regulations. The Commissioner is hereby au thorized to promulgated rules and regulations which he deems necessary for the proper administration and enforcement of the provisions of this
Act.

WEDNESDAY, FEBRUARY 23, 1977

1223

Section 10. Penalty. Any person who operates a bingo game with out a valid license issued by the Commissioner as provided in this Act, or who operates a bingo game on premises not authorized by this Act and any person who knowlingly aids, abets or otherwise assists in the operation of a bingo game for which a license has not been obtained as provided in this Act, shall be guilty of a misdemeanor, and upon con viction thereof, shall be fined not less than $500.00 nor more than $1,000.00 or confined for a period of not less than one month nor more than 12 months or both. Any person who commits any such violation after having previously been convicted of any violation of the provisions of this Act shall be guilty of a felony and, upon conviction thereof, shall be punished as for a felony.
Section 11. Onetime license for certain organizations to play bingo. Notwithstanding the other provisions of this Act, the Commissioner upon written application shall be authorized to issue a onetime license to a nonprofit tax exempt school which will allow it to operate a bingo game one day annually, shall have the power in such cases to waive the license fee provided for in Section 3, in such cases waive the annual report pro vided for in Section 6 and otherwise promulgate rules and regulations to carry out the provisions of this Section.
Section 12. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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 13. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.

Section 14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Scott of the 43rd moved that the Senate adopt the Conference Committee Report on HB 410.

On the adoption of the Conference Committee Report, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell

Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 31st

Doss Eldridge Evans Fincher Foster Gillis

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JOURNAL OF THE SENATE,

Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill

Overby Paulk Pearce Reynolds Robinson Russell Scott Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Carter Dean of 6th

Duncan English

Johnson Riley

On the adoption of the Conference Committee Report, the yeas were 50, nays 0, and the Conference Committee Report on HB 410 was adopted.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 6. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-5801, relating to the application of the provisions of Code Chapter 92-58; to repeal Code Section 92-5803, re lating to when special or occupation taxes become delinquent.
Senate Sponsor: Senator Lester of the 23rd.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell

Doss Eldridge English Evans Fincher Foster Gillis Greene Hill Howard Hudson Kennedy

Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Robinson Russell Scott Shapard

WEDNESDAY, FEBRUARY 23, 1977

1225

Starr Stephens Stumbaugh Summers Suttton

Tate Thompson Timmons Traylor Turner

Tysinger Walker Wessels

Those not voting were Senators:

Dean of 6th Dean of 31st Duncan

Holloway Hudgins

Johnson Riley

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

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

HB 7. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to amend an Act relating to the taxing of cigars, cigarettes, little cigars, cherootes and stogies so as to provide that each such tax stamp or other indication of the payment of the tax shall show the amount of tax paid".
Senate Sponsor: Senator Lester of the 23rd.

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:

Allgood Ballard Banks Barker Barnes Bell
Bond Brantley
Broun of 46th
Brown of 47th Carter
Coverdell Doss Duncan
Eldridge English
Evans

Fjncher Foster Gillis Greene Hill Holloway
Howard Hudgins
Kennedy
Kidd Langford
Lester McGill Overby
Paulk Pearce
Reynolds

Robinson Russell Scott Shapard Starr Stephens
Stumbaugh Summers
Sutton
Tate Thompson
Timmons Traylor Turner
Tysinger Walker
Wessels

1226

JOURNAL OP THE SENATE,

Those not voting were Senators:

Dean of 6th Dean of 31st

Hudson Johnson

Riley

On the passage of the bill, the yeas were 51, nays 0.

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

HB 8. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-111, relating to the ad valorem tax for sinking fund for retirement of State bonds and to meet appropriations, as amended by Paragraph 2 of Section 2 of an Act approved March 28, 1935.
Senate Sponsor: Senator Lester of the 23rd.

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:

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

Evans Foster Gillis Greene Hill Holloway Howard Hudgins Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Dean of 6th Pincher Hudson

Johnson Riley

Russell 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 23, 1977

1227

HB 9. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to provide for the redemption of real estate sold at tax sales by municipal authorities; and for other purposes".
Senate Sponsor: Senator Lester of the 23rd.

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:

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

Foster Gillis Greene Hill Holloway Johnson Kennedy Kidd. Langford Lester McGill Overby
Paulk
Pearce
Reynolds
Robinson

Scott Shapard Starr. Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger
Walker
Wessels

Those not voting were Senators:

Dean of 6th Duncan English Fincher

Howard Hudgins Hudson

Riley Russell Timmons

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

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

HB 10. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to impose and fix a license of one thousand dollars on each person collecting rents or fees on copy righted music, and radio programs, in each county in Georgia".
Senate Sponsor: Senator Lester of the 23rd.

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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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Evans Foster Gillis Greene Hill Holloway Howard Hudson Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk
Reynolds
Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton
Tate
Thompson
Traylor
Turner
Tysinger
Walker

Those not voting were Senators:

Dean of 6th Fincher Hudgins

Johnson Pearce

Timmons Wessels

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

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

HB 11. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-2309, relating to double tax for failure to make returns; to repeal Code Chapter 92-66, relating to double taxation and procedures for imposing or relieving double tax.
Senate Sponsor: Senator Lester of the 23rd.

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:

WEDNESDAY, FEBRUARY 23, 1977

1229

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy
Kidd Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens
Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Dean of 6th Hudgins

Pearce

Timmons

On the passage of the bill, the yeas were 52, nays 0.

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

Senator Riley of the 1st introduced the Honorable John Rousakis, Mayor of the City of Savannah, who briefly addressed 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 12. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-7305, relating to penalty or default tax on corporations where there is no special provision and to require that such defaulters be triply taxed; to repeal Code Section 92-7306, relating to penalty or default tax on foreign insurance companies, foreign bank agencies, and express companies.
Senate Sponsor: Senator Lester of the 23rd.

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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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Allgood

Ballard

Banks

Barker

Barnes



Bond

Brantley'

Broun of 46th

Brown of 47th

Carter

Coverdell

Dean of 31st

Doss

Duncan

Eldridge

English

EVans

Foster Gillis
Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langf ord Lester McGill Overby Paulk Pearce

Reynolds Riley
Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Dean of 6th

Fincher Scott

Stephens

On the passage of the bill, the yeas were 51, nays 0.

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

HB 13. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-3902, relating to license fees imposed on itinerant shows and peddlers; to repeal Code Section 92-3902, relating to the one-year term of such license required by Code Section 92-3902.
Senate Sponsor: Senator Lester of the 23rd.

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:

Allgood Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans

Fincher Foster Gillis Greene Hill Howard Hudgins Hudson

WEDNESDAY, FEBRUARY 23, 1977

1231

Johnson Kennedy Kidd Langford Lester Overby Paulk Pearce Reynolds

Riley Russell Scott Shapard Starr Stumbaugh Summers Button Tate

Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Bond Dean of 6th

Holloway McGill

Robinson Stephens

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

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

HB 15. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal an Act entitled "An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said per sonal property; to provide for personal property application blanks".
Senate Sponsor: Senator Lester of the 23rd.

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:

Allgood Ballard Barker Barnes Bond Brantley Broun of 46th 'Carter Coverdell
Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy
Kidd Langford Lester Overby Paulk Pearce Reynolds

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Traylor Turner Walker Wessels

1232

JOURNAL OF THE SENATE,

Those not voting were Senators:

Banks Bell Brown of 47th

Dean of 6th Hudgins McGill

Riley Timmons Tysinger

On the passage of the bill, the yeas were 47, nays 0.

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

HB 16. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-6306, relating to the requirement that tax receivers enter names in full upon the tax digest.
Senate Sponsor: Senator Lester of the 23rd.

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:

Allgood Ballard Barker Brantley Broun of 46th Carter 'Coverdell Doss Duncan Eldridge English
Fincher
Foster
Gillis
Holloway

Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk
Pearce
Reynolds
Riley
Robinson

Those voting in the negative were Senators :

Barnes Bond

Evans Greene

Those not voting were Senators :

Banks Bell Brown of 47th

Dean of 6th Dean of 31st

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Walker Wessels
Hill Tate
Timmons Tysinger

WEDNESDAY, FEBRUARY 23, 1977

1233

On the passage of the bill, the yeas were 43, nays 6.

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

HB 18. By Representatives Harris of the 8th, Rainey of the 135th, Carrell of the 75th and others:
A bill to repeal Code Section 92-106, relating to the taxation of property owned by transient persons; to repeal Code Section 92-107, relating to the defining of transient persons.
Senate Sponsor: Senator Lester of the 23rd.

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:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 31st Doss Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Overby Paulk Pearce Reynolds

Voting in the negative was Senator McGill.

Those not voting were Senators:

Banks Brown of 47th Dean of 6th

Duncan Johnson

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Walker Wessels
Timmons Tysinger

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 34. By Representatives Howell of the 140th and Bray of the 70th: A bill to amend Title 34A of the Code of Georgia, said Title being known as the Georgia Municipal Election Code, so as to provide for municipal

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JOURNAL OF THE SENATE,

primaries and elections held in conjunction with general primaries and elections.
Senate Sponsor: Senator Kidd of the 25th.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th
Carter
Coverdell
Dean of 31st
Doss
Duncan
Eldridge
English
Evans
Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson
Kennedy
Kidd
Langford
Lester
McGill
Overby
Paulk
Pearce
Reynolds

Riley Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton
Thompson
Timmons
Traylor
Turner
Tysinger
Walker
Wessels

Voting in the negative was Senator Tate.

Those not voting were Senators:

Brown of 47th

Dean of 6th

Robinson

On the passage of the bill, the yeas were 52, nays 1.

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

HB 59. By Representatives Marcus of the 26th, Hudson of the 137th and Parham of the 109th:
A bill to amend Code Section 88-304, relative to hearings in connection with administrative procedure under the "Georgia Health Code", so as to provide that a county board of health is authorized to direct its direc tor, or the director's appointee, to conduct certain hearings and to vest such with certain necessary powers, ancillary to that function.
Senate Sponsor: Senator Hudson of the 35th:

WEDNESDAY, FEBRUARY 23, 1977

1235

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:

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

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Russell
Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Walker Wessels

Those not voting were Senators:

Dean of 6th

Riley

Robinson Tysinger

On the passage of the bill, the yeas were 52, nays 0.

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

The President announced that the Senate would stand in recess from 12:21 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President 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 168. By Representatives Snow of the 1st, Walker of the 115th, Tucker of the 73rd and others:
A bill to provide that the State of Georgia shall be a party to the "Inter state Compact on the Placement of Children."
Senate Sponsor: Senator Hill of the 29th.

1236

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:

Barker
Barnes Bell Broun of 46th Brown of 47th Carter Doss Duncan Eldridge English Evans Poster Gillis Greene

Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Robinson Scott Shapard Starr Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Wessels

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Allgood Ballard Banks Bond Brantley

Coverdell Dean of 6th Dean of 31st Fincher Riley

Russell Stephens Walker

On the passage of the bill, the yeas were 42, nays 1.

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

HB 173. By Representatives Snow of the 1st, Walker of the 115th, Tucker of the 73rd and others:
A bill to amend an Act providing for personal jurisdiction over any non resident, or his executor, as to a cause of action arising from the trans action of business within this State, or the commission of a tortious act within this State, or owning, using or possessing real property situated within this State.
Senate Sponsor: Senator Johnson of the 34th.

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:

WEDNESDAY, FEBRUARY 23, 1977

1237

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Doss Duncan Eldridge English Evans Fincher Foster

Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Wessels

Those not voting were Senators:

Bond Brantley Coverdell

Dean of 6th Dean of 31st Riley

Russell Walker

On the passage of the bill, the yeas were 48, nays 0.

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

HB 259. By Representatives Tucker of the 73rd, Games of the 43rd, Wood of the 9th and others:
A bill to encourage the employment of handicapped persons by protecting employers for excess liability for compensation for certain injuries; to add a new Code Title 114A to relate to the workers' compensation law; to amend the said Code Title 114A, relative to workers' compensation law, so as to create a Subsequent Injury Trust Fund.
Senate Sponsor: Senator Ballard of the 45th.
The Senate Committee on Industry, Labor and Tourism offered the following amendment:
Amend HB 259 by striking in its entirety that portion of Section 1, designated "114-901. Creation of the Fund.",
and by substituting therefor the following:
"114-901. Creation of the fund. There is hereby established a Subsequent Injury Trust Fund which shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in accor dance with the provisions of this Chapter. The fund shall be ad ministered by the Administrator of the Subsequent Injury Trust Fund. The Director of the Fiscal Division of the Department of Ad-

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JOURNAL OF THE SENATE,

ministrative Services shall be the custodian of the fund, and he shall make the sole determination as to how the monies of the fund are to be invested. All monies in the fund shall be held in trust by the custodian and shall not be money or property of the State. The cus
todian shall be authorized to disburse monies from the fund only upon written order of the Administrator.";

and by striking in its entirety that portion of Section 1 of the bill desig nated "114-903 (e)

and by substituting therefor the following:

"114-903 (e). The Board shall elect one of their number as chairman, who shall serve for a period of two years.

and by striking in its entirety that portion of Section 1 designated "114-95. Cost of Administration; Budget."

and substituting therefor the following:

"114-905. Cost of Administration; Budget.

(a) The entire cost of the administration of the fund shall be paid from the assets of the fund.

(b) The Administrator shall annually submit to the Board of Trustees a budget estimate for the cost of administration of the fund for the fiscal year, in accordance with the requirements of the Budget Act, Georgia Code Ch. 40-4.

(c) Upon approval by the Board of Trustees, a copy of the ap proved budget estimate for the cost of administration of the fund shall be filed with the Office of Planning and Budget as required by the Budget Act, Georgia Code Ch. 40-4.
(d) Upon enactment by the General Assembly and approval by the Governor, the Budget for the cost of administration of the fund shall be delivered to the custodian, who shall transfer funds to the Administrator's operating account in accordance with the provisions of the Budget Act, Georgia Code Ch. 40-4.
(e) The fund shall be audited annually in the same manner as other State Departments and agencies."

On the adoption of the amendment, the yeas were 1, nays 35, and the amend ment was lost.

Senator Ballard of the 45th offered the following amendment: Amend HB 259 by striking in its entirety that portion of Section 1

WEDNESDAY, FEBRUARY 23, 1977

1239

designated "114-1901. Creation of the Fund.",

and by substituting therefor the following:

"114-901. Creation of the Fund. There is hereby established a Subsequent Injury Trust Fund which shall be of a perpetual, nonlapsing nature for the sole purpose of making payments in ac cordance with the provisions of this Chapter. The fund shall be ad ministered by the Administrator of the Subsequent Injury Trust Fund. All monies in the fund shall be held in trust and shall not be money or property of the State. The Board of Trustees created by Code Section 114-903 shall be authorized to invest the monies of the fund in the same manner as provided by law for investments by domestic insurers (Georgia Insurance Code, Title 56, Chapter 10). The Board of Trustees shall be authorized to designate the Director of the Fiscal Division of the Department of Administrative Services as custodian of the fund for the purpose of investing the fund. In the event the Director of the Fiscal Division of the Department of Administrative Services is appointed custodian, he shall have ex clusive control of the investment of the fund, and the Trustees shall be absolved of any responsibility for such fund. The custodian shall be authorized to disburse monies from the fund only upon written order of the Administrator.";

and by striking in its entirety that portion of Section 1 of the bill desig nated "114-903 (a)",

and by substituting therefor the following:

"114-903. Board of trustees; creation; appointment; term; duties, (a) There is hereby created a Board of Trustees of the Subsequent Injury Trust Fund composed of five members who shall serve for a term of six years each. One member shall be selected from each of the following fields: the insurance industry; rehabili tation professionals; management; labor; and the public at large. The Insurance Commissioner and the Secretary-Treasurer of the State Board of Workmen's Compensation shall be ex officio mem bers of the Board of Trustees. The ex officio members shall serve without compensation in an advisory capacity only.";

and by striking in its entirety that portion of Section 1 of the bill des ignated "114-903 (e)",

and by substituting therefor the following:

"114-903 (e). The Board shall elect one of their number as chairman, who shall serve for a period of two years.";

and by striking in its entirety that portion of Section 1 designated "114-905. Cost of Administration; Budget.",

and by substituting therefor the following:

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JOURNAL OF THE SENATE,

"114-905. Cost of administration; budget, (a) The entire cost of the administration of the fund shall be paid from the assets of the fund.

(b) The Administrator shall annually submit to the Board of Trustees, under such rules and regulations as the Board may prescribe, a budget of the costs of administration of the fund for the fiscal year. The Board of Trustees shall submit to the Office of Planning and Budget the proposed budget for comment prior to approval.

(c) Upon approval by the Board of Trustees, a copy of the operating budget shall be filed with the custodian of the fund who, on July 1, shall transfer to the Administrator's operating account such funds as are required by the budget less any amounts remaining in the operating account from prior years.

(d) Funds held by the Administrator in the operating account shall not in any way be deemed to be appropriated funds but shall
be audited annually as other State departments and agencies."

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 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:

Allgood Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Scott Shapard Starr . Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 23, 1977

1241

Those not voting were Senators:

Bell Brantley

Dean of 6th Russell

Tate Timmons

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 285. By Representative Bolster of the 30th:
A bill to amend an Act providing for the use of facsimile signatures in the execution of public securities, so as to provide that the clerk of the superior court of each county of this State may authorize the execution of any public securities requiring or permitting his signature with an engraved, imprinted, stamped or otherwise reproduced facsimile of such signature.
Senate Sponsor: Senator Johnson of the 34th.

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:

Allgood

Foster

Ballard

Gillis

Banks

Greene

Barker

Hill

Barnes

Holloway

Bond

Howard

Broun of 46th

Hudgins

Brown of 47th

Hudson

Carter

Johnson

Coverdell

Kennedy

Dean of 31st

Kidd

Doss

''

Langford

Duncan

Lester

Eldridge

McGill '

English

Overby

Evans

'

Reynolds

'

Fincher

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bell Brantley Dean of 6th

Paulk Pearce

Russell Tate

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

1242

JOURNAL OF THE SENATE,

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

HB 311. By Representatives Colwell and Twiggs of the 4th, Rainey of the 135th and others:
A bill to amend an Act known as the "Conservation Ranger Act" ap proved April 19, 1973, as amended, so as to provide for pay grades for wildlife technicians.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend HB 311 by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and upon the appropriation of the necessary funds to implement the provisions of this Act."

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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss
Eldridge
English
Evans
Fineher
Foster

Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester
McGill
Overby
Paulk
Pearce
Reynolds

Riley Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor
Turner
Tysinger
Walker
Wessels

WEDNESDAY, FEBRUARY 23, 1977

1243

Those not voting were Senators:

Bond Brantley

Dean of 6th Duncan

Robinson Russell

On the passage of the bill, the yeas were 50, nays 0.

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

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Georgia Busbee, in a communication to the Senate on February 18, 1977, which is included in the Journal of February 18.

Senator Riley of the 1st asked unanimous consent that the reading of the appointments be dispensed with since they had been printed and distributed by the Secretary to each Senator and that one roll call suffice on all appoint ments unless any Senator designated any appointee be deleted from the list and voted on individually.

The consent was granted.

The Committee on Higher Education submitted the following reports which were read by the Secretary:
THE STATE SENATE Atlanta, Georgia 30334
February 21,1977
Honorable Hamilton McWhorter, Jr. Secretary of Senate State' Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Committee on Higher Education met on February 21, 1977, 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. O. Torbitt Ivey, Jr. of Augusta, as a member of the Board of Regents for a term beginning January 6, 1977, and ending January 1, 1984.
Sincerely,
/s/ Sam D. Doss, Jr. Chairman Higher Education Committee

1244

JOURNAL OF THE SENATE,

THE STATE SENATE Atlanta, Georgia 30334
February 21,1977

Honorable Hamilton McWhorter, Jr. Secretary of Senate State Capitol Atlanta, Georgia 30334

Dear Mr. McWhorter:

The Committee on Higher Education met on February 21, 1977, 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. Scott Candler, Jr. of Decatur, as a member of the Board of Regents for a term beginning January 6, 1977, and ending January 1, 1984.

Sincerely,

/s/ Sam D. Doss, Jr. Chairman Higher Education Committee

Senator Ballard of the 45th requested that the confirmation of Mr. Robert R. Meredith of Franklin County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1978, be deleted from the roll call of all appointments and voted on by a separate roll call.

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, except the deletion above.

The President ordered a roll call on all appointments not deleted, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell

Dean of 31st Doss Eldridge English Evans Foster Gillis Greene Hill Holloway

.
Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk

WEDNESDAY, FEBRUARY 23, 1977

1245

Pearce Reynolds Riley Robinson Russell Scott Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson

Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley Dean of 6th

Duncan Fincher

Langford Timmons

On the confirmation of the appointees, the yeas were 49, nays 0, and all of the appointments were confirmed except the deletion shown above.

On the confirmation of the appointment of Mr. Robert R. Meredith of Franklin County as a member of the Georgia Franchise Practices Commission, the President ordered a roll call, and the vote was as follows:

Those voting in the negative were Senators

Allgood Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th
Carter
Coverdell
Dean of 31st
Doss
Eldridge
English
Evans
Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson
Kennedy
Kidd
Lester
McGill
Overby
Paulk
Pearce
Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton
Tate
Thompson
Traylor
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Brantley Dean of 6th

Duncan Langford

Scott Timmons

On the confirmation of Mr. Robert R. Meredith, the yeas were 0, nays 50, and the appointment was rejected.

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor George Busbee:

1246

JOURNAL OF THE SENATE,

OFFICE OF SECRETARY OF THE SENATE
353 State Capitol Atlanta, Georgia 30334
February 25, 1977

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 18, 1977, were acted upon by the Georgia State Senate in session on February 23, 1977, with the following results:

Honorable Elizabeth A. Sterling of Fulton County as a member of the State Board of Accountancy, for the term of office beginning Septem ber 13, 1976, and ending June 30, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Wilbert H. Schwotzer of Fulton County as a member of the State Board of Accountancy, for the term of office beginning Septem ber 13, 1976, and ending June 30, 1980. The vote on this cohfirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Ernest M. Acree of Whitfield County of the State Board of Accountancy, for the term of office beginning September 13, 1976, and ending June 30, 1980. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Walter T. Carry of Fulton County as a member of the State Board for Examination, Qualification and Registration of Archi tects, for the term of office beginning September 8, 1976, and ending March 5, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

The following named persons as members of the Area Planning and Development Advisory Committee for terms beginning August 5, 1976, and serving at the pleasure of the Governor: J. Carl Daughtry, Candler County; Jack Crowder, Fulton County; Roger Shaw, Emanuel County; John J. Hood, Coweta County; Doris Flythe, Effingham County; William F. Pierce, Cook County; Dean D. Hayes, Gordon County; Lee Carter, Hart County; John H. Anderson, Jr., Pulaski County; Alton Fendley, Clay County; Frank B. Turner, Newton County; B. Lewis Brinson, Jr., Dooly County; Rhett Milam, Houston County (resigned January 25, 1977); Letchwich Watkins, Gilmer County; Robert Hawk, Walton County; Ralph Jackson, Jr., Johnson County; Rodney Moore, Ware Coun-

WEDNESDAY, FEBRUARY 23, 1977

1247

ty; John Baxter, Thomas County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable Barbara C. Calhoun of Houston County as a member of the Area Planning and Development Advisory Committee, for the term of office beginning February 14, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Council for the Arts and Humanities for terms beginning August 24, 1976, and ending August 24, 1977: Isabelle Watkins, Fulton County; Anne C. Barton, Richmond County; R. Scott Coleman, Butts County; Michael L. Lomax, Fulton County; Dorothy McClure, Muscogee County; James H. Morgan, Sr., Emanuel County; Carol Muldawer, Fulton County; Eliot Wigginton, Rabun County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Council for the Arts and Humanities for terms beginning August 24, 1976, and ending August 24, 1978: James E. Barnett, Fulton County; Fred D. Bentley, Sr., Cobb County; Joseph F. Haas, Fulton County; E. T. Kehrer, Cobb County; Dr. T. Marshall Jones, Dougherty County; Dr. Joseph Perrin, DeKalb County; Willie J. Woods, Fulton County; Lois C. Wooten, Chatham Coun ty. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Council for the Arts and Humanities for terms beginning August 24, 1976, and ending August 24, 1979: Caroline Armstrong, Chatham County; Joseph E. Cabell, Hall County; Katherine Mixson, Lowndes County; Charles M. Rafshoon, DeKalb County; Betty F. Sanders, Fulton County; Rosemary Stiefel, DeKalb County; Helen L. Strickland, Lanier County; Shirley C. Franklin, Fulton County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable Selina Burch of Fulton County as a member of the State Board of Corrections, for the term of office beginning December 20, 1976, and ending November 27, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Bridgadier General John W. Gillette of DeKalb County as Assistant Adjutant General for Army, for the term of office beginning July 19, 1976, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Irving DeGaris of Carroll County as a member of the Georgia Board of Dentistry, for the term of office beginning January 27, 1977, and ending August 1, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Jack B. Ray of Warren County as a member of the Georgia Development Authority, for the term of office beginning Decem-

1248

JOURNAL OF THE SENATE,

ber 20, 1976, and ending July 1, 1984. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable J. W. Fanning of Clarke County as a member of the Georgia Development Authority, for the term of office beginning De cember 20, 1976, and ending July 1, 1983. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

The following named persons as members of the Economic Develop ment Council of Georgia for terms beginning September 16, 1976, and serving at the pleasure of the Governor: Winburn E. Stewart, Bibb County; Johnny Sheffield, Sumter County; W. Milton Folds, Fulton County; L. H. Atherton, Cobb County; R. L. Yobs, DeKalb County; Ernest E. Melvin, Clarke County; Gene Dyson, Fulton County; Garland G. Fritts, Fulton County; John W. Talley, Jr., Fulton County; Carroll C. Underwood, Mitchell County; Russell B. Caldwell, Fulton County; Duane Grice, Richmond County; Dr. Henry Thomassen, DeKalb County; Charles E. Crowder, Fulton County; Robert H. Evans, Stephens County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.

Honorable Oscar N. Persons of Fulton County as a member of the State Election Board, for the term of office beginning May 28, 1976, and ending May 8, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Thomas M. Wilson of Cobb County as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning January 13, 1977, and ending June 1, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable R. Harold Taylor of Coweta County as a member of the Georgia Fire Academy Board, for the term 'of office beginning July 9, 1976, and ending July 9, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable David R. Trippe of Fulton County as a member of the Georgia Fire Academy Board, for the term of office beginning July 9, 1976, and ending July 9, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Robert Simpson, III of Lanier County as a member of the State Forestry Commission, for the term of office beginning June 11, 1976, and ending January 1, 1983. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Jim L. Gillis, Jr. of Treutlen County as a member of the State Forestry Commission, for the term beginning February 14, 1977, and ending January 1, 1984. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Robert J. Eubanks of Spalding County as a member of the

WEDNESDAY, FEBRUARY 23, 1977

1249

Georgia Franchise Practices Commission, for the term of office begin ning May 4, 1976, and ending May 4, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Seth L. Knight of Floyd County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Robert R. Meredith of Franklin County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1978. The vote on this con firmation was yeas 0, nays 50, and the nominee was rejected.

Honorable L. Cohen Walker of Houston County as a member of the Georgia Francise Practices Commission, for the term of office begin ning May 4, 1976, and ending May 4, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Robert M. Matre of Dougherty County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Harry V. Ruth of DeKalb County as a member of the Georgia Franchise Practices Commission, for the term of office begin ning May 4, 1976, and ending May 4, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Durward M. Jones of Habersham County as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Don Yancey of Cobb County (resigned December 31, 1976) as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Raymond W. Lucia of DeKalb County (resigned August 16, 1976) as a member of the Georgia Franchise Practices Commission, for the term of office beginning May 4, 1976, and ending May 4, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Selina Burch of Fulton County as a member of the Full Employment in Georgia Study Committee, for the term of office begin ning September 24, 1976, and ending January 10, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Jack E. Clark of Gwinnett County as a member of the Full Employment in Georgia Study Committee, for the term of office

1250

JOURNAL OF THE SENATE,

beginning September 24, 1976, and ending January 10, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable James A. Hefner of Fulton County as a member of the Full Employment in Georgia Study Committee, for the term of office beginning September 24, 1976, and ending January 10, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Richard H. Horsey of Fulton County as a member of the Full Employment in Georgia Study Committee, for the term of office beginning September 24, 1976, and ending January 10, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Robert A. Ryan, Jr. of Dade County as a member of the Georgia State Board of Funeral Service, for the term of office beginning November 12, 1976, and ending February 13, 1982. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

The following named persons as members of The Heritage Trust Commission for terms beginning April IS, 1976, and ending May 24, 1976: William L. Berry, Carroll County; Dr. Edward J. Cashin, Jr., Richmond County; Eunice L. Mixon, Tift County; Loraine P. Williams, Fulton County; Lena M. Sheats, DeKalb County. The vote on this con firmation was yeas 49, ayes 0 and the nominees were confirmed.

Honorable Jennie Tate Anderson of Cobb County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Mrs. James J. W. Biggers, Jr. of Muscogee County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Linda Billingsley of DeKalb County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Barbara D. Blum of Fulton County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable James C. Bonner of Baldwin County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Eugene E. Cline of Cherokee County as a member of The Heritage Trust Commission, for the term of office beginning April

WEDNESDAY, FEBRUARY 23, 1977

1251

13, 1976, and ending May 24, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable John H. Goddard, Jr. of Spalding County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable W. W. Law of Chatham County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable George A. Rogers of Bulloch County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Ann J. Singer of Stewart County as a member of The Heritage Trust Commission, for the term of office beginning April 13, 1976, and ending May 24, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

The following named persons as members of The Heritage Trust Commission for terms beginning May 24, 1976, and ending May 24, 1979: William L. Berry, Carroll County; Dr. Edward J. Cashin, Jr., Richmond County; Eunice L. Mixon, Tift County; Loraine P. Williams, Fulton County; Lena M. Sheats, DeKalb County. The vote on this con firmation was yeas 49, nays 0, and the nominees were confirmed.

Honorable Toni Sawyer of Fulton County as a member of the Hospital Advisory Council, for the term of office beginning January 27, 1977, and ending July 1, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable William H. Harper, Jr. of Burke County as a member of the Hospital Advisory Council, for the term of office beginning January 27, 1977, and ending July 1, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Claybon J. Edwards of Peach County as a member of the Board of Human Resources, for the term of office beginning May May 19, 1976, and ending April 6, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable L. Lamar Akins of Lamar County as a member of the Board of Human Resources, for the term of office beginning May May 19, 1976, and ending April 6, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Benjamin S. Anderson, Jr. of Polk County as a member of the Board of Human Resources, for the term of office beginning May

1252

JOURNAL OF THE SENATE,

May 19, 1976, and ending April 6, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Larry B. Mathison of Ware County as a member of the Board of Human Resources, for the term of office beginning May 19, 1976, and ending April 6, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Wells Riley of Clayton County as a member of the Board of Human Resources, for the term of office beginning December 15, 1976, and ending April 6, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Robert A. Rowan of Berrien County as a member of the Board of Human Resources, for the term of office beginning December 8, 1976, and ending April 6, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honoroble Boisfeuillet Jones of Fulton County as a member of the Board of Human Resources, for the term of office beginning January 26, 1977, and ending April 6, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Ward Whelchel of Coffee County as Judge, State Court of Coffee County, for the term of office beginning April 8, 1976, and ending January 1, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Amilee Graves of Habersham County as a member of the Judicial Qualifications Commission, for the term of office beginning February 1, 1977, and ending December 31, 1980. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Russell L. Phillips of Gwinnett County as a member of the Lake Lanier Islands Development Authority, for the term of office beginning August 6, 1976, and ending May 15, 1980. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Charles R. Holloman of Columbia County as a member of the Georgia Marriage and Family Counselor Licensing Board, for the term of office beginning November 19, 1976, and ending December 31, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Edwin H. Jolley of Muscogee County as a member of the Georgia Marriage and Family Counselor Licensing Board, for the term of office beginning November 19, 1976, and ending December 31, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Donald C. Murphy of Clarke County as a member of the Georgia Marriage and Family Counselor Licensing Board, for the

WEDNESDAY, FEBEUARY 23, 1977

1253

term of office beginning November 19, 1976, and ending December 31, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable James E. Kilgore of Fulton County as a member of the Georgia Marriage and Family Counselor Licensing Board, for the term of office beginning November 19, 1976, and ending December 31, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Carrell A. Dammann of DeKalb County as a member of the Georgia Marriage and Family Counselor Licensing Board, for the term of office beginning November 19, 1976, and ending December 31, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Naomi T. Ward of Fulton County as a member of the Georgia Marriage and Family Counselor Licensing Board, for the term of office beginning November 19, 1976, and ending December 31, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Frances S. Nagata of DeKalb County as a member of the Georgia Marriage and Family Counselor Licensing Board, for the term of office beginning November 19, 1976, and ending December 31, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

The following named persons as members of the Council on Maternal and Infant Health for terms beginning September 13, 1976, and ending July 18, 1980: Willie Adams, Jr., M.D., Dougherty County; W. Newton Long, M.D., Fulton County; Micki L. Souma, M.D., Muscogee County; Frank M. Houser, Jr., M.D., Whitfield County; Bobbie A. Riley, Fulton County; Robert L. Zwald, DeKalb County; Ola Mae Ford, Bibb County; Sabrina H. Atkins, Richmond County; Roberta M. Brown, Franklin County; Nance White, DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.

Honorable Joyce F. Dillon of Fulton County as a member of the Council on Maternal and Infant Health for the term of office beginning September 13, 1976, and ending July 1, 1978. The vote on this confirma tion was yeas 49, nays 0, and the nominee was confirmed.

Honorable J. Watts Lispscomb of Clayton County as a member of the Composite State Board of Medical Examiners for the term of office beginning May 19, 1976, and ending September 1, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Albert M. Deal of Bulloch County as a member of the Composite State Board of Medical Examiners for the term of office beginning May 19, 1976, and ending September 1, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

1254

JOURNAL OF THE SENATE,

Honorable Robert E. Thompson of Stephens County as a member of the Composite State Board of Medical Examiners for the term of office beginning May 19, 1976, and ending September 1, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Hassie H. Trimble, Jr. of Colquitt County as a member of the Composite State Board of Medical Examiners for the term of office beginning May 19, 1976, and ending September 10, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Walter W. Eaves of Elbert County as a member of the Board of Natural Resources for the term of office beginning March 25, 1976, and ending January 1, 1983. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable A. Leo Lanman, Jr. of Fulton County as a member of the Board of Natural Resources for the term of office beginning March 25, 1976, and ending March 16, 1983. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Verdelle B. Bellamy of DeKalb County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Rosella Deriso of Sumter County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Sister Mary Antonette Martinko of Clarke County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Loretta Roberts of Gwinnett County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1976. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Dorothy T. White of Richmond County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1976. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Patricia N. Connell of Dade County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and ending September 23, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Charlotte Sachs of Cobb County as a member of the Board of Nursing for the term of office beginning April 6, 1976, and

WEDNESDAY, FEBRUARY 23, 1977

1255

ending September 23, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Norman Cavender of Evans County as a member of the Board of Offender Rehabilitation for the term of office beginning July 1, 1976, and ending April 6, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Jimmy C. Murphy of Emanuel County as a member of the Board of Offender Rehabilitation for the term of office beginning May 4,1976, and ending April 6, 1980. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable A. Burton Lee of Bibb County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending November 27, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Joseph C. Underwood of Montgomery County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending November 27, 1978. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable John Cox of Fulton County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending November 27, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Jack T. Rutledge of Muscogee County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending November 27, 1980. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Selina Burch of Fulton County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending November 27, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Norman Cavender of Evans County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending January 25, 1978. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Charles E. Hill of Union County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending January 25, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Jimmy C. Murphy of Emanuel County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending January 25, 1980. The vote on this con firmation was yeas 4&, nays 0, and the nominee was confirmed.

1256

JOURNAL OF THE SENATE,

Honorable E. C. (Gene) Tillman of Glynn County as a member of the Board of Offender Rehabilitation for the term of office beginning January 25, 1977, and ending January 25, 1981. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Franklin T. Coleman, Jr. of Dougherty County as a mem
ber of the State Board of Dispensing Opticians for the term of office beginning January 26, 1977, and ending March 16, 1980. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable B. E. Popham of Polk County as a member of the Georgia State Board of Examiners in Optometry for the term of office beginning November 24, 1976, and ending September 6, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable William H. Shuman of Clarke County as a member of the Georgia State Board of Examiners in Optometry for the term of office beginning November 24, 1976, and ending September 6, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Charles E. Storm of DeKalb County as State Commission er of Personnel Administration for the term of office beginning January 17, 1977, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Susan A. Cahoon of Fulton County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Frank O. Downing of Chatham County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Isabel Gates Webster of Fulton County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1980. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable 0. L. Kelehear of Whitfield County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Leonard Morris of Tift County as a member of the State Personnel Board for the term of office beginning January 3, 1977, and ending January 3, 1982. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Martin T. Grizzard of Upson County as a member of the State Board of Pharmacy for the term of office beginning February

WEDNESDAY, FEBRUARY 23, 1977

1257

3, 1977, and ending November 1, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Joe H. McDuffie of Fulton County as a member of the Board of Polygraph Examiners for the term of office beginning Septem ber 21, 1976, and ending July 15, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Don Grantham of Richmond County as a member of the Georgia Ports Authority for the term of office beginning July 9, 1976, and ending June 30, 1980. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Jack P. Turner, Jr. of Whitfield County as a member of the Georgia Ports Authority for the term of office beginning November 19, 1976, and ending June 30, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Duane Grice of Richmond County as member of the Georgia Productivity Center for the term of office beginning September 13, 1976, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable LeAnna C. Walton of Dougherty County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Learline Loudermilk of Habersham County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending October 14, 1978. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable David Rodriguez of Muscogee County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Ted W. Key of Clayton County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Mrs. Cary D. Holt of Fulton County as a member of the Professional Standards Commission for the term of office beginning October 14, 1976, and ending June 30, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Betty Houston of Early County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending October 14, 1977. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

1268

JOURNAL OF THE SENATE,

Honorable Gwendolyn Cleghorn of Fulton County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Margaret Thrasher of Spalding County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable James W. McAllister of Troup County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Shelly McGill of Ben Hill County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Marvin Fralish of DeKalb County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Gwendolyn Mundy of Hall County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending October 14, 1977. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Milton S. McDonald of Floyd County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable C. H. Morse of Peach County as a member of the Profes sional Standards Commission for the term of office beginning October 14, 1976, and ending October 14, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable James Donald Hawk of Bulloch County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending October 14, 1977. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Joseph A. Williams of Clarke County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Ann Woodward of Fulton County as a member of the Professional Standards Commission for the term of office begin-

WEDNESDAY, FEBRUARY 23, 1977

1259

ning October 14, 1976, and ending October 14, 1978. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Richard Owens of Irwin County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending June 30, 1979. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Major Childress of Fulton County as a member of the Professional Standards Commission for the term of office begin ning October 14, 1976, and ending October 14, 1978. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Franklin Thornton of Walton County as a member of the Board of Public Safety for the term of office beginning January 11, 1976, and ending January 20, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Raymond A. Miles of Deeatur County as a member of the Georgia Real Estate Commission for the term of office beginning September 8, 1976, and ending January 26, 1981. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable James C. Carthon of Chatham County as a member of the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Joseph R. Hudson of Fulton County as a member of the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Leonard L. Leavell of Muscogee County as a member of th the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was con firmed.
Honorable William R. Parker, Jr. of Glynn County as a member of the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Rhonda Shapiro of Richmond County as a member of the Small and Minority Owned Businesses Study Committee for the term of office beginning October 25, 1976, and ending January 10, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable H. Crawford Hewell of Fayette County as a member of the Soil and Water Conservation Committee for the term of office begin ning May 24, 1976, and ending January 1, 1977. The vote on this con firmation was yeas 49, nays 0, and the nominee was confirmed.

1260

JOURNAL OF THE SENATE,

Honorable T. V. Williams, Jr. of Coffee County as Solicitor, State Court of Coffee County for the term of office beginning April 8, 1976, and ending January 1, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable John Kent Edwards of Lowndes County as Solicitor, State Court of Lowndes County for the term of office beginning May 27, 1976. and ending January 1, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Honorable Jane B. Seaton of Clarke County as a member of the Board of Examiners in Speech Pathology and Audiology for the term of office beginning May 4, 1976, and ending June 24, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
The following named persons as members of the Troubled Children Study Committee for terms beginning August 16, 1976, and ending December 31, 1976; June B. Barnes, Fulton County; Victor A. Gregory, Cobb County; Cheatham E. Hodges, Jr., Richmond County; Josephine F. Wilkes, Glynn County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.
Honorable O. Torbitt Ivey, Jr. of Richmond County as a member of the Board of Regents for the term of office beginning January 6, 1977. and ending January 1, 1984. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Scott Candler, Jr. of DeKalb County as a member of the Board of Regents for the term of office beginning January 6, 1977, and ending January 1, 1984. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable William A. Baxter of Richmond County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning November 19, 1976, and ending January 1, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable William A. Baxter of Richmond County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning January 10, 1977, and ending January 1, 1981. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Hugh H. Howell, Jr. of Fulton County as a member of the State Board of Veterans Service for the term of office beginning September 30, 1976, and ending April 1, 1983. The vote on this confirma tion was yeas 49, nays 0, and the nominee was confirmed.

Honorable James C. Meredith of DeKalb County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

WEDNESDAY, FEBRUARY 23, 1977

1261

Honorable Calvin F. Simmons of Cobb County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable James C. Fincher of Floyd County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1976. The vote on his confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable J. Harry Simmons of Spalding County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable William J. Greene, Jr. of Fulton County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning April 27, 1976, and ending August 17, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

The following named persons as members of the Water Well Standards Advisory Council for terms of office beginning October 29, 1976, and serving as provided by law: Walter McCannon, Oglethorpe County; William Peoples, Sumter County; H. Dale Smith, Bryan County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.

The following named persons as members of the Commission on the Status of Women for terms of office beginning June 18, 1976, and serving at the pleasure of the Governor: Mary Agraz, Cobb County; Barbara Ames, DeKalb County; Barbara Barnett, Forsyth County; Portia Scott Brookins, Fulton County; Susan Bruce, Clarke County; Delores Crockett, Fulton County; Anita L. Davis, Fulton County; Suzanne Donner, DeKalb County; Marianne Dowling, Fulton County; Doris Flythe, Effingham County; Heather Lawson, DeKalb County; Johnnie Moulton, Lanier County; June Sammons, DeKalb County; Jean Thomas, Fulton County; Pat Weerts, DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed.

Honorable Jasper N. Dorsey of Fulton County as a member of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning May 24, 1976, and ending March 16, 1982. The vote on this confirmation was yeas 49, nays 0, annd the nominee was con firmed.

Honorable Gene Dyson of Fulton County as a member of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning May 24, 1976, and ending March 16, 1982. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

1262

JOURNAL OF THE SENATE,

Honorable Herman J. Russell of Fulton County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning August 5, 1976, and ending July 9, 1982. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable William E. Lovett, Jr. of Laurens County as a member of the Economic Development Council of Georgia for the term of office beginning February 14, 1977, and serving at the pleasure of the Gov ernor. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable David D. Clark of DeKalb County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Beverly U. Currie of Fulton County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1978. The vote on this confirmation was yeas 49, yeas 0, and the nominee was confirmed.

Honorable Susan T. March of DeKalb County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1979. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Nancy Moulin of Richmond County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1978. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.

Honorable Betty B. Neves of Richmond County as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning February 1, 1977, and ending December 31, 1977. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed.
Sincerely,
I si Hamilton McWhorter, Jr. Secretary of the Senate

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:

WEDNESDAY, FEBRUARY 23, 1977

1263

HB 179. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and Carlisle of the 71st:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1977, and ending June 30, 1978; to make and provide such ap propriations for the operations of the State Government, its department, 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.

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 487. By Representatives Kemp of the 139th, Davis of the 99th, Greene of the 138th and Walker of the 115th:
A bill to amend Code Section 34-1406 relating to voting by absentee electors, so as to provide for additional requirements for casting absentee ballots.
Senate Sponsor: Senator Kidd of the 25th.

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
Doss Eldridge
English Evans Fincher
Foster

Gillis
Greene Hill
Holloway Howard
Hudgins
Hudson Johnson Kennedy
Kidd Lester
McGill Overby Paulk
Reynolds

Riley
Robinson Russell
Scott Shapard
Stephens
Summers Button Tate
Thompson Traylor
Turner Tysinger Walker
Wessels

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Allgood
Bond Brantley Dean of 6th

Dean of 31st
Duncan Langford

Pearce
Starr Timmons

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 45, nays 1.

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

HB 488. By Representatives Kemp of the 139th, Davis of the 99th, Greene of the 138th and Walker of the 115th:
A bill to amend Code Section 34-1405 relating to the duties of the superintendent and board of registrars in relation to absentee ballots, so as to provide for a minimum time within which absentee ballots shall be prepared for certain elections.
Senate Sponsor: Senator Kidd of the 25th.

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:

Allgood Banks Barnes Bell Bond
Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge English Evans Fincher Foster Gillis

Greene Hill Holloway Howard Hudson
Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley Robinson Russell

Those not voting were Senators:

Ballard Barker Brantley

Dean of 6th Dean of 31st Duncan

Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Hudgins Langford Pearce

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 657. By Representatives Hawkins of the 50th, Marcus of the 26th, Childs of the 51st and others:
A bill to amend Code Section 34A-1012 relating to sample ballots and ballot labels, so as to require the superintendents in certain municipalities

WEDNESDAY, FEBRUARY 23, 1977

1265

to prepare sample or facsimile ballot labels; to provide the procedures connected therewith.
Senate Sponsor: Senator Kidd of the 25th.

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:

Allgood Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans Fincher Foster

Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Ballard Bond Brantley

Dean of 6th Langford

Pearce Wessels

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

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

HB 658. By Representatives Hawkins of the 50th, Marcus of the 26th, Childs of the 51st and others:
A bill to amend Code Section 34-1301, relating to the securing of election supplies, so as to require the superintendents in certain counties to prepare sample or facsimile ballot labels; to provide the procedures connected therewith.
Senate Sponsor: Senator Kidd of the 25th.

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:

Allgood Ballard Banks Barker
Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans
Fincher

Foster Gillis Greene Hill
Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk
Reynolds

Riley Robinson Russell Scott
Shapard Starr Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley

Dean of 6th Pearce

Stephens Wessels

On the passage of the bill, the yeas were 50, nays 0.

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

HR 87. By Representatives Hays of the 1st, Wood of the 9th, Wall of the 61st and others: Senate Sponsor: Senator Hudson of the 35th.
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; 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 Constitution is hereby amended by striking the sixth unnumbered paragraph, which reads as follows:
"Each disabled veteran, as hereinafter defined, who is a citizen

WEDNESDAY, FEBRUARY 23, 1977

1267

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 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 follow ing 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.",

in its entirety and inserting in lieu thereof a new sixth unnumbered 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 service-connected benefits and any veteran 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 follow ing 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 perpheral field has contracted to such an extent that the widest diameter of visual field subtends

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JOURNAL OF THE SENATE,

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 XII, Section I, Para graph I of the Constitution of Georgia of 1976.
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 any disabled veteran who is a citizen and
( ) NO 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?"
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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kenndy Kidd Langford Lester McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Bond Brantley

Dean of 6th Pearce

Wessels

WEDNESDAY, FEBRUARY 23, 1977

1269

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 190. By Representatives Mann of the 13th, Clark of the 13th, Milford of the 13th and others:
A resolution urging the United States Corps of Engineers to build a four-lane bridge connecting Georgia Route 72 and South Carolina Route 72 in the area of the Richard B. Russell Dam and Reservoir project.
Senate Sponsor: Senator Brown of the 47th.

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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Dean of 31st Doss Duncan Eldridge Evans Fincher Foster

Gillis Greene Holloway Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Reynolds Riley

Russell Scott Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Coverdell Howard

Paulk

Shapard

Those not voting were Senators :

Bond Brantley Carter

Dean of 6th English Hill

Pearce ' Robinson Stumbaugh

On the adoption of the resolution, the yeas were 43, nays 4.
The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE,

HR 210. By Representatives Wood of the 9th, Hays of the 1st, Wall of the 61st and others:
A resolution urging the State Personnel Board and the Commissioner of State Personnel Administration to rescind their action relating to veterans preference.
Senate Sponsor: Senator Russell of the 10th.

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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Coverdell Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

Riley Robinson Russell Scott Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Howard

Shapard

Those not voting were Senators:

Bond Brantley

Carter Dean of 6th

Pearce Stumbaugh

On the adoption of the resolution, the yeas were 48, nays 2.

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

The following general bill of the Senate, having been lost on February 22 and reconsidered today, was put upon its passage:

WEDNESDAY, FEBRUARY 23, 1977

1271

SB 194. By Senator Ballard of the 45th:
A bill to provide for the licensing and regulation of persons engaged in the practice of plumbing installation inspections; to provide the procedures connected therewith.

Senator Ballard of the 45th moved to postpone action on SB 194 until Monday, February 28.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 194 was postponed until Monday, February 28.

The following general bill of the Senate, having been lost on February 22 and reconsidered today, was put upon its passage:

SB 284. By Senators Wessels of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the municipal corporations of this State having a population of not less than 1,600 and not more than 2,700, which are located in counties having populations of not less than 170,000 and not more than 190,000 shall be authorized to sell and serve malt beverages, wine and alcoholic beverages on Sunday in such cities under certain conditions.

Senator Wessels of the 2nd moved to commit SB 284 to the Committee on County and Urban Affairs.

On the motion, the yeas were 36, nays 2; the motion prevailed, and SB 284 was committed to the Committee on County and Urban Affairs.

The following general bill of the Senate, having been passed on February 22 and reconsidered today, was put upon its passage:

HB 464. By Representatives Johnson, Benefield, Wood and Lee of the 72nd and Pinkston of the 100th:
A bill to amend an Act providing for a tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967, as amended, so as to exempt from taxes on the transfer of real property deeds issued in lieu of foreclosure and deeds issued by court order.
Senator Banks of the 17th moved to postpone action on HB 464 until Monday, February 28.
On the motion, the yeas were 39, nays 1; the motion prevailed, and HB 464 was postponed until Monday, February 28.

1272

JOURNAL OF THE SENATE,

The following general bill of the House, having been passed on February 22 and reconsidered today, was put upon its passage:

HB 597. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the registration of exempt peace officers; to provide for the continuation of such exemption.
Senator Barnes of the 33rd offered the following amendment:

Amend HB 597 by renumbering Sections 7 through 9 as Sections 8 through 10, respectively, and

by adding a new Section 7 to read as follows:

"Section 7. Said Act is further amended by adding a new sub section (f) at the end of Section 13 to read as follows:

'(f) Any person who was serving as a Sheriff on July 1, 1970, and who subsequently becomes a peace officer shall not be required to comply with the provisions of this Act.' "

On the adoption of the amendment, the yeas were 40, 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:

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

WEDNESDAY, FEBRUARY 23, 1977

1273

Those not voting were Senators:

Brantley

Dean of 6th

On the passage of the bill, the yeas were 54, nays 0.

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

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 598. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to clarify and define the function of the Georgia Peace Officer Standards and Training Council relative to peace officer training.
Senate Sponsor: Senator Overby of the 49th.

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:

Allgood Ballard Banks Barker Barnes . Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English Evans Fincher Foster

Gillis Greene Hill Holloway
Howard Hudgins Hudson Johnson
Kennedy Kidd Lester McGill
Overby Paulk
Pearce Reynolds Riley

Those not voting were Senators:

Bond Brantley

Dean of 6th

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Langford

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 52, nays 0.

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

The following resolution of the Senate was read and adopted:

SR 132. By Senators Gillis of the 20th, Walker of the 19th, Starr of the 44th, and others: A resolution congratulating the Honorable W. F. "Bill" English.
The following bill and resolution of the House were read the first time and referred to committees:
HB 179. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and others: A bill to make and provide appropriations for the fiscal year beginning July 1, 1977, and ending June 30, 1978; to make and provide such ap propriations for the operations of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law.
Referred to Committee on Appropriations.
HR 294. By Representatives Marcus of the 26th, McKinney of the 35th, Hamilton of the 31st and others: A resolution requesting a delay in the demolition of the old Atlanta Public Library building.
Referred to Committee on County and Urban Affairs.
The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 182. By Representatives Johnson and Glanton of the 66th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for a homestead exemption for residents of the City of Bowdon in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Bowdon ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1977

1275

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Bowdon is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not
more than $2,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemption. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein for any year until the governing authority of the city pro vides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.

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 a homestead exemption for residents of the City
( ) NO of Bowdon in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Bowdon ad valorem taxes ? "
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

1276

JOURNAL OP THE SENATE,

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

Allgood Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter
Coverdell
Dean of 31st
Doss
Duncan
Eldridge
English
Evans

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy
Kidd
Lester
McGill
Overby
Paulk
Reynolds
Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate
Thompson
Timmons
Traylor
Turner
Walker
Wessels

Those not voting were Senators:

Brantley Dean of 6th

Fincher Langford

Pearce Tysinger

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 163. By Representatives Housley of the 21st, Wilson of the 19th, Kaley of the 19th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that all residents of the Cobb County School District who are 62 years of age or over shall be granted a homestead exemption for the full value of their homes from all Cobb County School District ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1977

1277

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP 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 not withstanding, each resident of the Cobb County School District who is 62 years of age or over is hereby granted an exemption from all Cobb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence within the Cobb County School District. The homestead exemption provided for herein shall apply to all taxable years beginning after December 31, 1978."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976.

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 all residents of the Cobb County School District
( ) NO who are 62 years of age or over shall be granted a homestead exemption for the full value of their homes from all Cobb School District ad valorem taxes?"

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 Holloway of the 12th moved to commit HR 163 to the Committee on Banking, Finance and Insurance.

On the motion, the yeas were 35, nays 4; the motion prevailed, and HR 163 was committed to the Committee on Banking, Finance and Insurance.

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:

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JOURNAL OF THE SENATE,

HB 812. By Representatives Dover of the llth, Clark, Mann and Milford of the 13th and others:
A bill creating the Georgia State Commission of Indian Affairs; to provide for statement of purposes; to provide for the duties of said com mission; to provide for the use of funds received by said commission; to provide for the membership of said commission.

HB 813. By Representatives Dover of the llth, Clark, Mann and Milford of the 13th and others:
A bill to authorize the creation of Indian Housing Authorities in this State; to provide a short title ("Indian Housing Authorities Law"); to provide for the powers, rights and functions of such Indian Housing Authorities; to provide procedures for the creation and operation of such Indian Housing Authorities.
The following bills of the House were read the first time and referred to committees:

HB 812. By Representatives Dover of the llth, Clark, Mann and Milford of the 13th and others:
A bill creating the Georgia State Commission of Indian Affairs; to provide for statement of purposes; to provide for the duties of said commission; to provide for the use of funds received by said commission; to provide for the membership of said commission.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 813. By Representatives Dover of the llth, Clerk, Mann and Milford of the 13th and others:
A bill to authorize the creation of Indian Housing Authorities in this State; to provide a short title ("Indian Housing Authorities Law"); to provide for the powers, rights and functions of such Indian Housing Au thorities; to provide procedures for the creation and operation of such Indian Housing Authorities. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
The following communication from the Honorable Ben W. Fortson, Jr., Sec retary of State, was received and read by the Secretary:
SECRETARY OF STATE State Capitol Atlanta 30334
February 21, 1977
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334

WEDNESDAY, FEBRUARY 23, 1977

1279

Dear Hamilton:

I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of February 18, 1977, being numbered 429 through 476, in accordance with Act No. 1294 (HB 1210), Georgia Laws, 1970.

With best wishes, I am Sincerely your friend, /s/ Ben W. Fortson, Jr. Secretary of State
Enclosure OFFICE OF SECRETARY OF STATE

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the three pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 429 through 476), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1977 Session of the Georgia General Assembly as of Friday, February 18, 1977, in accordance with Act No. 1294, Georgia Laws, 1970, as the same appears of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 21st day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-seven and of the Independence of the United States of America the Two Hundred and first.
/s/ Ben W. Fortson, Jr. Secretary of State

429. Kenneth A. Gross Common Cause 55 Monet Court, N. W. Cross Creek Parkway Atlanta, Georgia 30327
430. Herbert H. Mabry Georgia State AFL-CIO 501 Pulliam Street, S. W. Atlanta, Georgia 30312
431. John A. Kendrick I AM AW (International Association of Machinists and Aerospace Workers) 2128 Austell Road Marietta, Georgia 30060
432. Clyde Dameron I AM AW (International Association of Machinists and Aerospace Workers) Route One Kennesaw, Georgia 30144

433. Lanier Bannister Forsyth County Democratic Party Post Office Box 867 Gumming, Georgia 30130
434. Peyton I. Lingle Coastal States Life Insurance Company 260 Peachtree Street, N. W. Atlanta, Georgia 30303
435. Sam West Beneficial Finance 506 Oak Lane Maitland, Florida 32751
436. Lorraine Penn Self 2628 Godfrey Drive, N. W. Atlanta, Georgia 30318
437. William E. Headrick Registered Agent

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JOURNAL OF THE SENATE,

Georgia State Council of Machinists
Machinists Local Lodge No. 709 1100 Powell Wright Road Marietta, Georgia 30066 438. M. T. Swinehart Southern Management Group Post Office Box 90685 Atlanta, Georgia 30364 439. C. E. "Ed" Hearn Georgia State Council for
Machinists Post Office Box 7545 Savannah, Georgia 31408 440. Jean Hearn Georgia State Council for
Machinists Post Office Box 7545 Savannah, Georgia 31408 441. W. A. Binns Union Camp Corporation Post Office Box 570 Savannah, Georgia 31402
442. Betty Darden Independent Insurance Agents of Georgia 1851-N Dykes Road Marietta, Georgia 30067
443. John D. Hopkins State Bar of Georgia 2500 Trust Company Tower Atlanta, Georgia 30303
444. Vicky Meadows Georgia Manufactured Housing Association Brown Dowling Ltd. 100 Peachtree Street, N. W. Atlanta, Georgia 30303
445. Kenneth Johnson Self 5126 Hillside Drive Covington, Georgia 30209
446. Mrs. W. E, Godfrey We care 16 Arc Way, N. E. Atlanta, Georgia 30305
447. Mrs. Helen F. Shell We Care 5545 Arundel Drive, N. W. Atlanta, Georgia 30307
448. W. L. Brabham Exxon Company, USA Post Office Box 420 Charlotte, North Carolina 28230

449. John L. Girard Georgia Motor Club--AAA 1100 Spring Street, N. W. Atlanta, Georgia 30309
450. Martha True AFL-CIO--Georgia State 501 Pulliam Street Atlanta, Georgia 30312
451. Betty Godwin AFL-CIO--Georgia State 501 Pulliam Street Atlanta, Georgia 30312
452. William Hollberg Common Cause 744 Elkmont Drive, N. E. Atlanta, Georgia 30306
453. Arthur P. Tranakos Electrolect, Inc. 151 Spring Street, N. W. Atlanta, Georgia 30303
454. Donald Stair Gulf Oil Company 1240 Dunwoody Knoll Dunwoody, Georgia 30338
455. Keith E. Parks Gulf Oil Corporation 1742 Pine Ridge Drive, N. E. Atlanta, Georgia 30324
456. John Gunter Georgia Committee for the Abolition of the Death Penalty Box 252 Social Circle, Georgia 30279
457. Jack Acree Georgia School Boards Association Sheraton Biltmore Hotel Atlanta, Georgia 30383
458. Dick Larson Double D Landscape 1343 LaVista Road, N. E. Atlanta, Georgia 30324
459. Marvin Tye Georgia Wildlife Federation 976 Pine Rock Way Stone Mountain, Georgia 30083
460. Michael Morris Georgia Association for Retarded Citizens 1575 Phoenix Boulevard Atlanta, Georgia 30349

WEDNESDAY, FEBRUARY 23, 1977

1281

461. William T. Bryant Home Builders Association of Metropolitan Atlanta 2015 Montreal Road Tucker, Georgia 30084
462. William R. Black Georgia Association of Petroleum Retailers Post Office Box 639 Decatur, Georgia 30031
463. Charles P. Ector Unified Services 1848 Calvary Drive Gainesville, Georgia 30501
464. Plorice B. Stapleton Fulton County Association of Educators 2205 West Lyle Road College Park, Georgia 30337
465. Linda B. Markwell Fulton County Association of Educators 1323 Surrey Lane Marietta, Georgia 30060
466. Johnny Long United Steelworkers of America 3400 Peachtree Road, N. E. Atlanta, Georgia 30326
467. John W. Watts Sperry and Hutchinson Company Post Office Box 656 Nocross, Georgia 30071
468. Charlotte Gattis Georgia Manufactured Housing Association Suite 112 2810 New Spring Road Atlanta, Georgia 30339

469. Corley H. Nease, O.D. Georgia Optometric Association 7203 Hodgson Memorial Drive Savannah, Georgia 31406
470. Travis B. Stewart Hoffman-LaRoche 1775 K Street Washington, D. C. 20006
471. John Poole International Paper Company Route 2, Box 19 Georgetown, South Carolina 29440
472. C. Lamar Crawley AAA Georgia Motor Club, Inc. 2600 Crabapple Lane Morrow, Georgia 30260
473. Nancee Neel Georgia Association of Nursing Students 515 Clifton Road, N. E. Atlanta, Georgia 30307
474. Lynn Schmidt Georgia Association of Nursing Students 521 Clifton Road, N. E. Atlanta, Georgia 30307
475. Janice M. Arroll Common Cause--Fifth District 87 East Wesley Apartment 3 Atlanta, Georgia 30305
476. Henry R. Bauer International Association of Fire Fighters, Local 134 2216 Peachtree Center Building 230 Peachtree Street, N. W. Atlanta, Georgia 30303

SECRETARY OF STATE State Capitol Atlanta 30334
February 14,1977

Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Please add the following information to your certified list of those

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JOURNAL OF THE SENATE,

persons registered in the Docket of Legislative Appearance:

John P. Tucker, Jr. Registered Agent 172 Also represents Turner Communications Corporation.
Very sincerely yours,

I si Ben W. Fortson, Jr. Secretary of State

SECRETARY OF STATE State Capitol Atlanta 30334
February 17,1977
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Please delete the following information from your certified list of those persons registered in the Docket of Legislative Appearance:
William A. Moore--#88 Representing Georgia Milk Producers, Inc. This is effective as of this date.
Very sincerely yours,
I si Ben W. Fortson, Jr. Secretary of State

SECRETARY OF STATE State Capitol Atlanta 30334
February 18,1977
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Please delete the following information from your certified list of

WEDNESDAY, FEBRUARY 23, 1977

1283

those persons registered in the Docket of Legislative Appearance:

Rudolph Clark-- #89 Representing Georgia Milk Producers, Inc.

This is effective as of February 17, 1977.

Very sincerely yours,

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

SECRETARY OF STATE State Capitol Atlanta 30334
February 23, 1977
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
Please add the following information to your certified list of those persons registered in the Docket of Legislative Appearance:
Ski Bashinski Registered Agent 112 Also representing Boating Institute Association National Association of Engine and Boat Manufacturers, Inc.
Steve Nimmer Registered Agent 98 Also representing Marine Trade Association--(Metropolitan Atlanta)
Very sincerely yours,
/s/ Ben W. Fortson, Jr. Secretary of State
The President announced that the Senate would stand in recess from 3:50 o'clock P.M. until 5:00 o'clock P.M. today, at which time the Senate would stand adjourned, pursuant to the provisions of SR 122, previously adopted, until Mon day, February 28, at 10:00 A.M.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Monday, February 28, 1977

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

Senator Johnson of the 34th reported that the Journal of the proceedings of Wednesday, February 23, 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 943. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County on an annual salary, as amended, so as to change the compensation of the Sheriff; to provide an effective date.

HB 946. By Representative Jessup of the 117th:
A bill to amend an Act fixing the salaries of certain county officers of Bleckley County, as amended, so as to change the provisions relative to the compensation of the Judge of the Probate Court of Bleckley County and the clerk of said officer.
HB 947. By Representative Jessup of the 117th:
A bill to amend an Act placing the Clerk of the Superior Court of - Bleckley County upon an annual salary, as amended, so as to change
the provisions relativfe to the compensation of said officer and his clerical assistant.

HB 948. By Representative Jessup of the 117th:

,

A bill to amend an Act placing the Sheriff of Bleckley County upon

an annual salary, as amended, so as to change the provisions relative

. to the compensation of the Sheriff and his deputies; to provide an

effective date.

HB 949. By Representative Jessup of the 117th: A bill to amend an Act creating the office of Tax Commissioner of

MONDAY, FEBRUARY 28, 1977

1285

Bleckley County, as amended, so as to change the provisions relative to the compensation of the tax commissioner and the employees of said officer; to provide an effective date.

HB 950. By Representative Jessup of the 117th:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the City of Hawkinsville as one of the cities and towns to which the prohibition of said Code Section does not apply; to provide an effective date.

HB 952. By Representative Jessup of the 117th:
A bill to amend an Act creating the Office of Commissioner of Pulaski County, as amended, so as to change the provisions relative to the compensation of said Commissioner; to provide for an expense allowance.

HB 951. By Representative Jessup of the 117th:
A bill to amend an Act creating a new charter for the City of Hawkins ville, as amended, so as to change the provisions relative to taxation by said City; to provide for other matters relative thereto.

HB 953. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of Tax Commissioner of Pulaski County, as amended, so as to change the provisions relating to the compensation of said officer and his deputy; to provide an effective date.

HB 954. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary, as amended, so as to change the compensation of the Sheriff and the provisions relative to deputies; to provide an effective date.

HB 955. By Representative Jessup of the 117th:
A bill to amend an Act placing the Clerk of the Superior Court of Pulaski County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said officer and his assistant.

HB 956. By Representative Jessup of the 117th:
A bill to amend an Act placing the Judge of the Probate Court of Pulaski County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said officer and his assistants; to provide an effective date.

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JOURNAL OF THE SENATE,

HB 957. By Representatives Dover of the llth, and Twiggs and Colwell of the 4th:
A bill to amend an Act abolishing the offices of tax collector and tax receiver of White County and creating the office of tax commissioner of said county, as amended, so as to set the compensation paid to the tax commissioner.

HB 958. By Representatives Dover of the llth, and Twiggs and Colwell of the 4th: A bill to repeal an Act entitled "An Act to provide for the compensation of the tax commissioner in certain counties; to repeal conflicting laws; and for other purposes.", as amended.
HB 961. By Representatives Cooper and Wilson of the 19th, Housely and Burruss of the 21st, and Harrison, Nix and Isakson of the 20th: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of said court.
HB 965. By Representatives Johnson, Lee, Benefield and Wood of the 72nd: A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the solicitor of said court.
HB 967. By Representatives Wilson of the 19th, Burruss and Housley of the 21st and others: A bill to amend an Act creating a Board of Commissioners for Cobb County, Georgia, so as to change the compensation of the members of the board of commissioners.
HB 968. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend an Act to provide a new charter for the City of Valdosta so as to change the corporate limits of the city.
HB 974. By Representatives Cooper and Wilson of the 19th, Housley and Burruss of the 21st, and Harrison, Isakson and Nix of the 20th: A bill to amend an Act creating a system of public schools for the City of Marietta, in the County of Cobb, as amended, so as to provide for the compensation of the members of the Board of Education of the City of Marietta.

HB 977. By Representatives Poster and Wheeler of the 152nd and Hudson of the 137th:
A bill to amend an Act placing certain county officers of Coffee County upon an annual salary, as amended, so as to provide that the officers

MONDAY, FEBRUARY 28, 1977

1287

and personnel covered by said Act shall continue to receive the com pensation they were receiving on Jan. 1, 1977 until such time as said compensation shall be changed by the Board of Commissioners of Coffee County.

HB 1016. By Representatives Kemp of the 139th and Rush of the 121st:
A bill to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to automobile expenses.

HB 1017. By Representative Kemp of the 139th:
A bill to amend an Act abolishing the fee system of compensating the Judge of the Probate Court of Mclntosh County and providing in lieu thereof an annual salary, as amended, so as to change the compensa tion of the judge of the probate court.

HB 1018. By Representative Kemp of the 139th:
A bill to amend an Act abolishing the fee system method of compensating the clerk of the superior court, the sheriff, and the tax commissioner of Mclntosh County, and to provide in lieu thereof annual salaries for such officers, so as to change the allowances of the tax commissioner of Mclntosh County for additional clerical help.

HB 1019. By Representative Kemp of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County upon an annual salary, as amended, so as to change the provisions relating to the compensation of certain deputy sheriffs; to provide for additional deputy sheriffs.

SB 179. By Senator Doss of the 52nd: A bill to increase the fees of coroners for services in connection with the holding of inquests in certain counties.
HB 282. By Representative McKinney of the 35th: A bill to amend Code Section 58-207, relating to the seizure and condemnation of vehicles and conveyances and boats and vessels in use in this State in violation of the liquor laws of the State, as amended.

HB 233. By Representative Adams of the 36th:
A bill to create the Georgia Board of Athletic Trainers and provide for the regulation and licensing of athletic trainers; to provide for definitions; to provide for members, officers, qualifications, duties, powers, authority appointments, terms of office, oaths and vacancies.

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JOURNAL OF THE SENATE,

HB 238. By Representatives Glover of the 32nd, Marcus of the 26th, Nichols of the 27th and others:
A bill to provide that the governing authorities of all municipalities, whose laws or ordinances provide for the issuance of building permits, which are wholly or partially located in counties having a population of 600,000 or more, shall send copies of building permits issued within their respective municipalities to the board of tax assessors of such counties.

HB 315. 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 provide for increased benefits for service by a member after becoming eligible for retirement.

HB 427. By Representative McKinney of the 35th:
A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pension to county employees, as amended, so as to authorize the retire ment without penalty of individuals who shall be fifty-five (55) years of age and have served thirty (30) years.

HB 693. By Representative Felton of the 22nd:
A bill to amend Code Section 34-703 relating to petitions for new election districts, so as to provide for notices of changes in election districts within counties of this State having a population of 500,000 or more according to the U.S. Decennial Census of 1970 or any future such census.

HB 726. By Representative Greer of the 43rd:
A bill to amend an Act approved Mar. 15, 1943, creating a Civil Service Board in Fulton County, as amended, so as to provide for the filling of vacancies as crime investigators and members of the intelligence squad of the district attorney's office.

HB 820. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend Code Section 92-4101 relating to limits on municipal taxes as enacted by an Act limiting and regulating the assessment and collection of taxes by municipal authorities in this State, as amended.

HB 878. By Representative Connell of the 87th: A bill to amend an Act providing for a third Judge for the Augusta Judicial Circuit of Georgia so as to provide for a court reporter; to provide an effective date.
HB 879. By Representative Connell of the 87th: A bill to amend an Act relating to the appointment of certain assistant

MONDAY, FEBRUARY 28, 1977

1289

solicitors-general (now district attorneys), investigators and stenog rapher-clerks in all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the U.S. Census of 1960 or any future such census, as amended, so as to change the number of assistant district attorneys, investigators and stenographer-clerks authorized in such counties.

HB 507. By Representative Taggart of the 125th:
A bill to amend an Act relating to cigar and cigarette taxes, approved Feb. 28, 1955, as amended, so as to provide for refunds or credits for cigar and cigarette taxes under certain conditions.

HB 747. By Representatives Murphy of the 18th, Johnson and Glanton of the 66th and Thompson of the 93rd:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to prohibit fraudulent obtaining or attempting to obtain public housing, reduction in rent or subsidies; to prohibit certain false statements, failure to disclose certain information, impersonation and other fraudulent schemes or devices.

HB 790. By Representatives Lambert of the 112th, Carlisle of the 71st, Battle of the 124th and others:
A bill to amend Code Section 91-110a relating to the authority of the State Properties Commission to execute written contracts permitting the exploration of State-owned lands for indications of mineral resources, so as to provide that oil and gas leases shall provide for a primary term of not more than ten years.

HB 786. By Representative Jones of the 126th:
A bill to amend an Act to provide minimum standards for certain detention facilities within this State so as to change certain provisions relating to how often such facilities must be inspected.

HB 692. By Representatives Williamson of the 45th, Marcus of the 26th, Linder of the 44th and Tolbert of the 56th:
A bill to amend an Act providing for premarital examinations for syphilis and requiring each applicant for a marriage license to provide a certificate from a licensed physician stating that the applicant was given a physical examination including a standard serologic test for syphilis, as amended, so as to dispense with requirements for physical examinations while retaining the requirements for standard serologic tests for syphilis.

HB 665. By Representatives Culpepper of the 98th, Evans of the 84th, Tuten of the 153rd and others:
A bill to amend an Act known as the "Child Support Recovery Act", as

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JOURNAL OF THE SENATE,

amended, so as to provide that parents may make wage assignments to the Dept. of Human Resources to fulfill their obligations under this Act; to provide that employers are required to comply with said assignments.

HB 740. By Representative Battle of the 124th:
A bill to amend Code Chapter 84-21A, known as the "Registration of Geologists Act of 1975" as amended by an Act approved Mar. 24, 1976, so as to provide for the return of certain materials to applicants.

HB 656. By Representative Childs of the 51st:
A bill to prohibit courts with commitment jurisdiction in counties of this State in which is located all or a portion of a municipality having a population of more than 400,000 according to the U.S. Decennial Census of 1970, from accepting bail when certain sureties on the bond are not approved by the sheriff.
HB 704. By Representative Clark of the 55th:
A bill to amend Code Section 27-418 relating to commitment and bail so as to provide that no person shall be imprisoned under a felony commitment when bail has been fixed if such person tenders and offers to give bond in the amount of the bail fixed with sureties acceptable to the sheriff of the county in which the alleged offense occurred.
HB 760. By Representative Gignilliat of the 122nd:
A bill to amend an Act creating the Georgia Higher Education As sistance Authority, as amended, so as to authorize extension of the State student incentive grant or scholarship program to eligible students attending approved nonprofit institutions of higher education.
HB 724. By Representatives Elliott of the 49th, Whitmire of the 9th and Childs of the 51st:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that drivers of motor vehicles involved in traffic accidents on the public roads and highways of the State shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions.
HB 604. By Representatives Patten of the 146th, Bargeron of the 83rd, Irvin of the 23rd and others:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to provide for certain taxes upon real estate brokers.
HB 744. By Representatives Lucas of the 102nd, Milford, Clark and Mann of the 13th and others:
A bill to amend Code Chapter 84-16, relating to billiard rooms, as

MONDAY, FEBRUARY 28, 1977

1291

amended, so as to change the provisions relating to qualification of licensees; to change the provisions relating to hours of operation; to change the provisions relating to the age of certain persons admitted to billiard rooms.

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

HR 258. By Representatives Childs of the 51st, Butler, Johnston, and Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide that effective with tax years beginning after Dec. 31, 1978 the county authorities of DeKalb County shall not levy the one mill tax for educational purposes which was authorized by an amendment to the Constitution of 1877 within the territory embraced in independent school systems.

HR 217. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A resolution creating the Code Revision Commission.

HR 194. By Representatives Auten of the 154th and Tuten of the 153rd:
A resolution authorizing the conveyance of certain State-owned real property known as Blythe Island consisting of 976 acres, more or less, and located in Glynn County, Georgia to the County of Glynn, Georgia for recreation and related purposes.

The House has agreed to the Senate substitute to the following bill of the House:

HB 553. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act abolishing the fee system as the mode of com pensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960, as amended.

The House has agreed to the Senate amendment to the following bill of the House:

HB 359. By Representatives Pilewicz of the 41st, Carnes of the 43rd, Irvin of the 23rd and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" approved January 11, 1954, as amended, so as to change the provisions relative to when lighted lamps are required.

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JOURNAL OF THE SENATE,

The House has adopted the following resolutions of the House:

HR 303. By Representative Housley of the 21st: A resolution commending Mr. Walter Purdy Stymus.

HR 310. By Representatives Milford and Clark of the 13th:
A resolution supporting and endorsing the construction of the Richard B. Russell Dam and Reservoir.

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

SB 351. By Senators Sutton of the 9th and Banks of the 17th:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to change the designation of "practical nurse" to "licensed practical nurse"; to change the qualifications for licensure and examination as a licensed practical nurse. Referred to Committee on Human Resources.

SB 352. By Senator Brantley of the 56th:
A bill to amend Code Section 88-1911, relating to the refusal or revoca tion of staff privileges in public hospitals, so as to change the time limitations within which applications for permission to treat patients in such hospitals shall be acted upon. Referred to Committee on Human Resources.

SB 353. By Senators Gillis of the 20th and Walker of the 19th:
A bill to amend Code Chapter 57-1, relating to interest and usury, so as to provide for interest on certain loans which are repayable in weekly installments. Referred to Committee on Banking, Finance and Insurance.

SB 354. By Senators Kidd of the 25th and Pearce of the 16th:
A bill to provide and fix minimum salaries for judges of the probate courts of the various counties within the State of Georgia, to be paid from county funds; to provide for increases; to provide that the pro visions of this Act shall not be construed to place any judge on the probate court on an annual salary in lieu of the fee system of compensa tion.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

MONDAY, FEBRUARY 28, 1977

1293

SB 355. By Senators Howard of the 42nd, Riley of the 1st, Coverdell of the 40th and others:
A bill to enact the Georgia Foreign Discriminatory Boycotts Act; to provide for a title; to provide for a declaration of policy; to provide for definitions; to provide for and prohibit unlawful discriminatory boy cotts.
Referred to Committee on Industry, Labor and Tourism.

SB 356. By Senators Scott of the 43rd and Wessels of the 2nd:
A bill to amend Code Title 113, relating to wills, descent and administra tion of estates, as amended, so as to authorize a female testator to bequeath her entire estate to strangers; to limit charitable devises by persons leaving a husband. Referred to Committee on Judiciary.

SB 357. By Senators Scott of the 43rd, Wessels of the 2nd and Lester of the 23rd:
A bill to amend an Act to provide that the right of a widow or minor child to a year's support from the estate of a decedent shall be barred by a sale by an administrator or executor of such estate prior to the setting apart of such year's support, so as to provide for applicability with respect to the right of a widower to a year's support. Referred to Committee on Judiciary.

SB 358. By Senators Scott of the 43rd, Wessels of the 2nd and Lester of the 23rd: A bill to amend an Act to regulate and provide for the effect of conveyances and encumbrances of property of a deceased person before and after a year's support is set apart, as amended, so as to provide for application of the provisions of the Act to a widower.
Referred to Committee on Judiciary.
SB 359. By Senators Foster of the 50th, Reynolds of the 48th and Overby of the 49th: A bill to amend Code Section 95A-955, relating to securing loads on vehicles, so as to require the Department of Transportation to adopt and promulgate certain rules and regulations.
Referred to Committee on Transportation.
Senator Reynolds of the 48th made the following motion:
Mr. President:
I move that the Senate grant me permission to introduce the following bill:
SB 360. By Senators Reynolds of the 48th, Banks of the 17th, Overby of the 49th and others: A bill to amend Code Section 95A-957, relating to the maximum

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JOURNAL OF THE SENATE,

width of vehicles permitted upon the public road, so as to provide certain exceptions for buses.

I ask permission of the Senate because HB 345, involving the same subject matter, was previously rejected by the Senate.
On the motion, the yeas were 34, nays 0; the motion, having received the requisite two-thirds majority, prevailed, and permission was granted.

Senator Reynolds of the 48th moved that SB 360 be engrossed.

On the motion, the yeas were 38, nays 0; the motion, having received the requisite two-thirds majority, prevailed, and SB 360 was engrossed.

SB 360 was referred to the Committee on Transportation.

SR 129. By Senator Starr of the 44th:
A resolution continuing the Curriculum Study Committee for the public schools of Georgia. Referred to Committee on Education.

SR 130. By Senators Evans of the 37th, Coverdell of the 40th, Howard of the 42nd and others:
A resolution proposing an amendment to the Constitution, so as to authorize cities to provide for temporary total or partial exemptions from taxation of improvements on land within a designated housing im provement district; to provide for the submission of this amendment for ratification or rejection.
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 238. By Representatives Glover of the 32nd, Marcus of the 26th, Nichols of the 27th and others:
A bill to provide that the governing authorities of all municipalities, whose laws or ordinances provide for the issuance of building permits, which are wholly or partially located in counties having a population of 600,000 or more, shall send copies of building permits issued within their respective municipalities to the board of tax assessors of such counties.
Referred to Committee on County and Urban Affairs.

HB 315. By Representative Greer of the 43rd: A bill to amend an Act creating the Judges' and Solicitor Generals'

MONDAY, FEBRUARY 28, 1977

1295

Retirement Fund of Fulton County so as to provide for increased benefits for service by a member after becoming eligible for retirement.
Referred to Committee on County and Urban Affairs.

HB 427. By Representative McKinney of the 35th:
A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pension to county employees, as amended, so as to authorize the retirement without penalty of individuals who shall be fifty-five (55) years of age and have served thirty (30) years. Referred to Committee on County and Urban Affairs.

HB 693. By Representative Felton of the 22nd:
A bill to amend Code Section 34-703 relating to petitions for new election districts, so as to provide for notices of changes in election districts within counties of this State having a population of 500,000 or more according to the U.S. Decennial Census of 1970 or any future such census.
Referred to Committee on County and Urban Affairs.

HB 726. By Representative Greer of the 43rd:
A bill to amend an Act approved Mar. 15, 1943, creating a Civil Service Board in Fulton County, as amended, so as to provide for the filling of vacancies as crime investigators and members of the intelligence squad of the district attorney's office. Referred to Committee on County and Urban Affairs.

HB 820. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend Code Section 92-4101 relating to limits on municipal taxes as enacted by an Act limiting and regulating the assessment and collection of taxes by municipal authorities in this State, as amended. Referred to Committee on Banking, Finance and Insurance.

HB 878. By Representative Connell of the 87th:
A bill to amend an Act providing for a third Judge for the Augusta Judicial Circuit of Georgia so as to provide for a court reporter; to provide an effective date. Referred to Committee on Judiciary.

HB 879. By Representative Connell of the 87th:
A bill to amend an Act relating to the appointment of certain assistant solicitors-general (now district attorneys), investigators and stenog rapher-clerks in all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the U.S. Census

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of 1960 or any future such census, as amended, so as to change the number of assistant district attorneys, investigators and stenographerclerks authorized in such counties.
Referred to Committee on Judiciary.

HB 943. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County on an annual salary, as amended, so as to change the compensation of the Sheriff; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 946. By Representative Jessup of the 117th:
A bill to amend an Act fixing the salaries of certain county officers of Bleckley County, as amended, so as to change the provisions relative to the compensation of the Judge of the Probate Court of Bleckley County and the clerk of said officer. Referred to Committee on County and Urban Affairs.

HB 947. By Representative Jessup of the 117th:
A bill to amend an Act placing the Clerk of the Superior Court of Bleckley County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said officer and his clerical assistant. Referred to Committee on County and Urban Affairs.

HB 948. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Bleckley County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the Sheriff and his deputies; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 949. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of Tax Commissioner of Bleckley County, as amended, so as to change the provisions relative to the compensation of the tax commissioner and the employees of said officer; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 950. By Representative Jessup of the 117th:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, as amended, so as to include the City of Hawkinsville as 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.

MONDAY, FEBRUARY 28, 1977

1297

HB 951. By Representative Jessup of the 117th:
A bill to amend an Act creating a new charter for the City of Hawkinsville, as amended, so as to change the provisions relative to taxation by said City; to provide for other matters relative thereto. Referred to Committee on County and Urban Affairs.

HB 952. By Representative Jessup of the 117th:
A bill to amend an Act creating the Office of Commissioner of Pulaski County, as amended, so as to change the provisions relative to the compensation of said Commissioner; to provide for an expense allowance. Referred to Committee on County and Urban Affairs.

HB 953. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of Tax Commissioner of Pulaski County, as amended, so as to change the provisions relating to the compensation of said officer and his deputy; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 954. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary, as amended, so as to change the compensation of the Sheriff and the provisions relative to deputies; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 955. By Representative Jessup of the 117th:
A bill to amend an Act placing the Clerk of the Superior Court of Pulaski County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said officer and his assistant. Referred to Committee on County and Urban Affairs.

HB 956. By Representative Jessup of the 117th:
A bill to amend an Act placing the Judge of the Probate Court of Pulaski County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said officer and his assistants; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 957. By Representatives Dover of the llth, and Twiggs and Colwell of the 4th:
A bill to amend an Act abolishing the offices of tax collector and _ tax receiver of White County and creating the office of tax commissioner of

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said county, as amended, so as to set the compensation paid to the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 958. By Representatives Dover of the llth, and Twiggs and Colwell of the 4th:
A bill to repeal an Act entitled "An Act to provide for the compensation of the tax commissioner in certain counties, to repeal conflicting laws; and for other purposes.", as amended. Referred to Committee on County and Urban Affairs.

HB 961. By Representatives Cooper, and Wilson of the 19th, Housley and Burruss of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of said court. Referred to Committee on County and Urban Affairs.

HB 965. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 967. By Representatives Wilson of the 19th, Burruss and Housley of the 21st and others:
A bill to amend an Act creating a Board of Commissioners for Cobb County, Ga., so as to change the compensation of the members of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 968. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act to provide a new charter for the City of Valdosta so as to change the corporate limits of the city. Referred to Committee on County and Urban Affairs.

HB 974. By Representatives Cooper and Wilson of the 19th, Housley and Burruss of the 21st and others:
A bill to amend an Act creating a system of public schools for the City of Marietta, in the County of Cobb, as amended, so as to provide for the compensation of the members of the Board of Education of the City of Marietta. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 28, 1977

1299

HB 977. By Representatives Foster and Wheeler of the 152nd and Hudson of the 137th:
A bill to amend an Act placing certain county officers of Coffee County upon an annual salary, as amended, so as to provide that the officers and personnel covered by said Act shall continue to receive the compensa tion they were receiving on Jan. 1,1977 until such time as said compensa tion shall be changed by the Board of Commissioners of Coffee County.
Referred to Committee on County and Urban Affairs.

HB 1016. By Representatives Kemp of the 139th and Rush of the 121st:
A bill to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to automobile expenses. Referred to Committee on County and Urban Affairs.

HB 1017. By Representative Kemp of the 139th:
A bill to amend an Act abolishing the fee system of compensating the Judge of the Probate Court of Mclntosh County and providing in lieu thereof an annual salary, as amended, so as to change the compensation of the judge of the probate court. Referred to Committee on County and Urban Affairs.

HB 1018. By Representative Kemp of the 139th:
A bill to amend an Act abolishing the fee system method of compensat ing the clerk of the superior court, the sheriff, and the tax commissioner of Mclntosh County, and to provide in lieu thereof annual salaries for such officers, so as to change the allowances of the tax commissioner of Mclntosh County for additional clerical help.
Referred to Committee on County and Urban Affairs.

HB 1019. By Representative Kemp of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County upon an annual salary, as amended, so as to change the provisions relating to the compensation of certain deputy sheriffs; to provide for additional deputy sheriffs. Referred to Committee on County and Urban Affairs.

HB 233. By Representative Adams of the 36th:
A bill to create the Georgia Board of Athletic Trainers and provide for the regulation and licensing of athletic trainers; to provide for def initions; to provide for members, officers, qualifications, duties, powers, authority, appointments, terms of office, oaths and vacancies.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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HB 282. By Representative McKinney of the 35th:
A bill to amend Code Section 58-207, relating to the seizure and con demnation of vehicles and conveyances and boats and vessels in use in this State in violation of the liquor laws of the State, as amended. Referred to Committee on Judiciary.

HB 507. By Representative Taggart of the 125th:
A bill to amend an Act relating to cigar and cigarette taxes, approved Feb. 28, 1955, as amended, so as to provide for refunds or credits for cigar and cigarette taxes under certain conditions. Referred to Committee on Banking, Finance and Insurance.

HB 604. By Representatives Patten of the 146th, Bargeron of the 83rd, Irvin of the 23rd and others:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to provide for certain taxes upon real estate brokers. Referred to Committee on Banking, Finance and Insurance.

HB 656. By Representative Childs of the 51st:
A bill to prohibit courts with commitment jurisdiction in counties of this State in which is located all or a portion of a municipality having a population of more than 400,000 according to the U.S. Decennial Census of 1970, from accepting bail when certain sureties on the bond are not approved by the sheriff.
Referred to Committee on County and Urban Affairs.

HB 665. By Representatives Culpepper of the 98th, Evans of the 84th, Tuten of the 153rd and others:
A bill to amend an Act known as the "Child Support Recovery Act", as amended, so as to provide that parents may make wage assignments to the Dept. of Human Resources to fulfill their obligations under this Act; to provide that employers are required to comply with said as signments.
Referred to Committee on Human Resources.

HB 692. By Representatives Williamson of the 45th, Marcus of the 26th, Linder of the 44th and others:
A bill to amend an Act providing for premarital examinations for syphilis and requiring each applicant for a marriage license to provide a certificate from a licensed physician stating that the applicant was given a physical examination including a standard serologic test for syphilis, as amended, so as to dispense with requirements for physical examinations while retaining the requirements for standard serologic tests for syphilis.
Referred to Committee on Human Resources.

MONDAY, FEBRUARY 28, 1977

1301

HB 704. By Representative Clark of the 55th:
A bill to amend Code Section 27-418 relating to commitment and bail so as to provide that no person shall be imprisoned under a felony commitment when bail has been fixed if such person tenders and offers to give bond in the amount of the bail fixed with sureties acceptable to the sheriff of the county in which the alleged offense occurred.
Referred to Committee on Judiciary.

HB 724. By Representatives Elliott of the 49th, Whitmire of the 9th and Childs of the 51st:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that drivers of motor vehicles involved in traffic accidents on the public roads and highways of this State shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions. Referred to Committee on Transportation.
HB 740. By Representative Battle of the 124th:
A bill to amend Code Chapter 84-21A, known as the "Registration of Geologists Act of 1975" as amended by an Act approved Mar. 24, 1976, so as to provide for the return of certain materials to applicants. Referred to Committee on Natural Resources and Environmental Quality.
HB 744. By Representatives Lucas of the 102nd, Milford, Clark and Mann of the 13th and others:
A bill to amend Code Chapter 84-16, relating to billiard rooms, as amended, so as to change the provisions relating to qualification of licensees; to change the provisions relating to hours of operation; to change the provisions relating to the age of certain persons admitted to billiard rooms. Referred to Committee on Judiciary.
HB 747. By Representatives Murphy of the 18th, Johnson and Glanton of the 66th and others:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to prohibit fraudulent obtaining or attempting to obtain public housing, reduction in rent or subsidies; to prohibit certain false statements, failure to disclose certain information, impersonation and other fraudulent schemes or devices. Referred to Committee on Judiciary.
HB 760. By Representative Gignilliat of the 122nd:
A bill to amend an Act creating the Georgia Higher Education Assistance Authority, as amended, so as to authorize extension of the State student

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incentive grant or scholarship program to eligible students attending approved nonprofit institutions of higher education.
Referred to Committee on Higher Education.

HB 786. By Representative Jones of the 126th:
A bill to amend an Act to provide minimum standards for certain detention facilities within this State so as to change certain provisions relating to how often such facilities must be inspected. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 790. By Representatives Lambert of the 112th, Carlisle of the 71st, Battle of the 124th and others:
A bill to amend Code Section 91-110a relating to the authority of the State Properties Commission to execute written contracts permitting the exploration of State-owned lands for indications of mineral resources, so as to provide that oil and gas leases shall provide for a primary term of not more than ten years.
Referred to Committee on Public Utilities.

HR 194. By Representatives Auten of the 154th and Tuten of the 153rd:
A resolution authorizing the conveyance of certain State-owned real property known as Blythe Island consisting of 976 acres, more or less, and located in Glynn County, Georgia, to the County of Glynn, Ga. for recreation and related purposes. Referred to Committee on Public Utilities.

HR 217. By Representatives Snow of the 1st, Murphy of the 18th, Walker of the 115th and others:
A resolution creating the Code Revision Commission. Referred to Committee on Judiciary.
HR 258. By Representatives Childs of the 51st, Butler, Johnston, and Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide that effective with tax years beginning after Dec. 31, 1978 the county authorities of DeKalb County shall not levy the one mill tax for educational purposes which was authorized by an amendment to the Constitution of 1877 within the territory embraced in independent school systems. Referred to Committee on County and Urban Affairs.
HR 310. By Representatives Milford and Clark of the 13th:
A resolution supporting and endorsing the construction of the Richard B. Russell Dam and Reservoir. Referred to Committee on Natural Resources and Environmental Quality.

MONDAY, FEBRUARY 28, 1977

1303

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

Senator Barker of the 18th District, Chairman of the Committee on Consumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs 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 320. Do pass.
Respectfully submitted, Senator Barker of 18th District, Chairman

Senator Barker of the 18th District, Chairman of the Committee on Consumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs 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 16. Do pass by substitute.
Respectfully submitted, Senator Barker of 18th District, Chairman
Senator Button of the 9th 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 118. Do pass. SB 120. Do pass. SB 127. Do pass. SB 284. Do pass. SB 336. Do pass. SB 341. Do pass. SB 343. Do pass. HB 674. Do pass.

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HB 687. Do pass.

HB 688. Do pass.

HB 689. Do pass.

HB 699. Do pass as amended.

HB 753. Do pass.

HB 777. Do pass.

HB 778. Do pass.

HB 780. Do pass.

HB 781. Do pass.

HB 816. Do pass.

HB 868. Do pass.

HB 870. Do pass.

HB 888. Do pass.

HB 885. Do pass.

HB 889. Do pass by substitute.

HB 890. Do pass.

HB 895. Do pass.

HB 896. Do pass.

HB 900. Do pass.

HB 916. Do pass.

HB 918. Do pass.

HB 919. HB 922. HB 923. HB 933. HB 934. HB 935. HB 939.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Sutton of 9th District, Chairman

Senator Langford of the 51st 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

MONDAY, FEBRUARY 28, 1977

1305

House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 301. Do pass as amended. SB 339. Do pass. HB 91. Do pass. HB 631. Do pass. HR 213. Do pass.

Respectfully submitted, Senator Langford of 51st 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 99. Do pass.
Respectfully submitted, Senator Doss of 52nd District, Chairman

Senator Howard of the 42nd 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 57. Do pass by substitute.
Respectfully submitted, Senator Howard of 42nd District, Chairman

Senator Howard of the 42nd 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 OP THE SENATE,

ing bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 451. Do pass.
HB 663. Do pass.
HB 769. Do pass.

Respectfully submitted, Senator Howard of 42nd 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 221. Do pass.
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 95. Do pass. SB 340. Do pass. HB 152. Do pass as amended. HB 201. Do pass. HB 250. Do pass. HB 320. Do pass. HB 321. Do pass. HB 366. Do pass by substitute.
Respectfully submitted, Senator Overby of 49th District, Chairman
Senator Gillis of the 20th District, Chairman of the Committee on Natural

MONDAY, FEBRUARY 28, 1977

1307

Resources and Environmental Quality, submitted the following report:

Mr. President:

Your Committee on Natural Resources and Environmental Quality has had under consideration the following resolutions and bill of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 115. Do Pass.
SR 116. Do pass.
HB 792. Do pass as amended.

Respectfully submitted, Senator Gillis of 20th District, Chairman

Senator Summers of the 53rd 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 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 230. Do pass. SR 45. Do not pass. HB 209. Do pass as amended. HB 243. Do pass. HB 260. Do pass.
Respectfully submitted, Senator Summers of 53rd 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 resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 107. Do pass. SR 127. Do pass.
Respectfully submitted, Senator Eldridge of the 7th District, Chairman

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The following bills and resolutions of the Senate and House were read the second time:

SB 122. By Senator Stephens of the 36th:
A bill to amend Code Chapter 24-27, pertaining to the Clerks of Superior Court.

SB 189. By Senators Banks of the 17th, Pearce of the 16th, Wessels of the 2nd and others:
A bill to amend an Act known as the "Georgia Civil Practice Act", as amended, so as to change the provisions relating to the dismissal of actions for want of prosecution.

SB 212. By Senators McGill of the 24th, English of the 21st, Timmons of the llth and others:
A bill to amend Code Section 68-502, relating to the definition of certain terms used in Code Chapter 68-5, known as the "Motor Carrier Act of 1931", as amended, so as to change the definition of the term "motor carrier".

SB 219. By Senators Foster of the 50th, Barnes of the 33rd and Overby of the 49th:
A bill to amend Code Chapter 29-4, relating to the recording of deeds, as amended, so as to provide certain requirements for recording.

SB 253. By Senators Fincher of the 54th, Kennedy of the 4th and Broun of the 46th:
A bill to amend Code Title 56, relating to insurance, as amended, so as to add in Code Chapter 56-24, relating to insurance contracts in general, a new Code Section requiring certain accident and sickness insurance policies, contracts and certificates to provide reimbursement for certain services performed by licensed applied psychologists.

SB 256, By Senator Barker of the 18th:
A bill to amend Code Section 32-910, relating to the powers of local boards of education as a tribunal for hearing and determining local controversies in reference to the construction and administration of the school law, and to appeals to the State Board of Education, as amended, so as to redefine the procedure for appeals to the State Board of Education and Superior Court; to define scope of review.

SB 309. By Senators Shapard of the 28th and Evans of the 37th:
A bill to amend an Act known as the "Marriage and Family Counselor Licensing Act", so as to change certain definitions; to change the pro-

MONDAY, FEBRUARY 28, 1977

1309

vision relative to qualifications for licensure as a practicing marriage and family counselor.

SB 315. By Senators Greene of the 26th, Overby of the 49th and Walker of the 19th:
A bill to amend an Act known as the "Child Support Recovery Act", as amended, so as to provide that parents may make wage assignments to the Department of Human Resources to fulfill their obligations under this Act; to provide that employers may comply with said assignments.

SB 325. By Senators Broun of the 46th and Banks of the 17th:
A bill to amend Chapter 27-2 of the Code of Georgia, as amended, relating to arrests, so as to provide for procedures subsequent to an arrest by a private person; to provide for other matters relative to the foregoing.

SB 326. By Senator Barnes of the 33rd:
A bill to amend Section 9-401.2 of the Code of Georgia, as amended, known as the Law School Public Prosecutor Act of 1970, so as to provide that the term "district attorney" shall also mean a Solicitor or an Assistant Solicitor of a State Court.

SB 330. By Senator Howard of the 42nd:
A bill to amend Code Section 26-9910, relating to the prohibition against smoking in public places, so as to prohibit smoking in certain places in hospitals and health care facilities.

SR 42. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the increase in retirement or pension benefits of individuals who retired pursuant to an Act providing a system of pension and retirement pay for teachers and employees of the Board of Education of Fulton County, as amended.

SR 110. By Senators Duncan of the 30th, Lester of the 23rd, Brown of the 47th and others:
A resolution creating the Mental Health and Mental Retardation Services Study Committee.

SR 111. By Senators Riley of the 1st, Wessels of the 2nd and Traylor of the 3rd:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Savannah Electric and Power Company, a Georgia public service corporation, an easement for the construction, operation and maintenance of a barge unloading facility, an intake structure and a discharge structure.

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SR 113. By Senators Doss of the 62nd, Carter of the 14th and Broun of the 46th:
A resolution creating the Senate Vocational-Technical Education Study Committee.

SR 117. By Senator Ballard of the 45th:
A resolution endorsing the jobs and education programs of the National Alliance of Businessmen.

HB 64. By Representatives Murphy of the 18th, McDonald of the 12th, Adams of the 79th and others:
A bill to amend an Act creating the Public School Employees' Retirement System so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System.

HB 162. By Representatives Hatcher of the 131st, Taggart of the 125th, Walker of the 115th and others:
A bill to provide the superior courts with concurrent jurisdiction to enforce by contempt certain orders, judgments or decrees.

HB 163. By Representatives Hatcher of the 131st, Walker of the 115th, Snow of the 1st and others:
A bill to amend Code Chapter 59-1, relating to jury commissioners and the selection of jurors, as amended, so as to provide that persons placed on first offender probation for crimes involving moral turpitude shall be ineligible to serve on juries.

HB 183. By Representatives Cox of the 141st, Lord of the 105th, Bargeron of the 83rd and others:
A bill to amend an Act authorizing the operation of vending facilities in State buildings by blind or otherwise seriously disabled persons so as to change the term "vending stand" to "vending facility".

HB 214. By Representatives Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to provide additional provisions relative to death benefits.

HB 251. By Representatives Linder of the 44th, Marcus of the 26th, Cox of the 141st and others:
A bill to amend an Act known as the Georgia Administrative Procedure Act approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, so as to provide that in contested cases involving a license to practice medicine a reviewing court may order a stay only if it makes certain findings.

MONDAY, FEBRUARY 28, 1977

1311

HB 252. By Representatives Linder of the 44th, Marcus of the 26th, Cox of the 141st and others:
A bill to amend Code Section 84-916, relating to the refusal or revocation of licenses to practice medicine, as amended, so as to provide for civil and criminal immunity for persons making certain reports.

HB 289. By Representative Games of the 43rd:
A bill to amend Code Chapter 46-3, relating to property and persons subject to garnishment, so as to change the provisions relating to garnishment of salaries of government employees.

HB 317. By Representatives Hanner of the 130th, Long of the 142nd, Coleman of the 118th and others:
A bill to amend Code Section 68B-311, relating to limited driving permits for first offenders so as to provide that a person whose driver's license has been revoked may obtain a limited driving permit under certain conditions; to provide an effective date.

HB 331. By Representatives Buck of the 95th, Coleman of the 118th and Colwell of the 4th:
A bill to amend an Act creating the "Sheriffs' Retirement Fund of Georgia", approved April 16, 1963, as amended, so as to provide an in crease in retirement benefits for those members and persons already receiving retirement benefits.

HB 332. By Representatives Buck of the 95th, Coleman of the 118th and Colwell of the 4th:
A bill to amend an Act creating the "Sheriffs' Retirement Fund of Georgia", approved April 16, 1963, as amended, so as to remove the requirement that members of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia furnish a surety bond.

HB 446. By Representatives Whitmire, Wood and Jackson of the 9th:
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, so as to include cable television services (CATV) within the provisions of the Act.
HB 586. By Representatives Felton of the 22nd, Phillips of the 120th, Knight of the 67th and others:
A bill to encourage newly-elected and newly-appointed members of local boards of education to attend workshops for orientation on the educational program objectives of Georgia and study and instruction on the subjects of school finance, school laws, responsiveness to the com munity, and the ethics, duties and responsibilities of local boards of education members.

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HB 607. By Representatives Lambert of the 112th, Ross of the 76th, Knight of the 67th 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 kindergarten program; to provide authority to the State Board of Education con cerning the kindergarten program.

HB 629. By Representative Greer of the 43rd:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to authorize the Board of Directors of the Authority to waive competitive bidding requirements in the sale, lease, exchange or other disposition of real property owned by the authority as specified in this Act.

HB 630. By Representative Greer of the 43rd:
A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to authorize the bonds of the Authority to be used as security for all public deposits.

HB 144. By Representatives Lucas of the 102nd and Randall of the 101st:
A bill to provide that in all counties of this State having a population of not less than 100,000 and not more than 150,000, and in certain municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully au thorized, such sales for consumption on the premises shall be authorized during certain hours.

HB 274. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for a system of pensions for officers and employees of cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retirement members of such system for fractional parts of years in all computations of creditable service.

HB 275. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for pensions for members of police departments in cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members for fractional parts of years in all computations of creditable service.

HB 276. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for a system of pensions and other benefits for members of paid fire departments in cities having a population over 300,000, and to amend all Acts which

MONDAY, FEBRUARY 28, 1977

1313

have amended that Act, so as to provide credit to active and retiring members of such system for fractional parts of years in all computations of creditable service.

HB 774. By Representatives Buck of the 95th, Cason of the 96th, Bishop of the 94th and others:
A bill to amend an Act creating the Muscogee County School District, as amended, so as to change the maximum amount for which the Superintendent of the Board of Education may make contracts.

HR 113. By Representative Howell of the 140th:
A resolution authorizing the conveyance of certain real property located in Miller County, Georgia, to the Board of Commissioners of Miller County.

HR 137. By Representatives Lambert of the 112th, Knight of the 67th, Ross of the 76th and others:
A resolution proposing an amendment to the Constitution so as to change the requirements for consolidation and merger of county districts, independent school systems, or any portions or combination thereof so as to require approval by a majority of the voters voting in each district or system affected; to provide for the submission of this amendment for ratification or rejection.

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 328. By Senator Barnes of the 33rd:
A bill to amend an Act incorporating the City of Powder Springs, as amended, so as to change the punishments which may be imposed by the mayor's court.

Senator Barnes of the 33rd offered the following substitute to SB 328:
A BILL
To be entitled an Act to amend an Act providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. Laws 1970, p. 2760), as amended, so as to change the corporate limits of said city; to change the punishments which may be imposed in the recorder's court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the City of Powder

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Springs, approved March 13, 1970 (Ga. Laws 1970, p. 2760), as amended, is hereby amended by adding at the end of Section 1.02 the following:

"TRACT XIII

All that tract or parcel of land lying and being in Land Lot 652 of the 19th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point located at the southwest corner of the intersection of Jennings Road and Macland Road, which point is also located 719.5 feet south of the north line of Land Lot 652, as measured along the west side of Macland Road; running thence south 2 degrees 15 minutes east along the west side of Macland Road a distance of 308.2 to a point; running thence south 89 degrees west a distance of 281.4 feet to a point; running thence north 1 degree west a distance of 308 feet to a point located on the south side of Jennings Road; running thence east along the south side of Jennings Road a distance of 274.4 feet to a point located on the west side of Macland Road at the point of beginning.

TRACT XIV
All that tract or parcel of land beginning at a point on the northerly side of Aiken Road 252 feet west from the intersection of the northerly side of Aiken Road and the westerly side of Old Austell-Powder Springs Road; thence west along the northerly side of Aiken Road 300 feet to a point and iron pin; thence northerly 31 degrees 33 minutes west 290 feet to a point; thence east 300 feet to a point; thence south 290 feet and the point of beginning."
Section 2. Said Act is further amended by striking from Section 6.03 the following:
"two hundred dollars ($200.00)" and "sixty (60)",
and substituting in lieu thereof the following:
"$500" and "120", respectively,
so that when so amended, said Section shall read as follows:
"Section 6.03. Jurisdiction. Be it further enacted, that the recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Powder Springs passed in accordance with this charter, for each offense in an amount not to exceed $500, to imprison offenders for a period of not more than 120 days, or at labor on the roads and streets or other public works of said city for not more than 120 days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the au-

MONDAY, FEBRUARY 28, 1977

1315

thority to inflict a greater punishment for contempt than to impose a fine of one hundred dollars ($100.00) or imprisonment not exceed ing twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Powder Springs which warrants may be executed by an officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Powder Springs. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorders, police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths."

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 50, 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.

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 332. By Senator Barnes of the 33rd:
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; to change the provisions relative to qualifications for the office of mayor or councilmen.

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

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

1316

JOURNAL OF THE SENATE,

HB 399. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968, so as to extend and increase the corporate limits of the City of LaGrange.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 474. 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 provisions thereof relative to the appointment of a judge pro hac vice; to provide for the compensation, duties and qualifications of the judge pro hac vice.

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 733. By Representatives Wall of the 61st, Phillips of the 59th and Harris of the 60th:
A bill to continue and re-create the State Court of Gwinnett County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.

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

,HB 739. By Representatives Stone and Greene of the 138th: A bill to amend an Act placing the Sheriff and the Clerk of the Superior

MONDAY, FEBRUARY 28, 1977

1317

Court of Wayne County on a salary basis in lieu of a fee basis of com pensation, as amended, so as to change the salary 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 50, nays 0.

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

HB 825. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to create and establish the Troup County Airport Authority; to provide a title for such Act ("Troup County Airport Authority Act"); to declare the need for such Authority; to declare the public purpose of the Authority; to provide for members of the Authority and their terms.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.

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

HB 834. By Representative Banner of the 130th:
A bill to create and establish a Small Claims Court in and for Randolph County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in 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 835. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system of compensation, as amended, so as to change the compensation of the Sheriff; to provide an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1318

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 50, nays 0.

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

HB 838. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, as amended, so as to change the county supplement to the State salary of said judges.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 841. By Representatives Foster and Williams of the 6th and Ramsey of the 3rd:
A bill to amend an Act amending, revising, superseding and consolidat ing the laws pertaining to the governing authority of Whitfield County and creating a Board of Commissioners of Roads and Revenues for Whitfield County, so as to change 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 842. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Sheriff of Crawford County upon an annual salary, as amended, so as to change the compensation pro visions relating to the sheriff.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.

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

MONDAY, FEBRUARY 28, 1977

1319

HB 843. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, as amended, so> as to change the provisions relative to the compensation 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 50, nays 0.

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

HB 844. By Representative Culpepper of the 98th:
A bill to amend an Act abolishing the fee system of compensation for the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, as amended, so as to change the compensation pro visions relating to 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 847. By Representative Banner of the 130th:
A bill to amend an Act incorporating the Town of Parrott in Terrell County, as amended, so as to change the date of elections in said Town.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.

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

HB 850. By Representatives Battle of the 124th, Triplett of the 128th, Hill of the 127th and others:
A bill to amend an Act to provide for the compensation of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the U.S. Decennial Census of 1970 or any future

1320

JOURNAL OF THE SENATE,

such census, so as to change the compensation of the tax commissioner in each 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 50, nays 0.

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

HB 853. By Representative Clifton of the 107th:
A bill to create and establish a Small Claims Court in and for Candler County; to prescribe the jurisdiction of said court; to prescribe the plead ing and practice in 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 854. By Representative Clifton of the 107th:
A bill to amend an Act creating a new charter for the City of Metter, as amended, so as to change the time for holding municipal elections; to change the terms of office of the Mayor and Councilmen.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 50, nays 0.

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

HB 855. By Representative Hudson of the 137th:
A bill to amend an Act entitled "An Act to amend an Act to incorporate the City of Fitzgerald and establishing a new charter therefor, and the several Acts amendatory thereof and for other purposes.", as amended, so as to change the provision relative to the maximum rate of taxation for the operation of the public schools.

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

MONDAY, FEBRUARY 28, 1977

1321

On the passage of the bill, the yeas were 50, nays 0.

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

HB 856. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating a board of commissioners of Bulloch County, as amended, so as to change the provisions relative to the com pensation of clerical assistants; 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 857. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act creating the State Court of Screven County, as amended, so as to change the provisions relative to the compensation of the judge and solicitor of said court; to provide an effective date.

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

On the passage of the bill, the yeas were 50, nays 0.

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

HB 859. By Representative Hatcher of the 131st:
A bill to repeal an Act to provide for the compensation of the board of education in counties having a population of not less than 4,540 and not more than 4,550 according to the U.S. Decennial Census of 1960 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 50, nays 0.

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

1322

JOURNAL OF THE SENATE,

HB 861. By Representatives Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, as amended, so as to change the compensation 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 50, nays 0.

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

HB 862. By Representatives Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County and providing in lieu thereof an annual salary, as amended, 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 50, nays 0.

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

HB 864. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and White of the 132nd:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, as amended, so as to authorize the gov erning authority of Dougherty County to provide for a supplement to the salary of the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Dougherty 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 865. By Representatives Lane of the 81st and Nessmith of the 82nd: A bill to amend an Act placing the Sheriff of Bulloch County upon an

MONDAY, FEBRUARY 28, 1977

1323

annual salary, as amended, so as to change the provisions relative to the compensation of the Sheriff and his 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 877. By Representatives Mostiler and Carlisle of the 71st:
A bill to repeal an Act 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 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 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following local bill of the Senate, having been lost on February 2, re considered on February 3 and committed to the Committee on County and Urban Affairs, favorably reported February 23, was put upon its passage:
SB 126. By Senator Stephens of the 36th:
A bill to provide that in certain counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wine is lawfully autho rized, such sale 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, Senator Thompson of the 32nd called for the yeas and nays; the call was not sustained.

On the passage of the bill, the yeas were 32, nays 9.

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

Senator Dean of the 31st asked unanimous consent that he be recorded as voting "nay". The consent was granted.

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

Allgood Ballard

Banks Barker

Barnes Bell

1324

JOURNAL OP THE SENATE,

Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher Foster Gillis Greene

Hill Holloway Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Riley Russell Scott Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not answering were Senators:

Coverdell Duncan Howard

Paulk Pearce

Reynolds Robinson

Senator Starr of the 44th introduced the chaplain of the day, Reverend Wayne Brooks, pastor of the First Baptist Church of Riverdale, Riverdale, Georgia, who offered prayer.
The following resolutions of the Senate and House were read and adopted:
SR 131. By Senator Reynolds of the 48th: A resolution commending Ms. Cindy Brogdon.
SR 133. By Senator Thompson of the 32nd: A resolution commending Mr. C. Snyder Turner.
SR 134. By Senator Kennedy of the 4th: A resolution commending Honorable J. B. "Red" Carter.
SR 135. By Senators Kennedy of the 4th and Gillis of the 20th: A resolution commending Mr. Alien Richard Rogers.
HR 303. By Representative Housley of the 21st: A resolution commending Mr. Walter Purdy Stymus.
SENATE RULES CALENDAR Monday, February 28, 1977
SB 91. State Meetings Open to Public--notice of time and place (SUBS) (AMs)

MONDAY, FEBRUARY 28, 1977

1325

SB 194. Plumbing Installation Inspections--licensing of persons engaged in (AM)
HB 464. Transfer of Property Deeds--exempt tax certain conditions (SUB) (AM)
SB 66. Child Negligence--exercise of due care by minors SB 64. Juvenile--dispositional orders continue certain children SB 75. Civil Cases--certain medical records (SUB) SB 257. Insurance Code Fees & Taxes--waive collection of amount as
penalty SB 258. Insurer's Average Yield from Investment Income--consideration
given SB 267. Attorneys Representing Indigent--appointment and payment SB 279. State, Local Agencies--purchase of liability insurance SB 280. Mentally Retarded--treatment and surgery in medical emergency
(AM) SB 281. Alcoholic, Drug Addict--treatment and surgery in medical emer
gency (AM) SB 282. Mentally Ill-treatment and Surgery in medical emergency (AM) SB 287. Human Resources Employees--compensation certain personal
property losses SB 303. Trappers and Fur Dealers--provide requirements (SUB) SB 317. Act on Discharging Firearms on Sunday--additional exceptions SB 331. Taxes Rendered Uncollectible--temporary collection SR 50. Superior Court Judges--terms of six years SR 92. Mental Disability Laws Study Committee--create (SUB) SR 94. Cost of Care Study Committee--create (SUB) SR 103. Juvenile Judge Qualifications Study Committee--create (SUB) HB 31. County Boards of Tax Assessors--eligibility to serve
HB 221. Hospital Liens--certain benefits excepted from provisions of Act
HB 297. Intangible Property Tax--single long-term note by real estate (SUB)
HB 406. Mechanics' and Materialmen's Liens--clarify recordation
HB 513. Deceased Real Estate Broker--payment to heir not unfair practice
HB 572. Dougherty Judicial Circuit--duties of investigators
HB 702. National Guard--program of student loans
HR 114. Properties Commission--convey easement to Swift Agricultural Chemicals Corporation (AM)

1326

JOURNAL OF THE SENATE,

HR 116. Justice of Peace Study Committee--create

Respectfully submitted,
/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

Senator Barker of the 18th moved to postpone the following bill of the Senate until 11:45 o'clock A.M.

SB 91. 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, board, bureau, commission or political subdivision of any county, municipal corporation, board of education, at which official actions are to be taken are public meetings and shall be open to the public at all times.

On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 91 was postponed until 11:45 o'clock A.M.

The following general bill of the Senate, having been lost on February 22, reconsidered on February 23 and postponed until February 28, was put upon its passage:

SB 194. By Senator Ballard of the 45th:
A bill to provide for the licensing and regulation of persons engaged in the practice of plumbing installation inspections; to provide the pro cedures connected therewith.

The amendment offered by the Senate Committee on Industry, Labor and Tourism, adopted on February 22, was as follows:
Amend SB 194 by inserting on Page 2, at the end of line 11, the following:
"Individual sewage disposal system including septic tank sys tems that are presently regulated by the Department of Human Resources are specifically excluded from this Act. This Act does not preclude design, operational and inspectional professionals such as engineers, architects and sanitarians from performing their duties of design, approving materials or facilities, issuing permits, or in specting any of the above referenced facilities."

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

MONDAY, FEBRUARY 28, 1977

1327

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

Those voting in the affirmative were Senators:

Allgood Ballard Barker Bell Bond Broun of 46th Brown of 47th

Foster Holloway Hudson Johnson Lester Overby Reynolds

Riley Russell Scott Starr Stephens Tysinger
Wessels

Those voting in the negative were Senators:

Banks Barnes Brantley Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Gillis Greene Hudgins Kennedy Kidd Langford McGill Paulk Robinson Shapard

Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Walker

Those not voting were Senators:

Duncan Hill

Howard

Pearce

On the passage of the bill, the yeas were 21, nays 31.

The bill, having failed to receive the requisite constitutional majority, was lost.
The following general bill of the House, having been passed as amended on February 22, reconsidered on February 23 and postponed until February 28, was put upon its passage:
HB 464. By Representatives Johnson, Benefield, Wood and Lee of the 72nd and Pinkston of the 100th:
A bill to amend an Act providing for a tax on certain deeds, instruments or other writings, transferring real estate, approved April 18, 1967, as amended, so as to exempt from taxes on the transfer of real property deeds issued in lieu of foreclosure and deeds issued by court order.
Senator Sponsor: Senator Barnes of the 33rd.

1328

JOURNAL OF THE SENATE,,

Senator Banks of the 17th moved that the following amendment be recon sidered :

The Senate Judiciary Committee offered the following amendment:
On line 19, Page 2, after the word "foreclosure" insert "provided that the deed issued in lieu of foreclosure is for a deed to secure debt that has been in existence and properly executed and recorded for a period of twelve months prior to the recording of the deed in lieu of forclosure."

On the motion, the yeas were 40, nays 0, and the amendment was reconsidered.

On the adoption of the amendment, the yeas were 14, nays 20, and the amend ment was lost.

Senator Banks of the 17th offered the following substitute to HB 464:
A BILL
To be entitled an Act to amend an Act providing for a tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967 (Ga. Laws 1967, p. 788), as amended by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1102), an Act approved March 21, 1969 (Ga. Laws 1969, p. 109), an Act approved April 18, 1975 (Ga. Laws 1975, p. 782) and an Act approved March 31, 1976 (Ga. Laws 1976, p. 1059), so as to exempt from taxes on the transfer of real prop erty deeds issued in lieu of foreclosure; to provide for other matters relative to the foregoing; 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 for a tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967 (Ga. Laws 1967, p. 788), as amended by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1102), an Act approved March 21, 1969 (Ga. Laws 1969, p. 109), an Act approved April 18, 1975 (Ga. Laws 1975, p. 782) and an Act approved March 31, 1976 (Ga. Laws 1976, p. 1059), is hereby amended by striking Section 3 in its entirety and inserting in lieu there of a new Section 3, to read as follows:
"Section 3. The tax imposed by Section 1 of this Act shall not apply to any instrument or writing given to secure a debt; nor shall said tax apply to any deed or gift from any grantor or grantors to any grantee or grantees, or to any instrument or writing executed by any agency of the State of Georgia or the U. S. Government or by any political subdivision or either of them, or by any public corpo ration or authority. Provided, however, this exemption shall not

MONDAY, FEBRUARY 28, 1977

1329

apply to any profit-making public corporation and in order to ex ercise the exemption the total consideration of the tranfer shall be shown. Provided, further, that the tax imposed by Section 1 shall not apply to any lease of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; pro vided, further, that the tax imposed by Section 1 shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case; provided, further, that the tax imposed by Section 1 of this Act shall not apply to an order for year's support awarding an interest in real property as provided in Code Section 113-1006.1; provided, further, that the tax imposed by Section 1 of this Act shall not apply to any deed issued in lieu of foreclosure if the deed issued in lieu of foreclosure is for a purchase money deed to secure debt that has been in existence and properly executed and recorded for a period of twelve months prior to the recording of the deed in lieu of foreclosure."

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 substi tute 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher

Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langf ord Lester McGill Paulk Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

1330

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Brown of 47th

Duncan Hill

Overby Pearce

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 Sutton of the 9th moved that the following resolution of the House be withdrawn from the Committee on County and Urban Affairs and committed to the Committee on Banking, Finance and Insurance:
HR 49. By Representatives Tolbert, Butler and Johnston of the 56th, Childs of the 51st, Robinson of the 58th and others:
A resolution proposing an amendment to the Constitution so as to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements in DeKalb County.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HR 49 was withdrawn from the Committee on County and Urban Affairs and committed to the Committee on Banking, Finance and Insurance.

The following general bills of the Senate, favorably reported by the commit tee, were read the third time and put upon their passage:
SB 56. 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:

Allgood Ballard Banks Barker Barnes Bell

Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge English Evans Fincher

Poster
Gillis Greene Holloway
Howard Hudgins Hudson Johnson Kennedy Kidd Langford

MONDAY, FEBRUARY 28, 1977

1331

Lester
McGill Overby Paulk
Reynolds Riley Robinson Russell Scott Shapard Starr

Stephens
Sutton Tate Thompson
Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Duncan

Hill Pearce

Stumbaugh Summers

On the passage of the bill, the yeas were 50, nays 0.

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

SB 64. By Senator Barnes of the 33rd:
A bill to amend Code Section 24A-2701, relating to limitations of time on orders of disposition under the provisions of the Juvenile Court Code, as amended, so as to provide that dispositional orders in cases involving deprived children continue in force until the child reaches 18 years of age or the court terminates its order.

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:

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

Eldridge English Evans Fincher Foster Gillis Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd

Langford Lester McGill Overby Paulk Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh

1332
Summers Sutton Tate Thompson

JOURNAL OF THE SENATE,

Timmons Traylor Turner Tysinger

Walker Wessels

Those not voting were Senators:

Bond

Hill

Duncan

Pearce

On the passage of the bill the yeas were 52, 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 rejected the report of the Committee of Conference, and has appointed a second Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:

HB 410. By Representative Lane of the 40th:
A bill to provide for the regulation and licensing of the operation of non profit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the opera tion of nonprofit bingo games.

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

Representatives Lane of the 40th, Mullinax of the 69th and Wood of the 9th.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 75. By Senator Barnes of the 33rd:
A bill to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain posttrial pro cedures in civil cases, so as to require that notice be given an adverse party prior to discovery of certain medical records and statements.

MONDAY, FEBRUARY 28, 1977

1333

The Senate Committee on Judiciary offered the following substitute to SB 75:

A BILL

To be entitled an Act to amend an Act comprehensively and exhaus tively revising, superseding, and modernizing pretrial, trial and certain posttrial procedures in civil cases, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 510), so as to require that notice be given to certain parties prior to discovery pursuant to certain provisions of the Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act comprehensively and exhaustively revising, su perseding, and modernizing pretrial, trial and certain posttrial pro cedures in civil cases, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 510), is hereby amended by adding a new sentence ofter the first sentence of subsection (c) of Section 34 thereof, to read as follows:
"A party desiring discovery under this Section against persons, firms or corporations who are not parties shall proceed only after giving reasonable notice in writing to every other party to the action.",
so that when so amended subsection (c) of Section 34 shall read as follows:
"(c) The provisions of this Section shall also be applicable with respect to discovery against persons, firms or corporations who are not parties, except that the party desiring such discovery shall pro ceed by taking the deposition of such person, firm or corporation or oral examination or by serving interrogatories. A party desiring dis covery under this Section against persons, firms or corporations who are not parties shall proceed only after giving reasonable notice in writing to every other party to the action. The person, firm or corporation so served may move the court for a protective order relieving against such subpoena or interrogatories in whole or in part, and upon good cause shown, the court may grant such relief as it may deem appropriate."
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 33, 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.

1334

JOURNAL OP 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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Foster Gillis Greene Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Weasels

Those not voting were Senators:

Bond Duncan

Hill Hudson

Pearce

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 Broun of the 46th introduced the doctor of the day, Dr. Bothwell Traylor, of Athens, Georgia.

The following general bill of the Senate, having been read the third time on February 14 and committed to the Committee on Judiciary, favorably reported on February 21, postponed on February 23 until February 28, was put upon its passage:

SB 91. 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, board, bureau, com mission or political subdivision of any county, municipal corporation, board of education, at which official actions are to be taken are public meetings and shall be open to the public at all times.

MONDAY, FEBRUARY 28, 1977

1335

The Senate Committee on Judiciary offered the following substitute to SB 91:

A BILL
To be entitled an Act to amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission or political subdivision of any county, munic ipal corporation, 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, approved March 28, 1972 (Ga. Laws 1972, p. 575), so as to provide for notice of the time and place of such meetings prior to the meeting; to provide procedures for such notice; to provide sanctions for failure to provide such notice; to remove certain exceptions to and exemptions from the provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, board, bureau, commis sion, or political subdivision of any county, municipal corporation, 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, approved March 28, 1972 (Ga. Laws 1972, p. 575), is hereby amended by adding at the end of Section 1 a new subsection to be desig nated subsection (d), to read as follows:
"(d) (1)Notice of the time and place of a meeting subject to the provisions of this Act shall be given prior to the meeting. Such notice shall be given in accordance with the provisions of paragraph (2). If the meeting is held at a regularly scheduled time and place, an initial notice of the regularly scheduled time and place for such meetings may be given and further notice need not be given before each subsequent meeting held at such regularly scheduled time and place. If the meeting is not held at a regular scheduled time and place, notice shall be given prior to the meeting.
(2) Each department, agency, board, bureau, commission, po litical subdivision, or governing authority subject to the provision of this Act shall designate a person to provide the notice required by this subsection. Such person shall maintain a list of reporters employed by the news media to be notified of meetings subject to the provisions of this Act. The name and business and after-hours phone numbers of a reporter shall be placed on such list upon ap plication of the reporter. No more than one reporter for any one newspaper, magazine, radio station, television station or other news media shall be listed. The person designated to provide the notice required by this subsection in complying with such requirement shall call the reporters listed and record in writing the reporters con tacted, the person at a listed number with whom notice was given if the reporter could not be contacted, or the fact that no one an-

1336

JOURNAL OF THE SENATE,

swered the phone at either number. Such record shall be made a part of the minutes of the meeting.

(3) No meeting subject to the provisions of this Act shall be held without prior notice as provided in this subsection. No reso lution, rule, regulation or formal action shall be binding unless notice required by this subsection has been given. Upon the sworn testimony of or the affidavit of the person designated to provide the notice required by this subsection, it shall be conclusively presumed that the notice required by this subsection had been given."

Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2, to read as follows:

"Section 2. The provisions of this Act shall not apply to the following:
(a) The deliberations and voting of the Board of Pardons and Paroles.
(b) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the State."

Section 3. Said Act is further amended by striking Section 3 in its entirety, which reads as follows:

"Section 3. The provisions of this Act shall not be construed so as to repeal in any way:

(a) the attorney-client privilege recognized by Georgia law;

(b) those tax matters which are otherwise made confidential by Georgia law.

The public may be excluded in order to protect these privileges."

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

Senator Shapard of the 28th offered the following amendment to the sub stitute offered by the Senate Committee on Judiciary:
Amend SB 91 by striking on Page 1, lines 12 and 13 the following:
"to remove certain exceptions to and exemptions from the provisions of this Act;"
and
By deleting Section 2 in its entirety and renumber sections ac cordingly.

MONDAY, FEBRUARY 28, 1977

1337

On the adoption of the amendment offered by Senator Shapard of the 28th to the substitute offered by the Senate Committee on Judiciary, 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:

Allgood Banks Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 31st Doss Duncan Eldridge English Fincher

Gillis Hill Holloway Hudson Johnson Kennedy Langford Lester McGill Overby Paulk Reynolds Riley

Russell
Scott Shapard Starr Stephens Summers Sutton Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Barker Barnes Bond Carter Dean of 6th

Evans Foster Greene Howard Hudgins Kidd

Robinson Stumbaugh Tate Thompson Traylor

Not voting was Senator Pearce.

On the adoption of the amendment, the yeas were 38, nays 17, and the amend ment offered by Senator Shapard of the 28th to the committee substitute was adopted.

Senator Barker of the 18th offered the following substitute to SB 91:
A BILL
To be entitled an Act to amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission or political subdivision of any county, mun icipal corporation, 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, approved March 28, 1972 (Ga. Laws 1972, p. 575), so as to provide that this Act shall apply to all State or local authorities or other quasi-governmental agencies; to provide for notice of the time and place of meetings prior to the meeting; to provide procedures for such notice; to provide sanctions for failure to provide

1338

JOURNAL OF THE SENATE,

such notice; to remove certain exceptions to and exemptions from the
provisions of this Act; to repeal conflicting laws; and for other pur poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. 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, board, bureau, commis sion, or political subdivision of any county, municipal corporation, 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, approved March 28, 1972 (Ga. Laws 1972, p. 575), is hereby amended by adding in subsection (a) of Section 1 thereof, after the words "political subdivision", the following:

", and of any State or local authorities or other quasi-govern mental agencies,",

so that when so amended subsection (a) of Section 1 shall read as follows:

"(a) All meetings of any State department, agency, board, bu
reau, commission or political subdivision and the governing author
ity of any department, agency, board, bureau, commission or political subdivision of any county, municipal corporation, board of education or other political subdivision, and any State or local authorities or
other quasi-governmental agencies at which official actions are to
be taken are hereby declared to be public meetings and shall be open to the public at all times. No resolution, rule, regulation or formal action shall be binding except as taken or made at such meetings. Any action contesting a resolution, rule, regulation or formal action
on the ground of noncompliance with this law must be commenced within 90 days of the date the resolution, rule or regulation was
passed or the formal action was taken."

Section 2. Said Act is further amended by adding at the end of Section 1 a new subsection, to be designated subsection (d), to read as follows:
"(d) (1) Notice of the time and place of a meeting subject to the provisions of this Act shall be given prior to the meeting. Such notice shall be given in accordance with the provisions of paragraph (2). If the meeting is held at a regularly scheduled time and place, an initial notice of the regularly scheduled time and place for such meetings may be given and further notice need not be given before each subsequent meeting held at such regularly scheduled time and place. If the meeting is not held at a regularly scheduled time and place, notice shall be given prior to the meeting.

(2) Notice required to be given under this subsection shall be given either as provided in subparagraph (A) or (B) of this Para graph :

MONDAY, FEBRUARY 28, 1977

1339

(A) The department, agency, board, bureau, commission, po litical subdivision or governing authority shall post a notice of such meeting at the regular place at which public notices respecting the said governmental entity are posted. Each such notice shall par ticularly specify the name of the governmental entity, the time of the proposed meeting and the place at which the proposed meeting is to be held, and shall be so posted at least 12 hours prior to the proposed meeting time. A record of the posting of the notice, and the time thereof, shall be entered as a part of the minutes of the meeting.

(B) The department, agency, board, bureau, commission, po litical subdivision or governing authority subject to the provisions of this Act shall designate a person to provide the notice required by this subsection. Such person shall maintain a list, supplied by the news media, of telephone numbers to be called in order to pro vide notice of meetings subject to the provisions of this Act. Each newspaper, magazine, radio station, television station or other news media shall be entitled, if such news media desires to be notified, to provide 2 telephone numbers to be called for purposes of notifi cation under the provisions of this Act. The person designated to provide the notice required by this subsection in complying with such requirement shall call the numbers listed in time to provide each person so notified a reasonable opportunity to reach the meet ing before it begins, and record in writing the number called, the person at the listed number to whom notice was given, or the fact that no one answered the phone. A second call will be required only if no contact is made on the first call. The record of calls made, the name of the person notified, or the failure to make contact shall be a part of the minutes of the meeting.

(3) No meeting subject to the provisions of this Act shall be held without prior notice as provided in this subsection. No resolu tion, rule, regulation or formal action shall be binding unless notice required by this subsection has been given. Upon the sworn testi mony of or the affidavit of the person designated to provide the notice required by this subsection, it shall be conclusively presumed that the notice required by this subsection had been given."

Section 3. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2, to read as follows:

"Section 2. The provisions of this Act shall not apply to the following:

(a) The deliberations and voting of the Board of Pardons and Paroles.

(b) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the State.

Section 4. Said Act is further amended by striking Section 3 in its entirety, which reads as follows:

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JOURNAL OF THE SENATE,

"Section 3. The provisions of this Act shall not be construed so as to repeal in any way:

(a) the attorney-client privilege recognized by Georgia law;

(b) those tax matters which are otherwise made confidential by Georgia law.

The public may be excluded in order to protect these privileges."

Section 5. All laws and parts of laws in conflict wtih this Act are hereby repealed.

Senator Scott of the 43rd offered the following amendment:
Amend the substitute offered by Senator Barker of the 18th to SB 91 by deleting Section 2 (B) in its entirety on Page 3, lines 23 through 34 and on Page 4, lines 1 through 27.

On the adoption of the amendment offered by Senator Scott of the 43rd to the substitute offered by Senator Barker of the 18th, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Doss Eldridge English Gillis Kennedy

Langford McGill Russell Scott Starr

Summers Timmons Turner Tysinger

Those voting in the negative were Senators:

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

Duncan Evans Fincher Foster Greene Hill Holloway Howard Hudgins Hudson Johnson Kidd Lester

Overby Paulk Reynolds Riley Robinson Shapard Stephens Stumbaugh Sutton Tate Thompson Traylor Wessels

Those not voting were Senators:

Broun of 46th

Pearce

Walker

MONDAY, FEBRUARY 28, 1977

1341

On the adoption of the amendment, the yeas were 14, nays 39, and the amend ment offered by Senator Scott of the 43rd to the substitute offered by Senator Barker of the 18th was lost.

Senator McGill of the 24th offered the following amendment to the substitute offered by Senator Barker of the 18th:
Amend SB 91 by striking on Page 3, lines 6 through 34 and on Page 4, lines 1 through 22 and substituting in lieu thereof the following:
"subsection shall be given as follows: The department, agency, board, bureau, commission, political subdivision or governing au thority shall post a notice of such meeting at the regular place at which public notices respecting the said governmental entity are posted. Each such notice shall particularly specify the name of the governmental entity, the time of the proposed meeting and the place at which the proposed meeting is to be held, and shall be so posted at least 12 hours prior to the proposed meeting time. A record of the posting of the notice, and the time thereof, shall be entered as a part of the minutes of the meeting."

On the adoption of the amendment offered by Senator McGill of the 24th to the substitute offered by Senator Barker of the 18th, Senator Traylor of the 3rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 47th Duncan Eldridge English Gillis

Hill Kennedy Langford McGill Russell

Timmons Turner Wessels

Those voting in the negative were Senators:

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

Evans Foster Greene Holloway Howard Hudgins Hudson Johnson Kidd Lester Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Tysinger Walker

1342

JOURNAL OF THE SENATE,

Not voting was Senator Fincher.

On the adoption of the amendment, the yeas were 13, nays 42, and the amend ment offered by Senator McGill of the 24th to the substitute offered by Senator Barker of the 18th was lost.

Senator Shapard of the 28th offered the following amendment:
Amend the substitute offered by Senator Barker of the 18th to SB 91 by striking on Page 1, lines 14 and 15 the following:
"to remove certain exceptions to and exemptions from the pro visions of this Act;"
and by deleting Section 3 in its entirety and renumbering sections ac cordingly.

On the adoption of the amendment offered by Senator Shapard of the 28th to the substitute offered by Senator Barker of the 18th, Senator Traylor of the 3rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Banks Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge English

Fincher Gillis Holloway Hudson Johnson Kennedy Langford Lester McGill Overby Paulk Reynolds Riley

Russell Scott Shapard Starr Stephens Summers Button Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Barker Barnes Bond Dean of 6th Evans

Foster Greene Hill Howard Hudgins Kidd

Pearce Robinson Stumbaugh Tate Traylor

On the adoption of the amendment, the yeas were 39, nays 17, and the amend ment offered by Senator Shapard of the 28th to the substitute offered by Senator Barker of the 18th was adopted.

MONDAY, FEBRUARY 28, 1977

1343

On the adoption of the substitute offered by the Senate Committee on Judi ciary, the yeas were 8, nays 37, and the committee substitute was lost.

On the adoption of the substitute offered by Senator Barker of the 18th, the yeas were 47, nays 2, 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 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:

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

Evans Pincher Poster Greene Holloway Howard Hudgins Hudson Johnson Kidd Lester Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Tysinger Walker Wessels

Those voting in the negative were Senators :

Eldridge English Gillis Hill

Kennedy Langford McGill Russell

Timmons Turner

On the passage of the bill, the yeas were 46, nays 10.

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

The President announced that the Senate would stand in recess from 12:25 o'clock P.M. until 2:00 o'clock P.M.

At 2:00 o'clock P.M., the President called the Senate to order.

1344

JOURNAL OF THE SENATE,

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

SB 257. By Senator Doss of the 52nd:
A bill to amend Code Chapter 56-13, relating to fees and taxes under the Georgia Insurance Code, as amended, so as to authorize the Insurance Commissioner to waive the collection of any amount due the State as a penalty under the provisions of Code Title 56, the Georgia Insurance Code.
Senator Wessels of the 2nd offered the following amendment:
Amend SB 257 by adding at the end of Section 1 thereof a new Section 2 to read as follows:
Section 2. Code Section 56-627, relating to exemptions from the Surplus Line Insurance Law, is hereby amended by striking paragraph (1) of said Code Section, which reads as follows:
"(1) Ocean marine and foreign trade insurances;", and by renumbering paragraphs (2), (3) and (4) as paragraphs (1), (2) and (3), so that when so amended, Code Section 56-627 shall read as follows:
"56-627. Exemptions from Surplus Line Law.--The provisions of this Surplus Line Insurance Law controlling the placing of in surance with unauthorized insurers shall not apply to reinsurance or to the following insurances when so placed by licensed agents or brokers of this State:
(1) Insurance on subjects located, resident, or to be performed wholly outside of this State, or on vehicles or aircraft owned and principally garaged outside this State;
(2) Insurances on property or operation of railroads engaged in interstate commerce;
(3) Insurance of aircraft owned or operated by manufacturers of aircraft or operated in schedules interstate flight, or cargo of such aircraft, or against liability, other than workmen's compensa tion and employers liability, arising out of the ownership, mainte nance or use of such aircraft."
and by renumbering said bill.

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.

MONDAY, FEBRUARY 28, 1977

1345

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes
Bell
Brantley
Brown of 47th
Carter
Doss Eldridge
English
Evans Foster

Gillis Greene Hill Holloway Hudgins
Hudson
Johnson
Kennedy
Kidd
Lester
McGill
Overby
Paulk
Pearce

Reynolds Riley Scott Shapard Starr Stumbaugh
Sutton
Timmons
Traylor
Turner
Tysinger
Walker Wessels

Voting in the negative was Senator Dean of 6th

Those not voting were Senators:

Bond Broun of 46th Coverdell Dean of 31st Duncan

Fincher Howard Langford Robinson Russell

Stephens Summers Tate Thompson

On the passage of the bill, the years were 41, nays 1.

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

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

SB 258. By Senator Doss of the 52nd:
A bill to amend Code Section 56-507, relating to the standards applicable to rates, so as to provide that consideration shall be given to the in surers average yield from investment income.

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

1346

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Allgood
Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Doss Eldridge English Evans Foster

Gillis Greene Hill Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Scott Shapard Starr Stumbaugh Button Thompson Timmpns Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Dean of 6th

Those not voting were Senators:

Bond Coverdell Dean of 31st Duncan

Fincher Holloway (presiding) Howard Langford

Russell Stephens Summers Tate

On the passage of the bill, the yeas were 43, nays 1.

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

SB 267. By Senator Overby of the 49th:
A bill to amend an Act providing for the appointment of an attorney or attorneys to represent indigent defendants in criminal cases involving capital felonies and appeal from convictions thereof, so as to change the provisions relating to the appointment and payment of compensation and expenses to appointed attorneys.

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:

Allgood Ballard

Banks Barker

Barnes Bell

MONDAY, FEBRUARY 28, 1977

1347

Brantley Broun of 46th.
Brownof47th " ; Carter Coverdell Doss Duncan Eldridge English Evans Fincher Foster

Ctillis

' Riley ? <

Greene

r : Scott

Hill i . >

Shapard

Hudgins : : : . Stnmbaugh

! Hudson

. . Thompson

Kennedy

Timmons

Kidd

Traylor

Lester

Turner

;

Overby

Tysinger

Paulk

Walker

Pearce

Reynolds

,

,."'

Those voting in the negative were Senators:

Dean of 6th

McGill

Button

Those not voting were Senators:

Bond

Langford

Dean of 31st '...;

Robinson

Holloway (presiding)

Russell

Howard

Starr

:

Johnson

Stephens

Summers Tate Wessels

On the passage of the bill, the yeas were 40; nays 3.

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

SB 279. By Senator Kidd of the 25th:
A bill to permit the purchase of liability insurance or contracts of in demnity or the formulation of sound programs of self-insurance by State and local agencies; to permit the Commissioner of the Department of Administrative Services to purchase liability insurance or contracts of indemnity on behalf of the State and local agencies or to formulate a program of self-insurance for such agencies.

Senator Holloway of the 12th offered the following amendment:
Amend SB 279 by inserting after the word and semicolon "bodies;" on line 9, Page 1, the following:
"to provide for separate reserve funds;".
By inserting after the word and period "program." on line 26, Page 2, the following:
"If the Commissioner decides to institute a self-insurance pro gram, he shall establish and maintain two separate reserve funds.

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JOURNAL OF THE SENATE,

One of the reserve funds shall be maintained for the payment of liabilities arising out of claims against officers, officials and em ployees of the State, and the other reserve fund shall be maintained for the payment of liabilities arising out of claims against officers, officials and employees of counties and municipalities."

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31th Doss Eldridge English Evans

Fincher Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Scott Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Duncan

Holloway (presiding) Russell

Stephens Summers

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 280. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-25, relating to the treatment of the mentally retarded, as amended, so as to provide consent for treatment and surgery in the event of a medical emergency; to provide that this Act shall not repeal other laws.

MONDAY, FEBRUARY 28, 1977

1349

The Senate Committee on Human Resources offered the following amend ment:

Amend SB 280 by inserting on Page 1, line 20, after the word "phy sicians" the following:

", except that one of the physicians shall not be employed full time by the institution where the surgical or other intervention procedure is to be done".

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 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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge English Evans

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Robinson Russell Scott Shapard Starr Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Bond Doss Duncan

Fincher Holloway (presiding) Riley

Stephens Summers Timmons

On the passage of the bill, the yeas were 47, nays 0.

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

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JOURNAL OF THE SENATE,

SB 281. By Senator Kiddof the 25th: ,
A bill to amend Code Chapter 88-4, relating to the treatment of alcoholic or drug dependent individuals, so as to provide consent for treatment and surgery in the: event of a medical emergency^ to provide that this Act shall not repeal other laws.

; s' The Senate^Committee on Human Resources offered the following amend ment-: ': -' '1 - '-' '-'. '"-". ''. " ' '.:: >i " ' ' ".
Amend SB 281 by inserting on Page 1, line 21, after the word "physicians" the following:
", except that one of the physicians shaH not be employed full time by the institution where the surgical or other intervention pro cedure is to be done".

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 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:

Allgood

Ballard

Banks

Barker

Barnes

Bell

;

Brantley

..-:';

Broun of 46th , .

Brown of 47th

Carter

Dean of 6th

Dean of 31st

Duncan

Eldridge

English

Evans

Fincher Foster Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

;;.;. ,, ~

.
Reynolds Robinson Russell Scott Shapard Starr Stumbaugh Sutton : Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell Doss

Holloway (presiding) Johnson Riley

Stephens Summers

On the passage of the bill, the yeas were 48, nays 0.

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

as amended.



MONDAY, FEBRUARY 28, 1977

1351

SB 282. By Senator, Kid,d of the 25th: ; ; ;:

:

...-.

-

A bill to amend, Code Chapter^ 88^5;,,relating to,the care and treatment of the mentally ill, as amended, so as to provide for consent for treat ment and surgery in the event,of a medical emergency.

The Senate Committee on Human Resources offered the following amend ment:
Amend SB 282 by inserting on Page 1, line 20, after the word "phy sicians" the following:
", except that one of the physicians shall not be employed full time by the institution where the surgical or other intervention procedure is to be done".

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 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:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter '< Dean of 9th Dean of 31st Doss Duncan Eldridge English Evans

Fincher

Gillis

Greene

'

Hill

Hudgins

Hudson

Johnson

Kennedy

Kidd

Langford

Lester

McGill

Overby

Paulk

Pearce

Reynolds

Riley Robinson Russell Scott Shapard Starr Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Banks Bond Coverdell

Foster Holloway (presiding) Howard

Stephens Summers Timmons

On the passage of the bill, the yeas were 47, nays 0.

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

as amended.

,

1352

JOURNAL OF THE SENATE,

SB 287. By Senators Lester of the 23rd, Kidd of the 25th and Riley of the 1st:
A bill to amend Code Chapter 88-24, relating to rights of certain State employees, as amended, so as to provide compensation to employees of the Georgia Department of Human Resources for certain personal prop erty loses sustained through patient action.

Senator Starr of the 44th offered the following amendment:
Amend SB 287 by striking the word "Jewelry" on line 25, Page 1, and removing the period on line 26 after the word "employee" and in serting "with allowance for reasonable depreciation".

On the adoption of the amendment, the yeas were 37, 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:

Allgood Brantley Broun of 46th Brown of 47th Carter Doss Duncan English Poster Gillis Greene

Hill Howard Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Russell Scott Starr Tate Thompson Traylor Tysinger Walker Wessels

Those voting in the negative were Senators:

Banks Barnes Bell Dean of 6th Dean of 31st

Eldridge Fincher Hudgins Johnson Robinson

Shapard Stumbaugh Button Timmons Turner

Those not voting were Senators:

Ballard
Barker Bond

Coverdell
Evans Holloway (presiding)

Stephens Summers

On the passage of the bill, the yeas were 33, nays 15.

MONDAY, FEBRUARY 28, 1977

1353

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

Senator Lester of the 23rd moved that SB 287 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 287 was immediately transmitted to the House.

SB 303. By Senators Gillis of the 20th and English of the 21st:
A bill to provide requirements relative to trappers and fur dealers; to provide for definitions; to provide for unlawful trapping and other activities relative thereto; to provide that fur dealers must be licensed; to provide certain conditions relative to fur dealers' licenses.

The Senate Committee on Natural Resources and Environmental Quality offered the following substitute to SB 303:
A BILL
To be entitled an Act to provide requirements relative to trappers and fur dealers; to provide for definitions; to provide for unlawful trapping and other activities relative thereto; to provide trapping only during certain periods; to provide that trappers and fur dealers must be licensed; to provide certain conditions relative to nonresident trappers and fur dealers' licenses; to provide for records of fur dealers; to pro vide the amount of a nonresident fur dealer's license; to provide for the construction of this Act; to provide for penalties; 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. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:
(a) "Board" means the Board of Natural Resources.
(b) "Commissioner" means the Commissioner of Natural Resources.
(c) "Department" means the Department of Natural Resources.
(d) "Furbearing animal" means any mink, otter, raccoon, fox, opossum, muskrat, skunk, bobcat or weasel.
(e) "Fur dealer" means a person who purchases or sells raw un dressed hides, furs, pelts or skins of furbearing animals; provided, how-

1354

JOURNAL OF THE SENATE,

ever, those persons engaged in wholesale or retail furrier operations, that is those who engage in the manufacture or production of finished fur products, shall not be fur dealers for purposes of this Act.

(f) "Person" means any individual, partnership, firm, corporation, association or other entity.

(g) "Trap" or "trapping" means taking, killing or capturing wild life with traps or deadfalls or other devices commonly used to take wild life, and includes all lesser acts such as placing, setting or staking such traps, deadfalls and other devices whether they result in taking or not and every attempt to take and every act of assistance to any person in taking or attempting to take wildlife with traps, deadfalls or other devices.
(h) "Wildlife" means any vertebrate or invertebrate animal life indigenous to this State or any species introduced or specified by the Board and includes mammals, birds, fish, amphibians, reptiles, crus taceans and mollusks or any part thereof.

Section 2. Unlawful trapping and activities relative thereto, (a) It shall be unlawful for any person to:

(1) Trap any wildlife upon the right-of-way of any public

road or highway of this State.

'

(2) Trap any wildlife upon the lands or in the waters of any other person except with the written consent of the owner of such lands or waters, which written consent shall be upon the person
setting or using the traps.

(3) Trap any wildlife without inspecting the traps used for such purpose a,t least once during each 24-hour period and re moving from such traps any wildlife caught therein.

(4) Trap any wildlife by the use of traps which are not stamped with the owner's name in such a manner that the same shall be legible at all times. Any trap or traps found that are not stamped as required herein may be confiscated and destroyed by the De partment, its officers and conservation rangers.

(5) Ship or otherwise remove or cause to be removed from the confines of this State any raw or undressed hide, fur, pelt or skin of any furbearing animal without first making a report to the Department of such removal on forms to be furnished by the De
partment for such purpose.

(6) Fail to carry a weapon of .22 caliber or greater while tending traps and to use such weapon to dispatch any furbearing animal found in such trap, which animal is to be taken by said person.
(7) Fail to carry a choke stick or similar device while tending traps, which device shall be used for releasing domestic animals.

MONDAY, FEBRUARY 28, 1977

1355

. (8) Set on land any trap larger than a number two trap; pro vided, however, nothing herein shall be construed to restrict the
type of trap which may be used in water.

(9) .Sell the fur,, hide or pelt of any domestic dog or cat.

(b) Any person violating any provision of subsection (a) of this

Section shall be guilty ; of a misdemeanor and upon conviction thereof

shall be punished as for;& misdemeanor.

,

Section 3. Trapping unlawful except furbearers during certain periods, (a) Except as otherwise specifically provided, it shall be un lawful to trap any wildlife in this State between March 1 and November
19 of each year.

,(b) Except as otherwise specifically provided, it shall be unlawful to trap any wildlife during the period between November 20 and Febru ary 29, except that it shall not be unlawful to trap a furbearing animal during such period or portion thereof as may be designated by the Board as an open trapping season for such furbearing animal.

(c) In accordance with subsection (b) of this Section, and as may be appropriate in accordance with sound wildlife, management principles, the Board is hereby authorized to promulgate rules and regulations establishing open seaspns for the trapping of furbearing animals.

(dj Notwithstanding subsection (a) or (b) of this Section, it shall be lawful to trap beaver at any time during the year.

(e) 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.
Section 4. Trappers must be licensed. It shall be unlawful for any person to engage in business as a trapper unless such person has a current valid license to trap issued by the Department. 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.

Section 5. Conditions for a nonresident trapper's license, (a) Upon application for a nonresident trapper's license, the person making such application roust do one of the following:

(1) Post a cash forfeiture bond in the form prescribed by the Board in favor of, the State of Georgia in the amount of $2,500, conditioned upon faithful compliance with the laws of this State and regulations of the Board governing trappers and trapping; or

(2) File with the Commissioner; ,a forfeiture bond in the form prescribed by the Board executed by a bonding, surety or insurance company licensed to do business in this State in favor of the State in the amount of $2,500, conditioned upon faithful compliance with

1356

JOURNAL OF THE SENATE,

the laws of this State and regulations of the Board governing trap pers and trapping.

(b) The term of the bond provided for in paragraphs (1) and (2) of subsection (a) above shall be for one year and shall correspond to the period of the license. The Commissioner shall have the right to recover on the bond for the breach of its conditions whenever the fur dealer violates the laws of this State governing trappers or trapping or any rule or regulation promulgated by the Board pursuant thereto, as follows:

(1) First violation--$500;
(2) Second violation within a two-year period of time of any prior violation--$1,000;
(3) Third violation within a two-year period of time of any violation--$2,500;

(4) All subsequent violations within a two-year period of time of any prior violation--$2,500.

(c) Every breach or violation shall carry over to all succeeding bonds filed under this Section. The aggregate liability shall not exceed the amount of the bond; however, in the event that the total amount of any bond is forfeited, the nonresident trapper's license shall be sus pended until a new bond is filed covering the remainder of the period of the license, and it shall be unlawful and punishable under Section 4 of this Act for such trapper to trap at any time during the suspension of such license.
Section 6. Fur dealers must be licensed. It shall be unlawful for any person to engage in business as a fur dealer unless such person has a current valid license to engage in such business issued by the Depart ment. 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.
Section 7. Conditions for fur dealer's license, (a) Upon application for a fur dealer's license, the person making such application must do one of the following:

(1) Post a cash forfeiture bond in the form prescribed by the Board in favor of the State of Georgia in the amount of $5,000, con ditioned upon faithful compliance with the laws of this State and regulations of the Board governing fur dealers; or

(2) File with the Commissioner a forfeiture bond in the form prescribed by the Board executed by a bonding, surety or insurance company licensed to do business in this State in favor of the State in the amount of $5,000, conditioned upon faithful compliance with the laws of this State and regulations of the Board governing fur
dealers.

MONDAY, FEBRUARY 28, 1977

1357

(b) The term of the bond provided for in paragraphs (1) and (2) of subsection (a) above shall be for one year and shall correspond to the period of the license. The Commissioner shall have the right to re
cover on the bond for the breach of its conditions whenever the fur dealer violates the laws of this State governing fur dealers or any rule or regulation promulgated by the Board pursuant thereto, as follows:

(1) First violation--$500;

(2) Second violation within a two-year period of time of any prior violation--$1,000;

(3) Third violation within a two-year period of time of any violation--$5,000;

(4) All subsequent violations within a two-year period of time of any prior violation---$5,000.

(c) Every breach or violation shall carry over to all succeeding bonds filed under this Section. The aggregate liability shall not exceed the amount of the bond; however, in the event that the total amount of any bond is forfeited, the fur dealer's license shall be suspended until a new bond is filed covering the remainder of the period of the license, and it shall be unlawful and punishable under Section 6 of this Act for such fur dealer to engage in business as such at any time during the suspension of such license.
Section 8. Records of fur dealers, (a) It shall be unlawful for any person to engage in business as a fur dealer unless such person files an annual report with the Department not later than sixty days after the close of the trapping season. Such report shall list the number of each type of hide, fur, skin or pelt purchased during the preceding year, the date of purchase, and the name of the person from whom purchased and shall be submitted on forms provided by the Department. In addition, each fur dealer shall maintain in a legible manner on his business prem ises a listing of furs currently on hand showing each type of hide, fur, skin or pelt purchased, the date of purchase, and the name of the person from whom purchased.
(b) Conservation rangers and other authorized representatives of the Department shall be authorized to enter the premises of a fur dealer, during normal working hours and at any other time when the licensed activity is being conducted, for the purpose of inspecting the premises and the records maintained by such fur dealer pursuant to subsection (a) of this Section.

(c) Any person violating the provisions of subsection (a) of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

Section 9. Service of process for licensees or license applicants. All applications to the Department for any license or permit or license and permit required by this Act shall designate an address in Georgia where

1358

JOURNAL OF THE SENATE,

the applicant can be personally served with legal process, or shall con

tain an appointment of an agent in Georgia for acceptance of service of

legal process together "With the'agent's Georgia address, or shall contain a

!

designation of the Secretary of State of Georgia for acceptance of service

of legal process. A copy of kny application so designating -the Secre

tary of State ; shall be forwarded by the Department to the Secretary of

State. The filing of an application with the Department for a license or

permit or both shall constitute an admission by the applicant that the ap

plicant is doing business in Georgia.

Section 10. License or permit denial, revocation, suspension or nonrenewal, (a) Upon a determination by the Commissioner that a person has violated any provision of this Act or any rule or regulation promul gated pursuant thereto, the Commissioner may revoke, suspend, deny or refuse to renew any license or permit or both required by the provisions of this Act which is held by or has been applied for by such person, for a period of up to two (2) years fallowing the determination of such violation. Provided, however, the license or permit^ or both, to be re voked, suspended, denied or not renewed must not be unrelated to the violation determined by the Commissioner. The licensee, permit holder or applicant for a license or permit, or bpth, shall be notified of the proposed revocation, suspension, denial or nonrenewal personally or by a letter sent by certified mail to the name and address indicated on the applica tion for such license or permit, or both, or to the: Secretary of State as provided in Section 9. Such proposed revocation, suspension, denial or nonrenewal shall become final thirty (30) days after issuance if not ap pealed as provided in this Section.

(b) Any person whose license, permit or application for a license or permit, or both, is proposed for revocation, suspension, denial or nonrenewal shall, upon petition within thirty (30) days of issuance of notice given as hereinabove stated, has the right to a hearing before a hearing officer appointed by the Board. The initial hearing, and any adminis trative review thereof, shall be conducted in accordance with an Act known as the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. Laws 1964, p. 338), as now: or hereafter amended; pro vided, however, any administrative review of the initial decision of such hearing officer shall be by five (5) members of the Board selected by the Board, to be known as the Administrative Review Committee. The full Board shall, upon application of any aggrieved party or upon its own motion, review any decision of the Administrative Review Committee.

;....

(c) Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the Administrative Review Committee of the Board is en titled to judicial review as provided in an Act known as the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended.

Section 11. Administrative penalties. In addition to the authority

heretofore granted in Section 9 and Section 10 to revoke, suspend, deny

or refuse to renew any license or permit, or both, the Commissioner or

the Board, or the Commissioner and the Board, may impose a reason-

' '

able penalty, with the written consent Of the affected party or parties,

not to exceed one thousand dollars ($1,000.00) for each and every

MONDAY, FEBRUARY 28, 1977

1359

violation, in lieu of revocation, suspension, denial or nonrenewal of a license or permit or both. All penalties recovered by the Commissioner as provided herein shall be paid into the general fund of the State treasury.

Section 12. Construction. This Act is hereby declared to be cumula tive of and supplementalto any heretofore existing laws of this State relating to trapping and fur dealers and not in lieu of such laws, except to the extent that the provisions of this Act conflict with any such here tofore existing laws, and in the event of such conflict, it is the intention of the General Assembly that the provisions of this Act shall control. It is also the intention of the General Assembly that the provisions of this Act shall control over any conflicting provisions of any other law enacted at the 1977 session of the General Assembly, but except to the extent of such conflict, this Act is hereby declared to be cumulative of and supplemental to any other law enacted at the 1977 session of the General Assembly.

Section 13. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.
Section 14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Hudgins of the 15th offered the following amendment:
Amend the substitute offered by the Committee on Natural Resources and Environmental Quality to SB 303 by adding after the word "person" on line 20, Page 4, the words "or his agent".

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment offered by Senator Hudgins to the committee substitute was adopted.

Senator Hudgins of the 15th offered the following amendment:
Amend the substitute offered by the Committee on Natural Resources and Environmental Quality to SB 303 by striking on Page 3, lines 32 and 33 "between March 1 and November 19 of each year" and substituting in lieu thereof the following:
"except during the months of November, December and January of each .year."

On the adoption of the amendment, the yeas were 32, nays 4, and the amend ment offered by Senator Hudgins to the committee substitute was adopted.

Senator Walker of the 19th offered the following amendment: Amend the substitute offered by the Committee on Natural Resources

1360

JOURNAL OF THE SENATE,

and Environmental Quality to SB 303 by adding on Page 4, line 21, after the word "Department." the following:

"The annual fee for such licenses shall be (a) professional trap pers license--$160.00, (b) landowner or his immediate family's li cense to trap on landowners private property--$0.00, (c) non resi dents professional trappers" licenses--$500.00".

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment offered by Senator Walker of the 19th to the committee substitute was adopted.

Senator Walker of the 19th offered the following amendment:
Amend the substitute offered by the Senate Committee on Natural Resources and Environmental Quality to SB 303 by adding on Page 2, after line 17, the following subsections:
"(i) Professional Trapper--means a person who traps on any land other than that belonging to himself or to his immediate family.
(j) Immediate Family--means son, daughter, father, mother, brother, sister, granddaughter, grandson or spouse.
(k) Agent--means any person who represents the owner of or dealer in furs for the purpose of selling such furs."

On the adoption of the amendment, the yeas were 37, nays 1, and the amend ment offered by Senator Walker of the 19th to the committee sunbstitute was adopted.

Senator Barnes of the 33rd offered the following amendment:
Amend the substitute offered by the Committee on Natural Re sources and Environmental Quality to SB 303 by inserting in line 10 on Page 1 between the word and semicolon "penalties;" and the word "to" the following:
"to provide that it shall be unlawful to take rabbits or hares in this State except during the lawful hunting season; to provide for additional exceptions;".
By redesignating Sections 12 through 14 as Sections 13 through 15 and by adding a new Section 12 to read as follows:
"Section 12. Rabbits and hares, (a) Except as otherwise pro vided in subsections (b) and (c) of this Section, it shall be unlaw ful for any person to take rabbits or hares in this State except during the lawful hunting season as prescribed by law or rules and regula tions of the Board.

MONDAY, FEBRUARY 28, 1977

1361

(b) Minors under sixteen years of age may trap or capture rabbits or hares at any time by the use of rabbit boxes or similar traps, and such minors may sell such rabbits or hares when the same are purchased for use at field trials licensed or sanctioned by the American Kennel Club.

(c) The prohibitions of this Section shall not apply to domestic rabbits.

(d) 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 40, nays 0, 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 41, 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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th
Dean of 31st
Doss
Duncan
English
Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kidd
Langford
Lester
McGill
Overby
Paulk

Reynolds Riley Robinson Russell Scott Shapard Starr Stumbaugh Button Tate Thompson
Timmons
Turner
Tysinger
Walker
Wessels

Those voting in the negative were Senators:

Eldridge

Kennedy

Traylor

1362

JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Coverdell

Pearce Stephens

Summers

On the passage of the bill, the yeas were 48, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hudgins of the 15th moved that SB 303 be immediately transmitted to the House.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 303 was immediately transmitted to the House.

SB 317. By Senator Howard of the 42nd:
A bill to amend an Act prohibiting certain firing or discharging of fire arms on Sunday, as amended, so as to delete certain exceptions and to provide for additional 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:

Ballard Barnes Bell Brantley Broun of 46th Doss Duncan

Evans Howard Johnson Kidd Langford Lester Riley

Scott Stumbaugh Tate Traylor Tysinger Wessels

Those voting in the negative were Senators:

Allgood Banks Barker Brown of 47th Carter Dean of 6th Dean of 31st Eldridge English Poster

Gillis Greene Hill Hudgins Hudson Kennedy McGill Overby Paulk Pearce

Reynolds Robinson Shapard Starr Sutton Thompson Timmons Turner Walker

MONDAY, FEBRUARY 28, 1977

1363

Those not voting were Senators:

Bond Coverdell Fincher

Holloway (presiding) Russell

Stephens Summers

On the passage of the bill, the yeas were 20, nays 29.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Howard of the 42nd gave notice; that, at the proper time, he would move that the Senate reconsider its action in defeating SB 317.

The President resumed the Chair.

SB 331. By Senators Doss of the 52nd, Foster of the 50th, Duncan of the 30th and others:
A bill to amend an Act comprehensively and exhaustively revising, su perseding, and modernizing the procedure for a review of assessments made by county boards of tax assessors and providing for county boards of equalization, codified as Code Section 92-6912, as amended, so as to provide for temporary collection and enforcement of taxes based upon tax digests appealed or otherwise rendered uncollectible and unenforce able by law.

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

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

Those voting in the affirmative were Senators:

Allgood Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Eldridge English Evans
Fincher

Foster Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk

Pearce Reynolds Robinson Scott Shapard Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

1364

JOURNAL OF THE SENATE,

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Ballard Bond Brantley Coverdell

Gillis Johnson Riley Russell

Starr Stephens Summers Wessels

On the passage of the bill, the yeas were 43, nays 1.

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

Senator Doss of the 52nd moved that SB 331 be immediately transmitted to the House.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 331 was immediately transmitted to the House.

Senator Banks of the 17th moved that the following resolution of the Senate, having been favorably reported on February 21, be committed to the Committee on Judiciary:
SR 50. By Senator Banks of the 17th:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of judges of the superior courts from four years to six years; 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 50 was committed to the Committee on Judiciary.

The following resolutions and bills of the Senate and House, favorably re ported by the committees, were read the third time and put upon their adoption:

SR 92. By Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th:
A resolution creating the Mental Disability Laws Study Committee.

The Senate Committee on Human Resources offered the following substitute to SR 92:
A RESOLUTION
Creating the Mental Disability Laws Study Committee; and for other purposes.

MONDAY, FEBRUARY 28, 1977

1365

WHEREAS, increasing attention has been focused during recent years on protecting the legal rights of the mentally disabled, particularly in connection with involuntary hospitalization procedures; and
WHEREAS, Federal Court decisions subsequent to the enactment of Georgia's present mental disability laws have held that involuntary patients are entitled to a number of procedural safeguards; and
WHEREAS, the need exists to compile, consolidate and revise the laws relating to mental health, mental retardation and drug and alcohol abuse to comply with these constitutional requirements and other prac tical problems in the statutory application.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Mental Disability Laws Study Committee to be composed of nine members to be selected as follows: three members of the Senate who shall be ap pointed by the President of the Senate; three members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives; and three members to be appointed by the Governor.

The Committee shall be authorized to stud" and review the State laws relating to mental health, mental retardation and drug and alcohol abuse, specifically, but not limited to Georgia Code Chapters 88-4, 88-5 and 88-25, and to prepare proposed legislation to compile, consolidate and revise these laws as necessary. The Committee is further authorized to conduct meetings and public hearings at such places and at such times as it considers expedient and to do all other things con sistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The Depart ment of Human Resources is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department is further authorized to employ consultants to assist the Committee. Legisjative members and citizen members, if any, shall receive the expenses and allowances authorized by law for members of interim leg islative committees for their services on the Committee. Members of the Committee who are State officials, other than legislative members, and State employees shall receive no compensation for their services on the Committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the Com mittee. The funds necessary for the reimbursement of the expenses of State officials, other than legislative members, and State employees shall come from funds appropriated to or otherwise available to their respec tive departments. All other funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or other wise available to the legislative branch of government. The Committee shall make a report of its findings and recommendations, with sugges tions for proposed legislation, if any, to the 1978 Session of the General Assembly on or before December 31, 1977, at which time the Committee shall stand abolished.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

1366

JOURNAL OF THE SENATE,

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:

Allgood

Fincher ,

Ballard

Foster .

Banks

Gillis

Barker

Greene

Barnes

,-.,, Hill

Bell

Holloway

Brantley

Howard

Broun of 46th

Hudson

Brown of 47th

Kennedy

Carter

Kidd

Dean of 6th

Langford

Doss

Lester

Duncan

McGill

Eldridge

'Overby

English

Paulk

Evans

:;

Pearce

.

Reynolds

Riley

Robinson

Scott

i . Shapard

Starr

Stephens

Stumbaugh

Button

Tate

Thompson

Timmons

Traylor

Turner :

Tysinger

Walker

Those not voting were Senators:

Bond Coverdell Dean of 31st

Hudgins Johnson Russell

Summers Wespels

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was

adopted by substitute,

.

SR 94. By Senators Lester of the 23rd, Kidd of the 25th and Doss of the 52nd: A resolution to create the Cost of Care Study Committee.

The Senate Committee on Human Resources offered the following substitute toSR 94:
A RESOLUTION
To create the Cost of Care Study Committee; and for other pur poses.
WHEREAS, the present Cost of Care Act imposes a limitation on the liability of a patient for cost of care which is not equitable and which is difficult to apply uniformly; and

MONDAY, FEBRUARY 28, 1977

1367

WHEREAS, the present law requires that liability be determined based on the previous year's earnings and provides no basis for adjust ment given current circumstances; and

WHEREAS, it is not clear when the liability of the patient begins or terminates; and

WHEREAS, became of the absence of definition of legally respon sible person and limited patient liability, third party insurance liability is questionable; and

WHEREAS, clear authority does not exist to properly dispose of delinquent accounts; and

WHEREAS, it is imperative that legislation be enacted to clarify the cost of care laws of this State.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Cost of Care Study Committee composed of nine members to. be selected as follows: three members of the Senate who shall be appointed by the President of the Senate; three members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives; and three members who shall be appointed by the Governor.

The Committee shall be authorized to study the present Cost of Care Act and the Proposed Cost of Care Act of 1977 and to prepare pro posed legislation to clarify the cost of care laws of this State. The Committee is further authorized to conduct meetings and public hearings at such places and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, per form its duties and accomplish the objectives and purposes of this Resolution. The Department of Human Resources is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department is further authorized to employ consultants to assist the Committee. Legislative members and citizen members, if any, shall receive the expenses and allowances authorized by law for mem bers of interim legislative committees for their services on the Com mittee. Members of the Committee who are State officials, other than legislative members, and State employees shall receive no compensation for their services on the Committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the Committee. The funds necessary for the reimbursement of the expenses of State officials, other than legislative members, and State
employees shall come from funds appropriated to or otherwise available
to their respective departments. All other funds necessary to carry out
the provisions of this Resolution shall come from the funds appropriated
to or otherwise available to the legislative branch of government. The
Committee shall make a report of its findings and recommendations,
with suggestions for proposed legislation, if any, to the 1978 Session of
the General Assembly on or before December 31, 1977, at which time the
Committee shall stand abolished.

1368

JOURNAL OF THE SENATE,

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 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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English Evans

Fincher Gillis Greene Hill Holloway Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Walker Wessels

Those not voting were Senators :

Bond Coverdell Dean of 31st

Foster Howard Johnson

Summers Tysinger

On the adoption of the resolution, the yeas were 48, nays 0.

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

SR 103. By Senators Hudgins of the 15th, Wessels of the 2nd, Barnes of the 33rd and others:
A resolution creating the Juvenile Judge Qualifications Study Committee.

The Senate Committee on Judiciary offered the following substitute to SR 103:
A RESOLUTION
Creating the Juvenile Judge Qualifications Study Committee; and for other purposes.

MONDAY, FEBRUARY 28, 1977

1369

WHEREAS, the rates of juvenile crimes and delinquency have been increasing dramatically over the past several years; and

WHEREAS, along with this rising crime and delinquency rate, there has been placed on the juvenile courts an increasing responsibility to handle increased caseloads while giving individual attention to the problems, background and rehabilitation of each juvenile brought before the court; and
WHEREAS, given the responsibilities so placed on juvenile court judges, it is absolutely essential that reasonable and appropriate standards and qualifications be established for juvenile judges and that qualified persons be found and retained to so serve; and

WHEREAS, it is only fitting and proper that a special committee of the Senate be formed to study and make recommendations concerning necessary qualifications for juvenile court judges.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is hereby created the Juvenile Judge Qualifications Study Com mittee to be composed of five members of the Senate to be appointed by the President thereof. The Chairman of the Committee shall be ap pointed by the President of the Senate.

In addition, the legislative members shall appoint advisors from the following: National Council on Crime and Delinquency, National Council of Jewish Women, American Legion, National Association of Social Workers, AFL-CIO, Georgia Association of Juvenile Court Judges, Geor gia Juvenile Services Association, Junior League, Georgia Mental Health Association, Georgia Federation of Women's Clubs, State Department of Education, Division of Youth Services of the Department of Human Re sources, the State Crime Commission, and the Prosecuting Attorneys' Council.
The Committee is authorized to do all things it deems necessary to investigate and study the issues of juvenile judge qualifications and problems related thereto for the purpose of addressing those issues and problems by appropriate legislation. To further its knowledge, the Com mittee may consult with experts and persons with practical knowledge of the subjects being pursued.

The legislative members of the Committee shall receive the al lowances authorized for legislative members of interim legislative com mittees, but for no longer than 10 days unless an extension is obtained from the presiding officer of the Senate. The funds necessary to carry out the provisions of this Resolution shall come from the funds appro priated to or available to the legislative branch of government.

The Committee shall issue a report of its findings to the General Assembly on or before December 1, 1977, at which time the Committee shall stand abolished.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

1370

JOURNAL OF THE SENATE,

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans

Fincher Foster Gillis Greene Hill Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons , Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Bond Coverdell

Holloway Howard ,

Summers

On the adoption of the resolution, the yeas were .51, nays 0.

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

HB 31. By Representatives Howell of the 140th, Colliris of the 144th, Lee of the 72nd and others:

A bill to amend Code Section 92-6905, relating to qualifications of mem

bers of county boards of tax assessors, as amended, so as to remove

therefrom certain persons who shall be ineligible to serve as members

of county boards of tax assessors.

.

Senate Sponsor: Senator Pearce of the 16th.

Senator Langford of the 51st moved that HB 31 be committed to the Com mittee on Banking, Finance and Insurance.

MONDAY, FEBRUARY 28, 1977

1371

On the motion, Senator Pearce of the 16th called for the yeas and nays; the call was sustaineo!, and the vote was as follows:

Those voting in the affirmative were Senators:

Brantley Broun of 46th Doss Duncan Fincher

Hill Hudson Langford Lester Overby

Reynolds Robinson Shapard Stumbaugh Tate

Those voting in the negative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brown of 47th Career ,, Dean of 6th Dean of 31st Eldridge English

Evans Gillis Greene Hudgins Johnson Kennedy Kidd McGill Paulk Pearce Riley Russell

Scott Starr Stephens Sutton Thompson Timmons Traylor Turner Tysinger Walker
Wessels

Those not voting were Senators:

Bond Coverdell

Foster Holloway

Howard Summers

Qn the motion, the yeas were- 15, ,nays 35; the motion was lost, and HB 31 was not committed to the Committee on Banking, Finance and Insurance.

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 Brown of 47th Carter Dean of 31st Doss Eldridge English Foster

Gillis Hill Hudgins Hudson Johnson Kennedy Kidd Paulk Pearce Russell

Shapard Starr Stephens Sutton Tate Thompson Timmons Traylor Turner Walker

1372

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Allgood Barnes Bell Brantley Broun of 46th Dean of 6th Duncan

Evans Fincher Greene Langford Lester Overby Reynolds

Riley Robinson Scott Stumbaugh Tysinger Wessels

Those not voting were Senators:

Bond Coverdell

Holloway Howard

McGill Summers

On the passage of the bill, the yeas were 30, nays 20.

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

HB 221. By Representatives Davis of the 99th, Gammage of the 17th, Buck of the 95th and others:
A bill to amend an Act providing the procedures for the creation of liens in behalf of hospitals so as to provide that certain benefits shall be excepted from the provisions of said Act.
Senate Sponsor: Senator Greene of the 26th.

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:

Allgood Ballard Banks Barker Bell Brantley Broun of 46th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans
Fincher Foster

Gillis Greene Hill Holloway Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds
Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

MONDAY, FEBRUARY 28, 1977

1378

Those not voting were Senators:

Barnes Bond Brown of 47th

Coverdell Howard

Johnson Summers

On the passage of the bill, the yeas were 49, 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 bills of the House and Senate:
HB 278. By Representative Nichols of the 27th: A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new Charter for said City, so as to abolish the Appropriations Committee.
HB 421. By Representatives Nichols of the 27th and Greer of the 43rd: A bill to amend an Act approved Aug. 20, 1927, providing that cities having a certain population shall furnish pensions to officers and em ployees of such cities and for such other purposes set forth in the caption of said Act, as amended.
HB 807. By Representative Games of the 43rd: A bill to amend an Act creating a system of traffic courts pursuant to the Constitution of Ga. for each city of this State having a population of more than 300,000 according to the U. S. Decennial Census of 1960 or any future such census, so as to change the provisions relating to the appointment of assistant solicitors.
HB 915. By Representative Coleman of the 118th: A bill to fix the salary of certain county officers in each county in this State having a population of not less than 15,300 and not more than 15,800 according to the U. S. Decennial Census of 1970, or any future such census; to authorize certain county officers of such counties to employ personnel and to set the salaries for such personnel.
HB 972. By Representative Johnson of the 74th: A bill to amend an Act providing for an expense allowance for the Judge

1374

JOURNAL OF THE SENATE,

of the Superior Court of the Alcovy Judicial Circuit from the funds of Newton County, so as to change the provisions relating to such expense allowance.

HB 979. By Representative Castleberry of the lllth:
A bill to create a new charter for the City of Lumpkin; to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties arid authority; to provide for elec tions; to provide for ordinances and codes.

HB 980. By Representative Castleberry of the lllth:
A bill to create a new charter for the City of Georgetown; to repeal the existing charter of said city and all amendments thereto; to provide for " corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections.

HB 981. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Webster County, as amended, so as to provide for a determination of the compen sation of the commissioner's clerk.

HB 982. By Representative Ross of the 76th:
A bill to amend an Act placing the Clerk of the Superior Court of Warren County on an annual salary, as amended, so as to change the provisions relative to the compensation of the deputy clerk.

HB 983. By Representative Ross of the 76th:
A bill-to amend an A.ct reincorporating the City of Sharon in the County of Taliaferro and providing a new charter for said city so as to change the provisions relating to the election of the mayor and councilmen; to change the provisions relating to the date of elections.

HB 984, By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act incorporating the Town of Mountain City, as amended, so as to change the terms of office of the mayor and councilmen.

HB 987. By Representatives Isakson, Harrison and Nix of the 20th and others:
A bill to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, as amended, so as to change the compensation of said judge.

MONDAY, FEBRUARY 28, 1977

1375

HB 989. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the Commissioner of Murray County, as amended, so as to change the compensation of the commissioner; to provide an effective date,

HB 990. By Representative Ramsey of the 3rd:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Murray County upon an, annual salary, as amended, so as to change the compensation of said officers; to provide for longevity increases.

HB 991. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act incorporating the City of Temple and granting a new charter for said city, so as to change the corporate limits of the City of Temple; to provide for a referendum.

HB 992. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act to create a new charter for the Town of Jenkinsburg, Ga., so as to change certain provisions with respect to the salaries of the'mayor, eouncilmen, clerk and treasurer, marshal, and chief of police.
HB 994. By Representative Hudson of the 137th:
A bill to create the Fitzgerald 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.
HB 995. By Representatives Pinkston of the 100th, Birdsong of the 103rd, Davis of the 99th and others:
A bill to provide a new charter for the City of Macon, Georgia; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the mayor and city council; to pro vide,for administration; to provide for the municipal court of the city government.
HB 996. By Representative Reaves of the 147th:
A bill to amend an Act incorporating the Town of Morven in the County of Brooks, as amended, so as to change the provisions relating to the election of the mayor and councilman.

HB 998. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, as amended, so as to change the corporate limits of the City of Bremen.

1376

JOURNAL OF THE SENATE,

HB 1001. By Representative Bray of the 70th:
A bill to create the Meriwether County Public Facilities Authority as a public corporation and an instrumentality of the State; to authorize it to hold, own and convey real and personal property and to sue and be sued; to authorize it to enter into intergovernmental contracts and con tracts with private persons.

HB 1003. By Representative Irvin of the 10th:
A bill to provide that the Stephens County Development Authority is authorized to issue bonds, debentures and revenue bonds for the pur pose of paying all or any part of the cost of any project consisting of the acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued opera tion of the industry.

HB 1004. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act providing for a board of elections in each county of this State having a population of not less than 63,000 and not more than 65,999, so as to authorize such boards to employ employees subject to the approval and confirmation of such employees by the county governing authority.

HB 1005. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to reincorporate the City of Garfield in the County of Emanuel; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city.

HB 1006. By Representative Karrh of the 106th:
A bill to amend an Act placing the Clerk of the Superior Court of Jenkins County on an annual salary in lieu of the fee system of compen sation, so as to authorize the governing authority of Jenkins County to fix the compensation of the Clerk of the Superior Court of Jenkins County.

HB 1007. By Representative Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary, so as to authorize the governing authority of Jenkins County to fix the compensation of the Sheriff and the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County.

HB 1008. By Representative Karrh of the 106th: A bill to amend an Act establishing the State Court of Jenkins County,

MONDAY, FEBRUARY 28, 1977

1377

as amended, so as to authorize the governing authority of Jenkins County to fix the compensation of the judge and the solicitor of said court.

HB 1009. By Representative Karrh of the 106th:
A bill to amend an Act creating the office of Tax Commissioner of Jenkins County, as amended, so as to authorize the governing authority of Jenkins County to fix the compensation of the tax commissioner.

HB 1010. By Representative Karrh of the 106th:
A bill to amend an Act placing the Judge of the Probate Court of Jenkins County on an annual salary in lieu of the fee system of compensation, so as to authorize the governing authority of Jenkins County to fix the compensation of the Judge of the Probate Court of Jenkins County.

HB 1011. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Summertown so as to change the terms of office of the mayor and councilmen of said town from one year to two years.

HB 1013. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to amend an Act creating the office of Commissioner of Walker County, as amended, so as to change the compensation of the commis sioner; to provide an effective date.

HB 1015. By Representative Rainey of the 135th:
A bill to amend an Act creating and establishing a Small Claims Court for Crisp County, Ga., so as to change the jurisdiction of said Court; to change the provisions relative to the cost of filing claims; to change the provisions relative to the term of office of the judge of said court.

HB 1020. By Representatives Cooper, Kaley and Wilson of the 19th and others:
A bill to amend an Act creating the office of Tax Commissioner of Paulding County, as amended, so as to change the compensation of the tax commissioner.
HB 1022. By Representatives Lord of the 105th and Karrh of the 106th:
A bill to amend an Act creating a board of commissioners for Johnson County, so as to change the expense allowance of the chairman and members of said board.

1378

JOURNAL OF THE SENATE,

HB 1023. By Representative Money of the 5th:
A bill to amend an Act creating the Office of Commissioner of Chattooga County, as amended, so as to change the compensation of the Commissioner; to change certain provisions relative to limits of pur chases and emergency powers of the Commissioner.

HB 1024. By Representatives Cooper, Kaley and Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the salary of the clerk of said court; to pro vide an effective date.

HB 1025. By Representatives Cooper, Kaley and Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the solicitor of said court.

HB 1027. By Representatives Buck of the 95th, Thompson of the 93rd, Galer of the 97th and others:
A bill to amend an Act abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of dis trict attorney, and providing for the payment of the salary of said district attorney, as amended, so as to change the compensation of the assistant district attorney.

HB 1029. By Representative Irvin of the 10th:
A bill to divide the County of Stephens into school districts; to provide for the election of members of the Board of Education of Stephens County; to provide their terms of office and qualifications.

HB 1030. By Representative Irvin of the 10th:
A bill to provide for the appointment of the County School Superinten dent of Stephens County by the Board of Education of Stephens County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing.

HB 1032. By Representative Phillips of the 120th:
A bill to amend an Act establishing the State Court of Treutlen County, as amended, so as to change the provisions relating to the compensation of the judge of said court.

HB 1033. By Representative Phillips of the 120th:
A bill to amend an Act creating the State Court of Treutlen County, as amended, so as to change the provisions relating to trials by jury in said court; to repeal the provisions providing for a jury of 12.

MONDAY, FEBRUARY 28, 1977

1379

HB 1044. By Representatives Nix, Harrison and Isakson of the 20th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to increase the corporate limits of the City of Smyrna; to change the date on which elections shall be held to elect a mayor and seven councilmen for the City of Smyrna.

HB 1052. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating a charter for the City of Gumming, as amended, so as to change the terms of office of the mayor and councilmen of said city.

HB 1055. By Representative Connell of the 87th:
A bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", as amended, so as to provide that the Au thority shall be exempt from sales and use taxes on property purchased directly by the Authority.

HB 1056. By Representative Ham of the 80th:
A bill to amend an Act to place the Tax Commissioner of Monroe County on an annual salary in lieu of the fee basis of compensation; to provide for assistants and personnel for the Tax Commissioner and their ap pointment, removal, powers, duties, and compensation.
HB 1057. By Representative Ham of the 80th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Monroe 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.
SB 293. By Senator Kidd of the 25th:
A bill to create a court to be known as the "Magistrate's Court" for each county of this State having a population of not less than 8,340 and not more than 8,700 according to the United States Decennial Census of 1970 or any future such census; to define its jurisdiction and powers.

The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 172. By Representative Adams of the 36th:
A resolution proposing an amendment to the Constitution so as to provide that social security income and Federal railroad retirement in come shall not be included as adjusted gross income for the purpose of qualifying for City of Atlanta homestead exemptions for elderly persons with low incomes; to provide for the submission of this amendment for ratification or rejection.

1380

JOURNAL OF THE SENATE,

HR 268. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to change the compensation of members of the Board of Education of Houston County; to provide for the submission of this amendment for ratifica tion or rejection.

HR 269. By Representatives Cooper, Kaley, and Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the City of Austell to grant a discount from ad valorem taxes levied by the city for prompt payment of such taxes; to provide for submission of this amendment for ratification or rejection.

HR 270. By Representatives Cooper, Kaley, and Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the City of Austell to grant a homestead exemption in the amount of $2,000.00 from all ad valorem taxes levied by the city for certain persons aged sixty-five or over; to provide for submission of this amendment for ratification or rejection.

HR 274. By Representatives Home of the 104th, Birdsong of the 103rd, Lucas of the 102nd and others:
A resolution proposing an amendment to the Constitution so as to increase the amount of the pensions paid to certain widows and children of firemen and policemen who were members of the Firemen and Police Pension Fund of the City of Macon; to provide for the submission of this amendment for ratification or rejection.

HR 18. By Representative Clark of the 13th:
A resolution compensating Mr. and Mrs. Luther Dwain Free for the death of their daughter, Judy Diane Free.

HR 12. By Representative Howell of the 140th: A resolution compensating Mrs. Mildred C. Hobbs.
HR 84. By Representative Jones of the 126th: A resolution compensating Mr. Jesse Carter.
HR 132. By Representatives Hudson of the 137th, Coleman of the 118th and Jessup of the 117th: A resolution compensating Mr. E. T. "Dick" Fuller.
HR 31. By Representatives Baugh of the 108th and Parham of the 109th: A resolution compensating Dr. John V. Aliff.

MONDAY, FEBRUARY 28, 1977

1381

HR 93. By Representative Ross of the 76th: A resolution compensating Mr. Albert T. Smalley.

HR 92. By Representative Ross of the 76th: A resolution compensating Mr. Jacob A. and Mrs. Lenoy W. Bentley.

HR 187. By Representative Coleman of the 118th: A resolution compensating Ms. Gwendolyn A. Morgan.

HR 215. By Representative Colwell of the 4th: A resolution compensating Mr. Robert L. Abies.

HR 196. By Representative Logan of the 62nd: A resolution compensating Mr. Roper David.

HR 188. By Representative Coleman of the 118th: A resolution compensating Mrs. Dorothy A. Bland.

The House has passed by the requisite constitutional majority the following bills of the House:
HB 85. By Representatives Baugh of the 108th, Parham of the 109th, Cox of the 141st and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to the service neces sary for retirement.
HB 103. By Representatives Hatcher of the 131st, Russell of the 64th, Keyton of the 143rd and others:
A bill to amend Code Section 92-3002, relating to definitions of terms used in the income tax Act of 1931, as amended, so as to redefine the word "corporation".
HB 206. By Representative Taggart of the 125th:
A bill to amend an Act relating to motor vehicle licenses, as amended, so as to require the payment of a fee of one dollar for the transfer of certain licenses and tags from a destroyed or retired motor vehicle to another vehicle.
HB 207. By Representative Taggart of the 125th:
A bill to amend an Act providing for the issuance of special license plates for antique automobiles, so as to change the transfer fee.

1382

JOURNAL OF THE SENATE,

HB 375. By Representative Buck of the 95th:
A bill to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949, as amended, so as to change the age at which certain members of the Employees Retirement System may become eligible for Group Term Life Insurance coverage; to provide for an election of such coverage by affected members.

HB 380. By Representatives Castleberry of the lllth, Hudson of the 137th, Collins of the 144th and others:
A bill to amend Code Chapter 92-49, relating to the duties of the tax collector, as amended, so as to delete the requirement as to when coun ties having a population of 30,000 or more shall make settlements of amounts due the State.

HB 412. By Representative Dixon of the 151st:
A bill to provide that each of the counties comprising the Waycross Judicial Circuit shall supplement the salary of the assistant district attorney of said circuit in the amount of $50.00 per month; to provide an effective date.

HB 576. By Representative Ham of the 80th:
A bill to provide for the transfer of the jurisdiction of certain cases from the Court of Appeals to the Supreme Court and for the transfer of the jurisdiction of certain cases from the Supreme Court to the Court of Appeals.
HB 645. By Representative Ross of the 76th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to authorize the State Board of Education to use certain nonteaching personnel interchangeably in the allotment of funds.
HB 746. By Representatives Dixon of the 151st, Thompson of the 93rd and Phillips of the 120th:
A bill to amend Code Title 58 relative to intoxicating liquors, as amended, so as to add thereto a new Code Chapter 58-8 relating to wine taxation; to comprehensively and exhaustively revise, supersede and consolidate laws relating to the collecting and administration of wine taxes.
HB 759. By Representative Gignilliat of the 122nd:
A bill to amend an Act creating the Georgia Higher Education As sistance Corporation, as amended, so as to change provisions relative to loan amounts.

MONDAY, FEBRUARY 28, 1977

1383

HB 767. By Representative Evans of the 84th:
A bill to amend an Act creating a Dept. of Public Safety for Georgia, as amended, so as to provide that officers of the Department of Public Safety may render assistance to local authorities upon request of any district attorney; to provide an effective date.

HB 867. By Representatives Ham of the 80th, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend an Act comprehensively revising appellate and other posttrial procedures, as amended, so as to provide the circumstances and the procedures for the granting of bail in criminal cases.

HB 904. By Representatives Crosby of the 150th, Dixon of the 151st, Foster and Wheeler of the 152nd and others:
A bill to amend an Act providing that the owner of a beehive shall have the right to destroy bears under certain conditions so as to change the provisions relative to protective devices for beehives and notice to the Department of Natural Resources.

HB 999. By Representative Marcus of the 26th:
A bill to amend an Act known as the "Children and Youth Act", as amended, so as to require the immunization of children as a prerequisite to their admission to day-care centers; to require a child's parent or guardian to furnish the day-care center with a certificate of such im munization.

HB 1045. By Representative Knight of the 67th:
A bill to amend an Act known as the "Development Authorities Law", as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain industrial enterprises, expand local credit and capital, and reduce unemployment.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 597. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the registration of exempt peace officers; to provide for the continuation of such exemption.

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

HB 619. By Representatives Bray of the 70th, Karrh of the 106th, Walker of the 115th and others:
A bill to amend Code Chapter 108-6 relating to trusts, as amended, so as to add new Code Section 108-6 10 providing for the merger of a trust created under Code Chapter 108-6 into a domestic corporation and specifying certain procedures for such merger.

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

SB 178. By Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount by which the jurisdiction of the court is limited with respect to cases involving injury to the person; to provide for the creation of a dead docket for said court.

The House has passed by the requisite constitutional majority the following bills of the House:
HB 458. By Representatives Wood of the 9th, Hays of the 1st, Wall of the 61st and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951" so as to provide that no marine rescue squadron sponsored by and operating under the direction and control of the sheriff of the superior court of the county of residence of said squadron, and which performs only water or boat rescue missions within the State of Ga., shall be deemed to be a governmental rescue organization which qualifies for exemption from the licensing requirements of said Act.

HB 808. By Representative Childs of the 51st:
A bill to amend an Act creating the State Board of Pardons and Paroles and providing for the appointment, terms of office, compensation and powers and duties of the State Board of Pardons and Paroles, as amended.
HB 826. By Representatives Tucker of the 73rd and Carnes of the 43rd:
A bill to amend Code Section 114-616, relating to compliance, inspection and penalties, so as to change the penalty provisions.

HB 848. By Representative Greer of the 43rd:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, so as to provide that the

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1385

Chairman of the Board of the Directors of the Authority shall receive compensation of $7,000 per year for the performance of duties as chair man in addition to compensation as a regular Board member, beginning as of Jan. 1, 1977.

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

HR 118. By Representatives Smyre of the 92nd, Snow of the 1st, Hatcher of the 131st and others:
A resolution creating the Compensation to Victims of Crime Study Committee.
HR 276. 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 Chatham Service Corp., a Georgia corporation, its successors and assigns, an irrevocable easement over, under, across and through certain property owned or claimed by the state of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair and replacement of berthing, docking and storage facilities and improve ments.
The House has passed by the requisite constitutional majority the following bills of the House:

HB 122. By Representatives Richardson of the 52nd, Lenderman of the 53rd, Hawkins of the 50th and others:
A bill to amend an Act providing for the creation and establishment of a Department of Labor approved Mar. 25, 1937, as amended, so as to provide for an annual report and recommendation as to legislation needed by the Commissioner of Labor.

HB 265. By Representative Phillips of the 59th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved Mar. 7, 1961, as amended, so as to change the pro visions relative to bonds.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 297. By Representatives Williamson of the 45th, Milford of the 13th, Daugherty of the 33rd and others:
A bill to amend an Act commonly known and referred to as the "Intangible Property Tax Act of 1953" approved Dec. 22, 1953, as

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amended, so as to remove the maximum amount of intangible property tax payable with respect to any single long-term note secured by real estate.
Senate Sponsor: Senator Banks of the 17th.

The Senate Committee on Banking, Finance and Insurance offered the fol lowing substitute to HB 297:
A BILL
To be entitled an Act to amend an Act commonly known and referred to as the "Intangible Property Tax Act of 1953", approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 379), as amended, so as to remove the maximum amount of intangible property tax payable with respect to any single long-term note secured by real estate; to re move the provisions relating to legal notice; to provide that any instru ment actually recorded by the clerk of the court shall constitute legal notice of the interest and title of the holder thereof even if the intangibles tax, interest and penalty have not been paid; to provide that the holder of a previously recorded instrument secured by real estate which re quires no further recordation may alternatively elect to execute a sworn affidavit containing certain required information in lieu of recording a new or amended security instrument; to provide that the holder of any previously recorded instrument shall present such sworn affidavit to the tax officials who shall collect from the holder the tax due thereon and enter upon or attach to such affidavit the required certification which shall evidence the payment of the required tax with respect to such new note or modification; to increase the interest when the tax is not paid; to increase the penalty for failure to pay the tax; to exempt instruments acquired at a time when the holder was not subject to the payment of the tax; to provide that no tax shall be required where such original note or the holder thereof was exempt from the tax by virtue of any other provision of law; to delete the provisions providing for the taxation of long-term notes secured by real estate if such obligations are not otherwise taxed; to provide that a failure by the State Revenue Commissioner to grant or deny the taxpayer's claim shall not constitute a constructive denial of said claim; 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 commonly known and referred to as the "In tangible Property Tax Act of 1953", approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 379), as amended, is hereby amended by striking Section 4 of Part I in its entirety and inserting in lieu thereof a new Section 4 of Part I, to read as follows:
"Section 4. Every holder of long term notes secured by real estate shall, within ninety (90) days from the date of the instru ment executed to secure the same, record such security instrument in the county in which is situated the real estate conveyed or en cumbered or upon which a lien is created to secure such note or notes,

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and shall, prior to presenting such instrument to the clerk of the court for recording, present such security instrument to the tax col lector or tax commissioner or his deputy of the county in which the real estate is situated who shall determine from the face of the security instrument the date of execution, the maturity date of the note and the principal amount thereof, and shall collect from the holder of such long term note a tax measured by the amount of the debt as evidenced in the security instrument at the rate of one dollar and fifty cents ($1.50) for each five hundred ($500.00) dollars or fraction thereof of the face amount of the note or notes secured by such instrument.

Section 2. Said Act is further amended by striking Section 5 of Part I in its entirety and inserting in lieu thereof a new Section 5 of Part I, to read as follows:
"Section 5. (a) Upon payment of the correct tax as disclosed from the information recited on the face of the security instru ment, the tax collector or tax commissioner or his deputy shall enter upon or attach to such security instrument a certification of the fact that the intangible tax as provided by section 4, Part I of this Act has been paid, the date and the amount thereof, and shall be signed by the tax collector or tax commissioner or his deputy. The holder of such a long-term note upon which the tax has been paid as provided by this Act may then present the security instrument, together with the certificate, to the clerk of the superior court of the county in which the real estate is situated who shall then be permitted to file the security instrument for record. It is the inten tion of the General Assembly of Georgia that this intangible tax herein levied imposed by section 4, Part I of this Act shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the real estate instrument securing said note with the clerk of the court, and that the clerk of the court shall not be permitted to file for record such an instrument unless the security instrument discloses on its face the principal amount of the note, the date executed and the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that this tax has been paid upon such note; provided, however, any instrument otherwise in a form sufficient for recordation and actually recorded by the clerk of the court shall constitute legal notice of the interest and title of the holder thereof in and to the real estate which, under that instrument, secures a long-term note or notes, even if the intangibles tax, interest (if any) and penalty (if any) required hereunder have not been paid. The certificate entered upon or attached to the security instrument shall be recorded with the security instrument and shall be in such form as the State Revenue Commissioner may require, but in any event shall bear the signature of the tax collector or tax commissioner or his deputy.

(b) In the case of a new note or modification of a preexisting note, which new note or modification is taxable under the provisions of Section 4 of this Part and is secured by a previously recorded instrument which requires no further recordation, the holder there of, in lieu of recording a new or amended instrument as provided for in subsection (a) of this Section, may alternatively elect to

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execute a sworn affidavit in such form as may be required by the State Revenue Commissioner, setting forth the information re quired by Section 6 of this Part. The holder of the note shall present such sworn affidavit to the tax collector, tax commissioner or his deputy of the county in which the real estate is situated, who shall collect from the holder the tax due under Section 4 of this Part, and upon payment thereof shall enter upon or attach to such affidavit the certification provided for in subsection (a) of this Section, which shall evidence the payment of the required tax with respect to such new note or modification."

Section 3. Said Act is further amended by striking Section 11 of Part I in its entirety and inserting in lieu thereof a new Section 11 of Part I, to read as follows:

"Section 11. Failure to pay the tax levied by this Act shall constitute a bar to the collection of the indebtedness secured by any instrument required by this Act to be recorded, by suit, foreclosure, the exercise of any power of sale, or otherwise, whether such instru ment be held by an original party thereto or a transferee. Such bar may be removed by the payment of the tax required hereunder, plus interest at nine percent (9%) per annum from the time said tax was due, and plus a penalty of fifty percent (50%) of the amount of the tax. Provided, however, that failure to pay said tax shall not constitute such a bar to the collection of the indebtedness, as described above, where the State Revenue Commissioner has determined that such tax is not payable. Provided, further, that the State Revenue Commissioner may waive such penalty if he deter mines that the failure to pay the tax was through ignorance of the law, or inadvertence, and not in bad faith. Provided, further, that this section shall not apply to instruments acquired prior to January 1, 1954, nor shall this Section apply to instruments ac quired at a time when the holder of such note and instrument was otherwise exempt from the payment of the tax imposed by this law."
Section 4. Said Act is further amended by striking Section 11A of Part I in its entirety and inserting in lieu thereof a new Section HA of Part I, to read as follows:
"Section HA. The State Revenue Commissioner, upon his own motion or upon the written request of one or more holders of notes secured by real estate instruments, will render publicly and in writ ing his determination whether the recording tax provided in this Act is payable with respect to a particularly described real estate instrument or class of real estate instruments or modifications of such instruments. Such determination may be in the form of administrative regulations if applicable to a class of real estate instruments. A copy of all such determinations shall be retained in the files of the State Revenue Department as a permanent and public record. Nonpayment of the tax provided for herein with respect to a real estate instrument filed for record, in reliance upon a deter mination rendered by the State Revenue Commissioner pursuant to this Section, shall not constitute a bar to the collection of the in debtedness as provided in Section 11 of this Act."

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9-

Section 5. Said Act is further amended by striking Section 15 of Part I in its entirety and inserting in lieu thereof a new Section 15 of Part I, to read as follows:

"Section 15. No additional tax hereunder shall be required on account of any instrument which is an extension, transfer, assign ment, modification or renewal of, or which only adds additional security for, any original indebtedness or part thereof, secured by an instrument subject to the tax imposed by Section 4 hereof, where it is made to affirmatively appear that the tax as provided by this Act has been paid on the original security instrument heretofore recorded, or where such original note or the holder thereof was exempt from the tax provided for in Section 4 of Part I of this Act by virtue of any other provision of law."

Section 6. Said Act is further amended by striking Section 18 of Part I, which reads as follows:
"Section 18. Notwithstanding any other provision of this Act to the contrary, it is the intention of the General Assembly of Georgia that long term notes secured by real estate shall be taxed. If for any reason any such obligation does not have placed thereon the stamp provided by this Act and the tax paid as provided by this Act, then such obligation shall be taxed per annum at the rate of $3.00 on each $1,000 of the fair market value thereof.",
in its entirety.
Section 7. Said Act is further amended by striking Section 20 of Part I in its entirety and inserting in lieu thereof a new Section 20 of Part I, to read as follows:
"Section 20. (a) If a taxpayer from whom the tax collector or tax commissioner of a county, or his deputy, collects an amount claimed to be due under Section 4 of Part I of this Act, as an in tangible tax on a long-term note secured by real estate, shall file with said tax collector or tax commissioner or deputy thereof, at the time of payment of said amount to him, a written protest in duplicate of said collection or any part thereof as erroneous or illegal, said tax collector, tax commissioner or his deputy receiving said payment under written protest shall be deemed to have made a conditional collection of the protested amount of such payment, such collection being effective to discharge any duty of the tax payer to pay the tax and to require said tax collector or tax com missioner to enter upon or attach to the instrument security the obligation upon which the amount is claimed to be due as a tax a certification, in the form prescribed in Section 5, Part I of this Act, of the fact that the intangible tax as provided by Section 4, Part I of this has been paid, but such collection being subject to the conditions hereinafter set forth as to refund upon determination by the State Revenue Commissioner or by final judgment in a refund suit that such collection was erroneous or illegal.
(b) A county tax collector or tax commissioner or deputy

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thereof receiving such a payment under written protest shall deposit the protested amount of such payment in a separate account in a bank approved as a depositor for State funds, shall hold same as a special escrow fund for the purposes hereinafter provided, and except as hereinafter provided shall not make distribution of such amount under the provisions of Section 17 of Part I of this Act or retain therefrom or pay into the county treasury any amount as a commission under Section 8 of Part I of this Act. Immediately upon receiving such a payment under written protest, said county tax collector or tax commissioner or deputy thereof shall forward to the State Revenue Commissioner one executed copy of said protest.

(c) The taxpayer making such a payment under written protest may, at any time within thirty days after the date of such payment, file a claim for refund of the protested amount thereof with the State Revenue Commissioner, which claim shall be in writing and shall be in such form and contain such information as said Commissioner may require and shall include a summary state ment of the grounds upon which the taxpayer relies in contending that the collection of said amount was erroneous or illegal, and a copy of which claim shall be filed by the taxpayer within said thirty-day period with the county tax collector or tax commissioner or deputy thereof who collected such amount (or his successor).
(d) The State Revenue Commissioner or his delegate shall con sider said claim for refund and shall approve or deny it and notify such taxpayer and the county tax collector or tax commissioner or deputy thereof who collected the protested amount (or his suc cessor) of such action. If the State Revenue Commissioner or his delegate approves the claim in whole or in part, said county tax collector or tax commissioner or deputy thereof (or his successor) shall forthwith pay to said taxpayer the amount so approved, with out interest, from the special escrow fund held by him as herein before provided, and no appropriation or further authorization shall be necessary to authorize and require such payment to the taxpayer from such special escrow fund.

(e) Any taxpayer whose claim for refund is denied entirely or in part by the State Revenue Commissioner or his delegate, or with respect to whose claim no decision is rendered by said Com missioner or his delegate within thirty days from the date of filing
said claim, shall have the right to bring suit for refund of the amount so claimed and not approved against the county tax collector or tax commissioner or deputy thereof who collected said amount (or his successor), in his official capacity, in the superior court of the county whose official collected said amount; provided, however, that no suit for refund shall be brought hereunder after the expira
tion of sixty days from the date of denial by the State Revenue Com missioner of the taxpayer's claim for refund. For the purposes of this Section, a failure by the State Revenue Commissioner to grant or deny the taxpayer's claim for refund within the aforesaid 30-day period shall not constitute a constructive denial of said claim.

(f) The State Revenue Commissioner in his official capacity shall be made a party defendant to such suit in order that the

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interests of the State of Georgia may be represented therein, and the Attorney General shall represent the defendants in such suit. If it is determined in such suit that an amount claimed by the tax payer therein was erroneously or illegally collected from the tax payer, the taxpayer shall be entitled to judgment against the defendant county tax official in his official capacity for such amount, without interest to the date of judgment. Court costs taxed against the defendant in such a suit and any interest payable on a judgment in favor of the taxpayer in such a suit for a period be fore the judgment becomes final shall be paid by the State Revenue Commissioner as part of the expenses of administering this Act. The principal amount of a final judgment in favor of the taxpayer in such a suit, exclusive of costs of court, shall be paid forthwith to the taxpayer by the defendant county tax official from the aforesaid special escrow fund, and no appropriation or further authorization shall be necessary to authorize and require such payment of a judg ment from such special escrow fund.

(g) Upon expiration of the period for filing a claim for re fund of a protested payment without any claim being filed, or upon expiration of the period for filing suit for refund of a protested payment without any suit being filed, or upon dismissal of such suit by the taxpayer, or upon final judgment therein, whichever occurs sooner, the county tax collector or tax commissioner or deputy thereof holding such protested amount in a special escrow fund shall retain from that portion of such amount which is not payable to the protesting taxpayer in accordance with the provisions of this Section or pay into the county treasury, as provided in Sec tion 8 of Part I of this Act, the percentage of such portion which is allowed by said Section 8 of Part I of this Act as compensation for his services in collecting the tax, and the balance of such portion shall be distributed as provided in Section 17 of Part I of this Act with respect to revenues derived, for the year during which amount was paid by the taxpayer, from the tax imposed by Sections 3 through 16 of Part I of this Act."

Section 8. This Act shall become effective on May 1, 1977.

Section 9. 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 Banking, Fi nance and Insurance to HB 297 by inserting the following sentence at the end of Section 4:
"Provided, however, that the maximum amount of any such intangible property tax payable with respect to any single note when the security instrument is so recorded shall be twenty-five thousand ($25,000.00) dollars tax."

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On the adoption of the amendment, the yeas were 33, nays 4, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 35, 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:

Allgood Banks Barker Barnes Bell Brantley Broun of 46th Carter Dean of 31st Doss Duncan Eldridge English Evans Fincher Foster Gillis

Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard

Brown of 47th

Those not voting were Senators:

Bond

Coverdell

Dean of 6th Summers

On the passage of the bill, the yeas were 50, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 406. By Representative Carnes of the 43rd: A bill to amend Code Chapter 67-20, relating to mechanics' and materialmen's liens, as amended, so as to clarify the recordation of such liens;

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1393

to provide for notice of commencement of legal actions on claims of liens.
Senate Sponsor: Senator Banks of the 17th.

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell

Duncan Hudgins

Pearce Summers

On the passage of the bill, the yeas were 50, nays 0.

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

HB 513. By Representatives Isakson and Nix of the 20th, and Burruss of the 21st:
A bill to amend Code Section 84-1421, relating to unfair practices under provisions respecting real estate brokers and salesmen, as amended, so as to provide that payments to the estate or heirs of a deceased real estate broker, associate broker or real estate salesperson shall not be construed to be an unfair practice.
Senate Sponsor: Senator Barnes of the 33rd.

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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:

Allgood Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Gillis Greene Hill Holloway Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley Robinson

Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Barker Bond Duncan

Foster Howard Hudgins

Langford Pearce Summers

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 action thereto:
SB 4. By Senators Starr of the 44th, Robinson of the 27th, Foster of the 50th and others: A bill to provide for the review, continuation, reestablishment or termination of certain regulatory agencies of the executive branch of the State government; to provide for a short title; to provide for a definition.
The House substitute was as follows:
A BILL
To be entitled an Act to provide for the review, continuation, reestablishment or termination of certain regulatory agencies of the

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1395

executive branch of the State government; to provide for a short title; to provide for a definition; to provide for procedures and requirements; 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 GEOR GIA:

Section 1. Short Title. This Act shall be known and may be cited as "The Act Providing for the Review, Continuation, reestablishment or Termination of Regulatory Agencies."

Section 2. Findings and Purpose. The General Assembly finds that the need for and the effectiveness of many regulatory agencies which have been created in the State of Georgia have not been systematically evaluated. It is the purpose of this Act to establish a procedure for the systematic review of regulatory agencies to the end that those which
do not serve the public interest shall be terminated and that others which do serve a public need shall be continued or modified to increase their effectiveness and efficiency.

Section 3. Regulatory Agency Defined. As used in this Act, unless the context clearly requires otherwise, "regulatory agency" means any agency specified in Section 7 of this Act and any department, division, board, bureau, commission or other agency of the executive branch of the State government created by law after January 1, 1977, which is created for the purpose of licensing or otherwise regulating or con trolling any profession, business or trade.

Section 4. Legislative Review, (a) Prior to termination, continua tion or reestablishment of any regulatory agency, the appropriate stand ing committee of each house of the General Assembly, as determined by the respective presiding officers of such houses, shall hold public hear ings to receive testimony from the public and from the officials of the regulatory agency involved relative to the need for and the effectiveness
and efficiency of the regulatory agency; and at such hearings, the regulatory agency shall have the burden of demonstrating a public need for its continued existence.

(b) The determination as to whether a regulatory agency has demonstrated a public need for its continued existence shall take into consideration, among others, the following factors:

(1) whether the absence of regulation would significantly harm, affect or endanger the public health, safety or welfare;

(2) whether there is a less restrictive method of regulation available which would adequately protect the public;

(3) the extent to which the regulatory agency has permitted qualified applicants to serve the public;

(4) the extent to which affirmative action requirements of

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State and federal statutes and constitutions have been complied with by the regulatory agency or the profession, business or trade it regulates;
(5) the extent to which the regulatory agency has operated in the public interest and the extent to which its operation has been impeded or enhanced by existing statutes, procedures, practices and rules and regulations, and any other circumstances, including budgetary, resource and personnel matters;

(6) the extent to which the regulatory agency has recom mended statutory changes to the General Assembly which would benefit the public as opposed to the persons it regulates;

(7) the extent to which the regulatory agency has required the persons it regulates to report to it concerning the impact of rules and decisions of the regulatory agency on the public regarding im proved service, economy of service and availability of service;
(8) the extent to which persons regulated by the regulatory agency have been required to assess problems in their profession, business or trade which affect the public;
(9) the extent to which the regulatory agency has encouraged participation by the public in making its rules and decisions as op posed to participation solely by the persons it regulates;
(10) the efficiency with which formal public complaints filed with the regulatory agency concerning persons subject to regulation have been processed to completion by the regulatory agency; and
(11) the extent to which changes are necessary in the enabling laws of the regulatory agency to adequately comply with the factors listed in this subsection.
Section 5. Performance Audit. The Legislative Services Committee shall cause the State Auditor to conduct a performance audit of each regulatory agency scheduled for termination in accordance with Section 7 of this Act. The performance audit shall be completed by the first day of January immediately preceding the date established for termina tion of the regulatory agency and presented to the appropriate standing committee of each house of the General Assembly to which the review of the regulatory agency scheduled for termination has been assigned.

Section 6. Conforming Laws to Termination, Continuation or Reestablishment; Reports, (a) If the legislative review process required by Section 4 of this Act results with a determination that:

(1) the regulatory agency involved shall be allowed to termi nate as scheduled, then the committees completing the review shall have prepared proposed legislation which may be necessary, if any, to conform related laws to the termination of the regulatory agency; or

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1397

(2) the regulatory agency involved shall be continued or re established, then the committees completing the review shall have prepared proposed legislation necessary to accomplish such continua tion or reestablishment, and a separate bill shall be prepared for each regulatory agency continued or reestablished.

(b) The committees completing the legislative review required by Section 4 of this Act shall issue a report of their findings and recom mendations to the Governor, to the regulatory agency involved and to each member of the General Assembly. Such report shall include as an attachment thereto copies of any proposed legislation prepared pursuant to the requirements of subsection (a) of this Section.

Section 7. Termination of Regulatory Agencies, (a) Unless re established or continued in accordance with the provisions of Section 9 of this Act, the following regulatory agencies shall be terminated on July 1, 1978, and the laws relating to such agencies, as indicated below, shall be repealed in their entirety effective on the date specified in Section 8 of this Act.

(1) The Georgia Auctioneers Commission. Code Chapter 84-3A, relative to auctioneers and apprentice auctioneers.

(2) The State Board of Geologists Examiners. Code Chapter 84-21A, known as the "Registration of Geologists Act of 1975", as amended.

(3) The Employment Agency Advisory Council. An Act known as the "Private Employment Agencies Act", approved March 21, 1974 (Ga. Laws 1974, p. 567).

(4) The State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators. An Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", approved April 8, 1969 (Ga. Laws 1969, p. 272), as amended.

An Act amending an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", approved April 24, 1975 (Ga. Laws 1975, p. 1074).

(5) The Board of Hearing Aid Dealers and Dispensers. An Act known as the "Georgia State Hearing Aid Dealers and Dispensers Act", approved March 24, 1970 (Ga. Laws 1970, p. 653).

(6) The State Building Administrative Board. An Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. Laws 1969, p. 546), as amended.

(7) The Georgia Franchise Practices Commission. Code Chapter 84-66, known as the Motor Vehicle, Farm Machinery and Construc tion Equipment Franchise Practices Act (Ga. Laws 1976, p. 1440).

(8) The State Board of Examiners of Speech Pathology and

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Audiology. An Act known as the "Georgia State Speech Pathology and Audiology Act", approved March 26, 1974 (Ga. Laws 1974, p. 1009), as amended.

(9) The Georgia Board of Occupational Therapy. An Act known as the "Georgia State Occupational Therapy Licensing Act", approved March 31, 1976 (Ga. Laws 1976, p. 993).

(10) The State Board of Registration for Professional Soil Classifiers. An Act regulating professional soil classifying, ap proved April 7, 1976 (Ga. Laws 1976, p. 1654).

(b) Unless reestablished or continued in accordance with the pro visions of Section 9 of this Act, the following regulatory agencies shall be terminated on July 1, 1980, and the laws relating to such agencies, as indicated below, shall be repealed in their entirety effective on the date specified in Section 8 of this Act.

(1) The Georgia State Board of Electrical Contractors. An Act known as the "Georgia Electrical Contractors Act", approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended.

(2) The Georgia Board of Private Detective and Security Agencies. An Act known as the "Georgia Private Detective and Private Security Agencies Act", approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended.

(3) The Georgia Marriage and Family Counselor Licensing Board. An Act known as the "Marriage and Family Counselor Li censing Act", approved March 24, 1976 (Ga. Laws 1976, p. 659).

(4) The Board of Recreation Examiners of the State of Geor gia. An Act creating the Board of Recreation Examiners of the State of Georgia, approved March 8, 1968 (Ga. Laws 1968, p. 137), as amended.

(5) Georgia State Board of Funeral Service. An Act creating and establishing a Board of Funeral Service, approved February 13, 1950 (Ga. Laws 1950, p. 238), as amended.

An Act requiring county boards of health to inspect funeral establishments, approved March 17, 1959 (Ga. Laws 1959, p. 359).

(6) The Georgia State Board of Physical Therapy. An Act known as the "Georgia Physical Therapy Act", approved March 21, 1972 (Ga. Laws 1972, p. 388).

(7) The State Board of Examiners of Psychologists. An Act making provision for licensure of applied psychologists through a State Board of Examiners of Psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended.

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(8) The Structural Pest Control Commission. An Act known as the "Structural Pest Control Act", approved March 7, 1955 (Ga. Laws 1955, p. 564), as amended.

(9) The State Board of Dispensing Opticians. An Act creating the State Board of Dispensing Opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), as amended.

(10) The State Board of Examiners of Registered Professional Sanitarians. An Act regulating the practice of professional sani tarians, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended.
(11) The State Board of Warm Air Heating Contractors. An Act regulating the installation of warm air heating equipment, ap proved February 25, 1949 (Ga. Laws 1949, p. 1622), as amended.

(12) The State Board of Registration of Used Car Dealers. An Act known as the "Used Car Dealers' Registration Act", ap proved February 20, 1958 (Ga. Laws 1958, p. 55), as amended.

(13) The Georgia State Board of Landscape Architects. Code Chapter 84-40, relative to landscape architects (Ga. Laws 1976, p. 1730).
(14) The Georgia State Board of Cosmetology. An Act reg ulating the occupation of cosmetology, approved March 11, 1963 (Ga. Laws 1963, p. 45), as amended.
(15) The State Board of Registration for Dealers in Used Motor Vehicle Parts. An Act known as the "Dealers in Used Motor Vehicle Parts Registration Act", approved March 14, 1966 (Ga. Laws 1966, p. 471), as amended.
(16) The State Board of Examiners of Plumbing Contractors. An Act creating the State Board of Examiners of Plumbing Con tractors, approved March 15, 1968 (Ga. Laws 1968, p. 308), as amended.
(17) The Georgia State Board of Nursing Home Administra tors. An Act relating to nursing homes and personal care homes, approved April 8, 1968 (Ga. Laws 1968, p. 1143), as amended.

(c) Unless reestablished or continued in accordance with the pro visions of Section 9 of this Act, the following regulatory agencies shall be terminated on July 1, 1982, and the laws relating to such agencies, as indicated below, shall be repealed in their entirety effective on the date specified in Section 8 of this Act.

(1) The Board of Polygraph Examiners. An Act known as the "Georgia Polygraph Examiners Act", approved April 9, 1968 (Ga. Laws 1968, p. 1217), as amended.

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(2) The State Board of Registration for Foresters. An Act creating the State Board of Registration for Foresters, approved February 21, 1951 (Ga. Laws 1951, p. 581), as amended.

(3) The Board of Practical Nurse Examiners of Georgia. An Act providing for the licensing of practical nurses, approved March 2, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 333), as amended.

(4) The State Board of Accountancy. Code Chapter 84-2, rela tive to accountants, as amended.

Code Section 84-9902, relative to penalties for violating Chap ter 84-2, relating to certified public accountants, as amended.

(5) The State Board for Examination, Qualification and Regis tration of Architects. Code Chapter 84-3, relative to architects, as amended.
Code Section 84-9903, relative to the penalty for practicing as an architect without compliance with Chapter 84-3; false oaths and injunctions, as amended.

(6) The Georgia State Board of Barbers. An Act known as the "Georgia Barber Act", approved April 19, 1973 (Ga. Laws 1973, p. 1450).

(7) The Georgia Board of Chiropractic Examiners. Code Chap ter 84-5, relative to chiropractors, as amended.

Code Section 84-9905, relative to the penalty for practicing chiropractic without a license.

(8) The State Board of Podiatry Examiners. Code Chapter 84-6, relative to podiatry or chiropody, as amended.

Code Section 84-9906, relative to the penalty for practicing podiatry without a license, as amended.

(9) The Board of Dental Examiners of Georgia. Code Chapter 84-7, relative to dentists and dental hygienists, as amended.

Code Section 84-9907, relative to the penalty for practicing dentistry under another's license.

Code Section 84-9909, relative to the penalty for practicing dentistry without a license.

Code Section 84-9911, relative to the burden of proof as to authority to practice dentistry.

(10) The Composite State Board of Medical Examiners. Code Chapter 84-9, relative to medical practitioners, as amended.

MONDAY, FEBRUARY 28, 1977

1401

An Act to prohibit the issuance of licenses to practice medicine or pharmacy to any person who is not a citizen of the United States, approved March 23, 1939 (Ga. Laws 1939, p. 319), as amended.
An Act known as the "Physician's Assistant Act", approved March 31, 1972 (Ga. Laws 1972, p. 676).
An Act known as the "Orthotists Practice Act", approved March 31, 1976 (Ga. Laws 1976, p. 1349).

Code Section 84-9914, relative to practicing medicine illegally, as amended.

Code Section 84-9918, relative to fraudulently buying, selling or obtaining a license to practice osteopathy.

Code Section 84-9919, relative to the illegal practice of osteo pathy.

(11) The Georgia Board of Nursing. Code Chapter 84-10, relative to nurses, as amended.
An Act providing for the participation of nurse anesthetists in the administration of anesthesia, approved April 12, 1973 (Ga. Laws 1973, p. 433), as amended.

Code Section 84-9915, relative to the penalties for violating Chapter 84-10, relating to the practice of nursing, as amended.

(12) The Board of Examiners in Optometry. Code Chapter 8411, relative to optometrists, as amended.

Code Section 84-9917, relative to the penalty for practicing optometry without a license.
(13) The Georgia State Board of Pharmacy. Code Chapter 79A-2, relative to the Georgia State Board of Pharmacy, as amended.

(14) The Georgia Real Estate Commission. Code Chapter 8414, relative to real estate brokers and salesmen, as amended.

Section 2 of an Act amending Code Title 84, relative to profes sions, businesses and trades, so as to comprehensively revise the laws relative to real estate brokers and salesmen, approved March 16, 1973 (Ga. Laws 1973, p. 100).

Code Section 84-9922, relative to refusal to testify or produce evidence before the Real Estate Commission.

(15) The State Board of Veterinary Medicine. Code Chapter 84-15, known as the Georgia Veterinary Practice Act, as amended.

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(16) The State Board of Registration for Professional En gineers and Land Surveyors. Code Chapter 84-21, relative to profes sional engineers and land surveyors.

(17) The State Board for the Certification of Librarians. An Act establishing a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. Laws 1937, p. 245).

Section 8. Termination Period for Agencies. Upon its termination as provided by Section 7 of this Act, each regulatory agency shall con tinue in existence until July 1 of the next succeeding year for the pur pose of concluding its affairs and activities. During that termination period, the powers or authority of the regulatory agency terminated shall not be reduced or otherwise limited. The laws relative to such regulatory agency shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to each respective terminated regulatory agency shall stand repealed in their entirety. During the termination period, the regulatory agency shall not issue any new licenses nor renew any licenses, nor collect any license fees which were not due and payable prior to the date of termination of the agency.

Section 9. Continuation or Reestablishment. (a) Any regulatory agency may be continued or reestablished by the General Assembly for a period not to exceed six years.

(b) Any regulatory agency created after January 1, 1977, shall continue in existence for not more than six years from the effective date of its establishment unless the Act creating such agency specifically provides that such agency shall not be subject to the provisions of this Act.

Section 10. Rights and Claims Protected. The termination of a regulatory agency pursuant to the provisions of this Act shall not cause the dismissal of any claim or right of any citizen against any regulatory agency or any claim or right of a regulatory agency ter minated pursuant to this Act which is subject to litigation. Unless other wise provided by legislation adopted pursuant to paragraph (1) of sub
section (a) of Section 6 of this Act, such claims and rights shall be as
sumed by the Joint Secretary, State Examining Boards, until their final
disposition.

Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Robinson of the 27th moved that the Senate agree to the House substitute to SB 4.

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

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1403

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English Evans Fincher

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Coverdell

Duncan Pearce

Reynolds Summers

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 4.
The following bill of the House was taken up for the purpose of appointing a Second Conference Committee thereon:
HB 410. By Representative Lane of the 40th: A'bill to be entitled an Act to provide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Commissioner of licenses required for the operation of nonprofit bingo games.
Senator Scott of the 43rd moved that a Second Conference Committee on HB 410 be appointed.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Presi dent appointed, as a Second Conference Committee on the part of the Senate, the following:
Senators Scott of the 43rd, Gillis of the 20th and Foster of the 50th.
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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HB 572. By Representatives Hatcher of the 131st, McCollum of the 134th, Hutchinson of the 133rd and White of the 132nd:
A bill to amend an Act to create a new judicial circuit for the State of Georgia, to be known as the Dougherty Judicial Circuit, approved May 22, 1964, as amended, so as to provide certain authority for and duties of investigators appointed by, and serving at the direction of, the Dis trict Attorney of the circuit.
Senate Sponsor: Senator Holloway of the 12th.

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Cover dell Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Bond Duncan Hudgins

Pearce Scott (excused conferee)

Summers

On the passage of the bill, the yeas were 50, nays 0.

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

HB 702. By Representatives Wood, Whitmire and Jackson of the 9th and others:
A bill to amend an Act creating the Georgia Higher Education As sistance Authority, as amended, so as to authorize and direct the Authority to establish and administer a program of student loans to

MONDAY, FEBRUARY 28, 1977

1405

eligible members of the Ga. National Guard. Senate Sponsor: Senator Russell of the 10th.

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:

Allgood Ballard Banks Barker Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge English Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby

Paulk Pearce Reynolds Riley Russell Scott Shapard Stephens Stumbaugh Tate Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Bell

Sutton

Thompson

Those not voting were Senators:

Bond Duncan

Robinson Starr

Summers

On the passage of the bill, the yeas were 48, nays 3.

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

HR 114. By Representatives Jones of the 126th, Triplett of the 128th, 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 Swift Agricultural Chemicals Corp., a Delaware corporation, and Colonial Land Co., a Ga. corporation, as their interests may appear, their successors and as signs, an irrevocable easement, over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Ga.
Senate Sponsor: Senator Wessels of the 2nd.

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The Senate Committee on Public Utilities offered the following amendment:

Amend HR 114 on Page 3, line 4, after the words "sum of" by changing the figure "$100.00" to read "$1000.00",

and

By deleting on Page 4, lines 8, 12 and 17, the word "mean".

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

The Senate Committee on Public Utilities offered the following amendment:
Amend HR 114 by adding on Page 3, line 28, after the word "force" the following:
"; and subject to other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia".

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 adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Bell Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss Duncan
Eldridge English Pincher

Foster Gillis Greene
Hill Holloway Howard Hudson Johnson Kennedy Kidd Langford
Lester McGill Overby Paulk Pearce Reynolds

Riley Russell Scott Shapard
Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

MONDAY, FEBRUARY 28, 1977

1407

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Bond Evans

Hudgins Robinson

Summers

On the adoption of the resolution, the yeas were 50, nays 1.

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

HR 116. By Representatives Butler of the 56th, Pilewicz of the 41st, Karrh of the 106th and others: A resolution creating the Justice of the Peace Study Committee.
Senate Sponsor: Senator Greene of the 26th.

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 follows:

Those voting in the affirmative were Senators:

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

Fincher Foster Gillis Greene Holloway Howard Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Evans

Hill Hudgins

Summers

On the adoption of the resolution, the yeas were 51, nays 0.

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

SR 127. By Senators Eldridge of the 7th, Riley of the 1st and Holloway of the 12th:
A RESOLUTION
Amending the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that Rule 119 is hereby amended by striking on line 6 the words and figures "thirty-fifth (35th)" and inserting in lieu thereof the words and figures "thirty-third (33rd)", so that when so amended the Rule will read as follows:
"Rule 119. Any bill or resolution shall be automatically passed to a second reading on the legislative day following that day the bill or resolution shall be reported by the committee to which it was referred. Except that after the thirty-third (33rd) day of any regular session, every bill and resolution shall be read a second time on the same legislative day that the bill or resolution is reported by the committee to which it was referred. No debate shall be admitted upon any bill at the first or second reading."

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:

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

Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

MONDAY, FEBRUARY 28, 1977

1409

Those not voting were Senators:

Bond

Evans

Summers

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

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

The following resolutions of the Senate were read and adopted:

SR 143. By Senator Ballard of the 45th: A resolution commending and congratulating Miss Ella Black.

SR 144. By Senator Ballard of the 45th: A resolution commending and congratulating Mrs. Bell Blanton.

The following resolutions of the Senate, favorably reported by the committees, were put upon their adoption:

SR 99. By Senators Tysinger of the 41st, Brown of the 47th and Reynolds of the 48th:
A resolution creating the Power Plant Siting Study Committee.

SR 115. By Senators Foster of the 50th and Gillis of the 20th:
A resolution urging the Department of Natural Resources to make a study to determine methods for the more effective control of beavers.

SR 116. By Senators Sutton of the 9th and Turner of the 8th:
A resolution urging the Department of Natural Resources and the Department of Transportation to place a historical marker in Reed Bingham State Park.

The resolutions were adopted.

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

HB 278. By Representative Nichols of the 27th: A bill to amend an Act reincorporating the City of Atlanta in the

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Counties of Fulton and DeKalb, and creating a new Charter for said City, so as to abolish the Appropriations Committee.
Referred to Committee on County and Urban Affairs.

HB 421. By Representatives Nichols of the 27th and Greer of the 43rd:
A bill to amend an Act approved Aug. 20, 1927, providing that cities having a certain population shall furnish pensions to officers and em ployees of such cities and for such other purposes set forth in the caption of said Act, as amended. Referred to Committee on County and Urban Affairs.

HB 807. By Representative Carnes of the 43rd:
A bill to amend an Act creating a system of traffic courts pursuant to the Constitution of Ga. for each city of this State having a population of more than 300,000 according to the U.S. Decennial Census of 1960 or any future such census, so as to change the provisions relating to the appointment of assistant solicitors.
Referred to Committee on County and Urban Affairs.

HB 915. By Representative Coleman of the 118th:
A bill to fix the salary of certain county officers in each county in this State having a population of not less than 15,300 and not more than 15,800 according to the U.S. Decennial Census of 1970, or any future such census; to authorize certain county officers of such counties to employ personnel and to set the salaries for such personnel.
Referred to Committee on County and Urban Affairs.

HB 972. By Representative Johnson of the 74th:
A bill to amend an Act providing for an expense allowance for the Judge of the Superior Court of the Alcovy Judicial Circuit from the funds of Newton County, so as to change the provisions relating to such expense allowance. Referred to Committee on County and Urban Affairs.

HB 979. By Representative Castleberry of the lllth:
A bill to create a new charter for the City of Lumpkin; to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections; to provide for ordinances and codes.
Referred to Committee on County and Urban Affairs.

HB 980. By Representative Castleberry of the lllth:
A bill to create a new charter for the City of Georgetown; to repeal the existing charter of said city and all amendments thereto; to provide

MONDAY, FEBRUARY 28, 1977

1411

for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elec tions.
Referred to Committee on County and Urban Affairs.

HB 981. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Webster County, as amended, so as to provide for a determination of the compensation of the commissioner's clerk. Referred to Committee on County and Urban Affairs.

HB 982. By Representative Ross of the 76th:
A bill to amend an Act placing the Clerk of the Superior Court of Warren County on an annual salary, as amended, so as to change the provisions relative to the compensation of the deputy clerk. Referred to Committee on County and Urban Affairs.

HB 983. By Representative Ross of the 76th:
A bill to amend an Act reincorporating the City of Sharon in the County of Taliaferro and providing a new charter for said city so as to change the provisions relating to the election of the mayor and councilmen; to change the provisions relating to the date of elections. Referred to Committee on County and Urban Affairs.

HB 984. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act incorporating the Town of Mountain City, as amended, so as to change the terms of office of the mayor and councilmen. Referred to Committee on County and Urban Affairs.

HB 987. By Representatives Isakson, Harrison and Nix of the 20th and others:
A bill to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, as amended, so as to change the compensation of said judge. Referred to Committee on County and Urban Affairs.

HB 989. By Representative Ramsey of the 3rd:
A bill to amend an Act creating the Commissioner of Murray County, as amended, so as to change the compensation of the commissioner; to provide an effective date. Referred to Committee on County and Urban Affairs.

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HB 990. By Representative Ramsey of the 3rd:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Murray County upon an annual salary, as amended, so as to change the compensation of said officers; to provide for longevity increases. Referred to Committee on County and Urban Affairs.

HB 991. By Representatives Johnson and Glanton of the 66th:
A bill to amend an Act incorporating the City of Temple and granting a new charter for said city, so as to change the corporate limits of the City of Temple; to provide for a referendum. Referred to Committee on County and Urban Affairs.

HB 992. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act to create a new charter for the Town of Jenkinsburg, Ga., so as to change certain provisions with respect to the salaries of the mayor, councilmen, clerk and treasurer, marshal, and chief of police. Referred to Committee on County and Urban Affairs.

HB 994. By Representative Hudson of the 137th:
A bill to create the Fitzgerald 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 purposes of the Authority. Referred to Committee on County and Urban Affairs.
HB 995. By Representatives Pinkston of the 100th, Birdsong of the 103rd, Davis of the 99th, Ham of the 80th and Home of the 104th:
A bill to provide a new charter for the City of Macon, Georgia; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the mayor and city council; to provide for administration; to provide for the municipal court of the city government. Referred to Committee on County and Urban Affairs.
HB 996. By Representative Reaves of the 147th:
A bill to amend an Act incorporating the Town of Morven in the County of Brooks, so as to change the provisions relating to the election of the mayor and councilmen. Referred to Committee on County and Urban Affairs.
HB 998. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change the corporate limits of the City. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 28, 1977

1413

HB 1001. By Representative Bray of the 70th:
A bill to create the Meriwether County Public Facilities Authority as a public corporation and an instrumentality of the State; to authorize it to hold, own and convey real and personal property and to sue and be sued; to authorize it to enter into intergovernmental contracts and contracts with private persons.
Referred to Committee on County and Urban Affairs.

HB 1003. By Representative Irvin of the 10th:
A bill to provide that the Stephens County Development Authority is authorized to issue bonds for the purpose of paying all or any part of the cost of any project consisting of the acquisition, improvement or modification of any property used as air or water pollution control facilities which any federal, State or local agency having jurisidiction in the premises shall have certified as necessary for the continued operation of the industry.
Referred to Committee on County and Urban Affairs.

HB 1004. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act providing for a board of elections in each county of this State having a population of not less than 63,000 and not more than 65,999, so as to authorize such boards to employ employees subject to the approval and confirmation of such employees by the county gov erning authority.
Referred to Committee on County and Urban Affairs.

HB 1005. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to reincorporate the City of Garfield in the County of Emanuel; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city. Referred to Committee on County and Urban Affairs.

HB 1006. By Representative Karrh of the 106th:
A bill to amend an Act placing the Clerk of the Superior Court of Jenkins County on an annual salary in lieu of the fee system of com pensation, so as to authorize the governing authority of Jenkins County to fix the compensation of the Clerk of the Superior Court of Jenkins County. Referred to Committee on County and Urban Affairs.

HB 1007. By Representative Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary, so as to authorize the governing authority of Jenkins County to

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fix the compensation of the Sheriff and the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County.
Referred to Committee on County and Urban Affairs.

HB 1008. By Representative Karrh of the 106th:
A bill to amend an Act establishing the State Court of Jenkins County, as amended, so as to authorize the governing authority of Jenkins County to fix the compensation of the judge and the solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 1009. By Representative Karrh of the 106th:
A bill to amend an Act creating the office of Tax Commissioner of Jenkins County, as amended, so as to authorize the governing authority of Jenkins County to fix the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1010. By Representative Karrh of the 106th:
A bill to amend an Act placing the Judge of the Probate Court of Jenkins County on an annual salary in lieu of the fee system of com pensation, so as to authorize the governing authority of Jenkins County to fix the compensation of the Judge of the Probate Court of Jenkins County.
Referred to Committee on County and Urban Affairs.

HB 1011. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Summertown so as to change the terms of office of the mayor and councilmen of said town from one year to two years. Referred to Committee on County and Urban Affairs.

HB 1013. By Representatives Snow and Hays of the 1st, Williams and Poster of the 6th and others:
A bill to amend an Act creating the office of Commissioner of Walker County, as amended, so as to change the compensation of the commission er; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1015. By Representative Rainey of the 135th:
A bill to amend an Act creating and establishing a Small Claims Court for Crisp County, Ga., so as to change the jurisdiction of said Court; to change the provisions relative to the cost of filing claims; to change the provisions relative to the term of office of the judge of said court. Referred to Committee on County and Urban Affairs.

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1415

HB 1020. By Representatives Cooper, Kaley and Wilson of the 19th, Housley and Burruss of the 21st, and Murphy of the 18th:
A bill to amend an Act creating the office of Tax Commissioner of Paulding County, as amended, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1022. By Representatives Lord of the 105th and Karrh of the 106th:
A bill to amend an Act creating a board of commissioners for Johnson County, so as to change the expense allowance of the chairman and members of said board. Referred to Committee on County and Urban Affairs.

HB 1023. By Representative Money of the 5th:
A bill to amend an Act creating the Office of Commissioner of Chattooga County, as amended, so as to change the compensation of the Commis sioner; to change certain provisions relative to limits of purchases and emergency powers of the Commissioner. Referred to Committee on County and Urban Affairs.

HB 1024. By Representatives Cooper, Kaley and Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the salary of the clerk of said court; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1025. By Representatives Cooper, Kaley and Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 1027. By Representatives Buck of the 95th, Thompson of the 93rd, Galer of the 97th and others:
A bill to amend an Act abolishing the fee system in the superior courts of the Chattahooochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, as amended, so as to change the compensation of the assistant district attorney.
Referred to Committee on County and Urban Affairs.

HB 1029. By Representative Irvin of the 10th: A bill to divide the County of Stephens into school districts; to provide

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for the election of members of the Board of Education of Stephens County; to provide their terms of office and qualifications.
Referred to Committee on County and Urban Affairs.

HB 1030. By Representative Irvin of the 10th:
A bill to provide for the appointment of the County School Superintendent of Stephens County by the Board of Education of Stephens County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing. Referred to Committee on County and Urban Affairs.

HB 1032. By Representative Phillips of the 120th:
A bill to amend an Act establishing the State Court of Treutlen County, as amended, so as to change the provisions relating to the compensation of the judge of said court. Referred to Committee on County and Urban Affairs.

HB 1033. By Representative Phillips of the 120th:
A bill to amend an Act creating the State Court of Treutlen County, as amended, so as to change the provisions relating to trials by jury in said court; to repeal the provisions providing for a jury of 12. Referred to Committee on County and Urban Affairs.

HB 1044. By Representatives Nix, Harrison and Isakson of the 20th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to increase the corporate limits of the City of Smyrna; to change the date on which elections shall be held to elect a mayor and seven councilmen for the City of Smyrna. Referred to Committee on County and Urban Affairs.

HB 1052. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating a charter for the City of Gumming, as amended, so as to change the terms of office of the mayor and councilmen of said city. Referred to Committee on County and Urban Affairs.

HB 1055. By Representative Connell of the 87th:
A bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", as amended, so as to provide that the Authority shall be exempt from sales and use taxes on property purchased directly by the Authority. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 28, 1977

1417

HB 1056. By Representative Ham of the 80th:
A bill to amend an Act to place the Tax Commissioner of Monroe County on an annual salary in lieu of the fee basis of compensation; to provide for assistants and personnel for the Tax Commissioner and their ap pointment, removal, powers, duties, and compensation. Referred to Committee on County and Urban Affairs.

HB 1057. By Representative Ham of the 80th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Monroe 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.

HR 172. By Representative Adams of the 36th:
A resolution proposing an amendment to the Constitution so as to provide that social security income and Federal railroad retirement in come shall not be included as adjusted gross income for the purpose of qualifying for City of Atlanta homestead exemptions for elderly persons with low incomes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 268. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A resolution proposing an amendment to the Constitution so as to change the compensation of members of the Board of Education of Houston County; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 269. By Representatives Cooper, Kaley, and Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the City of Austell to grant a discount from ad valorem taxes levied by the city for prompt payment of such taxes; to provide for submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

HR 274. By Representatives Home of the 104th, Birdsong of the 103rd, Lucas of the 102nd and others:
A resolution proposing an amendment to the Constitution so as to in crease the amount of the pensions paid to certain widows and children of firemen and policemen who were members of the Firemen and Police Pension Fund of the City of Macon; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

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HR 270. By Representatives Cooper, Kaley and Wilson of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the City of Austell to grant a homestead exemption in the amount of $2,000.00 from all ad valorem taxes levied by the city for certain persons aged sixty-five or over; to provide for submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

HB 85. By Representatives Baugh of the 108th, Parham of the 109th, Cox of the 141st and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to the service necessary for retirement. Referred to Committee on Retirement.

HB 103. By Representatives Hatcher of the 131st, Russell of the 64th, Keyton of the 143rd and others:
A bill to amend Code Section 92-3002, relating to definitions of terms used in the income tax Act of 1931, as amended, so as to redefine the word "corporation". Referred to Committee on Banking, Finance and Insurance.

HB 206. By Representative Taggart of the 125th:
A bill to amend an Act relating to motor vehicle licenses, as amended, so as to require the payment of a fee of one dollar for the transfer of certain licenses and tags from a destroyed or retired motor vehicle to another vehicle. Referred to Committee on Transportation.
HB 207. By Representative Taggart of the 125th:
A bill to amend an Act providing for the issuance of special license plates for antique automobiles, so as to change the transfer fee. Referred to Committee on Transportation.
HB 375. By Representative Buck of the 95th:
A bill to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949, as amended, so as to change the age at which certain members of the Employees Retirement System may become eligible for Group Term Life Insurance coverage; to provide for an election of such coverage by affected members. Referred to Committee on Retirement.
HB 380. By Representatives Castleberry of the lllth, Hudson of the 137th, Collins of the 144th and others:
A bill to amend Code Chapter 92-4499, relating to the duties of the tax

MONDAY, FEBRUARY 28, 1977

1419

collector, as amended, so as to delete the requirements as to when counties having a population of 30,000 or more shall make settlements of amounts due the State.
Referred to Committee on Banking, Finance and Insurance.

HB 412. By Representative Dixon of the 151st:
A bill to provide that each of the counties comprising the Waycross Judicial Circuit shall supplement the salary of the assistant district attorney of said circuit in the amount of $50.00 per month; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 576. By Representative Ham of the 80th:
A bill to provide for the transfer of the jurisdiction of certain cases from the Court of Appeals to the Supreme Court and for the transfer of the jurisdiction of certain cases from the Supreme Court to the Court of Appeals. Referred to Committee on Judiciary.

HB 619. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th and others:
A bill to amend Code Chapter 108-6 relating to trusts, as amended, so as to add new Code Section 108-610 providing for the merger of a trust created under Code Chapter 108-6 into a domestic corporation and specifying certain procedures for such merger. Referred to Committee on Judiciary.

HB 645. By Representative Ross of the 76th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to authorize the State Board of Education to use certain nonteaching personnel interchangeably in the allotment of funds. Referred to Committee on Education.

HB 746. By Representatives Dixon of the 151st, Thompson of the 93rd and Phillips of the 120th:
A bill to amend Code Title 58 relative to intoxicating liquors, as amended, so as to add thereto a new Code Chapter 58-8 relating to wine taxation; to comprehensively and exhaustively revise, supersede and consolidate laws relating to the collecting and administration of wine taxes. Referred to Committee on Banking, Finance and Insurance.

HB 759. By Representative Gignilliat of the 122nd: A bill to amend an Act creating the Georgia Higher Education Assistance

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JOURNAL OF THE SENATE,

Corporation, as amended, so as to change provisions relative to loan amounts.
Referred to Committee on Higher Education.

HB 767. By Representative Evans of the 84th:
A bill to amend an Act creating a Department of Public Safety for Georgia, as amended, so as to provide that officers of the Department of Public Safety may render assistance to local authorities upon request of any district attorney; to provide an effective date. Referred to Committee on Judiciary.
HB 867. By Representatives Ham of the 80th, Murphy of the 18th, Thompson of the 93rd and others:
A bill to amend an Act comprehensively revising appellate and other posttrial procedures, as amended, so as to provide the circumstances and the procedures for the granting of bail in criminal cases. Referred to Committee on Judiciary.
HB 904. By Representatives Crosby of the 150th, Dixon of the 151st, Foster and Wheeler of the 152nd and others:
A bill to amend an Act providing that the owner of a beehive shall have the right to destroy bears under certain conditions so as to change the provisions relative to protective devices for beehives and notice to the Department of Natural Resources. Referred to Committee on Natural Resources and Environmental Quality.
HB 999. By Representative Marcus of the 26th:
A bill to amend an Act known as the "Children and Youth Act", as amended, so as to require the immunization of children as a prerequisite to their admission to day-care centers; to require a child's parent or guardian to furnish the day-care center with a certificate of such immunization. Referred to Committee on Human Resources.
HB 1045. By Representative Knight of the 67th:
A bill to amend an Act known as the "Development Authorities Law", as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain industrial enterprises, expand local credit and capital, and reduce unemployment. Referred to Committee on Industry, Labor and Tourism.
HR 12. By Representative Howell of the 140th:
A resolution compensating Mrs. Mildred C. Hobbs in the amount of $13,750.35. Referred to Committee on Appropriations.

MONDAY, FEBRUARY 28, 1977

1421

HR 18. By Representative Clark of the 13th:
A resolution compensating Mr. and Mrs. Luther Dwain Free for the death of their daughter, Judy Diane Free, in the amount of $15,950.00. Referred to Committee on Appropriations.

HR 31. By Representatives Baugh of the 108th and Parham of the 109th:
A resolution compensating Dr. John V. Aliff in the amount of $505.38. Referred to Committee on Appropriations.

HR 84. By Representative Jones of the 126th:
A resolution compensating Mr. Jesse Carter in the amount of $2,374.56. Referred to Committee on Appropriations.

HR 92. By Representative Ross of the 76th: A resolution compensating Mr. Jacob A. and Mrs. Lenoy W. Bentley in the amount of $4,000.00.
Referred to Committee on Appropriations.
HR 93. By Representative Ross of the 76th: A resolution compensating Mr. Albert T. Smalley in the amount of $25.00.
Referred to Committee on Appropriations.
HR 132. By Representatives Hudson of the 137th, Coleman of the 118th and Jessup of the 117th: A resolution compensating Mr. E. T. "Dick" Fuller in the amount of $1,000.00.
Referred to Committee on Appropriations.
HR 187. By Representative Coleman of the 118th: A resolution compensating Ms. Gwendolyn A. Morgan in the amount of $638.00.
Referred to Committee on Appropriations.
HR 188. By Representative Coleman of the 118th: A resolution compensating Mrs. Dorothy A. Bland in the amount of $2,500.00.
Referred to Committee on Appropriations.
HR 196. By Representative Logan of the 62nd: A resolution compensating Mr. Roper David in the amount of $123.00.
Referred to Committee on Appropriations.

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HR 215. By Representative Colwell of the 4th:
A resolution compensating Mr. Robert L. Abies in the amount of $825.00. Referred to Committee on Appropriations.

HB 458. By Representatives Wood of the 9th, Hays of the 1st, Wall of the 61st and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951" so as to provide that no marine rescue squadron sponsored by and operating under the direction and control of the sheriff of the superior court of the county of residence of said squadron, and which performs only water or boat rescue missions within the State of Georgia, shall be deemed to be a governmental rescue organization which qualifies for exemption from the licensing requirements of said Act.
Referred to Committee on Defense and Veterans Affairs.

HB 808. By Representative Childs of the 51st:
A bill to amend an Act creating the State Board of Pardons and Paroles and providing for the appointment, terms of office, compensation and powers and duties of the State Board of Pardons and Paroles, as amended. Referred to Committee on Judiciary.

HB 826. By Representatives Tucker of the 73rd and Games of the 43rd:
A bill to amend Code Section 114-616, relating to compliance, inspections and penalties, so as to change the penalty provisions. Referred to Committee on Judiciary.

HB 848. By Representative Greer of the 43rd:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, so as to provide that the Chairman of the Board of the Directors of the Authority shall receive compensation of $7,000 per year for the performance of duties as chairman in addition to compensation as a regular Board member, beginning as of January 1,1977.
Referred to Committee on Transportation.

HR 118. By Representatives Smyre of the 92nd, Snow of the 1st, Hatcher of the 131st and others:
A resolution creating the Compensation to Victims of Crime Study Committee. Referred to Committee on Judiciary.

HR 276. 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 Chatham Service

MONDAY, FEBRUARY 28, 1977

1423

Corp., a Georgia corporation, its successors and assigns, an irrevocable easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, maintenance, repair and replacement of berthing, docking and storage facilities and improve ments.
Referred to Committee on Public Utilities.

HB 122. By Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th and others:
A bill to amend an Act providing for the creation and establishment of a Department of Labor approved March 25, 1937, as amended, so as to provide for an annual report and recommendation as to legislation needed by the Commissioner of Labor. Referred to Committee on Industry, Labor and Tourism.

HB 265. By Representative Phillips of the 59th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved Mar. 7, 1961, as amended, so as to change the provisions relative to bonds. Referred to Committee on Transportation.

Senator Johnson of the 34th, Chairman of the Committee on Enrolling and Journals, submitted the following report:
Mr. President:
Your Committee on Enrolling and Journals has read and examined the follow ing 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 18. SB 37. SB 38. SB 55. SB 92. SB 135. SB 158. SB 163. SB 171. SB 176. SB 177. SB 201.

1424
SB 222. SB 223. SB 275. SR 37.

JOURNAL OF THE SENATE,
Respectfully submitted, Is/ Edward H. Johnson, Chairman
Senator, District 34

Senator Tate of the 38th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 5:30 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

TUESDAY, MARCH 1, 1977

1425

Senate Chamber, Atlanta, Georgia Tuesday, March 1, 1977

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.

Senator Dean of the 31st 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 306. By Representatives Tucker of the 73rd, Ross of the 76th and Evans of the 84th:
A bill to amend an Act authorizing area, county and independent boards of education to adopt policies relating to the use of corporal punish ment, so as to provide for certain requirements in connection with administering corporal punishment.

HB 442. By Representative Colwell of the 4th:
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 change the provisions relative to the State Agency for Surplus Property.

HB 633. By Representatives Nichols of the 27th, Carlisle of the 71st, Noble of the 48th and others:
A bill to require that pawnbrokers maintain permanent records of business transactions; to specify the content and form of such records; to provide for the inspection of said records by duly authorized law enforcement officers; to provide for punishment for failure to comply with this Act; to provide an effective date.

HB 776. By Representatives Smyre of the 92nd, Bishop of the 94th, Thompson of the 93rd and others:
A bill to provide that in each consolidated government of this State within the limits of which the sale of alcoholic beverages, distilled

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spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours.

HB 1047. By Representative Taggart of the 125th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to provide that no initial license to sell distilled spirits or alcoholic beverages shall be issued by the State Revenue Commissioner until the applicant has exhibited a license granted by the municipality.

The House has adopted the following resolution of the House:

HR 320. By Representatives Knight of the 67th, Greer of the 43rd, Glover of the 32nd and others: A resolution commending Donna Adams Wilmer.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 765. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to provide for hospitalization insurance for certain county elected officials; to provide for the cost of such insurance.
HB 768. By Representatives Peters of the 2nd and Ramsey of the 3rd: A bill to amend an Act creating the office of Commissioner of Catoosa County, as amended, so as to change the compensation and travel expense allowance of the commissioner; to provide an effective date.

The House has agreed to the Senate amendments to the following bills of the House:
HB 311. By Representatives Colwell and Twiggs of the 4th, Rainey of the 135th and others:
A bill to amend an Act known as the "Conservation Ranger Act" ap proved April 19, 1973, as amended, so as to provide for pay grades for wildlife technicians.

HB 547. By Representatives Foster and Wheeler of the 152nd and Stone and Greene of the 138th:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court,

TUESDAY, MARCH 1, 1977

1427

the Tax Commissioner, the Chairman of the Board of Commissioners, and the members of the Board of Commissioners of Brantley County.

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

HB 901. By Representatives Cooper, Kaley and Wilson of the 19th and others:
A bill to reincorporate the City of Marietta in Cobb County; to create a new charter for said city; to provide for the powers, rights and duties of said city; to repeal certain provisions of an Act creating a new Charter for the City of Marietta, in the County of Cobb, as amended.

HB 944. By Representative Jessup of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, as amended, so as to change the compensation of the com missioners; to provide an effective date.

HB 945. By Representative Jessup of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the provisions relative to the compensation of the members of said Board.

HB 985. By Representatives Randall of the 101st and Lucas of the 102nd:
A bill to amend an Act establishing the Board of Commissioners of Bibb County, as amended, so as to change the number, composition and method of election of members of the board of commissioners; to provide for commissioner districts.

HB 1034. By Representative Castleberry of the lllth:
A bill to amend an Act abolishing the present method of compensating the Sheriff of Stewart County, known as the fee system, and providing in lieu thereof an annual salary, as amended, so as to change the compensation of the sheriff's deputy.

HB 1035. By Representative Castleberry of the lllth:
A bill to amend an Act placing the Sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the compensation of personnel.

HB 1036. By Representative Castleberry of the lllth:
A bill to provide for the salary of the Sheriff of Chattahoochee County; to provide for other matters relative to the foregoing; to provide an effective date.

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JOURNAL OF THE SENATE,

HB 1037. By Representatives Veazey and Patten of the 146th:
A bill to amend an Act creating a new charter for the City of Tifton, as amended, so as to extend the corporate limits of the City of Tifton; to provide for a referendum; to provide an effective date.

HB 1038. By Representatives Veazey and Patten of the 146th:
A bill to provide a new Charter for the City of Tifton; to repeal the Charter provided by an Act approved Aug. 14, 1920, as amended; to provide for definitions; to provide for the corporate boundaries; to provide for corporate powers.

HB 1040. By Representatives McDonald of the 12th and Irvin of the 10th:
A bill to amend an Act placing the Sheriff of Banks County on an annual salary in lieu of the fee system of compensation so as to provide that the governing authority of Banks County shall furnish the sheriff with the necessary automobiles and equipment for the proper operation of his office including communications equipment, maintenance, repairs, gas and oil for said automobiles.

HB 1041. By Representatives McDonald of the 12th and Irvin of the 10th:
A bill to amend an Act creating a Board of Commissioners of Banks County, as amended, so as to change the compensation of the chairman and the other members of the board of commissioners.

HB 1042. By Representatives McDonald of the 12th and Irvin of the 10th:
A bill to provide a salary for the Coroner of Banks County; to provide for reimbursement by the governing authority of Banks County of all necessary expenses incurred by the coroner in fulfilling his duties.

HB 1043. By Representative Irvin of the 10th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens, as amended, so as to change the compensation of said Commissioners.

HB 1058. By Representative Irvin of the 10th:
A bill to amend an Act of the General Assembly of Georgia incorporat ing the City of Toccoa, as heretofore amended, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits of said city.

HB 1059. By Representative Ross of the 76th:
A bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Warren County, Georgia, and creating the qffice of

TUESDAY, MARCH 1, 1977

1429

Tax Commissioner of Warren County, Georgia, so as to change the compensation of the tax commissioner.

HB 1060. By Representative Ross of the 76th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County, as amended, so as to provide for the collection of certain commissions and the payment of the same into the county treasury.

HB 1062. By Representative Hatcher of the 131st:
A bill to amend an Act placing the Sheriff of Baker County on an annual salary in lieu of the fee system of compensation so as to authorize the governing authority of Baker County to provide for a supplement to the compensation of the Sheriff of Baker County.

HB 1067. By Representative Carrell of the 75th:
A bill to provide for an expense allowance for the Judge and District Attorney of the Superior Court of the Alcovy Judicial Circuit from the funds of Walton County; to provide an effective date.

HB 1068. By Representative Carrell of the 75th:
A bill to provide for a cost-of-living increase to the compensation salaries, expenses and allowances of the Sheriff, the Tax Commissioner, the Judge of the Probate Court and the Clerk of the Superior Court of Walton County.
HB 1069. By Representatives Home of the 104th, Birdsong of the 103rd, Lucas of the 102nd and others:
A bill to change the provisions relative to the compensation and ex penses of the elective members of the Board of Public Education and Orphanage of Bibb County.

HB 1071. By Representatives Phillips of the 120th and Rush of the 121st:
A bill to amend an Act creating the Board of Commissioners of Toombs County, as amended, so as to change the provisions relating to the election of members of the board of commissioners; to provide for districts.
HB 1078. By Representatives Hill of the 127th, Taggart of the 125th, Scott of the 123rd and others:
A bill to amend an Act providing for the compensation of the Judge of the Probate Court of Chatham County, as amended, so as to change the provisions relative to the compensation of the Judge of the Probate Court of Chatham County.

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HB 1086. By Representatives Jones of the 78th and Adams of the 79th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Pike 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 office shall become the property of the county.

HB 1088. By Representatives Housley and Burruss of the 21st, Cooper and Wilson of the 19th, and Harrison of the 20th:
A bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the provisions relative to the compensation of said officers.
HB 1090. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, as amended, so as to provide procedures for the collection, payment and accounting of monies payable to the court.

HB 1091. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of Commissioner of Bleckley County, as amended, so as to change the provisions relative to the expense allowance of the commissioner; to provide an effective date.

HB 1092. By Representatives Glanton and Johnson of the 66th:
A bill to amend an Act establishing a new charter for the City of Carrollton, as amended, so as to change the maximum fine of a certain police court; to provide for a recorder for said court, how elected and the duties, power, authority and salary thereof.

HB 1093. By Representatives Jones of the 78th and Adams of the 79th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, as amended, so as to change the compensation of the deputy tax commissioner; to provide for minimum compensation for the deputy tax commissioner.
HB 1094. By Representatives Jones of the 78th and Adams of the 79th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Pike County, known as the fee system; to provide in lieu thereof an annual salary.
HB 1098. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to provide for the combination of the present functions of the

TUESDAY, MARCH 1, 1977

1431

Magistrate's Court of Clarke County, Ga., and the Recorder's Court of the City of Athens, Ga., into one court; to provide for the manner of selection of the judge of this court.

HB 1099. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act establishing a city court in the County of Clarke (now known as the State Court of Clarke County) so as to change the provisions relating to the number and selection of jurors in civil and misdemeanor trials in said court.

HB 1100. By Representative Owens of the 77th:
A bill to change the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500, according to the United States Decennial Census of 1970 or any future such census.

HB 1102. By Representative Ross of the 76th:
A bill to provide for a Board of Commissioners of Warren County; to provide for elections and terms of office; to provide for election districts; to provide for vacancies; to provide for meetings of the board; to provide for compensation of members of the board; to provide for bonds.
HB 1104. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to amend an Act entitled "An Act to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions for old age and disabilities of its teachers and employees, and to contribute the necessary funds therefor from the public monies committed to its charge, and to adopt reasonable rules and regulations for the administration of said system of pensions".
HB 1105. By Representative Reaves of the 147th:
A bill to amend an Act placing the Sheriff of Brooks County on a salary basis, in lieu of the fee system of compensation, as amended, so as to change the provisions relative to the compensation of the chief deputy sheriff.
HB 1106. By Representatives Lee, Johnson, Benefield and Wood of the 72nd:
A bill to amend an Act creating a new charter for the City of Morrow so as to change the date of elections in said city.

HB 1107. By Representatives Hatcher of the 131st, White of the 132nd, McCollum of the 134th and Hutchinson of the 133rd:
A bill to amend an Act placing certain of the county officers of

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JOURNAL OP THE SENATE,

Dougherty County upon an annual salary, as amended, so as to change the salary of the clerk of the superior court of said county.

HB 1108. By Representative Phillips of the 91st:
A bill to provide that the governing authority of Harris County shall maintain a list of all county officers and employees, together with their individual salaries, expense allowances and other fringe benefits; to provide that said list shall be available for public inspection.

HB 1109. By Representative Phillips of the 91st:
A bill to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County, together with their individual salaries, supplements, expenses and other emoluments.

HB 1039. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.

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

SB 302. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary, as amended, so as to change the provisions relating to deputy sheriffs, radio operators, jailers and secretaries, and their compensation.

SB 305. By Senator Traylor of the 3rd:
A bill to create and establish a Small Claims Court in and for Bryan 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.

SB 306. 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.

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1433

SB 307. By Senators Barnes of the 33rd, Thompson of the 32nd and Brantley of the 56th:
A bill to amend an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to delegate certain au thority for amending the Act to the governing authority of Cobb County.

SB 316, By Senator Traylor of the 3rd:
A bill to abolish the office of Treasurer of Bryan County; to provide that the Board of Commissioners of Bryan County shall appoint depositories for county funds; to provide for the clerk of the board of commissioners to exercise certain duties; to provide that the clerk cannot hold other elective or appointive public office.

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

SB 292. By Senator Kidd of the 25th:
A bill to create a court to be known as the "Magistrate's Court of Bald win County"; to define its jurisdiction and powers; to provide for the appointment, duties and compensation of the presiding officer, who shall be designated Magistrate.

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

HR 293. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000.00 from all City of Thomaston ad valorem taxes, including ad valorem taxes for the city school district, for residents of the City of Thomaston, Ga., who are disabled and who have a net income not exceeding $10,000.00 for the immediately preceding taxable year.

HR 296. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Morrow who are 65 years of age or over or who are totally disabled, and whose gross income does not exceed $4,000.00 per annum, shall be granted a homestead exemption of $8,000.00 from ad valorem taxation by said city.

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

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SB 361. By Senator Overby of the 49th:
A bill to amend an Act to incorporate and to grant a new charter to the City of Oakwood, as amended, so as to change the maximum amount of fine which may be imposed by the recorder's court of the said city. Referred to Committee on County and Urban Affairs.

SB 362. By Senator Overby of the 49th:
A bill to provide for a supplement to the salary of the judges of the superior courts of the Northeastern Judicial Circuit; to provide for the payment of such salary supplement by the counties comprising said circuit; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 363. By Senator Overby of the 49th:
A bill to amend an Act creating a new charter and municipal government for the City of Flowery Branch, as amended, so as to change the pro visions relative to the police court. Referred to Committee on County and Urban Affairs.

SB 364. By Senator Kennedy of the 4th:
A bill to amend an Act creating a board of commissioners of Evans County, as amended, so as to change the compensation of the chairman and members of said board; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 365. By Senator Wessels of the 2nd:
A bill to provide for the right of nonelected employees of the State of Georgia, and of all Georgia counties and municipalities, and all political subdivisions thereof, to appoint and to designate a personal representative or representatives of their choice to assist and represent them in any available employment grievance and disciplinary procedures and ap peals. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SB 366. By Senator Stumbaugh of the 55th:
A bill to amend an Act creating and establishing a new charter for the City of Lithonia, as amended, so as to change the qualifications of the Recorder. Referred to Committee on County and Urban Affairs.

SB 367. By Senators Foster of the 50th and Barnes of the 33rd:
A bill to provide for legislative review and comment on applications by State agencies for federal grants or other forms of federal financial

TUESDAY, MARCH 1, 1977

1435

assistance; to provide for a short title; to provide for definitions; to provide for procedures and requirements relative to the foregoing.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 368. By Senators Bell of the 5th and Poster of the 50th:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide for additional powers of agents of the Georgia Bureau of Investigation under certain circumstances; to provide for such circumstances. Referred to Committee on Judiciary.

SB 369. By Senator Barnes of the 33rd:
A bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to prohibit the use of hypnotism, mesmerism and any similar act or process except under certain circumstances; to provide a penalty. Referred to Committee on Judiciary.

SB 370. By Senator Foster of the 50th:
A bill to amend an Act reincorporating the City of Dawsonville in the County of Dawson, so as to provide for the suspension of the operation of the recorder's court under certain circumstances. Referred to Committee on County and Urban Affairs.

SR 136. By Senator Banks of the 17th:
A resolution to create the Senate Product Liability Study Committee. Referred to Committee on Rules.

SR 137. By Senators Hudgins of the 15th, Russell of the 10th, Sutton of the 9th and others:
A resolution creating the Game and Fish Division Study Committee. Referred to Committee on Natural Resources and Environmental Quality.

SR 138. By Senator Foster of the 50th:
A resolution authorizing the State Properties Commission to enter into boundary line settlement agreements, for and on behalf of the State of Georgia and the Department of Agriculture, with property owners adjacent to the State Farmers Market in Dillard, Georgia.
Referred to Committee on Public Utilities.

SR 139. By Senator Brantley of the 56th: A resolution to create the Joint Correctional Industries Study Committee.
Referred to Committee on Industry, Labor and Tourism.

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JOURNAL OF THE SENATE,

SR 142. By Senators Paulk of the 13th, Kennedy of the 4th and Gillis of the 20th:
A resolution creating the County Correctional Institution Study Com mittee. Referred to Committee on Offender Rehabilitation.

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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 349. Do pass.
Respectfully submitted, Senator McGill of 24th District, Chairman

Senator Lester of the 23rd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 155. Do pass by substitute. SB 231. Do pass by substitute. SB 252. Do pass. SB 321. Do pass by substitute. SB 353. Do pass. SR 130. Do pass. HB 220. Do pass. HB 228. Do pass. HB 244. Do pass. HB 291. Do pass. HB 300. Do pass. HB 542. Do pass.

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1437

HB 678. Do pass. HB 827. Do pass.

Respectfully submitted, Senator Lester of 23rd District, Chairman

Senator Sutton of the 9th 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 House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 97. Do pass. SB 110. Do pass as amended. SB 151. Do pass as amended. HB 506. Do pass. HB 610. Do pass as amended HB 640. Do pass. HB 668. Do pass by substitute. HB 672. Do pass. HB 779. Do pass. HB 882. Do pass. HB 898. Do pass. HB 943. Do pass. HB 946. Do pass. HB 947. Do pass. HB 948. Do pass. HB 949. Do pass. HB 952. Do pass by substitute. HB 953. Do pass. HB 954. Do pass by substitute. HB 955. Do pass. HB 956. Do pass. HB 957. Do pass. HB 958. Do pass.

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JOURNAL OF THE SENATE,

HB 965. Do pass. HB 968. Do pass. HB 977. Do pass.

Respectfully submitted, Senator Sutton of 9th District, Chairman

Senator Langford of the 51st 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 246. Do pass.
Respectfully submitted, Senator Langford of 51st 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 and resolution of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 129. Do pass. HB 605. Do pass. HB 606. Do pass.
Respectfully submitted, Senator Carter of 14th District, Chairman

Senator Howard of the 42nd 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 bill and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 318. Do pass by substitute.

TUESDAY, MARCH 1, 1977

1439

SR 112. Do pass by substitute.

Respectfully submitted, Senator Howard of 42nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 78. 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 771. Do pass.
Respectfully submitted, Senator Overby of 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 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 238. Do pass by substitute. SB 239. Do pass by substitute. HB 503. Do pass. HB 790. Do pass. HR 96. Do pass.

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JOURNAL OF THE SENATE,

HR 157. Do pass. HR 194. Do pass.

Respectfully submitted, Senator Brown of 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 and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 486. Do pass. HR 115. Do pass.
Respectfully submitted, Senator Eldridge of 7th 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 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:
SB 265. Do pass. SB 266. Do pass. SB 360. Do pass. HB 157. Do pass. HB 512. Do pass. HB 724. Do pass as amended. SR 123. Do pass. SR 124. Do pass. HR 231. Do pass. HR 289. Do pass.
Respectfully submitted, Senator Reynolds of 48th District, Chairman

TUESDAY, MARCH 1, 1977

1441

The following bills and resolutions of the Senate and House were read the second time:

SB 95. By Senator Hudgins of the 15th:
A bill to amend Code Section 34-632, relating to rules for determining residence, so as to change the provisions relating to rules for determining residence; to provide that under certain circumstances a person may move from one county to another and retain his residency in the former county.

SB 221. By Senator Traylor of the 3rd:
A bill to amend "The Small Business Assistance Act of 1975", so as to encourage State purchases from minority businesses; to define a certain term; to change the provisions relating to the Advisory Council.

SB 230. By Senators Riley of the 1st, Duncan of the 30th, Dean of the 31st and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide that all eligible officers and employee of the George L. Smith II Georgia World Congress Center Authority are authorized to become members of the Employees' Retire ment System of Georgia.

SB 301. By Senator Pearce of the 16th:
A bill to amend an Act requiring State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency, so as to change certain definitions; to change the provisions relative to certain reports required by said Act.
SB 320. By Senator Bell of the 5th:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that it shall be unlawful to make certain false statements in connection with telephone solicitations; to provide for penalties in connection therewith.

SB 339. By Senator Langford of the 51st:
A bill to provide for organization and implementation of the State's presence in the Near and Middle East for certain purposes; to provide a short title; to create the Georgia Near and Middle Eastern Commission; to provide for the Commission's composition and organization.

SB 340. By Senators Walker of the 19th, Allgood of the 22nd, Banks of the 17th and others:
A bill to amend Code Chapter 24-26, relating to judges of the superior courts, as amended, so as to provide for the attendance by superior court

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JOURNAL OP THE SENATE,

judges elect and superior court judges designate at educational semi nars and programs.

SR 107. By Senators Tysinger of the 41st, Duncan of the 30th, Barker of the 18th and others:
A resolution proposing an amendment to the Constitution, so as to provide that bills and resolutions may be introduced jointly in either the Senate or the House of Representatives by Senators and Representa tives.

HB 57. By Representatives Parham of the 109th and Baugh of the 108th:
A bill to amend Code Chapter 79A-4, relating to pharmacists, as amended, so as to provide for the substitute of certain generic and brand name drugs; to provide for recording of substitutes.

HB 91. By Representatives Burton of the 47th, Hays and Snow of the 1st, Johnston of the 56th and others:
A bill to amend Code Chapter 34-7, relating to election districts and polling places, as amended, so as to change the provisions relating to the selection of polling places and the use of public buildings as polling places.

HB 152. By Representative Howell of the 140th:
A bill to amend Code Section 89-9903, relating to the crime of stealing, altering, etc., of public documents, so as to change the provisions to provide a determination of proof of intent to commit such crimes.

HB 201. By Representatives Walker of the 115th, Waddle of the 113th, Watson of the 114th and others:
A bill to amend Code Chapter 23-4, relating to settling disputed county lines, as amended, so as to change the procedures and proceedings for settling disputed county lines; to provide for surveys by land surveyors.

HB 209. By Representatives Buck of the 95th, Toles of the 16th, Dover of the llth and others:
A bill to amend an Act creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, so as to change the provisions relating to retirement benefits.

HB 243. By Representative Buck of the 95th:
A bill to amend an Act creating the Superior Court Judges Retirement System (Ga. Laws 1976, p. 586), so as to provide for the use and disposition of the employer's contributions paid to the Board of Trustees on behalf of members withdrawing from the Retirement System; to provide an effective date.

TUESDAY, MARCH 1, 1977

1443

HB 250. By Representatives Thompson of the 93rd and Buck of the 95th:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to create the crime of necrophilia; to provide for defini tions; to provide for penalties; to provide for an effective date.

HB 260. By Representatives Robinson of the 58th, Richardson of the 52nd, Vaughn of the 57th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, approved Mar. 19, 1943, as amended, so as to change the provisions relative to the definition of "teacher" as applied to regional and county librarians and clerical personnel of such libraries.

HB 320. By Representatives Snow of the 1st, Karrh of the 106th, Irvin of the 23rd and others:
A bill to amend Code Title 22, relating to corporations, as amended, so as to provide for full and fair disclosure in connection with take over bids made for the securities of certain domestic and foreign corporations; to define certain terms including "offerer", "takeover bid" and "offeree company".

HB 321. By Representatives Snow of the 1st, Irvin of the 23rd and Karrh of the 106th:
A bill to amend Code Title 22, relating to corporations, as amended, so as to require that a corporate name not contain any word or phrase which indicates or implies anything which is obscene.

HB 366. By Representatives Noble of the 48th, McKinney of the 35th and Bolster of the 30th:
A bill to grant to certain campus policemen employed by public or private colleges and universities in this State certain law enforcement powers, including the power of arrest; to provide definitions; to provide qualifications and training requirements for campus policemen exercising such law enforcement powers.

HB 451. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the provisions relative to the personnel of the board; to change the provisions relative to the internship requirements for licensure; to change certain provisions relative to the licenses issued by the board.

HB 631. By Representatives Tolbert, Butler and Johnston of the 56th and others:
A bill to amend Code Chapter 34-14 relating to absentee voting, as amended, so as to change the provisions relative to the challenge of absentee ballots; to delete certain provisions relative to the challenge of absentee ballots.

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JOURNAL OF THE SENATE,

HB 663. By Representatives Randall of the 101st, Russell of the 64th, Marcus of the 26th and others:
A bill to amend an Act creating the Board of Examiners of Practical Nurses, as amended, so as to provide for temporary licenses and the practices and procedures connected therewith.

HB 769. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Title 88, relative to public health, as amended, so as to establish in the Adult Health Section of the Department of Human Resources a program for the control and prevention of cancer and for the care of patients suffering from cancer; to designate powers and duties in relation thereto.

HB 792. By Representatives Rainey of the 135th, Peters of the 2nd, Twiggs of the 4th and others:
A bill to enact the Game and Fish Code, Title 45; to completely and comprehensively revise and supersede the laws of this State relating to game and fish; to provide definitions, powers and duties relating to game and fish; to provide a short title ("Game and Fish Code"); to provide for consent to certain federal laws, rules, regulations and acquisitions.

HR 213. By Representatives Bray of the 70th, Whitmire of the 9th and Russell of the 64th:
A resolution urging the State Personnel Board and the State Commis sioner of Personnel Administration to continue the study of employee job classifications.

SB 118. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes," as amended, so as to provide that no person shall be entitled to claim credit for prior service if such service is claimed for retirement or pension benefits under other retirement or pension system.

SB 120. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to change the provisions relative to the claiming of credit for military service.

SB 336. By Senator English of the 21st: A bill to amend an Act placing the Sheriff of Warren County upon an

TUESDAY, MARCH 1, 1977

1445

annual salary in lieu of the fee system of compensation, so as to authorize the Sheriff of Warren County to appoint deputy sheriffs.

SB 341. 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 terms of office of the Mayor and Aldermen; to change the number of Aldermen.

SB 343. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the State Court of Evans County, as amended, so as to change the compensation of the judge and solicitor of said court; to provide an effective date.

HB 777. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act creating a Board of Commissioners for Bacon County, Georgia, as amended, so as to change the compensation of the chairman of the board of commissioners.

HB 778. By Representatives Wheeler and Poster of the 152nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, so as to change the compensation provisions relating to the tax commissioner.

HB 674. By Representatives Snow and Hays of the 1st, Foster and Williams of the 6th and Money of the 5th:
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 provide for the creation of a special fund from which salaries and expenses of the office of Tax Commissioner shall be paid.

HB 687. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, according to the U.S. Decennial Census of 1970, or any future such census.
HB 688. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, as amended, so as to change the provisions relating to the expense allowance of the chairman and the members of the board of commissioners.

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JOURNAL OF THE SENATE,

HB 689. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Douglas County on annual salaries, as amended, so as to change the provisions relative to the compensation of the clerk, sheriff, judge of the probate court and tax commissioner.

HB 699. By Representatives Greene and Stone of the 138th:
A bill to abolish and reestablish boards of hospital authorities in each county of this State having a population of not less than 17,830 and not more than 18,080 according to the U.S. Decennial Census of 1970 or any future such census.

HB 753. By Representative Connell of the 87th:
A bill to amend an Act entitled "An Act to Regulate Public Instruction in the County of Richmond", as amended, so as to provide for the signing of all checks, drafts and orders by the fascsimile signature of the respective officials.

HB 780. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act to abolish the present mode of compensating the Judge of the Probate Court of Bacon County, known as the fee system, so as to change the provisions relating to, and the compensa tion of, the judge of the probate court.

HB 781. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as the fee system, so as to authorize a change in the compensation of the clerk and the procedure by which such compensation is determined.

HB 816. By Representatives Foster of the 152nd, and Stone and Greene of the 138th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Com missioner of Brantley County, so as to change certain provisions relative to the personnel of the clerk of the superior court.

HB 868. By Representative Crosby of the 150th:
A bill to amend an Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of said officer.

TUESDAY, MARCH 1, 1977

1447

HB 870. By Representative Crosby of the 150th:
A bill to amend an Act placing the Sheriff of Atkinson County upon an annual salary, as amended, so as to change the compensation of the sheriff of said county.

HB 888. By Representative Kemp of the 139th:
A bill to amend an Act providing a new charter for the City of Hinesville, as amended, so as to change the name of the mayor's court; to provide that the mayor pro tern may serve as the recorder.

HB 885. By Representatives Milford and Mann of the 13th:
A bill to create a new charter for the Town of Bowersville in the County of Hart; to provide for incorporation; to provide for corporate boun daries; to provide for specific and general powers and the construc tion and exercise thereof.

HB 889. By Representative Kemp of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, so as to provide for the employment of a lieutenant and criminal investigator in the sheriff's office; to provide for longevity increases for certain personnel of the sheriff's office.
HB 890. By Representative Kemp of the 139th:
A bill to amend an Act creating a Small Claims Court for Liberty County, so as to change the jurisdiction of said court; to change certain costs.
HB 895. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County approved Dec. 18, 1819, as amended, so as to authorize the Judge of the Probate Court of Chatham County to preside as judge pro hac vice in the State Court of Chatham County.

HB 896. By Representatives Looper and Anderson of the 8th:
A bill to amend an Act placing the Sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff; to provide an effective date.

HB 900. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County, as amended, so as to change the provisions relating to costs and deposits in the State Court of Chatham County.

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JOURNAL OF THE SENATE,

HB 916. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the Sheriff of Towns County on an annual salary, as amended, so as to change the provisions relative to the compensation of the sheriff and deputies.

HB 918. By Representative Birdsong of the 103rd:
A bill to amend an Act establishing a new charter for the City of Jeffersonville, as amended, so as to change the provisions relating to the composition and election of the members of the city council; to provide for election districts.

HB 919. By Representative Birdsong of the 103rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, as amended, so as to change the compensation of the chairman and the commissioners of said board; to change the provisions relating to meetings.

HB 922. By Representative Murray of the 116th:
A bill to provide a new Charter for the City of Leslie in the County of Sumter; to provide for the governing authority; to provide for the ad ministrative affairs of said City; to provide for a municipal court; to provide for elections.

HB 923. By Representative Murray of the 116th:
A bill to amend an Act creating a new charter for the City of Plains, in the County of Sumter, so as to provide for a Municipal Court in lieu of the Mayor's Court.

HB 933. By Representatives Taggart of the 125th, Scott of the 123rd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County, as amended, so as to provide for the filling of vacancies in the office of Judge of the State Court of Chatham County.

HB 934. By Representative Reaves of the 147th:
A bill to repeal an Act to provide a supplementary salary payable from county funds for clerks of the superior court in counties having a population of not more than 2,000 according to the U.S. Decennial Census of 1960 or any future such census.

HB 935. By Representative Reaves of the 147th:
A bill to repeal an Act to authorize the governing authority in counties having a population of less than 3,000 according to the U.S. census of

TUESDAY, MARCH 1, 1977

1449

1950 or any future census, to supplement the compensation of the clerk of the superior court.

HB 939. By Representative Rainey of the 135th:
A bill to amend an Act creating a Small Claims Court in Dooly County so as to change the jurisdiction of said court; to change the provisions relative to costs and fees; to provide for the appointment of bailiffs and their powers and duties.

The following local bill of the Senate, having been read the third time on February 2 and postponed until February 3, committed on February 3 to the Committee on County and Urban Affairs, favorably reported by the committee on February 28, was put upon its passage:

SB 127. By Senator Stephens of the 36th:
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 and wines during certain hours on Sunday in 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 29, nays 5.

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

Senator Stephens of the 36th moved that SB 127 be immediately transmitted to the House.
On the motion, the yeas were 27, nays 4; the motion prevailed, and SB 127 was immediately transmitted to the House.
The following local bill of the Senate, having been lost on February 22, reconsidered on February 23 and committed to the Committee on County and Urban Affairs, favorably reported February 28, was put upon its passage:

SB 284. By Senators Wessels of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the municipal corporations of this State having a population of not less than 1,600 and not more than 2,700, which are located in counties having popu'ations of not less than 170,000 and not more than 190,000 shall be authorized to sell and

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JOURNAL OF THE SENATE,

serve malt beverages, wine and alcoholic beverages on Sunday in such cities under certain conditions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 29, nays 5.

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

Senator Stephens of the 36th moved that SB 284 be immediately transmitted to the House.
On the motion, the yeas were 29, nays 2; the motion prevailed, and SB 284 was immediately transmitted to the House.

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:

HB 144. By Representatives Lucas of the 102nd and Randall of the 101st:
A bill to provide that in all counties of this State having a population of not less than 100,000 and not more than 150,000, and in certain municipal corporations located within 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 Committee on County and Urban Affairs offered the following substitute toHB144:
A BILL
To be entitled an Act to provide that in all counties of this State having a population of not less than 100,000 and not more than 150,000, according to the United States Decennial Census of 1970 or any future such census, and in certain municipal corporations and portions of municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is law fully authorized by ordinance of the governing body of such county or municipality, whichever is applicable, such sales for consumption on the premises shall be authorized in certain establishments during certain hours; to define a certain term; to provide for licenses and license fees; to provide for a referendum; 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. (a) The provisions of any other law of this State to the contrary notwithstanding, in all counties of this State having a popula-

TUESDAY, MARCH 1, 1977

1451

tion of not less than 100,000 and not more than 150,000, according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, by ordinance of the governing body of such county or municipality, such sales for consumption on the premises of bona fide full-service restaurants as defined herein shall be authorized at any time from 11:55 p.m. on Saturdays and until 2:00 a.m. on Sundays; provided, however, that the provisions of this Section shall not apply to any geographic area of any municipal corporation which is located outside of the limits of any county covered by the provisions of this Act.

(b) For the purposes of this Section, "bona fide full-service restaurant" shall mean an established place of business

(1) which is licensed to sell alcoholic beverages, distilled spirits, malt beverages or wines for consumption on the premises; and

(2) where meals with substantial entrees selected by the patron from a full menu are served; and

(3) which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises; and

(4) which derives at least 50% of its gross income from the sale of such meals prepared, served and consumed on the premises.

(c) The governing body of such a county or municipality may, by ordinance, authorize any other establishment otherwise licensed to sell alcoholic beverages, distilled spirits, malt beverages or wines for con sumption on the premises to engage in such sales at any time from 11:55 p.m. on Saturdays and until 2:00 a.m. on Sundays; provided, however, that the proviso in subsection (a) applicable to municipalities shall also be applicable to sales in establishments pursuant to this subsection.
(d) The governing body of such a county or municipality is hereby authorized to provide for special licenses for and charge a license fee to establishments which engage in sales of such beverages at any time from 11:55 p.m. on Saturdays and until 2:00 a.m. on Sundays. The license fee shall be set by the governing body.

Section 2. After the date of the approval of this Act by the Gov ernor or after it otherwise becomes law, it shall be the duty of the election superintendent of each county having a population of not less than 100,000 and not more than 150,000, according to the United States Decennial Census of 1970 or any future such census, to issue the call for an election for the purpose of submitting to the electors of each such county the question of whether Section 1 of this Act shall be approved or rejected. The superintendent shall set the date of such election to coincide with the date of the first regular election or special election, whichever occurs first, held in any such county after the effective date

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JOURNAL OP THE SENATE,

of this Section; provided, however, that the date of the election shall be not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preced ing the date thereof in the official organ of each such county.

The ballot shall have written or printed thereon the words:

"( ) YES Shall the provisions of the Act authorizing the governing body of this county and municipalities
( ) NO located therein to permit the sale of alcoholic bever ages, distilled spirits, malt beverages and wines for consumption on the premises at any time from 11:55 p.m. on Saturdays and until 2:00 a.m. on Sundays 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, other wise it shall be void and of no force and effect.

The expense of such election shall be borne by such counties. 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 3. Section 2 of 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 30, nays 4, 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, the yeas were 30, nays 4.

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

HB 274. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for a system of pensions for officers and employees of cities having a population over 300,000, and to amend all Acts which have amended that Act, so as

TUESDAY, MARCH 1, 1977

1453

to provide credit to active and retiring members of such system for fractional parts of years in all computations of creditable service.

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

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

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

HB 275. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for pensions for members of police departments in cities having a population over 300,000, and to amend all Acts which have amended that Act, so as to provide credit to active and retiring members for fractional parts of years in all computations of creditable service.

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

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

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

HB 276. By Representatives Marcus of the 26th and Greer of the 43rd:
A bill to amend an Act which, as amended, provides for a system of pension and other benefits for members of paid fire departments in cities having a population over 300,000, and to amend a1 ! Acts which have amended that Act, so as to provide credit to active and retiring members of such system for fractional parts of years in all computations of creditable service.

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

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

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

HB 774. By Representatives Buck of the 95th, Cason of the 96th, Bishop of the 94th and others:
A bill to amend an Act creating the Muscogee County School District,

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JOURNAL OF THE SENATE,

as amended, so as to change the maximum amount for which the Superintendent of the Board of Education may make contracts.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 774 by striking from Section 1 on line 21 of Page 1 the following:
"$1,500.00",
and inserting in lieu thereof the following:
"$1,000.00".
By striking from Section 1 on line 1 of Page 2, and line 5 of Page 2, the following:
"$1,500.00",
and inserting in lieu thereof the following:
"$1,000.00".

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

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

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

Allgood Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Dean of 6th

Dean of 31st Doss Eldridge English Evans Fincher Foster Gillis Hill Holloway

Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk

TUESDAY, MARCH 1, 1977

1455

Pearce Reynolds Riley Robinson Russell Scott Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger Walker Wessels

Those not answering were Senators:

Bond Broun of 46th

Coverdell Duncan

Greene Langf ord

Senator Hudson of the 35th introduced the chaplain of the day, Reverend Ronald Hinson, pastor of the First Baptist Church, Hapeville, Georgia, who offered prayer.

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

HB 901. By Representatives Cooper, Kaley and Wilson of the 19th, Burruss and Housley of the 21st and others:
A bill to reincorporate the City of Marietta in Cobb County; to create a new charter for said city; to provide for the powers, rights and duties of said city; to repeal certain provisions of an Act creating a new Charter for the City of Marietta, in the County of Cobb, as amended.
Referred to Committee on County and Urban Affairs.

HB 944. By Representative Jessup of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, as amended, so as to change the compensation of the com missioners; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 945. By Representative Jessup of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the provisions relative to the compensation of the members of said Board. Referred to Committee on County and Urban Affairs.

HB 985. By Representatives Randall of the 101st and Lucas of the 102nd:
A bill to amend an Act establishing the Board of Commissioners of Bibb County, as amended, so as to change the number, composition and method of election of members of the board of commissioners; to provide for commissioner districts. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1034. By Representative Castleberry of the lllth:
A bill to amend an Act abolishing the present method of compensating the Sheriff of Stewart County, known as the fee system, and providing in lieu thereof an annual salary, as amended, so as to change the compensation of the sheriff's deputy. Referred to Committee on County and Urban Affairs.

HB 1035. By Representative Castleberry of the lllth:
A bill to amend an Act placing the Sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the compensation of personnel. Referred to Committee on County and Urban Affairs.

HB 1036. By Representative Castleberry of the lllth:
A bill to provide for the salary of the Sheriff of Chattahoochee County; to provide for other matters relative to the foregoing; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1037. By Representatives Veazey and Patten of the 146th:
A bill to amend an Act creating a. new charter for the City of Tifton as amended, so as to extend the corporate limits of the City of Tifton; to provide for a referendum; to provide an effective date. Referred to Committee on County and Urban Affairs.
HB 1038. By Representatives Veazey and Patten of the 146th:
A bill to provide a new Charter for the City of Tifton; to repeal the Charter provided by an Act approved Aug. 14, 1920, as amended; to provide for definitions; to provide for the corporate boundaries; to provide for corporate powers. Referred to Committee on County and Urban Affairs.
HB 1040. By Representatives McDonald of the 12th and Irvin of the 10th:
A bill to amend an Act placing the Sheriff of Banks County on an annual salary in lieu of the fee system of compensation so as to provide that the governing authority of Banks County shall furnish the sheriff with the necessary automobiles and equipment for the proper operation of his office including communications equipment, maintenance, repairs, gas and oil for said automobiles. Referred to Committee on County and Urban Affairs.
HB 1041. By Representatives McDonald of the 12th and Irvin of the 10th:
A bill to amend an Act creating a Board of Commissioners of Banks County, as amended, so as to change the compensation of the chairman and the other members of the board of commissioners. Referred to Committee on County and Urban Affairs.

TUESDAY, MARCH 1, 1977

1457

HB 1042. By Representatives McDonald of the 12th and Irvin of the 10th:
A bill to provide a salary for the Coroner of Banks County; to provide for reimbursement by the governing authority of Banks County of all necessary expenses incurred by the coroner in fulfilling his duties. Referred to Committee on County and Urban Affairs.

HB 1043. By Representative Irvin of the 10th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens, as amended, so as to change the compensation of said Commissioners. Referred to Committee on County and Urban Affairs.

HB 1058. By Representative Irvin of the 10th:
A bill to amend an Act of the General Assembly of Georgia incorporating the City of Toccoa, as heretofore amended, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits of said city. Referred to Committee on County and Urban Affairs.

HB 1059. By Representative Ross of the 76th:
A bill to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Warren County, Georgia, and creating the office of Tax Commissioner of Warren County, Georgia, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.
HB 1060. By Representative Ross of the 76th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County, as amended, so as to provide for the collection of certain commissions and the payment of the same into the county treasury. Referred to Committee on County and Urban Affairs.
HB 1062. By Representative Hatcher of the 131st:
A bill to amend an Act placing the Sheriff of Baker County on an annual salary in lieu of the fee system of compensation so as to authorize the governing authority of Baker County to provide for a supplement to the compensation of the Sheriff of Baker County. Referred to Committee on County and Urban Affairs.
HB 1067. By Representative Carrell of the 75th:
A bill to provide for an expense allowance for the Judge and District Attorney of the Superior Court of the Alcovy Judicial Circuit from the funds of Walton County; to provide an effective date. Referred to Committee on County and Urban Affairs.

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HB 1068. By Representative Carrell of the 75th:
A bill to provide for a cost-of-living increase to the compensation salaries, expenses and allowances of the Sheriff, the Tax Commissioner, the Judge of the Probate Court and the Clerk of the Superior Court of Walton County. Referred to Committee on County and Urban Affairs.

HB 1069. By Representatives Home of the 104th, Birdsong of the 103rd, Lucas of the 102nd and others:
A bill to change the provisions relative to the compensation and expenses of the elective members of the Board of Public Education and Orphanage of Bibb County. Referred to Committee on County and Urban Affairs.

HB 1071. By Representatives Phillips of the 120th and Rush of the 121st:
A bill to amend an Act creating the Board of Commissioners of Toombs County, as amended, so as to change the provisions relating to the election of members of the board of commissioners; to provide for districts. Referred to Committee on County and Urban Affairs.

HB 1078. By Representatives Hill of the 127th, Taggart of the 125th, Scott of the 123rd and others:
A bill to amend an Act providing for the compensation of the Judge of the Probate Court of Chatham County, as amended, so as to change the provisions relative to the compensation of the Judge of the Probate Court of Chatham County. Referred to Committee on County and Urban Affairs.

HB 1086. By Representatives Jones of the 78th and Adams of the 79th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Pike 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 office shall become the property of the county. Referred to Committee on County and Urban Affairs.

HB 1088. By Representatives Housley and Burruss of the 21st, Cooper and Wilson of the 19th and Harrison of the 20th:
A bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the provisions relative to the compensation of said officers. Referred to Committee on County and Urban Affairs.

TUESDAY, MARCH 1, 1977

1459

HB 1090. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, as amended, so as to provide procedures for the collection, payment and accounting of monies payable to the court. Referred to Committee on County and Urban Affairs.

HB 1091. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of Commissioner of Bleckley County, as amended, so as to change the provisions relative to the expense allowance of the commissioner; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1092. By Representatives Glanton and Johnson of the 66th:
A bill to amend an Act establishing a new charter for the City of Carrollton, as amended, so as to change the maximum fine of a certain police court; to provide for a recorder for said court, how elected and the duties, power, authority and salary thereof. Referred to Committee on County and Urban Affairs.

HB 1093. By Representatives Jones of the 78th and Adams of the 79th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, as amended, so as to change the compensation of the deputy tax commissioner; to provide for minimum compensation for the deputy tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1094. By Representatives Jones of the 78th and Adams of the 79th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Pike County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.
HB 1098. By Representatives Argo of the 63rd, Logan of the 62nd and Russell of the 64th:
A bill to provide for the combination of the present functions of the Magistrate's Court of Clarke County, Ga., and the Recorder's Court of the City of Athens, Ga., into one court; to provide for the manner of selection of the judge of this court. Referred to Committee on County and Urban Affairs.
HB 1099. By Representatives Logan of the 62nd, Russell of the 64th and Argo of the 63rd:
A bill to amend an Act establishing a city court in the County of Clarke (now known as the State Court of Clarke County) so as to change the

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JOURNAL OF THE SENATE,

provisions relating to the number and selection of jurors in civil and misdemeanor trials in said court.
Referred to Committee on County and Urban Affairs.

HB 1100. By Representative Owens of the 77th:
A bill to change the compensation of coroners in all counties of this State having a population of not less than 22,320 and not more than 22,500, according to the United States Decennial Census of 1970 or any future such census. Referred to Committee on County and Urban Affairs.

HB 1102. By Representative Ross of the 76th:
A bill to provide for a Board of Commissioners of Warren County; to provide for elections and terms of office; to provide for election districts; to provide for vacancies; to provide for meetings of the board; to provide for compensation of members of the board; to provide for bonds. Referred to Committee on County and Urban Affairs.

HB 1104. By Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th and others:
A bill to amend an Act entitled an Act to authorize the Board of Public Education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions for old age and disabilities of its teachers and employees, and to contribute the necessary funds therefor from the public monies committed to its charge, and to adopt reasonable rules and regulations for the administra tion of said system of pensions.
Referred to Committee on County and Urban Affairs.

HB 1105. By Representative Reaves of the 147th:
A bill to amend an Act placing the Sheriff of Banks County on a salary basis, in lieu of the fee system of compensation, as amended, so as to change the provisions relative to the compensation of the chief deputy sheriff. Referred to Committee on County and Urban Affairs.

HB 1106. By Representatives Lee, Johnson, Benefield and Wood of the 72nd:
A bill to amend an Act creating a new charter for the City of Morrow so as to change the date of elections in said city. Referred to Committee on County and Urban Affairs.

HB 1107. By Representatives Hatcher of the 131st, White of the 132nd, McCollum of the 134th and others:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, as amended, so as to change the salary of the clerk of the superior court of said county. Referred to Committee on County and Urban Affairs.

TUESDAY, MARCH 1, 1977

1461

HB 1108. By Representative Phillips of the 91st:
A bill to provide that the governing authority of Harris County shall maintain a list of all county officers and employees, together with their individual salaries, expense allowances and other fringe benefits; to provide that said list shall be available for public inspection. Referred to Committee on County and Urban Affairs.

HB 1039. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the com pensation of the official court reporters of the Clayton Judicial Circuit. Referred to Committee on County and Urban Affairs.

HB 306. By Representatives Tucker of the 73rd, Ross of the 76th and Evans of the 84th:
A bill to amend an Act authorizing area, county and independent boards of education to adopt policies relating to the use of corporal punishment, so as to provide for cortain requireme-.' ; in connection with administering corporal punishment. Referred to Comwittee on Education.

HB 442. By Representative Colwell of the 4th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", as amended, so as to change the provisions relative to the State Agency for Surplus Property. Referred to Committee on Education.

HB 633. By Representatives Nichols of the 27th, Carlisle of the 71st, Noble of the 48th and others:
A bill to require that pawnbrokers maintain permanent records of business transactions; to provide for the inspection of said records by duly authorized law enforcement officers. Referred to Committee on Judiciary.

HB 776. By Representatives Smyre of the 92nd, Bishop of the 94th and Thompson of the 93rd:
A bill to provide that in each consolidated government of this State within the limits of which the sale of alcoholic beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours. Referred to Committee on Consumer Affairs.
HB 1047. By Representative Taggart of the 125th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to

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JOURNAL OF THE SENATE,

provide that no initial license to sell distilled spirits or alcoholic beverages shall be issued by the Revenue Commission until the applicant has exhibited a license granted by the municipality.
Referred to Committee on Consumer Affairs.

HB 1109. By Representative Phillips of the 91st:
A bill to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris, to gether with their individual salaries, supplements, expenses and other emoluments. Referred to Committee on County and Urban Affairs.

HR 293. By Representative Adams of the 79th:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000.00 from all City of Thomaston ad valorem taxes, including ad valorem taxes for the city school district, for residents of the City of Thomaston, Ga., who are disabled and who have a net income not exceeding $10,000.00 for the immediately preceding taxable year.
Referred to Committee on County and Urban Affairs.

HR 296. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Morrow who are 65 years of age or over or who are totally disabled, and whose gross income does not exceed $4,000.00 per annum, shall be granted a homestead exemption of $8,000.00 from ad valorem taxation by said city. Referred to Committee on County and Urban Affairs.

The following resolutions of the Senate and House were read and adopted:
SR 140. By Senators Foster of the 50th and Kennedy of the 4th: A resolution commending Mr. David E. England.

SR 141. By Senator Timmons of the llth: A resolution commending Mr. William Warner King.

HR 320. By Representatives Knight of the 67th, Greer of the 43rd, Glover of the 32nd and others:
A resolution commending Donna Adams Wilmer.

TUESDAY, MARCH 1, 1977

1463

SENATE RULES CALENDAR Tuesday, March 1, 1977

SB 16 Electronic Equipment--regulate repairing, servicing (SUB)
SB 212 Motor Carrier--redefine (SUB)
SB 246 Non-Profit Contractor--require those contracting with State Agency
SB 256 Appeals to Board of Education & Superior Court--procedure (SUB)
SB 309 Marriage & Family Counselor Licensing Act--change definitions
SB 315 Child Support Recovery Act--parents make wage assignments
SB 325 Arrest by Private Person--procedures subsequent to
SB 330 Hospitals, Health Care Facilities--prohibit smoking certain places
SR 42 Fulton County Board of Education--increase Retirement Benefits
SR 111 Easement for Construction of Barge Unloading Facility--Savannah Electric (AM) Respectfully submitted,

lal Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general bill of the Senate, having been lost on February 3, reconsidered February 4 and committed to the Committee on Consumer Affairs, favorably reported by the committee on February 28, was put upon its passage:

SB 16. By Senators Robinson of the 27th, Greene of the 26th and Barker of the 18th:
A bill to regulate the business of repairing, servicing and maintaining electronic equipment; to provide for a short title; to provide for defini tions; to provide for the registration of electronic repair service dealers.

The Senate Committee on Consumer Affairs offered the following sub stitute to SB 16:
A BILL
To be entitled an Act to amend an Act known as the "Fair Business Practices Act of 1975", approved April 10, 1975 (Ga. Laws 1975, p. 376), so as to provide for additional unfair and deceptive acts and practices in the repair of goods or real property; 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:

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Section 1. An Act known as the "Pair Business Practices Act of 1975", approved April 10,1975 (Ga. Laws 1975, p. 376), is hereby amended by adding to subsection (b) of Section 3 a new paragraph (12), to read as follows:

"(12) In the repair of goods and real property it shall be an unfair or deceptive act or practice to:

(A) misrepresent that a repair in needed when it is not;

(B) misrepresent that a repair has been done when it has not;

(C) misrepresent what repair is needed;

(D) charge more than the fee agreed to by a consumer prior to the disassembly of any good, to reassemble such part;

(E) fail to provide a written estimate for repairs when re quested by a consumer;

(F) make any false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of a good;

(G) fail to perform promised repairs within the period of time agreed, or within a reasonable time, unless circumstances beyond the control of the repair business of which the business did not have reason to know at the time of consignment, prevent the timely performance of the repairs."

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 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 6th Dean of 31st Doss

Duncan Evans Fincher Foster Greene Hill

Holloway Howard Hudgins Johnson Kidd Lester Overby Pearce

TUESDAY, MARCH 1, 1977

1465

Reynolds Riley Robinson Scott Shapard Starr Stephens Stumbaugh

Button Tate Thompson Traylor Tysinger Walker Wessels

Those voting in the negative were Senators:

Allgood Brown of 47th Eldridge English

Gillis Kennedy McGill Paulk

Those not voting were Senators:

Bond Hudson

Langford

Russell Timmons Turner
Summers

On the passage of the bill, the yeas were 41, nays 11.

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

Senator Robinson of the 27th moved that SB 16 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 1; the motion prevailed, and SB 16 was immediately transmitted to the House.

Senator Hudgins of the 15th moved that the following bill of the House, having been read the first time and committed to the Committee on Consumer Affairs today, be withdrawn from the Committee on Consumer Affairs and com mitted to the Committee on County and Urban Affairs:

HB 776. By Representatives Smyre of the 92nd, Bishop of the 94th and Thompson of the 93rd:
A bill to provide that in each consolidated government of this State within the limits of which the sale of alcoholic beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours.

On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 776 was withdrawn from the Committee on Consumer Affairs and committed to the Committee on County and Urban Affairs.

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Senator McGill of the 24th moved that the following general bill of the Senate, favorably reported by the committee, be committed to the Committee on Trans portation:

SB 212. By Senators McGill of the 24th, English of the 21st, Timmons of the llth and others:
A bill to amend Code Section 68-502, relating to the definition of certain terms used in Code Chapter 68-5, known as the "Motor Carrier Act of 1931", as amended, so as to change the definition of the term "motor carrier".

On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 212 was committed to the Committee on Transportation.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

The following general bill of the Senate, having been read the third time on February 14 and committed to the Committee on Economy, Reorganization and Efficiency in Government, favorably reported by the committee on February 28, was put upon its passage:

SB 246. By Senators Starr of the 44th and Langford of the 51st:
A bill to amend an Act requiring certain reports of nonprofit con tractors who contract with State agencies, so as to provide that the provisions of the Act shall not apply to contracts less than $10,000 in amount; to provide an effective date.
Senator Pearce of the 16th offered the following substitute to SB 246:
A BILL
To be entitled an Act to amend an Act requiring State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency, approved March 31, 1976 (Ga. Laws 1976, p. 1414), so as to change certain def initions; to change the provisions relative to certain reports required by said Act; to change certain time periods applicable to such reports; 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:
Section 1. An Act requiring State agencies to require certain re ports and agreements from nonprofit contractors who contract with and receive public funds from the State agency, approved March 31, 1976 (Ga. Laws 1976, p. 1414), is hereby amended by adding in Section l(b) after the words "their agencies", the following:

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1467

"or authorities, nonprofit hospitals, Statewide associations of local governments, or any educational institution of higher learning located in Georgia which is accredited by the Southern Association of Colleges and Schools",

so that when so amended, Section l(b) shall read as follows:
"(b) 'Nonprofit contractor' means any individual, partnership, corporation, association, organization or similar entity which con tracts with and receives public funds from a State agency to provide services on a nonprofit basis. The term 'nonprofit contractor' shall include only those entities, no part of the income or profit of which is distributable to its members, directors, officers or any other private person. The term 'nonprofit contractor' shall not include the federal government, state or local governments or school systems or their agencies or authorities, nonprofit hospitals, Statewide as sociations of local governments, or any educational institution of higher learning located in Georgia which is accredited by the Southern Association of Colleges and Schools but shall include Area Planning and Development Commissions (APDC's), Coopera tive Education Services Agencies (CESA's), and Community Action Agencies."
Section 2. Said Act is further amended by striking Section 3 (a) (1) in its entirety and substituting in lieu thereof a new Section 3 (a) (1), to read as follows:
"(1) furnish the State agency, within 90 days after execution of a contract, with a certified financial statement of the nonprofit contractor's total receipts and expenditures for the nonprofit con tractor's previous fiscal year, including an individual listing of each employee and his salary and reimbursable expenses, a listing of the source of income of the nonprofit contractor by category, and a listing of the source of all public funds received by the nonprofit contractor and the program for which received;".
Section 3. Said Act is further amended by striking Section 3 (a) (2) in its entirety and substituting in lieu thereof a new Section 3 (a) (2), to read as follows:
"(2) agree in writing to furnish annually after the end of the nonprofit contractor's fiscal year the State Auditor and the State agency with the report of an auditor covering the nonprofit contractor's total receipts and expenditures for the fiscal year just ended, which report, unless otherwise provided in State law, shall contain at least the information required by the Code of Federal Regulations, Title 34, Part 256 (hereinafter referred to as '34 CFR Part 256'), Appendix G 'Standards for Grantee Financial Manage ment Systems', Subparagraph 2.h as it exists on the effective date of this Act, and including in such report an individual listing of each employee and his salary and reimbursable expenses;".

Section 4. Said Act is further amended by adding in Section 3 (a) (3) following the words "annual basis", the following:

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"after the end of the nonprofit contractor's fiscal year",

so that when so amended, Section 3(a) (3) shall read as follows:

"(3) agree in writing to provide on an annual basis after the end of the nonprofit contractor's fiscal year, a summary statement, for each contracted program, of the services delivered, number of people served, and such other information as the State agency shall require, a copy of which shall be furnished to the State Auditor; and".

Section 5. Said Act is further amended by striking Section 3(b) in its entirety, which reads as follows:

"(b) Where, during the nonprofit contractor's previous fiscal year, unless otherwise provided in State law, 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 designated 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 agencies 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 Section 3((a) (2) and 3(a) (3), then the State agency shall accept such reports as fulfilling such requirements.",

and substituting in lieu thereof a new Section 3(b), to read as follows:

"(b) For the purposes of Section 3(a) (1), (2) and (3) where for any nonprofit contractor's fiscal year

(1) there are or will be in operation during such fiscal year contracts from more than one State agency but no contracts or grants from any federal agency, then the reports required by such Sections prepared for the agency with the predominant interest, as determined by the State Auditor, shall be accepted by the other State agencies as fulfilling such requirements; or

(2) there are in operation during such fiscal year contracts from one or more State agencies and contracts or grants from one or more federal agencies and the nonprofit contractor was required to provide reports to the federal agency or agencies which substan tially comply with the requirements of such Sections, then the State agency shall accept such reports as fulfilling such requirements."

Section 6. Said Act is further amended by striking Section 3 (f) in its entirety, which reads as follows:

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1469

" (f) A nonprofit contractor shall furnish the State Auditor and State agency with the financial audit required by Section 3(a) (1) and the summary statement required by Section 3(a) (2) within ninety days after the end of the annual reporting period.",

and substituting in lieu thereof a new Section 3(f), to read as follows:

"(f) A nonprofit contractor shall furnish the State Auditor and the State agency with a financial audit required by Section 3(a) (2) and the summary statement required by Section 3(a) (3) within ninety (90) days after the end of the annual reporting period unless the State agency, in its discretion, authorizes additional time for the filing of such report. In no case shall such information be filed later than one hundred fifty (150) days after the end of the annual reporting period."

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Shapard of the 28th and Starr of the 44th offered the following amendment:
Amend the substitute offered by Senator Pearce of the 16th to SB 246 by inserting between Sections 1 and 2 a new Section 1A to read as follows:
"Section 1A. Said Act is further amended by adding at the end of Section 1 a new subsection (c) to read as follows:
'(c) Private nonprofit agencies who agree in writing to submit to the State Agency and State Auditor each State or Federal audit as mandated by and at least meeting the requirements imposed by the Code of Federal Regulations Title 34, Part 256 (hereinafter referred to as 134 CFR Part 256). Appendix G. Standards for Grantee Financial Management Systems, Subparagraph 2h as it exists on July 1, 1977, including in such report an individual listing of each employee, his annual salary expenses paid in whole or in part from Contract funds and an annual summary statement of services delivered, number of people served and such additional information as required shall be exempt from the provisions of this Act.' "

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 44, 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.

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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:

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

Pincher Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Those not voting were Senators:

Bond

Holloway (presiding)

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Langford

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Riley of the 1st moved that SB 246 be immediately transmitted to the House.
On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 246 was immediately transmitted to the House.
The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 309. By Senators Shapard of the 28th and Evans of the 37th:

A bill to amend an Act known as the "Marriage and Family Counselor

Licensing Act", so as to change certain definitions; to change the pro

visions relative to qualifications for licensure as a practicing marriage

and family counselor.

'

TUESDAY, MARCH 1, 1977

1471

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:

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

English Evans Fincher Foster Gillis Greene Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Robinson Scott Shapard Starr Stephens Stumbaug Summers Button Tate Thompsor Traylor Turner Tysinger Walker

Those not voting were Senators :

Duncan Hill Holloway (presiding)

Hudgins Langford Riley

Russell Timmons Wessels

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Shapard of the 28th moved that SB 309 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 309 was immediately transmitted to the House.

SB 315. By Senators Greene of the 26th, Overby of the 49th and Walker of the 19th:
A bill to amend an Act known as the "Child Support Recovery Act", as amended, so as to provide that parents may make wage assignments to the Department of Human Resources to fulfill their obligations under this Act; to provide that employers may comply with said assignments.

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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

English Evans Fincher Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk

Reynolds Riley Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan Holloway (presiding) Hudgins

Langford Pearce Robinson

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 325. By Senators Broun of the 46th and Banks of the 17th:
A bill to amend Chapter 27-2 of the Code of Georgia, as amended, relating to arrests, so as to provide for procedures subsequent to an arrest by a private person; to provide for other 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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Eldridge English Evans Fincher Foster Gillis

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1473

Greene Hill Howard Johnson Kennedy Kidd Lester McGill Overby

Paulk Reynolds Riley Russell Scott Shapard Starr Stumbaugh Summers

Button Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Duncan Holloway (presiding) Hudgins

Hudson Langford Pearce

Robinson Stephens

On the passage of the bill, the yeas were 48, nays 0.

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

SB 330. By Senator Howard of the 42nd:
A bill to amend Code Section 26-9910, relating to the prohibition against smoking in public places, so as to prohibit smoking in certain places in hospitals and health care facilities.

Senator Greene of the 26th offered the following substitute to SB 330:
A BILL
To be entitled an Act to amend Code Section 26-9910, relating to the prohibition against smoking in public places, so as to prohibit smoking in certain places in hospitals and health care facilities; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 26-9910, relating to the prohibition against smoking in public places, is hereby amended by adding following sub section (a), the following:
"(b) A person who shall smoke tobacco in any form in a hospital or health care facility, except (1) an enclosed private room, or (2) an enclosed private administrative office, or (3) a clearly designated and enclosed smoking lounge, shall be guilty of a misdemeanor."
Section 2. Said Code Section is further amended by striking sub section (b) in its entirety and substituting in lieu thereof, the following:
"(c) A person convicted of violating subsection (a) or sub-

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section (b) shall be punished by a fine of not less than $10 nor more than $100."

Section 3. Said Code Section is further amended by renumbering subsection (c) as subsection (d).

Section 4. 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 Senator Greene of the 26th to SB 330 by striking from lines 14 and 15 the words "guilty of a misde meanor.", and inserting in lieu thereof the words "punished as provided in Section 2 (c)."

On the adoption of the amendment, the yeas were 39, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 39, nays 4, 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:

Allgood Ballard Barker
Barnes Bell Bond Brantley Broun of 46th
Carter Coverdell Dean of 31st
Doss Eldridge Evans

Fincher Foster Greene Hill Howard Hudgins Hudson Johnson Kidd McGill Overby Paulk Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Summers Tate Thompson
Timmons Tysinger Wessels

Those voting in the negative were Senators:

Banks Brown of 47th Dean of 6th English

Gillis Kennedy Lester Pearce

Button Traylor Turner Walker

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1475

Those not voting were Senators:

Duncan

Holloway (presiding)

Langford

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 Howard of the 42nd moved that SB 330 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 2; the motion prevailed, and SB 330 was immediately transmitted to the House.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 597. By Representatives Coleman of the 118th, Twiggs and Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Peace Officer Standards and Training Act", as amended, so as to provide for the registration of exempt peace officers; to provide for the continuation of such exemption.

Senator Barnes of the 33rd moved that the Senate insist upon its amendment to HB 597.

On the motion, the yeas were 39, nays 1; the motion prevailed, and the Senate insisted upon its amendment to HB 597.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 178. By Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount by which the jurisdiction of the court is limited with respect to cases involving injury to the person; to provide for the creation of a dead docket for said court.

The House amendment was as follows:
Amend SB 178 by inserting, following the word "court", on line 27 of Page 1, the following:

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"; to change certain costs in said court".

By renumbering Sections 3 and 4 as Sections 4 and 5, respectively.

By adding, following Section 2 ending on line 29 of Page 5, a new Section 3, to read as follows:

"Section 3. Said Act creating the State Court of Cobb County (formerly the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 1, 1969 (Ga. Laws 1969, p. 2460), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3597), is further amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20, to read as follows:

'Section 20. From and after May 1, 1977, each party filing a suit or proceeding of any character, except a garnishment proceed ing, in the State Court of Cobb County shall deposit with the clerk of said court, except as hereinafter provided, the total cost, which shall include judgment and fi. fa. for all suits and proceedings of any character, except garnishment proceedings and proceedings against tenants holding over, irrespective of how they shall be terminated, which shall be $10.00 plus $4.00 for each defendant more than one, provided, however, where the principal amount in volved is more than $300.00, the cost shall be $20.00 plus $6.00 for each defendant more than one. The total cost, except as hereinafter provided for a garnishment proceeding, irrespective of how it shall be terminated, shall be $10.00 plus $4.00 for each summons more than one, provided, however, where the principal amount involved is more than $300.00 the cost shall be $20.00 plus $6.00 for each summons more than one. The total cost, except as hereinafter pro vided, for a proceeding against tenant holding over, irrespective of how it shall be terminated, shall be $15.00 plus $4.00 for each summons more than one. In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows:

For issuing scrie facias each defendant including service
For each verdict rendered more than one and docketing same
For each judgment more than one and docketing same
For each motion for a new trial and docketing same
For affidavit to obtain alias fi. fa.
For taking and approving supersedeas bond
For answering each writ of certiorari
For filing and docketing each appeal to the appellate division, including filing all briefs

$3.00
$2.00
$3.00 $1.00 $1.00 $3.00 $3.00 $3.00

TUESDAY, MARCH 1, 1977

1477

For each motion for judgment notwithstanding the verdict and docketing same
For entering judgment or remittitur from the Court of Appeals or the Supreme Court
For exemplification of records, per hundred words
For affidavit where no cause is pending
For certificate and seal of court
For certified copy under Code Section 38-627
For filing and docketing each traverse of answer of garnishment including service

$1.00
$3.00
$ .20 $1.00 $1.50 $2.50 $6.00

Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing.

MARSHAL
For levying each fi. fa. where amount involved is $300.00 or less
For levying each fi. fa. where amount involved is over $300.00
For each search and return of nulla bona
For advertising personal property for sale
For settling fi. fa. from another court
For marshal's bill of sale to personalty

$3.00
$6.00
$3.00 $5.00 $5.00 $6.00

Commission on personal property of the marshal's sale shall be 5% on the first $1,000.00 and 3% on all amounts in excess of $1,000.00; the marshal's fee shall be $10.00 for levy on real property; the marshal's fee for a marshal's deed shall be $10.00.

Provided further, the clerk of said court is hereby authorized to deduct from the total costs of each and every suit or proceeding filed in said court and pay to the treasurer of the Cobb County Law Library the amount as by law provided to be withheld.

In all cases requiring the transport and storage of personalty, the fee and costs therefor shall be such reasonable costs as shall be required of the officer to obtain such service.

All costs not provided for herein shall be charged for and col lected by said court on the same basis as costs now fixed or which may hereafter be fixed by law for the Superior Court of Cobb County. The costs in criminal matters in said court, and before the judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Superior Court of Cobb County.'".

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Senator Barnes of the 33rd moved that the Senate agree to the House amend ment to SB 178.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 178.

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

SR 42. By Senator Stephens of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of retirement or pension benefits of individuals who retired purusant to an Act providing a system of pension and retirement pay for teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, and the beneficiaries of such individuals; to provide for the submission of this amendment for rat ification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article X, Section I, Paragraph V of the Constitution of the State of Georgia is hereby amended, by adding at the end thereof, a new subparagraph which shall be known as subparagraph D, which shall read as follows:
"D. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to pro vide by law, from time to time, for the increase of retirement or pension benefits of individuals who have retired in accordance with an Act providing a system of pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. Laws 1945, p. 528), as heretofore or hereafter amended, and an increase in the retirement or pension benefits of beneficiaries of such individuals. Any legislation here tofore passed by the General Assembly of Georgia authorizing in crease in retirement or pension benefits for such individuals, is hereby confirmed and ratified and shall become of full force and effect upon the ratification of this amendment. All increased re tirement or pension benefits authorized by the General Assembly pursuant to this amendment, shall be payable from pension funds."
Section 2. The above-proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Para graph I of the Constitution of Georgia of 1976, as amended. The balance admitting the above-proposed amendment shall have written or printed thereon the following:

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1479

"( ) YES Shall the Constitution be amended so as to au thorize the General Assembly to provide by law for the increase of retirement and pension bene-
( ) NO fits for individuals retired pursuant to an Act providing a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, and their beneficiaries, and ratifying any such increases heretofore authorized by the General Assembly."

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 following fiscal note, as required by law, was read by the Secretary:

January 28, 1977

MEMORANDUM

TO:

The Honorable E. G. Summers, Chairman

Senate Retirement Committee

FROM:

William M. Nixon, State Auditor Richard B. Cobb, Deputy Director Office of Planning and Budget

SUBJECT:

Fiscal Note--Senate Resolution 42 Fulton County Teachers Retirement System

This Resolution proposes a Constitutional Amendment which, if passed, would authorize the General Assembly to increase retirement benefits for persons already retired from the Fulton County Teachers'
Retirement System. An Act passed in March, 1976 (Ga. L. 1976, p. 3058), called for such payments, but, according to executors of the retirement system, the legality of that Act is suspect. No payments are due under the provisions of the 1976 law until July, 1977, and no legal challenge to the existing law has been initiated. A Bill currently before the Senate (SB-119) would make such payments dependent on passage of this Amendment.

Since this Resolution affects a local system it should have no fiscal impact on the State. The Resolution itself has no fiscal impact on the local system, as it only proposes a Constitutional Amendment. If passed, however, that Amendment could affect the previously mentioned law and Senate Bill.
Is/ William M. Nixon William M. Nixon, State Auditor
/a/ Richard B. Cobb Richard B. Cobb, Deputy Director Office of Planning and Budget

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JOURNAL OF THE SENATE,

Senator Stephens of the 36th offered the following amendment:

Amend SR 42 by striking on Page 2, line 10 the words "balance admitting" and inserting in lieu thereof the words "ballot submitting".

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 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:

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

Evans Fincher Foster Gillis Greene Hill Howard Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson
Scott Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Duncan Holloway (presiding)

Hudgins Langford

Russell

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 as amended.

SR 111. By Senators Riley of the 1st, Wessels of the 2nd and Traylor of the 3rd:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Savannah Elec tric and Power Company, a Georgia public service corporation, an ease-

TUESDAY, MARCH 1, 1977

1481

ment for the construction, operation and maintenance of a barge un loading facility, an intake structure and a discharge structure.

The Senate Committee on Public Utilities offered the following amendment:

Amend SR 111 by striking on Page 3, line 19, after the word "public" the phrase "of any navigable waters involved herein".

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 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:

Those voting in the affirmative were Senators:

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

Evans Fincher Foster Gillis Greene Hill Howard Hudson Johnson
Kennedy
Kidd
Lester
McGill
Overby
Paulk
Pearce
Reynolds

Riley Robinson Russell Scott Shapard Starr Stumbaugh Summers Sutton
Thompson
Timmons
Traylor
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Duncan Holloway (presiding)

Hudgins Langford

Stephens Tate

On the adoption of the resolution, the yeas were 50, nays 0.

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

Senator Riley of the 1st moved that SR 111 be immediately transmitted to the House.

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On the motion, the yeas were 36, nays 0; the motion prevailed, and SR 111 was immediately transmitted to the House.

SB 256. By Senator Barker of the 18th:
A bill to amend Code Section 32-910, relating to the powers of local boards of education as a tribunal for hearing and determining local controversies in reference to the construction and administration of the school law, and to appeals to the State Board of Education, as amended, so as to redefine the procedure for appeals to the State Board of Education and Superior Court; to define scope of review.

The Senate Committee on Education offered the following substitute to SB 256:
A BILL
To be entitled an Act to amend Code Section 32-910, relating to the powers of local boards of education as a tribunal for hearing and deter mining local controversies in reference to the construction and adminis tration of the school law, and to appeals to the State Board of Education, as amended by acts approved March 27, 1947 (Ga. Laws 1947, p. 1189), January 31, 1961 (Ga. Laws 1961 Vol. I, p. 39) and April 25, 1969 (Ga. Laws 1969 Vol. I, p. 708), so as to redefine the procedure for ap peals to the State Board of Education and Superior Court; to define scope of review; to prescribe an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Section 32-910, relating to the powers of local boards of education as a tribunal for hearing and determining local con troversies in reference to the construction and administration of the school law, and to appeals to the State Board of Education, as amended by acts approved March 27, 1947 (Ga. Laws 1947, p. 1189), January 31, 1961 (Ga. Laws 1961 Vol. I, p. 39) and April 25, 1969 (Ga. Laws 1969 Vol. I, p. 708), is hereby amended by striking said section in its entirety and inserting in lieu thereof the following:
"32-910. (a) Every county, city or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary, and when such board has made a decision, it shall be binding on the parties.
(b) Any party aggrieved by a decision of the local board of education rendered on a contested issue after a hearing shall have the right to appeal therefrom to the State Board of Education. The appeal shall be in writing and shall distinctly set forth the question in dispute, the decision of the local board, a concise statement of the reasons why the decision below is complained of, and the party

TUESDAY, MARCH 1, 1977

1483

taking the appeal shall also file with the appeal a transcript of testimony as true and correct by the local superintendent. The ap peal shall be filed with the local superintendent within thirty (30) days of the decision of the local board, and within ten (10) days thereafter, it shall be the duty of the local superintendent to transmit a copy of the appeal together with the transcript of evidence and proceedings, the decision of the board, and other mat ters in the file relating to the appeal, to the State Board of Educa tion. The State Board of Education shall adopt regulations gov erning the procedure for hearings before the local board and pro ceedings before it.

(c) Where an appeal is taken to the State Board of Education, the Board shall notify the parties of its decision within twenty-five (25) days after hearing thereon. Any party aggrieved thereby may appeal to the superior court of the county wherein the local board is situated. Such appeal shall be filed in writing within thirty (30) days after the decision of the State Board of Education. Within
ten (10) days after filing of such appeal, it shall be the duty of the State Superintendent of Schools to transmit to the superior court
a copy of the record and transcript sent up from the local board as well as the decision and any order of the State Board, certified as true and correct.

(d) The following form shall be sufficient for an appeal:

'In re -....--.... )

. __------__.----_----_____----_-- ......__ .......hereby appeals to the ------------_----------------..--------------_from the decision of --------,,------..-------------------- --.-----.rendered in the above stated matter on ...... ..._..... ----..--_.
This ..........----day of ------------_----------_----, 19.----.'
(e) Neither the State Board of Education nor the Superior Court shall consider any question not made before the local board, nor consider the matter de novo, and the decision of the local board shall not be set aside or modified except where an abuse of discre tion is demonstrated on the record. In the superior court, the appeal shall be determined by the judge sitting without a jury."
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 Button of the 9th offered the following amendment:
Amend the substitute offered by the Committee on Education to

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JOURNAL OF THE SENATE,

SB 256 by striking on Page 3, lines 14 through 21, Section 1 (e) in its entirety and substituting a new Section to read as follows:

" (e) The State Board of Education or the Superior Court may consider any question not made before the local board de novo. In the superior court, the appeal shall be determined by the judge sit ting without a jury."

On the adoption of the amendment, the yeas were 32, nays 2, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 41, 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:

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

Evans Fincher Gillis
Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds
Riley

Robinson
Russell Scott Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Foster (excused conferee)

Holloway (presiding)

Langford

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

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

Senator Greene of the 26th moved that the following bill of the Senate, passed previously today, be immediately transmitted to the House:

TUESDAY, MARCH 1, 1977

1485

SB 315. By Senators Greene of the 26th, Overby of the 49th and Walker of the 19th:
A bill to amend an Act known as the "Child Support Recovery Act", as amended, so as to provide that parents may make wage assignments to the Department of Human Resources to fulfill their obligations under this Act; to provide that employers may comply with said as signments.

On the motion, the yeas were 34, nays 0; the motion previaled, and SB 315 was immediately transmitted to the House.

Senator Banks of the 17th moved that the following bill of the Senate, passed previously today, be immediately transmitted to the House:

SB 325. By Senators Broun of the 46th and Banks of the 17th:
A bill to amend Chapter 27-2 of the Code of Georgia, as amended, relating to arrests, so as to provide for procedures subsequent to an arrest by a private person; to provide for other matters relative to the foregoing.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 325 was immediately transmitted to the House.

Senator Stephens of the 36th moved that the following resolution of the Senate, adopted previously today, be immediately transmitted to the House:

SR 42. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to provide by law for the increase in re tirement or pension benefits of individuals who retired pursuant to an Act providing a system of pension and retirement pay for teachers and employees of the Board of Education of Fulton County, as amended.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 42 was immediately transmitted to the House.

The following resolution of the Senate was read and adopted:

SR 145. By Senator Dean of the 31st:
A resolution commending the Youth Choir and the Decibels of the First Baptist Church of Cedartown, Georgia.

The President announced that the Senate would stand in recess from 11:30 o'clock A.M. until 4:45 o'clock P.M.

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JOURNAL OF THE SENATE,

At 4:45 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 22. By Representatives Phillips of the 120th, Ross of the 76th, Karrh of the 106th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943, so as to provide creditable service for accumulated days of State allotted forfeited sick and personal or professional leave.

HB 177. By Representative Greer of the 43rd:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to exempt from the tax certain sales to, and purchases by, foreign governments and their instrumentalities to provide and encourage new and expanded cultural and educational activities by friendly governments.
HB 215. By Representatives Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to retirement allowances.
HB 255. By Representatives Hatcher of the 131st, Collins of the 144th and Gammage of the 17th:
A bill to amend Code Section 92-3105, relating to corporations and organizations exempt from State income tax, as amended, particularly by an Act approved March 24, 1976, so as to authorize the deduction of death benefits in connection with the tax on unrelated business income.

HB 324. By Representative Phillips of the 91st:
A bill to amend an Act creating a Fiscal Affairs Subcommittee of the Senate and a Fiscal Affairs Subcommittee of the House of Repre sentatives, so as to require State agencies to receive approval from the Fiscal Affairs Subcommittees before expending public funds to assume certain federal programs.
HB 976. By Representatives Smyre of the 92nd, Buck of the 95th, Cason of the 96th and others:
A bill to provide for an additional judge of the Superior Courts of

TUESDAY, MARCH 1, 1977

1487

the Chattahoochee Judicial Circuit; to provide for the initial appoint ment and subsequent election of such judge; to provide for terms of office; to provide for compensation; to provide for powers and duties.

HB1096. By Representatives Murphy of the 18th, Vaughn of the 57th, Lee of the 72nd 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, proce dures and requirements in connection with such recall elections.

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

HR 208. By Representatives Lambert of the 112th, Carlisle of the 71st and Bolster of the 30th:
A resolution directing the Georgia Office of Energy Extension Service Program for the purposes of providing information and technical as sistance to the State's residential, commercial, industrial and institutional establishments relating to energy conservation measures, energy efficient technologies, and available alternate energy technologies.

HR 257. By Representatives Foster and Williams of the 6th:
A resolution authorizing the conveyance of certain State-owned real property located in Whitfield County, Ga., to Whitfield County and the acceptance of certain property owned by Whitfield County in con sideration therefor.

HR 259. By Representative Tolbert of the 56th:
A resolution proposing an amendment to the Constitution so as to exempt from ad valorem property taxes the value of certain lots the development of which is prohibited for certain reasons; to provide for submission of this amendment for ratification or rejection.

HR 267. By Representative Karrh of the 106th:
A resolution authorizing the conveyance of certain State-owned real property located in Emanuel County, Georgia, to the City of Swainsboro, Georgia.
HR 272. By Representative Sizemore of the 136th:
A resolution authorizing the conveyance of certain State-owned real property located within Turner County to Mr. Grady M. Sconyers and Mr. Cortez H. Sconyers.
The House has passed by the requisite constitutional majority the following bills of the House:

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JOURNAL OF THE SENATE,

HB 310. By Representatives Gignilliat of the 122nd, Buck of the 95th, Logan of the 62nd and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to make it possible for custodial and maintenance employees in State colleges and universities to be eligible for member ship with the Teachers' Retirement System by removing the present pro hibition on membership in the law.

HB 574. By Representative Ham of the 80th:
A bill to amend Code Section 113-607, relating to notice of motion for probate in solemn form, as amended, so as to provide for notice when the residence or abiding place of a nonresident to be notified is known and when a known party resides without the State under circumstances which make it difficult to determine if said person is a legal resident of Georgia or of some foreign state.

HB 323. By Representatives Snow of the 1st, Walker of the 115th, Butler of the 56th and others:
A bill to amend an Act known as the "Child Support Recovery Act" approved March 28, 1973, as amended, so as to make the amount of the debt created by payment of public assistance to or on behalf of a child equal to the amount specified in the court order or decree where such a court order or decree exists; to repeal conflicting laws.

HB 469. By Representative Murray of the 116th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved Feb. 1, 1950, as amended, so as to change the provisions relative to disability benefits for certain members.

HB 653. By Representative Linder of the 44th:
A bill to prohibit certain investigations relating to business licenses; to provide penalties; to provide an effective date.

HB 756. By Representatives Nix, Isakson and Harrison of the 20th:
A bill to amend Code Chapter 26-29, relative to crimes involving dan gerous instrumentalities and practices, as amended, so as to provide that it shall be unlawful for any person to fire or discharge a firearm on the property of another person, firm or corporation without having first obtained permission from the owner or lessee of such property.

HB 578. By Representatives Buck of the 95th and Lambert of the 112th:
A bill to amend Code Chapter 92-14, relative to motor fuels and kerosene, as amended, so as to comprehensively and exhaustively revise, supersede and consolidate laws relating to the collecting and administration of motor fuel taxes; to provide for penalties.

TUESDAY, MARCH 1, 1977

1489

HB 823. By Representatives Lambert of the 112th, Carlisle of the 71st and Bolster of the 30th:
A bill creating the State Building Administrative Board, as amended, so as to authorize and direct the Building Administrative Board to develop and recomend statewide standards to achieve thermal efficiency in new and renovated buildings and lighting efficiency in public build ings; to provide an effective date.

HB 1079. By Representatives Vaughn of the 57th and Johnson of the 74th: A bill to change the county lines of Rockdale and Newton Counties.

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

HR 52. By Representatives Wood, Whitmire and Jackson of the 9th: A resolution compensating Miss Cynthia Lorraine Flowers.

HR 212. By Representative Tuten of the 153rd: A resolution compensating Mr. William P. C. Smith.

HR 119. By Representatives Parham of the 109th and Baugh of the 108th: A resolution compensating Mr. Dennis M. Cox.

HR 177. By Representative Daugherty of the 33rd: A resolution compensating Betty Jean Bolden.

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

HB 44. By Representative Glover of the 32nd:
A bill to amend Code Section 84-207, relating to the qualifications of applicants for certification as certified public accountants, as amended, so as to authorize the substitution of certain experience as an employee of the Ga. State Department of Audits and Accounts or the U. S. General Accounting office in lieu of the practical experience in public accounting presently required.

HB 1061. By Representatives Lee, Wood, Benefield and Johnson of the 72nd:
A bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, as amended, so as to further define the term "municipality".

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JOURNAL OF THE SENATE,

HB 1072. By Representatives Swann of the 90th, Connell of the 87th and Daniel of the 88th:
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.

HB 971. By Representatives Phillips of the 91st, Birdsong of the 103rd, Stone of the 138th and others:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, as amended, so as to provide certain additional authority for each Area Planning and Development Commission; to provide for other matters relative thereto.

HB 725. By Representatives Marcus of the 26th, Horton and Greer of the 43rd and others:
A bill to authorize municipal corporations and counties to levy and im pose certain excise taxes; to provide for the procedure connected there with; to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to delete therefrom certain of the prohibitions against political subdivisions levying certain taxes.

HB 262. By Representative Greer of the 43rd:
A bill to amend an Act providing for the compensation and allowance of certain State officials so as to provide for a change in the compen sation and expenses of certain State officials; to provide for matters relative to the foregoing; to provide an effective date.

HB 697. By Representatives Mostiler of the 71st, Matthews of the 145th, Dover of the llth and others:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to change the designation of "practical nurse" to "licensed practical nurse"; to change the qualifications for licensure and examination as a licensed practical nurse.

HB 883. By Representatives Veazey and Patten of the 146th, Mann and Milford of the 13th and others:
A bill to amend an Act known as the "Unemployment Compensation Law", as amended (now Employment Security Law), so as to change from one year to four years after the occurrence of fraud for a penalty to be placed upon such individual.

HB 929. By Representatives Kemp of the 139th, Bargeron of the 83rd and Mann of the 13th:
A bill to amend Code Section 56-1313 relating to confidential treatment by the Commissioner of certain information secured incident/ to the

TUESDAY, MARCH i, 1977

1491

administration of certain provisions of the Georgia Insurance Code, so as to clarify exceptions to the prohibited disclosure of such informa tion.

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

HR 306. By Representatives Ware of the 68th, Collins of the 144th, Lee of the 72nd and others:
A resolution creating the State Authorities Study Committee.

HR 309. By Representative Colwell of the 4th: A resolution authorizing the conveyance of certain State-owned property.

HR 256. By Representatives Taggart of the 125th, Rainey of the 135th, Triplett of the 128th and others:
A resolution creating the Bait Shrimping and Commercial Fishing Study Committee.

HR 121. By Representatives McDonald of the 12th, Logan of the 62nd, Argo of the 63rd and others:
A resolution establishing the University Business Development Center of the University of Georgia as the coordinating agency of educational activities directed toward encouraging the development and expansion of the small business sector of the economy of the State of Georgia.

The House has passed by the requisite constitutional majority the following bills of the House:
HB 175. By Representatives Hutchinson of the 133rd, Ware of the 68th, Dixon of the 151st and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Ga., so as to change the definition of a "public school teacher", "teacher" and "employee"; to define "local employer".
HB 208. By Representative Taggart of the 125th:
A bill to amend Code Section 68-215, as amended, relating to the display of number plates, so as to authorize the State Revenue Commissioner to adopt rules and regulations pertaining to the display of number plates for certain vehicles.
HB 905. By Representatives Lambert of the 112th, Knight of the 67th, Carlisle of the 71st and others:
A bill to amend an Act known as the "Adequate Program for Education

1492

JOURNAL OF THE SENATE,

in Georgia Act", as amended, so as to provide for a state policy con cerning public school facilities; to provide definitions; to require certain inventories; to provide for a local facilities plan; to provide for a com prehensive survey; to provide for financing for capital facility improve ments.

HB 973. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to amend Code Section 46-509 relating to relief from default judgments and garnishments, so as to change the time within which relief must be sought; to change the amount which the judgment may be reduced.

The House has agreed to the Senate substitute to the following bill of the House:

HB 131. By Representatives Hudson of the 137th, Baugh of the 108th, Long of the 142nd and others:
A bill to amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation so as to comprehensively revise said Act; to change and add definitions.

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

HB 262. By Representative Greer of the 43rd:
A bill to amend an Act providing for the compensation and allowance of certain State officials so as to provide for a change in the compensa tion and expenses of certain State officials; to provide for matters relative to the foregoing; to provide an effective date. Referred to Committee on Appropriations.
HB 725. By Representatives Marcus of the 26th, Horton and Greer of the 43rd and others:
A bill to authorize municipal corporations and counties to levy and impose certain excise taxes; to provide for the procedures connected therewith; to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to delete therefrom certain of the prohibitions against political subdivisions levying certain taxes. Referred to Committee on Banking, Finance and Insurance.
HB 971. By Representatives Phillips of the 91st, Birdsong of the 103rd, Stone of the 138th and others:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, as amended, so as to provide certain additional authority for each Area Planning and Development Commission; to provide for other matters relative thereto. Referred to Committee on County and Urban Affairs.

TUESDAY, MARCH 1, 1977

1493

HB 1061. By Representatives Lee, Wood, Benefield and Johnson of the 72nd:
A bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, as amended, so as to further define the term "municipality". Referred to Committee on Banking, Finance and Insurance.

HB 1072. By Representatives Swann of the 90th, Connell of the 87th and Daniel of the 88th:
A bill to amend an Act authorizing the collection and payment of certain taxes on tangible property, other than motor vehicles, in install ments not to exceed four in number each tax year. Referred to Committee on Banking, Finance and Insurance.

HB 175. By Representatives Hutchinson of the 133rd, Ware of the 68th, Dixon of the 151st and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Ga., so as to change the definition of a "public school teacher", "teacher" and "employee"; to define "local employer". Referred to Committee on Education.
HB 208. By Representative Taggart of the 125th:
A bill to amend Code Section 68-215, as amended, relating to the display of number plates, so as to authorize the State Revenue Commissioner to adopt rules and regulations pertaining to the display of number plates for certain vehicles. Referred to Committee on Transportation.
HB 697. By Representatives Mostiler of the 71st, Matthews of the 145th, Dover of the llth and others:
A bill to amend an Act providing for the licensing of practical nurses, as amended, so as to change the designation of "practical nurse" to "licensed practical nurse"; to change the qualifications for licensure and examination as a licensed practical nurse. Referred to Committee on Human Resources.

HB 883. By Representatives Veazey and Patten of the 146th, Mann and Milford of the 13th and others:
A bill to amend an Act known as the "Unemployment Compensation Law", as amended (now Employment Security Law), so as to change from one year to four years after the occurrence of fraud for a penalty to be placed upon such individual.
Referred to Committee on Industry, Labor and Tourism.

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JOURNAL OF THE SENATE,

HB 905. By Representatives Lambert of the 112th, Knight of the 67th, Carlisle of the 71st 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 state policy con cerning public school facilities; to provide definitions; to require certain inventories; to provide for a local facilities plan; to provide for a comprehensive survey; to provide for financing for capital facility im provements.
Referred to Committee on Education.

HB 929. By Representatives Kemp of the 139th, Bargeron of the 83rd and Mann of the 13th:
A bill to amend Code Section 56-1313 relating to confidential treatment by the Commissioner of certain information secured incident to the administration of certain provisions of the Georgia Insurance Code, so as to clarify exceptions to the prohibited disclosure of such informa tion. Referred to Committee on Banking, Finance and Insurance.

HB 973. By Representatives Walker of the 115th and Culpepper of the 98th:
A bill to amend Code Section 46-509 relating to relief from default judg ments and garnishments, so as to change the time within which relief must be sought; to change the amount which the judgment may be reduced. Referred to Committee on Judiciary.

HR 309. By Representative Colwell of the 4th: A resolution authorizing the conveyance of certain State-owned property.
Referred to Committee on Public Utilities.
HR 121. By Representatives McDonald of the 12th, Logan of the 62nd, Argo of the 63rd and others: A resolution establishing the University Business Development Center of the University of Georgia as the coordinating agency of educational activities directed toward encouraging the development and expansion of the small business sector of the economy of the State of Georgia.
Referred to Committee on Higher Education.

HR 256. By Representatives Taggart of the 125th, Rainey of the 135th, Triplett of the 128th and others:
A resolution creating the Bait Shrimping and Commercial Fishing Study Committee. Referred to Committee on Natural Resources and Environmental Quality.

TUESDAY, MARCH 1, 19Y7

1495

HR 306. By Representatives Ware of the 68th, Collins of the 144th, Lee of the 72nd and others:
A resolution creating the State Authorities Study Committee. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 44. By Representative Glover of the 32nd:
A bill to amend Code Section 84-207, relating to the qualifications of applicants for certification as certified public accountants, as amended, so as to authorize the substitution of certain experience as an employee of the Ga. State Department of Audits and Accounts or the U.S. General Accounting office in lieu of the practical experience in public account ing presently required.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 22. By Representatives Phillips of the 120th, Ross of the 76th, Karrh of the 106th and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to provide creditable service for accumulated days of State allotted forfeited sick and personal or professional leave. Referred to Committee on Retirement.

HB 177. By Representative Greer of the 43rd:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the tax certain sales to, and purchases by, foreign governments and their instrumentalities to provide and encourage new and expanded cultural and educational activities by friendly governments.
Referred to Committee on Banking, Finance and Insurance.

HB 215. By Representatives Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to retirement allowances. Referred to Committee on Retirement.

HB 255. By Representatives Hatcher of the 131st, Collins of the 144th and Gammage of the 17th:
A bill to amend Code Section 92-3105, relating to corporations and or ganizations exempt from State income tax, as amended, so as to author ize the deduction of death benefits in connection with the tax on un related business income. Referred to Committee on Banking, Finance and Insurance.

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JOURNAL OF THE SENATE,

HB 324. By Representative Phillips of the 91st:
A bill to amend an Act creating a Fiscal Affairs Subcommittees of the Senate and House of Representatives, so as to require State agencies to receive approval from the Fiscal Affairs Subcommittees before ex pending public funds to assume certain federal programs. Referred to Committee on Appropriations.

HB 976. By Representatives Smyre of the 92nd, Buck of the 95th, Cason of the 96th and others:
A bill to provide for an additional judge of the Superior Courts of the Chattahoochee Judicial Circuit; to provide for terms of office; to provide for compensation; to provide for powers and duties. Referred to Committee on Judiciary.

HB 1096. By Representatives Murphy of the 18th, Vaughn of the 57th, Lee of the 72nd 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 connection with such recall elections.
Referred to Committee on Rules.

HB 310. By Representatives Gignilliat of the 122nd, Buck of the 95th, Logan of the 62nd and others:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to make it possible for custodial and maintenance employees in State colleges and universities to be eligible for member ship with the Teachers' Retirement System by removing the present prohibition on membership in the law.
Referred to Committee on Retirement.

HB 323. By Representatives Snow of the 1st, Walker of the 115th, Evans of the 84th and others:
A bill to amend an Act known as the "Child Support Recovery Act" approved March 28, 1973, as amended, so as to make the amount of the debt created by payment of public assistance to or on behalf of a child equal to the amount specified in the court order or decree where such a court order or decree exists.
Referred to Committee on Judiciary.

HB 469. By Representative Murray of the 116th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved Feb. 1, 1950, as amended, so as to change the provisions relative to disability benefits for certain members. Referred to Committee on Retirement.

TUESDAY, MARCH 1, 1977

1497

HB 574. By Representative Ham of the 80th:
A bill to amend Code Section 113-607, relating to notice of motion for probate in solemn form, as amended, so as to provide for notice when the residence or abiding place of a nonresident to be notified is known and when a known party resides without the State under circumstances which make it difficult to determine if said person is a legal resident of Georgia or some foreign state.
Referred to Committee on Judiciary.

HB 578. By Representatives Buck of the 95th and Lambert of the 112th:
A bill to amend Code Chapter 92-14, relative to motor fuels and kerosene, as amended, so as to comprehensively and exhaustively revise, super sede and consolidate laws relating to the collecting and administration of motor fuel taxes; to provide for penalties. Referred to Committee on Banking, Finance and Insurance.

HB 653. By Representative Linder of the 44th:
A bill to prohibit certain investigations relating to business licenses; to provide penalties; to provide an effective date. Referred to Committee on Industry, Labor and Tourism.

HB 756. By Representatives Nix, Isakson and Harrison of the 20th:
A bill to amend Code Chapter 26-29, relative to crimes involving dan gerous instrumentalities and practices, as amended, so as to provide that it shall be unlawful for any person to fire or discharge a firearm on the property of another person, firm or corporation without having first obtained permission from the owner or lessee of such property.
Referred to Committee on Judiciary.

HB 823. By. Representatives Lambert of the 112th, Carlisle of the 71st and Bolster of the 30th:
A bill creating the State Building Administrative Board, as amended, so as to authorize and direct the Building Administrative Board to de velop and recommend statewide standards to achieve thermal efficiency in new and renovated buildings and lighting efficiency in public build ings; to provide an effective date.
Referred to Committee on Industry, Labor and Tourism.

HB 1079. By Representatives Vaughn of the 57th and Johnson of the 74th: A bill to change the county lines of Rockdale and Newton Counties.
Referred to Committee on County and Urban Affairs.
HR 208. By Representatives Lambert of the 112th, Carlisle of the 71st and Bolster of the 30th: A resolution directing the Georgia Office of Energy Resources to es-

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JOURNAL OF THE SENATE,

tablish an Energy Extension Service Program for the purposes of providing information and technical assistance to the State's residential, commercial, industrial and institutional establishments relating to energy conservation measures, energy efficient technologies, and available alter nate energy technologies.
Referred to Committee on Higher Education.

HR 257. By Representatives Poster and Williams of the 6th:
A resolution authorizing the conveyance of certain State-owned real property located in Whitfield County, Ga., to Whitfield County and the acceptance of certain property owned by Whitfield County in con sideration therefor. Referred to Committee on Public Utilities.

HR 259. By Representatives Long of the 142nd and Cox of the 141st:
A resolution authorizing the conveyance of certain real property located in Grady County, Georgia, to the Board of Commissioners of Grady County. Referred to Committee on Public Utilities.

HR 267. By Representative Karrh of the 106th:
A resolution authorizing the conveyance of certain State-owned real property located in Emanuel County, Georgia, to the City of Swainsboro, Georgia. Referred to Committee on Public Utilities.

HR 272. By Representative Sizemore of the 136th:
A resolution authorizing the conveyance of certain State-owned real property located within Turner County to Mr. Grady M. Sconyers and Mr. Cortez H. Sconyers. Referred to Committee on Public Utilities.

HR 52. By Representatives Wood, Whitmire and Jackson of the 9th: A resolution to compensate Miss Cynthia Lorraine Flowers in the amount of $3,014.41.
Referred to Committee on Appropriations.
HR 119. By Representatives Parham of the 109th and Baugh of the 108th: A resolution compensating Mr. Dennis M. Cox in the amount of $250.00.
Referred to Committee on Appropriations.
HR 177. By Representative Daugherty of the 33rd: A resolution compensating Betty Jean Bolden in the amount of $1,861.50.
Referred to Committee on Appropriations.

TUESDAY, MARCH 1, 1977

1499

HR 212. By Representative Tuten of the 153rd:
A resolution compensating Mr. William P. C. Smith in the amount of $837.35. Referred to Committee on Appropriations.

At 5:15 o'clock P.M.., the President announced the Senate would stand in recess until 10:35 o'clock P.M.

At 10:35 o'clock P.M., the Senate was called to order.

Senator Robinson of the 27th moved that the Senate adjourn at 11:00 o'clock P.M. until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 11:00 o'clock P.M. the Senate was adjourned until 10:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Wednesday, March 2, 1977

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

Senator Johnson of the 34th 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 resolutions of the Senate were introduced, read the first time and referred to committees:

SR 146. By Senators Traylor of the 3rd, Kennedy of the 4th, Wessels of the 2nd and others:
A resolution relative to Georgia Southern College having the right to grant Doctor of Education degrees. Referred to Committee on Higher Education.

SR 147. By Senator Traylor of the 3rd:
A resolution relative to editorials published in newspapers and magazines printed in this State. Referred to Committee on Rules.

SR 148. By Senators Traylor of the 3rd, Paulk of the 13th, Riley of the 1st and others:
A resolution relative to tourists traveling into eastern Georgia to visit the hometown of President Carter. Referred to Committee on Industry, Labor and Tourism.

SR 149. By Senators Summers of the 53rd, Gillis of the 20th, English of the 21st and others:
A resolution requesting Congress to continue in full force and effect certain provisions of the Taft-Hartley Act. Referred to Committee on Industry, Labor and Tourism.

SR 150. By Senator Evans of the 37th:
A resolution urging the Senate Rules Committee to study the feasibility of legislation to impose limitations on the amount of money an individual or entity can contribute to a candidate for public office. Referred to Committee on Rules.

WEDNESDAY, MARCH 2, 1977

1501

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

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 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 Broun of 46th 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 and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 403. Do pass. HR 12. Do pass. HR 31. Do pass. HR 84. Do pass. HR 92. Do pass as amended. HR 93. Do pass. HR 132. Do pass. HR 187. Do pass. HR 188. Do pass. HR 196. Do pass. HR 215. Do pass.
Respectfully submitted, Senator Broun of 46th District, Chairman

Senator Sutton of the 9th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:

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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 112. Do pass by substitute.

SB 114. Do pass.

SR 104. Do pass.

HB 893. Do pass.

HB 911. Do pass.

HB 979. Do pass.

HB 980. Do pass.

HB 981. Do pass.

HB 982. Do pass.

HB 983. Do pass.

HB 984. Do pass.

HB 1003. Do pass.

HB 1005. Do pass.

HB 1006. Do pass.

HB 1007. Do pass.

HB 1008. Do pass.

HB 1009. Do pass.

HB 1010. Do pass.

HB 1011. HB 1013. HB 1016. HB 1017. HB 1018. HB 1019. HB 1022. HB 1023. HB 1027. HB 1029. HB 1030. HB 1032. HB 1033.

Do pass. Do pass. 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 Sutton of 9th District, Chairman

WEDNESDAY, MARCH 2, 1977

1503

Senator Langford of the 51st 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 Govern ment 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 186. Do pass by substitute.
HB 233. Do pass as amended.
HB 611. Do pass.
HB 812. Do pass as amended.
HB 813. Do pass as amended.
HB 501. Do pass.
HR 238. Do pass.
Respectfully submitted, Senator Langford of 51st District, Chairman

Senator Howard of the 42nd 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 502. Do pass as amended. Respectfully submitted, Senator Howard of 42nd District, Chairman

Senator Howard of the 42nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 322. Do pass. HB 450. Do pass. HB 620. Do pass.

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HB 665. Do pass. HB 837. Do pass.

Respectfully submitted, Senator Howard of 42nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 122. Do pass. HB 1045. 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 and of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 206. Do pass as amended.

SB 207. Do pass by substitute.

SB 208. Do not pass.

HB 123. Do pass.

HB 138. Do pass.

HB 166. Do pass as amended.

HB 169. Do not pass.

HB 261. HB 282. HB 360. HB 565. HB 594. HB 627.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Overby of 49th District, Chairman

WEDNESDAY, MARCH 2, 1977

1505

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:
HB 740. Do pass.
HB 904. Do pass.
HR 310. Do pass.
SB 211. Do pass by substitute.
SB 329. Do pass as amended.
Respectfully submitted, Senator Gillis of 20th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 206. Do pass. HB 207. Do pass. HB 848. 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 318. By Senator Langford of the 51st:
A bill to amend Code Chapter 79A-10, known as the "Georgia Drug and Cosmetic Act", as amended, so as to require pharmacists dispensing certain drugs to include on the label of the container for such drugs certain information.

SB 321. By Senators Broun of the 46th, Riley of the 1st and McGill of the 24th: A bill to amend an Act known as the "Georgia Motor Vehicle Accident

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Reparations Act", as amended, so as to comprehensively revise the provisions of said Act dealing with mandatory coverages and benefits.

SB 349. By Senator McGill of the 24th:
A bill to amend an Act known as the "Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act", so as to clarify the legislative intent concerning the effect of this 1976 codification on the previously existing law as contained in the "Motor Vehicle Franchise Practices Act", as amended.

SB 353. By Senators Gillis of the 20th and Walker of the 19th:
A bill to amend Code Chapter 57-1, relating to interest and usury, so as to provide for interest on certain loans which are repayable in weekly installments.

SB 360. By Senators Reynolds of the 48th, Banks of the 17th, Overby of the 49th and others:
A bill to amend Code Section 95A-957, relating to the maximum width of vehicles permitted upon the public roads, so as to provide certain exceptions for buses.

SR 130. By Senators Evans of the 37th, Coverdell of the 40th, Howard of the 42nd and others:
A resolution proposing an amendment to the Constitution, so as to authorize cities to provide for temporary total or partial exemptions from taxation of improvements on land within a designated housing improvement district; to provide for the submission of this amendment for ratification or rejection.

HB 78. By Representatives Carnes of the 43rd, Adams of the 36th, Hudson of the 137th and others:
A bill to amend the Gasoline Marketing Practices Act, approved April 13, 1973, so as to change and add definitions; to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief.

HB 157. By Representative Edwards of the 110th:
A bill to amend Code Section 68B-213, relating to expiration and renewal of driver's licenses, so as to provide that certain driver's licenses shall not be required to be surrendered upon expiration or renewal; to provide for cancellation of such licenses under certain circumstances.
SB 155. By Senator Doss of the 52nd:
A bill to provide for the payment of interest to vendors under the Medicaid Program; to provide that vendor bills shall begin accruing

WEDNESDAY, MARCH 2, 1977

1507

interest thirty days after receipt by the Department of Medical As sistance.

SB 231. By Senators Lester of the 23rd and Riley of the 1st:
A bill to comprehensively and exhaustively revise, classify, modernize and supersede present laws related to accountants and public accounting; to enact and establish new laws relating thereto to be known as the "Public Accountancy Act of 1977"; to amend Code Chapter 84-2, relating to accountants, as amended.

SB 238. By Senators Dean of the 6th, Riley of the 1st and Kidd of the 25th:
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 authorize electric utility companies to levy a fuel adjustment charge covering only increases and decreases in certain specified costs.

SB 239. By Senators Dean of the 6th, Riley of the 1st and Kidd of the 25th:
A bill to prohibit the cost of certain advertising to be included as an operational expense in certain rate schedule proceedings before the Georgia Public Service Commission; to provide for definitions; to provide the procedures connected therewith.

SB 252. By Senators McGill of the 24th, Langford of the 51st, Gillis of the 20th and others:
A bill to repeal an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of ascertaining whether the valuation of the various classes of property in the respective counties is uniform and requiring the State Revenue Commissioner to adjust the total county millage levy where adjustments are made in the county digests, and for other purposes, as amended.

SB 265. By Senator Overby of the 49th:
A bill to amend the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that all cities and local authorities may adopt all or a portion of the "Uniform Act Regulating Traffic on High ways".

SB 266. By Senator Overby of the 49th:
A bill to amend Article XV of Code Title 68A, relating to application and effect of "The Uniform Rules of the Road", as amended, so as to provide that certain offenses contained in said Code Title may be tried in certain courts of municipalities.

HB 220. By Representatives Evans of the 84th, Walker of the 115th and Culpepper of the 98th:
A bill to repeal an Act relating to the limitation on municipal taxing

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authority Georgia Code Sections 92-4101 through 92-4104 (Ga Laws, 1874 p. 109); to provide an effective date.

HB 228. By Representative Adams of the 36th:
A bill to amend an Act known as the "Georgia Residential Finance Authority Act" so as to change the provisions relative to the powers of the Authority; to provide for the certificate of validation on bonds of the Authority.

HB 244. By Representatives Richardson of the 52nd, Galer of the 97th, Clark of the 55th and others:
A bill to amend Code Title 56, relating to insurance, as amended, so as to require certain group insurance policies or contracts to provide coverage for complications of pregnancy under certain conditions.

HB 291. By Representatives Toles of the 16th and Greer of the 43rd:
A bill to exempt from ad valorem taxation the property of nonprofit homes for the aged used in connection with their operation, provided that such homes for the aged have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are qualified as exempt organizations under the U.S. Internal Revenue Code of 1954.

HB 300. By Representative Games of the 43rd:
A bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages . . ."; so as to provide that no excise or any other taxes shall be due to the State of Georgia, or to any local political subdivision thereof, including counties and municipalities, from any licensed wholesale dealer or brewer, on any malt beverages which shall have been rendered unfit for con sumption by reason of breakage, or spoilage, or damage to the package.

HB 486. By Representatives Kemp of the 139th, Greene of the 138th, Nichols of the 27th and others:
A bill to provide that no elected county or municipal official shall be eligible to serve as a member of the General Assembly.

HB 503. By Representative Walker of the 115th:
A bill to amend Code Chapter 91-1A of the Code of Georgia known as the "State Properties Control", approved February 21, 1964, as amended, especially as amended by an Act approved April 24, 1975, so as to reduce the number of members of the State Properties Commission from 11 to 10, to remove the Attorney General as a member of said State Properties Commission; to reduce the number of affirmative votes required for approval of the acquisitions of real property from seven to six; to provide for an effective date.

WEDNESDAY, MARCH 2, 1977

1509

HB 512. By Representatives Butler of the 56th and Deveaux of the 28th:
A bill to amend Code Chapter 68A-11 relating to miscellaneous rules of the road, as amended, so as to provide that no person shall operate a motor vehicle while wearing certain devices; to repeal a specific Act.

HB 542, By Representatives Lambert of the 112th, Evans of the 84th, Buck of the 95th and others:
A bill to amend Code Section 57-101.1, relating to the maximum rate of interest which may be charged on certain transactions involving real property, as amended, so as to change the maximum permissible rate of interest on certain transactions involving real property.

HB 605. By Representatives Lambert of the 112th, Knight of the 67th, Clark of the 13th 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 financing Cooperative Educational Service Agencies; to provide an effective date.

HB 606. By Representatives Lambert of the 112th, Ross of the 76th, Carrell of the 75th and others:
A bill to amend an Act known as the "Georgia Professional Standards Act" so as to change provisions relating to services performed by members of the Professional Standards Commission; to change provisions relating to the employment of administrative assistance.

HB 678. By Representative Pinkston of the 100th:
A bill to amend Code Title 41A, known as the "Financial Institutions Code of Georgia", as amended, so as to include national banks located in this State for the purpose of applying Chapter 41A-38 relating to multiple deposits.

HB 724. By Representatives Elliott of the 49th, Whitmire of the 9th and Childs of the 51st:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that drivers of motor vehicles involved in traffic accidents on the public roads and highways of this State shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions.

HB 771. By Representative Ham of the 80th:
A bill to amend Code Section 81-1402 relating to granting continuances for attendance on the General Assembly by party or counsel, so as to authorize continuances following any session adjourned sine die; to provide an effective date.

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HB 790. By Representatives Lambert of the 112th, Carlisle of the 71st, Battle of the 124th and others:
A bill to amend Code Section 91-110a relating to the authority of the State Properties Commission to execute written contracts permitting the exploration of State-owned lands for indications of mineral resources, so as to provide that oil and gas leases shall provide for a primary term of not more than ten years.

HB 827. By Representatives Phillips of the 120th, Greene and Stone of the 138th and others:
A bill to amend Code Chapter 92-31, relative to the imposition, rate and computation of State income taxes and exemptions therefrom, as amended, so as to provide for a tax credit for household and dependent care expenses.

HR 96. By Representatives Keyton of the 143rd and Long of the 142nd:
A resolution authorizing the conveyance of certain real property located in Thomas County, Georgia, to the Board of Commissioners of Thomas County.

HR 115. By Representatives Patten of the 146th, Murphy of the 18th, Adams of the 79th and others:
A resolution creating the Constitutional Amendment Advertising Study Committee.

HR 157. 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 Georgia Division, United Daughters of the Confederacy.

HR 194. By Representatives Auten of the 154th and Tuten of the 153rd:
A resolution authorizing the conveyance of certain State-owned real property known as Blythe Island consisting of 976 acres, more or less, and located in Glynn County, Georgia, to the County of Glynn, Ga. for recreation and related purposes.

HR 231. By Representatives Ware of the 68th and Mullinax of the 69th: A resolution designating the John C. Barrow Bridge.

SB 110. By Senator Stephens of the 36th:
A bill to amend an Act authorizing the Commissioners of Pulton County to establish rules and regulations governing the payment of pensions, so as to provide for a Pulton County Employee's Retirement Plan of 1977.

WEDNESDAY, MARCH 2, 1977

1511

SB 151. By Senator Hudson of the 35th:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, as amended, so as to provide that the widow of any officer who is otherwise ineligible for retirement bene fits shall be eligible for retirement benefits upon attaining 62 years of age if the officer has elected to secure retirement benefits for his widow.

HB 506. By Representative Patten of the 149th:
A bill to amend an Act creating the office of Tax Commissioner of Lanier County, as amended, so as to change the compensation of the tax commissioner; to strike the provisions relating to compensation of clerical help.

HB 610. By Representative Vaughn of the 57th:
A bill to create a Board of Commissioners for Rockdale County; to provide for the membership of said Board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said Board.

HB 640. By Representatives Connell of the 87th, Dent of the 85th, Beckham of the 89th and others:
A bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", as amended, so as to delete the mandatory provision relating to the appointment of elected officials on said Authority.

HB 668. By Representatives Snow and Hays of the 1st, Foster of the 6th and others:
A bill to create the Walker County Water and Sewerage Authority; to authorize the Authority to acquire, construct, operate and maintain selfliquidating projects embracing sources of water supply and the distri bution and sale of water and related facilities to individuals, private concerns, and municipal corporations.

HB 672. By Representatives Snow and Hays of the 1st, Williams of the 6th and others:
A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the U.S. Decennial Census of 1970, or any future such census, so as to change the provisions relative to the assistant district attorney.

HB 779. By Representatives Wheeler and Foster of the 152nd: A bill to amend an Act placing the Sheriff of Bacon County on an

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annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to compensation of the sheriff, deputy sheriffs, jailer and secretary of the sheriff.

HB 882. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act incorporating the City of Warner Robins, as amended, so as to change the corporate limits of said city.

HB 898. By Representatives Logan of the 62nd, Argo of the 63rd and Russell of the 64th:
A bill to create a public corporation to be known as Downtown Athens Development Authority, pursuant to an amendment to the Constitution as contained in Ga. Laws 1975, p. 1698, and responsibilities of said Authority.

HB 943. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County on an annual salary, as amended, so as to change the compensation of the Sheriff; to provide an effective date.

HB 946. By Representative Jessup of the 117th:
A bill to amend an Act fixing the salaries of certain county officers of Bleckley County, as amended, so as to change the provisions relative to the compensation of the Judge of the Probate Court of Bleckley County and the clerk of said officer.

HB 947. By Representative Jessup of the 117th:
A bill to amend an Act placing the Clerk of the Superior Court of Bleckley County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said officer and his clerical assistant.

HB 948. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Bleckley County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the Sheriff and his deputies; to provide an effective date.

HB 949. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of Tax Commissioner of Bleckley County, as amended, so as to change the provisions relative to the compensation of the tax commissioner and the employees of said officer; to provide an effective date.

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1513

HB 952. By Representative Jessup of the 117th:
A bill to amend an Act creating the Office of Commissioner of Pulaski County, as amended, so as to change the provisions relative to the compensation of said Commissioner; to provide for an expense allowance.

HB 953. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of Tax Commissioner of Pulaski County, as amended, so as to change the provisions relating to the compensation of said officer and his deputy; to provide an effective date.

HB 954. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary, as amended, so as to change the compensation of the Sheriff and the provisions relative to deputies; to provide an effective date.

HB 955. By Representative Jessup of the 117th:
A bill to amend an Act placing the Clerk of the Superior Court of Pulaski County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said officer and his assistant.

HB 956. By Representative Jessup of the 117th:
A bill to amend an Act placing the Judge of the Probate Court of Pulaski County upon an annual salary, as amended, so as to change the provisions relative to the compensation of said officer and his assistants; to provide an effective date.

HB 957. By Representatives Dover of the llth, and Twiggs and Colwell of the 4th: A bill to amend an Act abolishing the offices of tax collector and tax receiver of White County and creating the office of tax commissioner of said county, as amended, so as to set the compensation paid to the tax commissioner.
HB 958. By Representatives Dover of the llth, and Twiggs and Colwell of the 4th: A bill to repeal an Act entitled "An Act to provide for the compensation of the tax commissioner in certain counties; to repeal conflicting laws; and for other purposes.", as amended.
HB 965. By Representatives Johnson, Lee, Benefield and Wood of the 72nd: A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the solicitor of said court.

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HB 968. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act to provide a new charter for the City of Valdosta so as to change the corporate limits of the city.

HB 977. By Representatives Foster and Wheeler of the 152nd and Hudson of the 137th:
A bill to amend an Act placing certain county officers of Coffee County upon an annual salary, as amended, so as to provide that the officers and personnel covered by said Act shall continue to receive the compensation they were receiving on Jan. 1, 1977 until such time as said compensation shall be changed by the Board of Commissioners of Coffee County.

SB 112. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to provide for a Fulton County Teacher's Retirement Plan of 1977.

SB 114. By Senator Hudson of the 35th:
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 thirty (30) years of service may retire upon attaining 55 years of age.

HB 893. By Representatives Carlisle and Mostiler of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd:
A bill to amend an Act reincorporating the City of Fayetteville in the County of Fayette, as amended, so as to change the provisions relative to the jurisdiction of the recorder's court of said city.

HB 911. By Representatives Carlisle and Mostiler of the 71st, and Benefield, Johnson, Wood and Lee of the 72nd:
A bill to amend an Act creating a Board of Commissioners for Fayette County so as to redesignate the members of the board elected from the county at large as the members from Road Districts No. 4 and No. 5.

HB 979. By Representative Castleberry of the lllth:
A bill to create a new charter for the City of Lumpkin; to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections; to provide for ordinances and codes.

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HB 980. By Representative Castleberry of the lllth:
A bill to create a new charter for the City of Georgetown; to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections.

HB 981. By Representative Castleberry of the lllth:
A bill to amend an Act creating the office of Commissioner of Webster County, as amended, so as to provide for a determination of the com pensation of the commissioner's clerk.

HB 982. By Representative Ross of the 76th:
A bill to amend an Act placing the Clerk of the Superior Court of Warren County on an annual salary, as amended, so as to change the provisions relative to the compensation of the deputy clerk.

HB 983. By Representative Ross of the 76th:
A bill to amend an Act reincorporating the City of Sharon in the County of Taliaferro and providing a new charter for said city so as to change the provisions relating to the election of the mayor and councilmen; to change the provisions relating to the date of elections.

HB 984. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act incorporating the Town of Mountain City, as amended, so as to change the terms of office of the mayor and councilmen.

HB 1003. By Representative Irvin of the 10th:
A bill to provide that the Stephens County Development Authority is authorized to issue bonds for the purpose of paying all or any part of the cost of any project consisting of the acquisition, improvement or modification of any property used as air or water pollution control facilities which any federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry.

HB 1005. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to reincorporate the City of Garfield in the County of Emanuel; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city.

HB 1006. By Representative Karrh of the 106th: A bill to amend an Act placing the Clerk of the Superior Court of

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Jenkins County on an annual salary in lieu of the fee system of compensation, so as to authorize the governing authority of Jenkins County to fix the compensation of the Clerk of the Superior Court of Jenkins County.

HB 1007. By Representative Karrh of the 106th:
A bill to amend an Act placing the .Sheriff of Jenkins County on a salary, so as to authorize the governing authority of Jenkins County to fix the compensation of the Sheriff and the Chief Deputy Sheriff and the Deputy Sheriff of Jenkins County.

HB 1008. By Representative Karrh of the 106th:
A bill to amend an Act establishing the State Court of Jenkins County, as amended, so as to authorize the governing authority of Jenkins County to fix the compensation of the judge and the solicitor of said court.

HB 1009. By Representative Karrh of the 106th:
A bill to amend an Act creating the office of Tax Commissioner of Jenkins County, as amended, so as to authorize the governing authority of Jenkins County to fix the compensation of the tax com missioner.

HB 1010. By Representative Karrh of the 106th:
A bill to amend an Act placing the Judge of the Probate Court of Jenkins County on an annual salary in lieu of the fee system of com pensation, so as to authorize the governing authority of Jenkins County to fix the compensation of the Judge of the Probate Court of Jenkins County.

HB 1011. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act incorporating the Town of Summertown so as to change the terms of office of the mayor and councilmen of said town from one year to two years.

HB 1013. By Representatives Snow and Hays of the 1st, Williams and Foster of the 6th and others:
A bill to amend an Act creating the office of Commissioner of Walker County, as amended, so as to change the compensation of the com missioner; to provide an effective date.
HB 1016. By Representatives Kemp of the 139th and Rush of the 121st:
A bill to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation, as amended, so ks to change the provisions relating to automobile expenses.

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1517

HB 1017. By Representative Kemp of the 139th:
A bill to amend an Act abolishing the fee system of compensating the Judge of the Probate Court of Mclntosh County and providing in lieu thereof an annual salary, as amended, so as to change the compensation of the judge of the probate court.

HB 1018. By Representative Kemp of the 139th:
A bill to amend an Act abolishing the fee system method of compensating the clerk of the superior court, the sheriff, and the tax commissioner of Mclntosh County, and to provide in lieu thereof annual salaries for such officers, so as to change the allowances of the tax commissioner of Mc lntosh County for additional clerical help.

HB 1019. By Representative Kemp of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County upon an annual salary, as amended, so as to change the provisions relating to the compensation of certain deputy sheriffs; to provide for additional deputy sheriffs.

HB 1022. By Representatives Lord of the 105th and Karrh of the 106th:
A bill to amend an Act creating a board of commissioners for Johnson County, so as to change the expense allowance of the chairman and members of said board.
HB 1023. By Representative Money of the 5th:
A bill to amend an Act creating the Office of Commissioner of Chattooga County, as amended, so as to change the compensation of the Commis sioner; to change certain provisions relative to limits of purchases and emergency powers of the Commissioner.
HB 1027. By Representatives Buck of the 95th, Thompson of the 93rd, Galer of the 97th and others:
A bill to amend an Act abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of district attorney, and providing for the payment of the salary of said district attorney, as amended, so as to change the compensation of the assistant district attorney.
HB 1029. By Representative Irvin of the 10th:
A bill to divide the County of Stephens into school districts; to provide for the election of members of the Board of Education of Stephens County; to provide their terms of office and qualifications.
HB 1030. By Representative Irvin of the 10th:
A bill to provide for the appointment of the County School Superintendent of Stephens County by the Board of Education of Stephens County; to

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JOURNAL OF THE SENATE,

provide for the time of the initial appointment; to provide for other matters relative to the foregoing.

HB 1032. By Representative Phillips of the 120th:
A bill to amend an Act establishing the State Court of Treutlen County, as amended, so as to change the provisions relating to the compensation of the judge of said court.

HB 1033. By Representative Phillips of the 120th:
A bill to amend an Act creating the State Court of Treutlen County, as amended, so as to change the provisions relating to trials by jury in said court; to repeal the provisions providing for a jury of 12.

SB 186. By Senator Wessels of the 2nd:
A bill to amend Code Chapter 34-10, relating to nomination of candidates, as amended, so as to change the requirements for nomination of candidates of a political body.

SB 211. By Senator Dean of the 6th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act", as amended, so as to provide that the Board of Natural Resources shall conduct a hearing in the particular area affected by any rule or regulation relating to game and fish before the rule or regulation can be voted upon or become effective.

SB 329. By Senators Hudson of the 35th, Stephens of the 36th, Summers of the 53rd and others:
A bill to provide reduced user charges on certain days and certain months for campers 65 years of age or older for charges to use campsites located on State park-operated areas.

SB 206. By Senator Kidd of the 25th:
A bill to amend Code Section 27-1502, relating to the plea of insanity, so as to provide for a trial by a special jury of a plea of mental incompetency to stand trial; to provide for transfer and disposition of a defendant who has been found by a special jury to be mentally in competent to stand trial.

SB 207. By Senator Kidd of the 25th:
A bill to amend Code Chapter 27-15, relating to demurrers and special pleas, as amended, so as to change the title of said Code Chapter; to provide procedures in criminal trials involving contentions that the defendant was insane or mentally incompetent at the time of the act charged.

WEDNESDAY, MARCH 2, 1977

1519

HB 122. By Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th and others:
A bill to amend an Act providing for the creation and establishment of a Department of Labor approved March 25, 1937, as amended, so as to provide for an annual report and recommendation as to legislation needed by the Commissioner of Labor.

HB 179. By Representatives Murphy of the 18th, Harris of the 8th, Lambert of the 112th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1977, and ending June 30, 1978; to make and provide such ap propriations for the operations of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law.

HB 206. By Representative Taggart of the 125th:
A bill to amend an Act relating to motor vehicle licenses, as amended, so as to require the payment of a fee of one dollar for the transfer of certain licenses and tags from a destroyed or retired motor vehicle to another vehicle.

HB 207. By Representative Taggart of the 125th:
A bill to amend an Act providing for the issuance of special license plates for antique automobiles, so as to change the transfer fee.

HB 233. By Representative Adams of the 36th:
A bill to create the Georgia Board of Athletic Trainers and provide for the regulation and licensing of athletic trainers; to provide for definitions; to provide for members, officers, qualifications, duties, powers, authority, appointments, terms of office, oaths and vacancies.

HB 403. By Representative Howell of the 140th:
A bill to provide for the Department of Labor a supplemental ap propriation, pursuant to and in accordance with provisions of Sections 9 and 13 of the Employment Security Law, as amended, of additional funds which are otherwise available to the Dept. of Labor of Ga. out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act.
HB 501. By Representatives Howell of the 140th, Lee of the 72nd, Phillips of the 120th and others:
A bill to amend the Campaign and Financial Disclosure Act, as amended, so as to change the name of the State Ethics Commission to the State

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JOURNAL OF THE SENATE,

Campaign and Financial Disclosure Commission; to provide for in vestigations by said Commission.

HB 502. By Representatives Lambert of the 112th, Connell of the 87th, Lee of the 72nd and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972" so as to provide that the Department of Medical Assistance shall administer the State Plan for Medical Assistance; and further, to provide for a short title ("Executive Reorganization Act of 1972"); to provide for certain definitions.

HB 611. By Representative Vaughn of the 57th:
A bill to amend Code Title 40, relating to the executive department, as amended, so as to provide for the disposition of State-owned surplus books and other printed material; to provide for definitions; to provide for administration by the Secretary of State.

HB 740. By Representative Battle of the 124th:
A bill to amend Code Chapter 84-21A, known as the "Registration of Geologists Act of 1975" as amended by an Act approved Mar. 24, 1976, so as to provide for the return of certain materials to applicants.

HB 812. By Representatives Dover of the llth, Clark, Mann and Milford of the 13th and others:
A bill creating the Georgia State Commission of Indian Affairs; to provide for statement of purposes; to provide for the duties of said commission; to provide for the use of funds received by said commission; to provide for the membership of said commission.

HB 813. By Representatives Dover of the llth, Clark, Mann and Milford of the 13th and others:
A bill to authorize the creation of Indian Housing Authorities in this State; to provide a short title ("Indian Housing Authorities Law"); to provide for the powers, rights and functions of such Indian Housing Authorities; to provide procedures for the creation and operation of such Indian Housing Authorities.

HB 848. By Representative Greer of the 43rd:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, so as to provide that the Chairman of the Board of the Directors of the Authority shall receive compensation of $7,000 per year for the performance of duties as chairman in addition to compensation as a regular Board Member, beginning as of Jan. 1, 1977.

WEDNESDAY, MARCH 2, 1977

1521

HB 904. By Representatives Crosby of the 150th, Dixon of the 151st, Foster and Wheeler of the 152nd and others:
A bill to amend an Act providing that the owner of a beehive shall have the right to destroy bears under certain conditions so as to change the provisions relative to protective devices for beehives and notice to the Department of Natural Resources.

HB 1045. By Representative Knight of the 67th:
A bill to amend an Act known as the "Development Authorities Law", as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain industrial enterprises, expand local credit and capital, and reduce unemployment.

HB 282. By Representative McKinney of the 35th:
A bill to amend Code Section 58-207, relating to the seizure and con demnation of vehicles and conveyances and boats and vessels in use in this State in violation of the liquor laws of the State, as amended.

HR 12. By Representative Howell of the 140th:
A resolution compensating Mrs. Mildred C. Hobbs in the amount of $13,750.35.

HR 31. By Representatives Baugh of the 108th and Parham of the 109th: A resolution compensating Dr. John V. Aliff in the amount of $505.38.

HR 84. By Representative Jones of the 126th: A resolution compensating Mr. Jesse Carter in the amount of $2,374.56.

HR 92. By Representative Ross of the 76th:
A resolution compensating Mr. Jacob A. and Mrs. Lenoy W. Bentley in the amount of $4,000.00.

HR 93. By Representative Ross of the 76th:
A resolution compensating Mr. Albert T. Smalley in the amount of $25.00.

HR 132. By Representatives Hudson of the 137th, Coleman of the 118th and Jessup of the 117th:
A resolution compensating Mr. E. T. "Dick" Fuller in the amount of $1,000.00.

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HR 187. By Representative Coleman of the 118th:
A resolution compensating Ms. Gwendolyn A. Morgan in the amount of $638.00.

HR 188. By Representative Coleman of the 118th:
A resolution compensating Mrs. Dorothy A. Bland in the amount of $2,500.00

HR 196. By Representative Logan of the 62nd: A resolution compensating Mr. Roper David in the amount of $123.00.
HR 215. By Representative Colwell of the 4th: A resolution compensating Mr. Robert L. Abies in the amount of $825.00.

HR 238. By Representative Lee of the 72nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by law for the regulation of lobbying; to provide for the submission of this amendment for ratification or rejection.

HR 310. By Representatives Milford and Clark of the 13th:
A resolution supporting and endorsing the construction of the Richard B. Russell Dam and Reservoir.

HB 123. By Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th 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.

HB 138. By Representatives Taggart of the 125th, Evans of the 84th, Tucker of the 73rd and others:
A bill to repeal Code Section 24-107 relating to the requirement that minutes of courts of record be read and signed.

HB 166. By Representatives Hatcher of the 131st, Walker of the 115th, Karrh of the 106th and others:

A bill to amend Code Chapter 24-39, relating to powers of the Supreme

Court, so as to authorize the Supreme Court to receive and answer

certificates as to State law from Federal appellate courts.

'

WEDNESDAY, MARCH 2, 1977

1523

HB 261. By Representative Buck of the 95th:
A bill to amend an Act to provide 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, so as to provide for the fixing of support to be paid by such a father, where custody of a minor child or children is awarded to the mother as a part of the divorce decree.

HB 360. By Representatives Murphy of the 18th, Vaughn of the 57th, Wilson of the 19th and others:
A bill to amend an Act fixing the salaries of the judges of the superior courts, so as to change the compensation provisions relating to secretaries of the judges of the superior courts and district attorneys.

HB 565. By Representatives Thompson of the 93rd and Bishop of the 94th:
A bill to amend Code Section 24A-401, relating to definitions of terms used in the Juvenile Court Code of Georgia, as amended, so as to change the definition of the term "child" to include any individual under the age of 18 years, if alleged to be a "deprived child".

HB 594. By Representatives Harris of the 8th, Twiggs of the 4th, Hanner of the 130th and others:
A bill to amend the Georgia Peace Officer Standards and Training Act, as amended, so as to change certain of the qualifications for the certification of peace officers; to provide an effective date.

HB 627. By Representatives Holmes of the 39th and Bolster of the 30th:
A bill to amend Code Section 59-106 relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, so as to provide a maximum number of jurors to be selected for eligibility to serve as grand jurors in any county utilizing a plan for the selection of persons to serve as jurors by mechanical or electronic means.
HB 837. By Representatives Lambert of the 112th and Marcus of the 26th:
A bill to amend Code Title 24A, the Juvenile Court Code of Ga., so as to provide an alternative means of securing hospitalization for mentally ill and mentally retarded children; to provide for legislative purpose; to provide for emergency admissions.
HB 322. By Representatives Snow of the 1st, Butler of the 56th, Evans of the 84th and others:
A bill to amend an Act known as the "Child Support Recovery Act", as amended, so as to clarify the responsibility of official of the Dept. of Revenue to disclose to officials of the Dept. of Human Resources income tax information pertaining to parents of children for whom the Dept. of Human Resources has assignments to child support rights.

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JOURNAL OF THE SENATE,

HB 450. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend an Act prohibiting the State Board of Medical Examiners and the State Board of Pharmacy Examiners from issuing a license to practice medicine or pharmacy in this State to any person who was not born or naturalized in the United States or who is not a citizen of the United States.

HB 620. By Representatives Johnson, Lee, Benefield and Wood of the 72nd:
A bill to amend the "Child Support Recovery Act", as amended, so as to authorize the District Attorneys of this State to assist the Dept. of Human Resources in the enforcement of the provisions of the Child Support Recovery Act, as amended.

HB 665. By Representatives Culpepper of the 98th, Evans of the 84th, Tuten of the 153rd and others:
A bill to amend an Act known as the "Child Support Recovery Act", as amended, so as to provide that parents may make wage assignments to the Dept. of Human Resources to fulfill their obligations under this Act; to provide that employers are required to comply with said as signments.

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 118. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes," as amended, so as to provide that no person shall be entitled to claim credit for prior service if such service is claimed for retirement or pension benefits under other retirement or pension system.

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

On the passage of the bill, the yeas were 51, nays 0.

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

SB 120. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to change the provisions relative to the claiming of credit for military service.

WEDNESDAY, MARCH 2, 1977

1525

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 51, nays 0.

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

SB 336. By Senator English of the 21st:
A bill to amend an Act placing the Sheriff of Warren County upon an annual salary in lieu of the fee system of compensation, so as to authorize the Sheriff of Warren County to appoint deputy sheriffs.

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

On the passage of the bill, the yeas were 51, nays 0.

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

SB 341. 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 terms of office of the Mayor and Aldermen; to change the number of Aldermen.

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 51, nays 0.

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

SB 343. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the State Court of Evans County, as amended, so as to change the compensation of the judge and solicitor of said court; to provide an effective date.

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

On the passage of the bill, the yeas were 51, nays 0.

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JOURNAL OF THE SENATE,

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

HB 674. By Representatives Snow and Hays of the 1st, Foster of the 6th 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 provide for the creation of a special fund from which salaries and expenses of the office of Tax Commissioner shall be paid.

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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 687. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to provide an annual salary for the coroner of each county of this State having a population of not less than 28,300 and not more than 29,600, 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 688. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, as amended, so as to change the provisions relating to the expense allowance of the chairman and the members of the board of commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

WEDNESDAY, MARCH 2, 1977

1527

The bill, having received the requisite constitutional majority, was passed.

HB 689. By Representatives Kilgore of the 65th, and Johnson and Glanton of the 66th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Douglas County on annual salaries, as amended, so as to change the provisions relative to the compensation of the clerk, sheriff, judge of the probate court and 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 753. By Representative Connell of the 87th:
A bill to amend an Act entitled "An Act to Regulate Public Instruction in the County of Richmond", as amended, so as to provide for the signing of all checks, drafts and orders by the facsimile signature of the respective 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 777. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act creating a Board of Commissioners for Bacon County, Georgia, as amended, so as to change the compensation of the chairman of the board of commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 778. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, so as to change the compensation provisions relating to 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 780. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act to abolish the present mode of compensating the Judge of the Probate Court of Bacon County, known as the fee system, so as to change the provisions relating to, and 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 781. By Representatives Wheeler and Foster of the 152nd:
A bill to amend an Act to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as the fee system, so as to authorize a change in the compensation of the clerk and the procedure by which such compensation is determined.

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 51, nays 0,

The bill, having received the requisite constitutional majority, was passed.

HB 816. By Representatives Foster of the 152nd, and Stone and Greene of the 138th:
A bill to abolish the present mode of compensating the Clerk of the

WEDNESDAY, MARCH 2, 1977

1529

Superior Court, the Judge of the Probate Court, and the Tax Com missioner of Brantley County, so as to change certain provisions relative to the personnel of the clerk of the superior court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 868. By Representative Crosby of the 150th:
A bill to amend an Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 870. By Representative Crosby of the 150th:
A bill to amend an Act placing the Sheriff of Atkinson County upon an annual salary, as amended, so as to change the compensation of the -sheriff of said 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 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 888. By Representative Kemp of the 139th: A bill to amend an Act providing a new charter for the City of Hinesville, as amended, so as to change the name of the mayor's court; to provide that the mayor pro tern may serve as the recorder.
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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

.HB 885. By Representatives Milford and Mann of the 13th:
A bill to create a new charter for the Town of Bowersville in the County of Hart; to provide for incorporation; to provide for corporate boundaries; to provide for specific and general powers and the construction and exercise thereof.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 890. By Representative Kemp of the 139th:
A bill to amend an Act creating a Small Claims Court for Liberty County, so as to change the jurisdiction of said court; to change certain 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 895. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County approved Dec. 18, 1819, as amended, so as to authorize the Judge of the Probate Court of Chatham County to preside as judge pro hac vice in the State Court of Chatham County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 2, 1977

1531

HB 896. By Representatives Looper and Anderson of the 8th:
A bill to amend an Act placing the Sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff; to provide an effective date.

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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 900. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County, as amended, so as to change the provisions relating to costs and deposits in the State Court of Chatham County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 916. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the Sheriff of Towns County on an annual salary, as amended, so as to change the provisions relative to the compensation of the sheriff and 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 918. By Representative Birdsong of the 103rd:
A bill to amend an Act establishing a new charter for the City of Jeffersonville, as amended, so as to change the provisions relating to the composition and election of the members of the city council; to provide for election districts.

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JOURNAL OP 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 919. By Representative Birdsong of the 103rd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, as amended, so as to change the compensation of the chairman and the commissioners of said board; to change the provisions relating to meetings.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 922. By Representative Murray of the 116th:
A bill to provide a new Charter for the City of Leslie in the County of Sumter; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 923. By Representative Murray of the 116th:
A bill to amend an Act creating a new charter for the City of Plains, in the County of Sumter, so as to provide for a Municipal Court in lieu 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 51, nays 0.

WEDNESDAY, MARCH 2, 1977

1533

The bill, having received the requisite constitutional majority, was passed.

HB 933. By Representatives Taggart of the 125th, Scott of the 123rd, Battle of the 124th and others:
A bill to amend an Act creating the State Court of Chatham County, as amended, so as to provide for the filling of vacancies in the office of Judge of the State Court of Chatham County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 934. By Representative Reaves of the 147th:
A bill to repeal an Act to provide a supplementary salary payable from county funds for clerks of the superior court in counties having a popula tion of not more than 2,000 according to the U.S. Decennial Census of 1960 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 935. By Representative Reaves of the 147th:
A bill to repeal an Act to authorize the governing authority in counties having a population of less than 3,000 according to the U.S. census of 1950 or any future census, to supplement the compensation of the clerk of the superior court.

The report of the committee, which was favorable tc the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1534

JOURNAL OF THE SENATE,

HB 939. By Representative Rainey of the 135th:
A bill to amend an Act creating a Small Claims Court in Dooly County so as to change the jurisdiction of said court; to change the provisions to costs and fees; to provide for the appointment of bailiffs and their powers and duties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 889. By Representative Kemp of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, so as to provide for the employment of a lieutenant and criminal investigator in the sheriff's office; to provide for longevity increases for certain personnel of the sheriff's office.
The Committee on County and Urban Affairs offered the following substitute to HB 889:
A BILL
To be entitled an Act to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, ap proved February 16, 1955 (Ga. Laws 1955, p. 2340), as amended, partic ularly by an Act approved March 21, 1975 (Ga. Laws 1975, p. 2790), so as to change the subsistence allowance of the sheriff; to change certain provisions relating to the compensation of certain deputies; to provide for the employment of a lieutenant and criminal investigator in the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. Laws 1955, p. 2340), as amended, particularly by an Act approved March 21, 1975 (Ga. Laws 1975, p. 2789), is hereby amended by striking from the first sentence thereof the following:
"$200.00",
and substituting in lieu thereof the following:
"not less than $200.00",

WEDNESDAY, MARCH 2, 1977

1535

and by adding in the fifth sentence of Section 4 after the word "of" the following:

"not less than",

and by adding at the end of said Section the following paragraph:

"Subject to the approval of the governing authority of Liberty County, the sheriff shall be authorized to employ a lieutenant and criminal investigator. Their annual salaries shall be not less than $9,400, each. In addition to such salary, each such employee shall receive a $100 per month subsistence allowance.",

so that when so amended Section 4 shall read as follows:

"Section 4. The Sheriff of Liberty County shall be compensated in the amount of $13,500.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. In addition to the salary herein provided for, the sheriff shall receive a supplemental compensation of not less than $200.00 per month for subsistence al lowance. This compensation shall be in lieu of the fees which said sheriff has heretofore received. Such compensation shall be allinclusive, and the sheriff shall receive no other compensation for any services he performs in any capacity or in any court, except as provided in this Act. Full-time deputies shall be compensated in the amount of not less than $700.00 per month as salary. In addition to the salary herein provided for, the full-time deputy sheriff shall receive a supplemental compensation of $100.00 per month for subsistence allowance. Said salary and subsistence allowance shall be paid from the funds of Liberty County. Part-time deputies shall be compensated in the amount of $150.00 per month, to be paid from the funds of Liberty County. The County Commissioners of Liberty County shall furnish adequate transportation to the full-time deputies, or in lieu thereof, shall compensate such deputies at the rate of ten (10) cents per mile for actual miles traveled inside Liberty County while in the performance of their duties. The sheriff and any deputy shall be entitled to and shall receive mileage allowance at the rate of ten (10) cents per mile for actual miles traveled outside Liberty County when in the performance of their duties when not using a county vehicle.

Subject to the approval of the governing authority of Liberty County, the sheriff shall be authorized to employ a lieutenant and criminal investigator. Their annual salaries sha1 ! be not less than $9,400, each. In addition to such salary, each such employee shall receive a $100 per month subsistence allowance."

Section 2. The provisions of this Act shall become effective on July 1, 1977.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

1536

JOURNAL OF THE SENATE,

On the adoption of the substitute, the yeas were 51, 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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 699. By Representatives Greene and Stone of the 138th:
A bill to abolish and reestablish boards of hospital authorities in each county of this State having a population of not less than 17,830 and not more than 18,080 according to the U.S. Decennial Census of 1970 or any future such census.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 699 by striking in its entirety subsection (a) of Section 2, beginning on line 21 of Page 1, which subsection (a) reads as follows:
"(a) There is hereby created, in all counties of this State having a population of not less than 17,830 and not more than 18,080 according to the United States Decennial Census of 1970 or any future such census, a board of the hospital authority to consist of 5 mer.-.bers appointed for terms of 4 years and until the appointment and qualification of their successors, except that, of the initial appointments made to each such board, 2 members shall be appointed for initial terms of one year, one member shall be appointed for an initial term of 2 years, one member shall be appointed for an initial term of 3 years, and one member shall be appointed for an initial term of 4 years.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is hereby created, in all counties of this State having a population of not less than 17,830 and not more than 18,080, according to the United States Decennial Census of 1970 or any future such census, a board of the hospital authority to consist of 5 members appointed for terms of 2 years beginning with the date of their appointment. Members shall be eligible for reappointment."

On the adoption of the amendment, the yeas were 51, nays 0, and the

amendment was adopted.

'

WEDNESDAY, MARCH 2, 1977

1537

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 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President called for the morning roll call, and the following Senators answered to their names:

Allgood Ballard
Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Fincher
Foster Gillis Greene Hudgins Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley
Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Walker Wessels

Those not answering were Senators:

Broun of 46th Coverdell Hill

Holloway Howard Summers

Tate Tysinger

Senator Barnes of the 33rd introduced the chaplain of the day, Reverend Clyde F. Wade, pastor of the Davis Chapel Baptist Church, Austell, Georgia, who offered prayer.

The following resolutions of the Senate were read and adopted:

SR 151. By Senators Foster of the 50th, Ballard of the 45th, Sutton of the 9th and others:
A resolution supporting and endorsing the conducting of a study to determine the feasibility of hosting the 1984 Summer Olympic Games.

SR 152. By Senators Riley of the 1st and Wessels of the 2nd: A resolution commending Rick Hutto.

1538

JOURNAL OP THE SENATE,

SR 153. By Senator Riley of the 1st: A resolution commending John Earl.

SR 154. By Senators Riley of the 1st and Wessels of the 2nd: A resolution commending Bruce B. Greene.

SENATE RULES CALENDAR
Wednesday, March 2,1977
SR 110. Mental Health & Mental Retardation Services Study Committee-- create
SR 113. Senate Vocational-Technical Education Study Committee--create
SR 117. National Alliance of Businessmen--endorsing jobs & education programs
HB 2. State Warehouse Act--maximum surety bonding requirement
HB 57. Pharmacists--substitution of certain brand name drugs (SUB)
HB 64. Public School Employees' Retirement System--certain persons be come members
HB 183. State Vending Facility Operated by Blind or Disabled
HB 189. Voter's Certificates--change provisions
HB 209. Public School Employees' Retirement--change benefits (AM)
HB 250. Necrophilia--create crime
HB 294. Water Well Standards Advisory Council--change assignment
HB 295. Water Well Standards Act--provide
HB 317. Driver's License Revocation--limited driving permit
HB 331. Sheriffs' Retirement Fund--increase in benefits
HB 332. Sheriffs' Retirement--Board of Commissioners not furnish surety bond
HB 446. CATV--unlawful to avoid payment
HB 451. Medical Practitioners Code--personnel of board
HB 566. Structural Pest Control Act--change certain definitions
HB 586. Newly-Elected Board of Education Members--attend orientation workshops
HB 590. Parks and Recreational Areas--certain definitions (AM)
HB 607. Adequate Program for Education--provide kindergarten program (AM)
HB 626. Boat Safety Act--provide certain definitions (SUB)
HB 628. Taxation of Net Income--conform meanings to Internal Revenue Code (SUB)

WEDNESDAY, MARCH 2, 1977

1539

HB 629. MART A Board of Directors--waiving competitive bidding (SUB) HB 630. MARTA--bonds used as security for all public deposits HB 631. Challenge of Absentee Ballots--change provisions HB 663. Practical Nurses Board of Examiners--temporary licenses HB 792. Game and Fish--revise laws (AM) HR 113. Miller County--conveyance of certain real property HR 137. Consolidation & Merger of County Districts--change requirements HR 213. Personnel Board & Commissioner--urge continue study of employee
job classification

Respectfully submitted,

/s/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 110. By Senators Duncan of the 30th, Lester of the 23rd, Brown of the 47th and others:
A resolution creating the Mental Health and Mental Retardation Serv ices 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:

Allgood Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English

EVans Fincher Foster Gillis Holloway Hudson Johnson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Button Thompson Traylor Turner Tysinger

1540

JOURNAL OF THE SENATE,

Those not voting were Senators:

Ballard Broun of 46th Coverdell Greene

Hill Howard Hudgins Summers

Tate Timmons Walker Wessels

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Riley of the 1st moved that the following bill of the Senate be with drawn from the Committee on Transportation and committed to the Committee on County and Urban Affairs:

SB 323. By Senators Riley of the 1st, Wessels of the 2nd and Traylor of the 3rd:
A bill to amend and revise an Act implementing the provisions of an Amendment to the Constitution, ratified November 4, 1952, creating the Savannah Port Authority, as amended, so as to provide an alter native procedure whereby the Savannah Port Authority can stimulate industrial expansion and development.

On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 323 was withdrawn from the Committee on Transportation and committed to the Committee on County and Urban Affairs.

The following general resolutions of the Senate and bill of the House, favor ably reported by the committees, were read the third time and put upon their adoption:

SR 113. By Senators Doss of the 52nd, Carter of the 14th and Broun of the 46th:
A resolution creating the Senate Vocational-Technical Education 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:

Allgood Banks Barker Barnes

Bell Bond Brantley Brown of 47th

Carter Coverdell Dean of 6th Doss

WEDNESDAY, MARCH 2, 1977

1541

Eldridge English Evans Foster Gillis Greene Holloway Howard Hudson Kennedy Kidd

Langford Lester McGill Overby Paulk Pearce Reynolds Robinson Russell Scott Shapard

Starr Stephens Stumbaugh Sutton Tate Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Ballard Broun of 46th
Dean of 31st Duncan

Fincher Hill
Hudgins Johnson

Riley Summers
Thompson Timmons

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 117. By Senator Ballard of the 45th:
A resolution endorsing the jobs and education programs of the National Alliance of Businessmen.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Carter Coverdell
Dean of 6th Doss Eldridge English

Evans Fincher Foster Gillis Greene Holloway Howard Hudson
Kennedy Kidd Langford Lester
McGill Overby Paulk Pearce

Reynolds Robinson Russell Scott Shapard Stephens Stumbaugh Sutton
Tate Thompson Timmons Traylor
Turner Tysinger Walker Wessels

1542

JOURNAL OF THE SENATE,

Those not voting were Senators:

Dean of 31st Duncan Hill

Hudgins Johnson Riley

Starr Summers

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.

HB 2. By Representatives Long of the 142nd, Keyton of the 143rd, Collins of the 144th and others:
A bill to amend an Act known as the "Georgia State Warehouse Act", so as to provide a maximum surety bonding requirement of $100,000 for each warehouse licensed pursuant to the Act.
Senate Sponsor: Senator McGill of the 24th.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th
Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge English

Evans Fincher Foster Gillis Greene Hudgins Hudson Kennedy Kidd Langford Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker

Those not voting were Senators:

Dean of 31st Duncan Hill
Holloway (presiding)

Howard Johnson Shapard

Starr Summers Wessels

WEDNESDAY, MARCH 2, 1977 .

1543

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Broun of the 46th introduced the doctor of the day, Dr. John Stegman, of Athens, Georgia.

The President resumed the Chair.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 57. By Representatives Parham of the 109th and Baugh of the 108th: A bill to amend Code Chapter 79A-4, relating to pharmacists, as amended, so as to provide for the substitution of certain generic and brand name drugs; to provide for recording of substitutes.
Senate Sponsor: Senator Sutton of the 9th.
The Senate Committee on Human Resources offered the following substitute to HB 57:
A BILL
To be entitled an Act to amend Code Chapter 79A-4, relating to pharmacists, as amended, so as to authorize pharmacists to substitute drug products with the same generic names under certain conditions; to provide definitions; to provide for practices, procedures, requirements and restrictions on the substitution of drugs; to provide that substitution of drugs under the provisions of this Act shall not constitute the practice of medicine; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 79A-4, relating to pharmacists, as amended, is hereby amended by adding following Code Section 79A-408 five new Sections to be designated Sections 79A-408.1 through 79A-408.5, to read as follows:
"79A-408.1. Definitions. For the purposes of Sections 79A-408.1 through 79A-408.5, unless the context otherwise requires, the term:
(1) 'brand name' means the proprietary or trade name used by a drug manufacturer for a generic drug and placed upon the drug, its container, label or wrapping at the time of packaging.
(2) 'generic name' means the chemical or generic name of drug products having the same active chemical ingredients as specified in an official compendium.

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JOURNAL OF THE SENATE,

(3) 'substitute' means to dispense a therapeutically equivalent drug in place of the drug prescribed.

(4) 'therapeutically equivalent' applies to those chemically equivalent drugs of the same dosage form which in equal quantities are expected to produce the same clinical effect.

79A-408.2. Drug substitution
(a) In accordance with the provisions of Section 79A-408.3, a pharmacist may substitute a drug with the same generic name in the same strength, quantity, dose and dosage form as a prescribed brand name drug which is, in the pharmacist's professional opinion, therapeutically equivalent. Said substitution is for the express purpose of making available the lowest retail priced drug which is in stock.

(b) If a practitioner of the healing arts prescribes a drug by its generic name, the pharmacist shall dispense the lowest retail priced brand which, consistent with his reasonable professional judgment, is therapeutically equivalent and which is in stock.

79A-4Q8.3. Limitation on substitution
(a) A purchaser of a drug may instruct a pharmacist not to substitute a generic name drug for the brand name drug prescribed.

(b) A practitioner of the healing arts shall instruct whether or not a generic name drug may be substituted for the specified brand name drug in a prescription he has ordered.

(c) Every prescription written in this State by a licensed practitioner shall be on a prescription form containing two lines for the practitioner's signature. Alongside the first line shall be clearly printed the words 'Dispense As Written'; alongside the second signature line shall be clearly printed the words 'Generic Sub stitution Permitted'. Effective January 1, 1978, any person using prescription forms to prescribe dangerous drugs, which forms do not comply with the requirements of this subsection, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

79A-408.4. Notices
Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a sub stitution and the identity of the dispensed drug and its manufacturer. Such prescription shall be made available for inspection by the Board of Pharmacy or its representative in accordance with the rules of the board."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

WEDNESDAY, MARCH 2, 1977

1545

Senator Greene of the 26th offered the following substitute to HB 57:

A BILL

To be entitled an Act to amend Code Chapter 79A-4, relating to pharmacists, as amended, so as to authorize pharmacists to substitute drug products with the same generic names under certain conditions; to provide definitions; to provide for practices, procedures; requirements and restrictions on the substitution of drugs; to provide that substitution of drugs under the provisions of this Act shall not constitute the practice of medicine; 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 Chapter 79A-4, relating to pharmacists, as amended, is hereby amended by adding following Code Section 79A-408 five new Sections to be designated Sections 79A-408.1 through 79A-408.5, to read as follows:
"79A-408.1. Definitions. For the purposes of Sections 79A-408.1 through 79A-408.5, unless the context otherwise requires, the term:

(1) 'Brand name' means the proprietary, specialty or trade name used by a drug manufacturer for a generic drug and placed upon the drug, its container, label or wrapping at the time of packaging.

(2) 'Generic name' means a chemical name, a common or public name or an official name used in an official compendium recognized by the Federal Food, Drug and Cosmetic Act, as amended.
(3) 'Pharmaceutically equivalent' means those drug products which have the same active chemical ingredients.

(4) 'Therapeutically equivalent' means those drug products which are expected to produce the same chemical or therapeutic effect.
(5) 'Substitute' means to dispense pharmaceutically equivalent and therapeutically equivalent drug products in place of the drug prescribed.

79A-408.2. Drug Substitution, (a) In accordance with the provisions of Section 79A-408.3, a pharmacist may substitute a drug with the same generic name in the same strength, quantity, dose and dosage form as the prescribed brand name drug product which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent.

(b) If a practitioner of the healing arts prescribes a drug by its generic name, the pharmacist shall dispense the lowest retail priced drug product which is, in the pharmacist's reasonable pro-

1546

JOURNAL OF THE SENATE,

fessional opinion, both therapeutically equivalent and pharmaceutically equivalent.

(c) Substitutions as provided for in subsections (a) and (b) are authorized for the express purpose of making available to the consumer the lowest retail priced drug product which is either in stock or reasonably obtainable by the pharmacist. The total difference in acquisition costs to the pharmacist between the prescribed drug product and the substituted drug product shall be passed on to the consumer as monetary savings.

79A-408.3. Limitation on substitution, (a) A purchaser of a drug product may instruct a pharmacist not to substitute.

(b) A practitioner of the healing arts shall instruct the phar macist whether or not a generic name drug product may be sub stituted for the said practitioner's prescribed brand name drug product.

(c) Every prescription written in this State by a licensed prac titioner of the healing arts shall be on a prescription form containing two lines for the practitioner's signature. Alongside the first sig nature line shall be clearly printed the words 'Generic Substitution Permitted'; immediately below the first signature line and alongside the second signature line shall be clearly printed the words 'Dispense as Written'. Effective January 1, 1978, any person using prescription forms to prescribe dangerous drugs, which forms do not comply with the requirements of this subsection, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

79A-408.4. Notices. Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product and its manufacturer. Such prescription shall be made available for inspection by the Board of Pharmacy or its representa tive in accordance with the rules of the board.

79A-408.5. Civil immunity. The substitution of any drug by a registered pharmacist pursuant to Code Section 79A-408.2 does not constitute the practice of medicine."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Shapard of the 28th moved to print the amendments to the substitutes offered to HB 57.

On the motion, the yeas were 30, nays 3; the motion prevailed, and the amend ments to the substitutes to HB 57 were ordered printed.

Senator Howard of the 42nd moved that the Senate reconsider its action in

WEDNESDAY, MARCH 2, 1977

1547

adopting the motion offered by Senator Shapard of the 28th to print the amend ments to the substitute to HB 57.

On the motion, the yeas were 35, nays 9; the motion prevailed, and the adoption of the motion to print the amendments was reconsidered, and the amendments were not printed.

Senator Doss of the 52nd offered the following amendment to the sub stitute offered by the Senate Committee on Human Resources:
Amend HB 57 by deleting on Page 2, line 25, subsection (b) and sub stituting in lieu thereof:
" (b) A practitioner of the healing arts shall instruct the pharmacist whether or not a generic name drug may be substituted for the specified brand name drug prescribed. Further, the prac titioner shall inform the patient of his or her right to refuse such substitution by the pharmacist."

On the adoption of the amendment, Senator Sutton of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Bond Doss Duncan

Kennedy Pearce

Traylor Tysinger

Those voting in the negative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge English Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudson Johnson Kidd Langford
Lester McGill Overby Paulk Reynolds

Riley Robinson Russell
Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels

Not voting were Senators Hudgins and Summers.
On the adoption of the amendment, the yeas were 7, nays 47, and the amend ment was lost.

1548

JOURNAL OF THE SENATE,

Senator Bond of the 39th offered the following amendment to the substitute offered by the Senate Committee on Human Resources:

Amend HB 57 by adding on Page 2, line 15, a new sentence to read as follows:

"The full difference in acquisition costs between the prescribed drug and the dispensed drug shall be passed on as savings to the consumer."

On the adoption of the amendment, the yeas were 6, nays 28, and the amend ment was lost.

Senator Bond of the 39th offered the following amendment to the substitute offered by the Senate Committee on Human Resources:
Amend HB 57 by adding to proposed Code Section 79A-408.4, follow ing the sentence ending on line 14 of Page 3, the following:
"In the event a pharmacist substitutes a drug product different than the one prescribed, notification of the drug dispensed shall be provided to the prescriber within 48 hours."

On the adoption of the amendment, the yeas were 4, nays 36, and the amend ment was lost.

Senator Bond of the 39th offered the following amendment to the substitute offered by the Senate Committee on Human Resources:
Amend HB 57 by striking from line 5 of Page 2 the following:
"are expected to",
and inserting in lieu thereof the following: "shall".

On the adoption of the amendment, the yeas were 2, nays 36, and the amend ment was lost.
Senator Greene of the 26th offered the following amendment to the sub stitute offered by Senator Greene of the 26th:
Amend HB 57 by striking on Page 2, line 29 the words "or" and "either" and on line 30 striking the words "reasonably obtainable by the pharmacist".

WEDNESDAY, MARCH 2, 1977

1549

On the adoption of the amendment, the yeas were 20, nays 20, and the amend ment was lost.

Senator Doss of the 52nd offered the following amendment to the substitute offered by Senator Greene of the 26th:
Amend HB 57 by adding on Page 3, line 7 after the word "product" a new sentence to read as follows:
"Further, the practitioner shall inform the patient of his or her right to refuse such substitution by the pharmacist."

On the adoption of the amendment, the yeas were 2, nays 38, and the amend ment was lost.

On the adoption of the substitute offered by the Senate Committee on Human Resources, 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:

Allgood Barnes Bell Brantley Broun of 46th Brown of 47th Dean of 6th Dean of 31st Duncan Eldridge English Fincher

Foster Gillis Hill Holloway Kennedy Lester Overby Paulk Reynolds Riley Russell

Scott Starr Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Ballard Banks Barker Bond Carter Coverdell Doss

Evans Greene Howard Hudgins Hudson Johnson Kidd

McGill Pearce Robinson Shapard Stumbaugh Tate

Those not voting were Senators:

Langford

Stephens

Summers

On the adoption of the substitute, the yeas were 33, nays 20, and the substitute offered by the Senate Committee on Human Resources was adopted.

1550

JOURNAL OF THE SENATE,

The 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:

Allgood Ballard Banks Barker Barnes Bell
Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Langford

Stephens

Summers

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Greene of the 26th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 57.

HB 64. By Representatives Murphy of the 18th, McDonald of the 12th, Adams of the 79th and others:
A bill to amend an Act creating the Public School Employees' Retirement System so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service credits under the Retirement System.
Senate Sponsor: Senator Dean of the 31st.

The following fiscal note, as required by law, was read by the Secretary:

WEDNESDAY, MARCH 2, 1977

1551

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Richard B. Cook, Deputy Director, Office of Planning and Budget

DATE:

January 28, 1977

SUBJECT: Fiscal Note--House Bill 64 Public School Employees' Retirement System

Please find attached a memorandum from Mr. Abe Domain, Director of the Employees' Retirement System. We feel it is self-explanatory, and it concurs with our own analysis.

/a/ William M. Nixon, State Auditor

/s/ Richard B. Cobb, Deputy Director Office of Planning and Budget

R. BLESS AND ASSOCIATES, INC. Actuaries
Employee Benefit Plan Consultants P.O. Box 88127
Atlanta, Georgia 30338 January 26, 1977

Mr. Abe Domain, Director Employees' Retirement System of Georgia 2 Northside 75 Atlanta, Georgia 30318
Dear Abe:

RE: House Bill 64

In response to your request, we have analyzed the provisions of the above captioned House Bill. This Bill would enable certain members of the Public School Employees' Retirement System to claim credit for prior service. At the present time, prior service credit is denied these members because they did not become members of the System during the time specified by prior legislation.

At the present time there are 60 known members of the System who would be able to claim an aggregate of 4,402 additional months of service. The cost for this group would be $14,300 per year. This cost equates to approximately $3.25 per year per month of service claimed. In addition there are 199 others who may be eligible to claim as much as 24,700 months of service. The cost for this service would be approximately $80,000 per year. It is not known how many other members and non-

1552

JOURNAL OF THE SENATE,

members who have worked in the past may be eligible to claim service under the provisions of this Bill.

If you have any questions regarding the above, please call me.

Sincerely,

Bob Robert R. Bless

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Pincher Foster Gillis Greene Hill Holloway Howard Hudgins Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Hudson

Langford

Summers

On the passage of the bill, the yeas were 53, 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 bills of the House:

WEDNESDAY, MARCH 2, 1977

1553

HB 1075. By Representative Rush of the 121st:
A bill to amend an Act creating a new charter for the City of Ludowici, as amended, so as to change the qualifications of the recorder.

HB 1117. By Representative Ham of the 80th:
A bill to provide for a new charter for the City of Forsyth; to provide for the government, powers, duties and responsibilities of said city; to provide for all necessary matters connected therewith; to provide for severability.

HB 1120. By Representative Kemp of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County on an annual salary, as amended, so as to change the compensation of the clerk of the superior court; to change the provisions relating to the clerk's assistant.

HB 1121. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating and establishing a new charter for the Town of Tallulah Falls, as amended, so as to change the fine that may be imposed by the mayor and council.

HB 1123. By Representative Chance of the 129th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Effin^ham 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 1125. By Representatives Harris, Anderson and Looper of the 8th:
A bill to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Judge of the Probate Court of Bartow County on a salary basis instead of a fee basis, as amended, so as to change the provisions thereof relative to the sheriff's auto mobiles.

HB 1126. By Representative Tuten of the 153rd:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary, as amended, so as to change the provisions relative to the number of employees within the sheriff's office.

HB 1127. By Representative Tuten 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, as amended,

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so as to change the provisions relative to the compensation of the deputies of the judge of the probate court.

HB 1128. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Butts County into the office of Tax Commissioner of Butts County, as amended, so as to authorize the tax commissioner to receive certain fees in addition to any other compensation provided by law.

HB 1130. By Representative Jones of the 78th:
A bill to amend an Act placing the Sheriff of Lamar County on a salary basis so as to repeal the provisions relating to the residence of the sheriff.

HB 1134. By Representatives Johnson, Lee, Benefield and Wood 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, as amended, so as to change the compensation of the deputy tax commissioner.

HB 1131. By Representative Gammage of the 17th:
A bill to amend an Act creating a Board of Commissioners of Polk County, as amended, so as to change the salary of the Chairman and each of the other members of the Board of Commissioners of Polk County.

HB 1136. By Representatives Stone and Greene of the 138th:
A bill to amend an Act providing a new charter for the City of Hazlehurst as amended, so as to change the date of city elections.

HB 1137. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating the Board of Commissioners of Hall County, as amended, so as to provide for the delegation of police powers of the State with respect to persons and property situated within the County of Hall and without the territorial limits of any municipality in said county.

HB 1141. By Representatives Watson of the 114th and Waddle of the 113th:

A bill to amend an Act incorporating the City of Warner Robins, as

amended, so as to provide for the recall of the mayor and members

of the council; to provide the procedures connected therewith; to provide

special elections for filling vacancies.

'

WEDNESDAY, MARCH 2, 1977

1555

HB 1142. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Court house so as to permit the use of such funds for maintaining certain other public buildings.

HB 1145. By Representative Owens of the 77th:
A bill to provide for a board of elections in certain counties (popula tion 22,312-22,825); to define the powers and duties concerning primaries and elections and the registration of electors; to provide a method for appointment, resignation and removal of its members; to provide for the qualifications and terms of its members.

HB 1146. By Representative Hatcher of the 131st:
A bill to amend an Act to provide compensation for the members of the Board of Education of Baker County so as to change the compensation of the chairman and members of said board; to provide an effective date.

HB 1147. By Representatives Hatcher of the 131st, McCullum of the 134th and Hutchinson of the 133rd:
A bill to amend an Act creating a Board of Commissioners of Dougherty County, as amended, so as to authorize the election of a Vice-Chairman of the Board of Commissioners of Dougherty County.

HB 1132. By Representatives Harrison, Nix and Isakson of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to the District Attorney.

HB 1133. By Representatives Harrison, Nix and Isakson of the 20th and others:
A bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner.

The House has adopted by the requisite constitutional majority the following resolutions of the House:

HR 313. By Representative Dixon of the 151st:
A resolution proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection.

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JOURNAL OF THE SENATE,

HE 314. By Representatives Dixon of the 151st and Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Ware County shall have jurisdiction; to provide for the sub mission of this amendment for ratification or rejection.

HR 315. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Clinch County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection.

HR 316. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Atkinson County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection.

HR 318, By Representatives Galer of the 97th, Thompson of the 93rd, Bishop of the 94th and others:
A resolution proposing an amendment to the Constitution so as to limit the methods by which the charter of the government of Columbus, Ga., may be amended, revised or otherwise changed by the governing authority of the consolidated government; to provide for submission of this amendment for ratification or rejection.

HR 319. By Representative Lord of the 105th: 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 Glascock County.
The President announced that the Senate would stand in recess from 12:15 o'clock P.M. until 2:00 o'clock P.M.
At 2:00 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 bills of the House:

WEDNESDAY, MARCH 2, 1977

1557

HB 90. By Representatives Burton of the 47th, Hays and Snow of the 1st and others:
A bill to amend an Act providing that buildings and facilities con structed in the State by the use of federal, State, county or municipal funds shall adhere to certain requirements in order to make such build ings and facilities accessible to the physically handicapped.

HB 575. By Representative Ham of the 80th:
A bill to amend Code Section 26-2904, relating to licenses to carry pistols, so as to provide for the taking of two sets of fingerprints of the applicant; to provide for a fee for the services of a law enforce ment agency in relation to the application.

HB 279. By Representative Canty of the 38th:
A bill to prohibit discrimination in housing accommodations based on race, color, sex, religion or national origin; to provide for a declaration of policy; to provide definitions; to make certain acts relating to the sale or lease of housing accommodations unlawful.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 29. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others:
A bill to provide jury leave for persons employed as teachers in the public schools of this State; to provide for payment of compensation during any period of such leave.

The following general bills of the House, favorably reported by the com mittees, were, read the third time and put upon their passage:

HB 183. By Representatives Cox of the 141st, Lord of the 105th, Bargeron of the 83rd and others: A bill to amend an Act authorizing the operation of vending facilities in State buildings by blind or otherwise seriously disabled persons so as to change the term "vending stand" to "vending facility".
Senate Sponsor: Senator Russell of the 10th.
Senator Russell of the 10th offered the following amendment:
Amend HB 183 by deleting the following language appearing at lines 9 through 11 of Page 2:
" , including, but not limited to, the Georgia Building Authority, and any other real property in which the State of Georgia has a legal or beneficial interest.", and

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by adding a period immediately after the term "of Georgia" on line 9 of Page 2, and

by adding immediately after the term "Stone Mountain Memorial Association," on line 29 of Page 2, the following:

"the Georgia Building Authority,".

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 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:

Allgood Ballard Banks Barker Barnes Bell Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss English Evans Fincher

Foster Gillis Greene Hill Howard Hudson Kennedy Kidd Lester McGill Overby Paulk Reynolds Riley Robinson

Russell Scott Shapard Starr Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Bond Brantley Brown of 47th Duncan Eldridge

Holloway (presiding) Hudgins Johnson Langford

Pearce Stephens Summers Tate

On the passage of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 189. By Representatives Tolbert and Butler of the 56th, Linder of the 44th and Williamson of the 45th:
A bill to amend Code Section 34-1302, relating to voter's certificates,

WEDNESDAY, MARCH 2, 1977

1559

as amended, so as to change the provisions relative to such voter's certificate.
Senate Sponsor: Senator Wessels of the 2nd.

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:

Allgood Ballard Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge English

Fincher Foster Gillis Hill Hudgins Hudson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Button Thompson Timmons Traylor Turner Walker Wessels

Those voting in the negative were Senators:

Coverdell

Evans

Johnson

Those not voting were Senators:

Banks Bond Duncan Greene

Holloway (presiding) Howard Langford Stephens

Stumbaugh Summers Tate Tysinger

On the passage of the bill, the yeas were 41, nays 3.

The bill, having received the requisite constitutional majority, was

HB 209. By Representatives Buck of the 95th, Toles of the 16th, Dover of the llth and others:
A bill to amend an Act creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, so as to change the provisions relating to retirement benefits.
Senate Sponsor: Senator English of the 21st.

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JOURNAL OF THE SENATE,

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, Jr., State Auditor Richard B. Cobb, Deputy Director, Office of Planning and Budget

DATE:

January 18, 1977

SUBJECT: Fiscal Note--House Bill 209 Public School Employees' Retirement System

Please find attached a memorandum from Mr. Abe Domain, Director of the Employees' Retirement System which administers the Public School Employees' Retirement System. We feel it is self-explanatory, and concurs with our analysis.

/&/ William M. Nixon, Jr., State Auditor

I si Richard B. Cobb, Deputy Director, Office of Planning and Budget

EMPLOYEES' RETIREMENT SYSTEM Two Northside 75, Atlanta, Ga., 30318 January 14, 1977

MEMORANDUM

TO:

Mr. William M. Nixon, Jr.

State Auditor

FROM:

Abe Domain Director

SUBJECT: House Bill No. 209

At the present time the Act governing Public School Employees Retirement System provides a retirement benefit computed on the basis of $5.00 per month for each year of service.

This bill, if enacted, would increase the $5.00 per month for each year of service to $6.00 per month for each year of service. We are told by the actuary that the cost to fund this bill would amount to an additional State contribution of $1,960,000.00.

The Senate Committee on Retirement offered the following amendment:
Amend HB 209 by adding on Page 1, line 7, after the word "future" the following:
"to provide how this Act shall become effective;",

WEDNESDAY, MARCH 2, 1977

1561

and

By renumbering Section 2 as Section 3 and inserting a new Section

2 to read as follows:

"Section 2. This Act shall become effective whenever the Gen eral Assembly appropriates the necessary funds to implement the provisions of this Act."

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:

Allgood Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Fincher Poster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stumbaugh Tate Thompson Timmons Traylor Turner Walker Wessels

Those not voting were Senators:

Bond Holloway (presiding) Langford

Stephens Summers

Sutton Tysinger

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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JOURNAL OP THE SENATE,

HB 250. By Representatives Thompson of the 93rd and Buck of the 95th:
A bill to amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to create the crime of necrophilia; to provide for defini tions; to provide for penalties; to provide for an effective date.
Senate Sponsor: Senator Pearce of the 16th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47 Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Fincher Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Walker

Those not voting were Senators:

Barker Bond Evans

Holloway (presiding) Langford Riley

Summers Tysinger Wessels

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 was taken up for the purpose of considering House action thereto:

SR 20. By Senators Timmons of the llth, Russell of the 10th, Carter of the 14th and others:
A resolution relative to the Apalachicola-Chattahoochee-Flint waterway.

The House amendment was as follows: Amend SR 20 as follows:

WEDNESDAY, MARCH 2, 1977

1563

On line 8, Page 3, following the word "Senate", insert the words "and Clerk of the House", and strike the word "is" and insert in lieu thereof the word "are".

Senator Timmons of the llth moved that the Senate disagree to the House amendment to SR 20.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SR 20.

Senator Stephens of the 36th moved that the following local bill of the Senate, passed previously today, be immediately transmitted to the House:

SB 118. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Pulton County, and for other purposes," as amended, so as to provide that no person shall be entitled to claim credit for prior service if such service is claimed for retirement or pension benefits under other retirement or pension system.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 118 was immediately transmitted to the House.

Senator Stephens of the 36th moved that the following local bill of the Senate, passed previously today, be immediately transmitted to the House:

SB 120. By Senator Stephens of the 36th:
A bill to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to change the provisions relative to the claiming of credit for military service.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 120 was immediately transmitted to the House.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 294. By Representatives Battle of the 124th, Phillips of the 120th, Banner of the 130th and others:
A bill to amend an Act providing for the development of water well standards and creating the Water Well Standards Advisory Council,

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JOURNAL OF THE SENATE,

approved Mar. 31, 1976, so as to change the assignment of the Council for administrative purposes.
Senate Sponsor: Senator Gillis of the 20th.

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:

Allgood Banks Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Doss English Evans Fincher

Foster Gillis Greene Howard Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Those voting in the negative were Senators:

Dean of 6th Eldridge

Hudgins Robinson

Those not voting were Senators:

Ballard Bond Brown of 47 Dean of 31st Duncan

Hill Holloway (presiding) Hudson Langford Riley

Scott Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Walker
Shapard
Russell Summers Tysinger Wessels

On the passage of the bill, the yeas were 37, nays 5. The bill, having received the requisite constitutional majority, was passed.

HB 295. By Representatives Battle of the 124th, Phillips of the 120th, Hanner of the 130th and others:
A bill to provide standards for the location, construction, abandoning and approval of individual and semipublic water wells; to provide a short title ("Water Well Standards Act"); to provide definitions.
Senate Sponsor: Senator Gillis of the 20th.

WEDNESDAY, MARCH 2, 1977

1565

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss

Eldridge English Evans Foster Gillis Greene Howard Johnson Kennedy Kidd Lester McGill Overby

Paulk Pearce Reynolds Riley Scott Shapard Stephens Stumbaugh Sutton Tate Timmons Turner Tysinger

Those voting in the negative were Senators:

Dean of 6th Hudgins

Robinson

Traylor

Those not voting were Senators:

Dean of 31st Duncan Fincher Hill Holloway (presiding)

Hudson Langford Russell Starr

Summers Thompson Walker Wessels

On the passage of the bill, the yeas were 39, nays 4.

The bill, having received the requisite constitutional majority, was passed.

HB 317. By Representatives Hanner of the 130th, Long of the 142nd, Coleman of the 118th and others:
A bill to amend Code Section 68B-311, relating to limited driving permits for first offenders so as to provide that a person whose driver's license has been revoked may obtain a limited driving permit under certain conditions; to provide an effective date.
Senate Sponsor: Senator Timmons of the llth.

Senator Greene of the 26th offered the following amendment:
Amend HB 317 by striking on Page 1, line 23, the word "five" and inserting in lieu thereof the word "ten".

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JOURNAL OF THE SENATE,

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:

Allgood Banks Brantley Brown of 47th Carter Dean of 6th Duncan English Pincher Foster Gillis

Hill Howard Hudgins Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Robinson Russell Shapard Stephens Tate Timmons Traylor Turner

Those voting in the negative were Senators:

Ballard Barnes Bell Bond Broun of 46th Coverdell

Doss Eldridge Evans Greene Riley Scott

Starr Stumbaugh Button Thompson Tysinger Wessels

Those not voting were Senators:

Barker Dean of 31st Holloway (presiding)

Hudson Langford

Summers Walker

On the passage of the bill, the yeas were 31, nays 18.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Timmons of the llth moved that HB 317 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 317 was immediately transmitted to the House.
HB 446. By Representatives Whitmire, Wood and Jackson of the 9th: 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

WEDNESDAY, MARCH 2, 1977

1567

services, so as to include cable television services (CATV) within the provisions of the Act.
Senate Sponsor: Senator Overby of the 49th.

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:

Allgood Ballard Banks Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge English Evans Fincher

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Scott Shapard Stephens Stumbaugh Sutton Tate Traylor Turner Tysinger Wessels

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Barker Broun of 46th Dean of 31st Duncan

Holloway (presiding) Langford Russell Starr

Summers Thompson Timmons Walker

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 451. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the provisions relative to the personnel of the board; to change the provisions relative to the internship require ments for licensure; to change certain provisions relative to the licenses issued by the board.
Senate Sponsor: Senator Kidd of the 25th.

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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, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Brantley Carter Dean of 6th Doss Eldridge English Evans Fincher

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk

Pearce Reynolds Robinson Scott Shapard Starr Stephens Stumbaugh Sutton Timmons Traylor Turner Tysinger Wessels

Those not voting were Senators:

Bond Broun of 46th Brown of 47th Coverdell Dean of 31st

Duncan Holloway (presiding) Langford Riley Russell

Summers Tate Thompson Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 566. By Representatives Reaves of the 147th, Keyton of the 143rd, Long of the 142nd and others:
A bill to amend the Structural Pest Control Act, as amended, so as to change, add, remove and redesignate certain definitions; to strike references to certain applicators.
Senate Sponsor: Senator McGill of the 24th.

Senator Evans of the 37th offered the following amendment:
Amend HB 566 by deleting all words appearing on lines 25 through 34 on Page 10 and all words on lines 1 through 15 on Page 11.

On the adoption of the amendment, the yeas were 32, nays 1, and the amend ment was adopted.

WEDNESDAY, MARCH 2, 1977

1569

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:

Allgood Ballard
Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter
Dean of 6th Doss Eldridge English Evans

Fincher Foster
Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy
Kidd Lester McGill Overby Paulk

Those not voting were Senators:

Broun of 46th Coverdell Dean of 31st Duncan
Holloway (presiding)

Langford Riley Robinson Russell

Pearce Reynolds Scott Shapard Starr Stephens Stumbaugh Sutton Timmons Traylor Turner Tysinger Wessels
Summers Tate Thompson Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having- received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 292. By Senator Kidd of the 25th:
A bill to create a court to be known as the "Magistrate's Court of Baldwin County"; to define its jurisdiction and powers; to provide for the appointment, duties and compensation of the presiding officer, who shall be designated Magistrate.

The House amendment was as follows:
Amend SB 292 by inserting, following the word "approval" on line 17 of Page 4, the following:

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JOURNAL OF THE SENATE,

"; provided, however, that this Act shall not be implemented until approved by the Board of Commissioners of Baldwin County".

Senator Kidd of the 25th moved that the Senate agree to the House amend ment to SB 292.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 292.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 586. By Representatives Pelton of the 22nd, Phillips of the 120th, Knight of the 67th and others: A bill to encourage newly-elected and newly-appointed members of local boards of education to attend workshops for orientation on the education al program objectives of Georgia and study and instruction on the subjects of school finance, school laws, responsiveness to the community, and the ethics, duties and responsibilities of local boards of education members. Senate Sponsor: Senator Starr of the 44th.
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:

Allgood Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Doss Duncan Eldridge English Evans

Pincher Foster Gillis Greene Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Robinson Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Wessels

Voting in the negative were Senators Dean of 6th and Hill.

WEDNESDAY, MARCH 2, 1977

1571

Those not voting were Senators:

Barker Coverdell Dean of 31st Holloway (presiding)

Langford Riley Russell Summers

Timmons Walker

On the passage of the bill, the yeas were 44, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 590. By Representatives Rainey of the 135th, Twiggs of the 4th, Gammage of the 17th and others:
A bill to amend an Act relating to State parks and recreational areas, as amended, so as to provide for certain definitions; to provide that certain acts shall be unlawful; to provide for penalties in connection therewith.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend HB 590 by striking from the language quoted as Section 9C in Section 2 of said bill the following:
"No rules and regulations promulgated pursuant to the pro visions of this Act shall have the force of law unless they are approved by a joint committee composed of three members of the standing committee of the House of Representatives to which such Act was referred to be appointed by the Chairman of such com mittee and three members of the standing committee of the Senate to which such Act was referred to be appointed by the Chairman of such committee. In order for such rules and regulations to have the force of law, it shall be necessary that not less than four members of the joint committee affirmatively approve such rules and regula tions. At least two of such four members must be Senators and at least two of such four members must be Representatives. A report showing the action of the joint committee and signed by all the members approving such rules and regulations shall be filed with the Clerk of the House of Representatives and with the Secretary of the Senate. Such report shall be included in the Journal of the House of Representatives and the Journal of the Senate. Such approved rules and regulations shall expire at the end of the next regular session of the General Assembly following the action of the joint committee unless the report of the committee is ratified by a resolution of the General Assembly at such session."

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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JOURNAL OP 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:

Allgood Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Eldridge English Evans Fincher

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Barker Coverdell

Holloway (presiding) Langford

Summers

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 607. By Representatives Lambert of the 112th, Ross of the 76th, Knight of the 67th 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 kindergarten pro gram; to provide authority to the State Board of Education concerning the kindergarten program.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Education offered the following amendment:

Amend HB 607 by inserting on Page 2, line 25, between the words "select" and "the" the following:
"to the degree allowed by rules and regulations of Title I of the Elementary and Secondary Education Act (P.L. 89-210, as amended),".

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1573

On the adoption of the amendment, the yeas were 34, 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:

Allgood Ballard Banks Bames Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English Evans

Fincher Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Wessels

Those not voting were Senators:

Barker Coverdell

Holloway (presiding) Langford

Summers Walker

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 29. By Senators Tate of the 38th, Foster of the 50th, Kidd of the 25th and others:
A bill to provide jury leave for persons employed as teachers in the public schools of this State; to provide for payment of compensation during any period of such leave.

The House amendment was as follows:

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Amend SB 29 by inserting the following sentence after the period on line 12, Page 1: "The teacher that serves as a juror shall not have the jury leave deducted from sick, personal or professional leave."

Senator Tate of the 38th moved that the Senate agree to the House amend ment to SB 29.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss Duncan Eldridge English

Evans Fincher Foster Gillis Greene Hill Howard Hudgins Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Wessels

Those not voting were Senators:

Barker Coverdell Dean of 31st Holloway (presiding)

Hudson Johnson Langford Starr

Stephens Summers Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 29.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 626. By Representatives Adams of the 36th, Rainey of the 135th, Peters of the 2nd and others:
A bill to amend an Act known as the "Georgia Boat Safety Act" ap proved April 19, 1973, as amended, so as to provide certain definitions; to specify the manner of display of numbers and decals.
Senate Sponsor: Senator Gillis of the 20th.
The Senate Committee on Natural Resources and Environmental Quality offered the following substitute to HB 626:

WEDNESDAY, MARCH 2, 1977

1575

A BILL

To be entitled an Act to amend an Act known as the "Georgia Boat Safety Act", approved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1632), so as to provide certain definitions; to specify the manner of display of numbers and decals; to require certain lifesaving devices and fire ex tinguishers; to require certain lights; to establish certain boating safety zones; to limit the size of motors on certain waters; to require accident reports; to provide for rules of the road for boat traffic; to authorize the adoption of ordinances by political subdivisions under certain circum stances; to make interference with arrest unlawful; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. An Act known as the "Georgia Boat Safety Act", ap proved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1632), is hereby amended by deleting in its entirety the present subsection (g) of Section 3 and sub stituting in lieu thereof a new subsection (g), to read as follows:

" (g) Operate means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery.",

and by adding two new subsections to Section 3 following the present sub section (m) to be designated subsection (n) and subsection (o), to read as follows:

"(n) 'Nonmotorized vessel' means any vessel other than a sailboat, which has no motor attached in a manner to make it readily available for operation.

(o) 'Mechanically propelled vessel' means, for the purpose of determining fire extinguisher requirements, those vessels propelled by machinery using a volatile liquid for fuel."

Section 2. Said Act is further amended by deleting the third, fourth, and fifth sentences of subsection (a) of Section 6, so that when so amended said subsection (a) shall read as follows:

"(a) Application. The owner of each vessel required to be numbered by this Act shall file an application for number with the Department on forms approved by it. Upon receipt of the applica tion in approved form, the Department shall enter the same upon its records and issue to the applicant a certificate of number stating the number assigned to the vessel, the name and address of the owner and such additional information as may be prescribed by the Department."

Section 3. Said Act is further amended by redesignating subsections

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(b) through (m) of Section 6 as subsections (c) through (n), repectively, and by inserting a new subsection (b) of Section 6 following the present subsection (a), to read as follows:

"(b) Display of numbers and Decals. (1) The identification number assigned to all registered vessels must be permanently painted or attached to each side of the forward half of the vessel, and no other number may be displayed thereon. Numbers must read from left to right, be in block characters, be of a color contrasting with the background, and be not less than 3 inches in height or more than 1 inch apart. There shall be a hyphen or space between the prefix letters and numerals and between the numerals and the suffix letters. The hyphen or space shall be equal to the width of any letter except 1.
(2) On vessels so configured that a number on the hull or superstructure would not be easily visible, the number must be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number will be clearly visible under normal operating conditions.

(3) The numbers shall be maintained in a legible condition.

(4) Vessels owned by manufacturers or dealers and being used as demonstrators or for testing, may use the dealer's tag supplied with his registration in lieu of permanently attached number.

(5) The decal assigned to all registered vessels must be dis played on the left side of the bow preceding the prefix letters. There shall be a hyphen or space separating the decal and the prefix letters. The hyphen or space shall be equal to the width of any letter except 1."
Section 4. Said Act is further amended by striking from subsection (a) of Section 8 the following:

"Class 3 40 feet or more in length.", and inserting in lieu thereof the following:
"Class 3 40 feet or over and not more than 65 feet in length."

Section 5. Said Act is further amended by deleting the present subsection (d) of Section 8 and substituting in lieu thereof a new sub section (d), to read as follows:

"(d) Lifesaving Devices. (1) Every vessel shall be equipped with the following number and type of personal flotation devices:
(A) Every Class A vessel shall carry aboard, at all times, at least one Type I, II, III or IV personal flotation device for each person on board.
(B) Every Class 1, 2 and 3 vessel shall carry aboard, at all times, at least one Type I, II or III personal flotation device for

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each person on board. In addition to the individual personal flotation device, each vessel of Class 1, 2 and 3 must carry at least one Type IV (throwable) device.

(2) No person may use a vessel upon the water of this State unless the personal flotation devices as required herein are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the Coast Guard approved number and are of an appropriate size for the occupant of the vessel for whom it is intended."

Section 6. Said Act is further amended by deleting in its entirety the present subsection (e) of Section 8 and substituting in lieu thereof a new subsection (e), to read as follows:

"(e) Fire Extinguishers:
(1) Every mechanically propelled Class A and Class I vessel, constructed so as to have enclosed areas which permit entrapment of gasses or vapors, shall carry aboard one Type B-l Coast Guard approved fire extinguisher.

(2) Every mechanically propelled Class 2 vessel, regardless of construction, shall carry aboard two (2) Type B-I or one (1) Type B-II Coast Guard approved fire extinguisher.

(3) Every mechanically propelled Class 3 vessel, regardless of construction, shall carry aboard three (3) Type B-I or one (1) Typ< B-I and one (1) Type B-II Coast Guard approved fire extinguisher.

(4) The carriage of any dry stored pressure fire extinguishers not fitted with pressure gauges or indicating devices or any vaporiz ing liquid fire extinguishers containing carbon tetrachloride, chlorbomethane, or any other toxic vaporizing liquids is prohibited."

Section 7. Said Act is further amended by adding a new Section following the present Section 10 to be designated Section 10A, to read as follows:

"Section 10A. Lights. Lights on vessels operated within this State fall into two categories: those for vessels using Inland Waters (water of this State), and regulations for vessels using International Waters (coastal waters). Vessels equipped to meet International Waters requirements may operate on any water; however, vessels equipped to meet Inland Waters requirements are restricted to in land waters.

(a) Inland Waters (waters within the State) Requirements:
(1) All nonmotorized vessels being operated during hours of darkness or low visibility shall have ready at hand a white light which shall be displayed in time to prevent collision.

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(2) All motorized Class A and Class I vessels being operated during hours of darkness or low visibility shall display a 32 point white stern light visible for a distance of 2 miles, plus a 20 point combination red and green light on the bow, visible for a distance of 1 mile and displayed lower than the white stern light.

(3) All motorized Class 2 and 3 vessels being operated during hours of darkness or low visibility shall display a 20 point white light on the bow visible for a distance of 2 miles, plus a 32 point white light on the stern fixed higher than the white light forward and visible for a distance of two miles, plus separate 10 point red and green side lights fitted with inboard screens to keep the lights from showing across the bow and visible for a distance of one mile.

(4) Class A and Class I vessels equipped with sail only or sail and motor, when under sail only while being operated during hours of darkness or low visibility, shall display a 20 point combination red and green light on the bow visible for a distance of 1 mile, plus a 12 point white stern light visible for a distance of 2 miles.

(5) Class 2 and Class 3 vessels equipped with sail only or sail and motor, when under sail only while being operated during the hours of darkness or low visibility, shall display separate 10 point red and green side lights, properly screened and visible for a distance of at least 1 mile, plus a 12 point white stern light visible for a distance of at least 2 miles.

(6) When any vessel is being powered by sail and motor both, that vessels shall carry the same lights as those required for power alone.

(b) International Waters (Coastal) Requirements:
(1) All motorized Class A, Class I and Class 2 vessels being operated during the hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow, or else 10 point red and green side lights properly screened and visible for a distance of at least 1 mile, plus a 20 point white light displayed in the fore part of the vessel and visible for a distance of 3 miles 3 feet above the combination or side lights, plus a 12 point white stern light visible for a distance of at least 2 miles.

(2) All motorized Class 3 vessels when operated during the hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow or else 10 point red
and green side lights properly screened and visible for a distance of 1 mile, plus a 20 point white light in the fore part of the vessel displayed 9 feet above the gunwales and 3 feet higher than the colored lights and visible for a distance of 3 miles plus a 12 point white stern light visible for at least 2 miles.

(3) All Class A, Class 1 and Class 2 vessels equipped with sail and motor when operating under power during hours of darkness or low visibility shall display either a 20 point combination red and

WEDNESDAY, MARCH 2, 1977

1579

green light on the bow or else 10 point red and green side lights properly screened and visible for 1 mile, plus a 20 point white light in the fore part of the vessel at least three feet higher than the colored lights and visible for a distance of 3 miles, plus a 12 point white stern light visible for a distance of 2 miles.
(4) All Class 3 vessels equipped with sail and motor when operating under power during hours of darkness or low visibility shall display either a 20 point combination red and green light on the bow or else 10 point red and green side lights properly screened and visible for a distance of 2 miles, plus a 20 point white light in the fore part of the vessel at least 9 feet above the gunwale and three feet higher than the colored lights and visible for a distance of 2 miles, plus a 12 point white stern light visible for a distance of 2 miles.
(5) All sailboats of Class A, Class 1 and Class 2 when operated under sail only during the hours of darkness or low visibility, shall display a 20 point combination red and green bow light visible for a distance of 1 mile, or 10 point red and green side lights properly screened and visible for a distance of 1 mile, plus a 12 point white stern light visible for a distance of 2 miles.
(6) All sailboats of Class 3, when operated under sail only during the hours of darkness or low visibility shall display a 20 point combination red and green bow light visible for a distance of 1 mile, or 10 point red and green side lights properly screened and visible for a distance of 1 mile, plus a 12 point white stern light visible for a distance of 2 miles.

(7) Sailing vessels may carry on top of the foremast two 20 point lights in a vertical line one over the other and separated so as to be clearly distinguished. The upper light shall be red and the lower light green.

(c) Vessels at Anchor. All vessels at anchor, except those an chored or moored within marinas or other designated anchorages, shall display a 32 point white stern light during hours of darkness or low visibility.

(d) During the hours of darkness or low visibility, no other lights which may be mistaken for those prescribed shall be exhibited."

Section 8. Said Act is further amended by adding five new sub sections following the present subsection (b) of Section 11 to be designated subsections (c), (d), (e), (f) and (g), to read as follows:

"(c) Boating Safety Zones. The following are hereby established as Boating Safety Zones:

(1) the ocean waters adjacent to Jekyll Island which shall in clude all those waters for a distance of 1,000 feet from the High Water Mark on Jekyll Beach from the northernmost point to the southernmost point of Jekyll Island.

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(2) the ocean waters adjacent to Savannah Beach which shall include all those waters for a distance of 1,000 feet from High Water Mark on Savannah Beach from the northernmost to the southern most point of Savannah Beach.
(3) the ocean waters adjacent to Saint Simons Island which shall include all those waters for a distance of 1,000 feet from the High Water Mark on Saint Simons Island from the northernmost point to the southernmost point of Saint Simons Island.
(4) the ocean waters adjacent to Sea Island which shall include all those waters for a distance of 1,000 feet from the High Water Mark on Sea Island from the northernmost point to the southernmost point of Sea Island.
(d) Within the boundary of a boating safety zone, it shall be unlawful at any time to launch, float or operate any power boat except lifesaving emergency or law enforcement craft. Power boat is hereby defined as 'any boat, vessel or water-going craft which is propelled by mechanical, rather than manual means, whether or not such propulsion device forms an integral part of the structure thereof.'
(e) To identify and facilitate the observance of this safety zone, the Department shall have buoys of appropriate size and type placed along the offshore boundary in such fashion as to form a line paralleling the high water mark at a distance of 1,000 feet therefrom and spaced not more than one-fourth (1/4) of a mile apart.
(f) No motor in excess of 10 horsepower shall be used on any vessel being operated on Lake Tugalo.

(g) With the exception of law enforcement officials, no motor in excess of 9.9 horsepower shall be used on any vessel being operated on the Ogeechee River from the point where it crosses U. S. Highway No. 80 to its point of origin."

Section 9. Said Act is further amended by deleting in its entirety the present subsection (c) of Section 12 and substituting in lieu thereof a new subsection (c), to read as follows:
"(c) Accident Reports Required.
(1) All boating accidents must be reported to the Department within 48 hours of the accident if:
(A) a person dies within 24 hours as a result of the accident;
(B) a person is disabled for more than 24 hours;
(C) a person requires medical treatment for injuries;

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1581

(D) a person disappears from a vessel.

(2) Reports of boating accidents must be made within 5 days if not earlier required by the preceding paragraph.

(3) Accident reports must be on forms supplied by the Depart ment which must be filled out in their entirety and dated and signed by the person submitting the report. Reports must contain at a minimum the following information:

(A) name, address and telephone number of each operator of each vessel involved;

(B) number and name of each vessel involved;

(C) name, address and telephone number of each owner of each vessel involved;

(D) name of the nearest city or town, the county, the state, and the body of water on which the accident occurred;

(E) the location of the accident on the water;

(F) the time and date of the accident;

(G) visibility, weather and water conditions;

(H) age, date of birth, vessel operating experience and boat safety training of the operator making the report;
(I) the number of persons on board or towed on skis by each vessel;
(J) the name, address and date of birth of each person fatally injured;

(K) the cause of death of each;
(L) the name and address of each owner of property involved (other than vessel or boat);
(M) the availability and use of personal flotation devices;

(N) the type of fire extinguisher used;

(O) the nature and extent of each injury resulting from this accident;

(P) a description of all property and vessel damage within an estimated cost of repairs;

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(Q) a description of any equipment failures that caused or contributed to the accident;

(R) a description of the accident;

(S) an opinion of the cause of the accident;

(T) the make, model, type, hull identification number, beam width, length, horsepower and type of motor, hull material and year built, of the reporting operator's vessel."
Section 10. Said Act is further amended by striking in its entirety the present Section 15A and substituting in lieu thereof a new Section 15A, to read as follows:

"Section 15A. Rules of the Road for Boat Traffic, (a) Meeting Situation. When two vessels are approaching head-on or nearly so, it shall be the duty of each operator to alter his course to the right or starboard, if necessary, in order to provide sufficient clearance to pass the other vessel on the port or left side. Speed shall be reduced by both vessels in order to avoid unnecessary wake. Neither vessel shall have the right-of-way in such situations.

(b) Crossing Situations. Any vessel approaching another within a zone from dead ahead to two (2) points abaft the starboard beam is the privileged vessel and shall have the right-of-way. The other vessel shall be the burdened vessel and shall give way to starboard so as to cross the course of the privileged vessel at her stern.
(c) Overtaking Situations. When one vessel is overtaking an other, the overtaking vessel shall be the burdened vessel, and it shall be the duty of the operator of that vessel to stay clear of the vessel being overtaken, passing to the left or port side of the privileged vessel when the way is clear.

(d) Encountering Sailing Vessels. Except when overtaking an other vessel, sailing vessels shall be the privileged vessel, and other vessels shall give way to such vessels.

(e) Operating in Channels, Streams or other Narrow Bodies of Water. It shall be the duty of each operator to keep his vessel to the starboard or right side of the center of any channel, stream or other narrow body of water.

(f) Approaching Anchored and Other Nonpowered Vessels. Powered vessels approaching nonpowered vessels shall reduce their speed so that their wake shall not endanger the life or property of those occupying the nonpowered vessel.

(g) Approaching Bends, Points and Other Blind Spots. When ever a vessel approaches a bend, point or other blind area, it shall be the duty of the operator to: (1) move as far to the right or star-

WEDNESDAY, MARCH 2, 1977

1583

board as possible; (2) reduce speed to allow for an unexpected stop if necessary; (3) sound a blast of 8 to 10 seconds' duration on a sounding device if such a device is carried."

Section 11. Said Act is further amended by striking the present subsection (b) of Section 18 and substituting in lieu thereof a new sub section (b), to read as follows:

"(b) Any political subdivision may at any time, but only after approval by the Department upon a showing of necessity because of unusual or special circumstances, adopt any ordinance or local law relating to the operation and equipment of vessels on any waters within its territorial limits which are more stringent than those provided for in this Act."

Section 12. Said Act is further amended by adding a new subsection following the present subsection (d) of Section 23 to be designated sub section (e), to read as follows:

"(e) Interference with Arrest. It shall be unlawful for any per son to resist or interfere by force, menace, threat or in any other manner, with any arrest for violation of any provision of this Act. It shall also be unlawful for any person to refuse to go with any law enforcement officer of this State after such an arrest has been made or to interfere with such officer in the performance of his duty."

Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Traylor of the 3rd offered the following amendment:
Amend the substitute offered by the Committee on Natural Resources and Environmental Quality to HB 626 by striking from line 22 on Page 10 the following:
"U. S. Highway No. 80",
and inserting in lieu thereof the following:
"State Highway No. 119".

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

Senator Robinson of the 27th offered the following amendment:

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Amend the substitute offered by the Committee on Natural Resources and Environmental Quality to HB 626 by inserting, following the word "approved" on line 2 of Page 5, on line 6 of Page 5, and on line 10 of Page 5, the following:

"hand portable".

By inserting, following the word "extinguisher" on line 2 of Page 5, the following:

"unless there is a Coast Guard approved fixed fire extinguishing system installed in the machinery space. When such a fixed fire extinguishing system is installed in the machinery space, no hand portable fire extinguisher will be required".

By inserting, following the sentence ending on line 6 of Page 5 and the sentence ending on line 11 of Page 5, the following:

"When a Coast Guard approved fixed fire extinguishing system is installed in the machinery space, one less Type B-l hand portable fire extinguisher is required."

On the adoption of the amendment, the yeas were 32, nays 0, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 34, nays 2, 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:

Allgood Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Eldridge English Evans Fincher

Foster Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Riley Robinson Scott Shapard Starr Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

WEDNESDAY, MARCH 2, 1977

1585

Voting in the negative were Senators Banks and Dean of 6th.

Those not voting were Senators:

Coverdell Duncan Holloway (presiding)

Langford Russell

Stephens Summers

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

HB 631. By Representatives Tolbert, Butler and Johnson of the 56th and others:
A bill to amend Code Chapter 34-14 relating to absentee voting, as amended, so as to change the provisions relative to the challenge of absentee ballots; to delete certain provisions relative to the challenge of absentee ballots.
Senate Sponsor: Senator Kidd of the 25th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Doss English Fincher Foster

Gillis Greene Hill Howard Hudgins Hudson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds Riley

Those voting in the negative were Senators:

Barnes Dean of 31st

Eldridge Evans

Robinson Scott Shapard Starr Stumbaugh Button Tate Timmons Traylor Turner Tysinger Walker Wessels
Johnson Thompson

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Those not voting were Senators:

Coverdell Duncan Holloway

Langford Russell

Stephens Summers

On the passage of the bill, the yeas were 43, nays 6.

The bill, having received the requisite constitutional majority was passed.

Senator Kidd of the 25th moved to postpone the following bill of the House until Tuesday, March 8:

HB 663. By Representatives Randall of the 101st, Russell of the 64th, Marcus of the 26th and others:
A bill to amend an Act creating the Board of Examiners of Practical Nurses, as amended, so as to provide for temporary licenses and the practices and procedures connected therewith.
On the motion, the yeas were 26, nays 3; the motion prevailed, and HB 663 was postponed until Tuesday, March 8.
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 792. By Representatives Rainey of the 135th, Peters of the 2nd, Twiggs of the 4th and others:
A bill to enact the Game and Fish Code, Title 45; to completely and comprehensively revise and supersede the laws of this State relating to game and fish; to provide definitions, powers and duties relating to game and fish; to provide a short title ("Game and Fish Code"); to provide for consent to certain federal laws, rules, regulations and acquisitions.
Senate Sponsor: Senator Gillis of the 20th.
The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend HB 792 by adding on Page 95, line 26, after the word and semicolon "downstream;" the following:
"provided, however, the Director, Environmental Protection Division, Department of Natural Resources, is authorized and directed, upon the completion of any downstream impoundment which will result in the inundation of said ten (10) mile downstream stretch or portions thereof, to immediately proceed to alter the trout designation of said portion of the River and to submit the same

WEDNESDAY, MARCH 2, 1977

1587

to the U. S. Environmental Protection Agency for their approval. Upon approval of the U. S. Environmental Protection Agency, the elimination of the trout designation shall be effective;";

and

by striking Section 6 in its entirety;

and

by renumbering Sections 7 and 8 as Sections 6 and 7, respectively.

On the adoption of the amendment, Senator Brown of the 47th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Dean of 31st Doss Duncan English Fincher Foster

Gillis Kennedy Kidd McGill Overby Pearce Reynolds Riley

Scott Starr Tate Timmons Traylor Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Banks Barker Barnes Bell Bond Brantley Carter Dean of 6th

Eldridge Evans Greene Hill Howard Hudgins Hudson Johnson

Lester Paulk Robinson Shapard Stephens Stumbaugh Sutton Wessels

Those not voting were Senators:

Coverdell Holloway

Langford Russell

Summers Thompson

On the adoption of the amendment, the yeas were 25, nays 25, and the amend ment was lost.

Senator Brown of the 47th moved that the Senate reconsider its action in defeating the amendment offered by the Committee on Natural Resources and Environmental Quality to HB 792.

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On the motion, Senator Traylor of the 3rd called for the yeas and nays; the call was not sustained.

On the motion, the yeas were 28, nays 20; the motion prevailed, and the committee amendment was reconsidered and put upon its adoption.

The Senate Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend HB 792 by adding on Page 95, line 26, after the word and semicolon "downstream;" the following:
"provided, however, the Director, Environmental Protection Division, Department of Natural Resources, is authorized and directed, upon the completion of any downstream impoundment which will result in the inundation of said ten (10) mile downstream stretch or portions thereof, to immediately proceed to alter the trout des ignation of said portion of the River and to submit the same to the U. S. Environmental Protection Agency for their approval. Upon approval of the U. S. Environmental Protection Agency, the elimina tion of the trout designation shall be effective;";
and
by striking Section 6 in its entirety;
and
by renumbering Sections 7 and 8 as Sections 6 and 7, respectively.

On the adoption of the amendment, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Dean of 31st Doss Duncan English Fincher Foster

Gillis Holloway Kennedy Kidd McGill Overby Pearce Reynolds Riley

Those voting in the negative were Senators:

Allgood Banks Barker

Barnes Bell Bond

Russell Scott Starr Tate Timmons Turner Tysinger Walker
Brantley Carter Coverdell

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1589

Dean of 6th Eldridge Evans Greene Hill Howard Hudgins

Hudson Johnson Lester Paulk Robinson Shapard Stephens

Stumbaugh Button Thompson Traylor Wessels

Not voting were Senators Langford and Summers.

On the adoption of the amendment, the yeas were 26, nays 28, 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.

On the passage of the bill, a roll-call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan English Evans

Fincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Broun of 46th Eldridge

Sutton

Traylor

Not voting were Senators Langford and Summers.

On the passage of the bill, the yeas were 50, nays 4.

The bill, having received the requisite constitutional majority, was passed.

Senator Starr of the 44th assumed the Chair upon the direction of the Presi dent.

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HR 113. By Representative Howell of the 140th:
A resolution authorizing the conveyance of certain real property located in Miller County, Georgia, to the Board of Commissioners of Miller County.
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

Allgood Ballard Banks Barnes Bell Brantley Broun of 46th
Brown of 47th
Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
English
Evans

Fincher Foster Gillis Greene Hill Holloway Howard
Hudgins
Hudson
Johnson
Kennedy
Kidd
Lester
McGill
Overby
Paulk
Pearce

Reynolds Riley Russell Scott Shapard Stephens Stumbaugh
Sutton
Tate Thompson
Timmons
Traylor
Turner
Tysinger
Walker
Wessels

Those not voting were Senators:

Barker Bond

Langford Robinson

Starr (presiding) Summers

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

HR 137. By Representatives Lambert of the 112th, Knight of the 67th, Ross of the 76th and others:
Senate Sponsor: Senator Starr of the 44th.

WEDNESDAY, MARCH 2, 1977

1591

A RESOLUTION

Proposing an amendment to the Constitution so as to change the requirements for consolidation and merger of county districts, independent school systems, or any portions or combination thereof so as to require approval by a majority of the voters voting in each district or system affected; 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 VIII, Section V, Paragraph I of the Constitution is hereby amended by deleting from the first paragraph thereof the following:

".provided 51% of the registered voters in each district or system concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirmative.",

so that when so amended, Paragraph I shall read as follows:

"Paragraph I. School Districts. Authority is granted to county and area boards of education to establish and maintain public schools within their limits. The General Assembly may, by special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each of the school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged. Any area school district so established shall constitute a separate political .subdivision of this State, and the school districts or school systems or portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of the State of Georgia of 1976.

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 requirement for consolidation and merger of
( ) NO county school districts, independent school systems, or any portions for combination thereof so as to re quire approval by a majority of the voters voting in each district or system affected?"

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JOURNAL OF THE SENATE,

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:

Allgood Ballard Banks Barker Bell Bond Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan

English Evans Pincher Foster Gillis
Greene Holloway
Howard Kidd Lester McGill Overby

Pearce Reynolds Riley Scott Shapard Starr Stumbaugh Tate Turner Tysinger Walker Wessels

Those voting in the negative were Senators:

Barnes Brantley Coverdell Dean of 6th Eldridge Hill

Hudson Johnson Kennedy Paulk Russell Stephens

Sutton Thompson Timmons Traylor

Those not voting were Senators:

Hudgins Langford

Robinson

Summers

On the adoption of the resolution, the yeas were 36, nays 16.

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 its action in defeating HR 137.

WEDNESDAY, MARCH 2, 1977

1593

HR 213. By Representatives Bray of the 70th, Whitmire of the 9th and Russell of the 64th:
A resolution urging the State Personnel Board and the State Commission er of Personnel Administration to continue the study of employee job classifications.
Senate Sponsor: Senator Kidd of the 25th.

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:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Pincher Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Kennedy Kidd Lester McGill Overby Paulk Pearce Reynolds

Those not voting were Senators :

Johnson Langford

Starr

Riley Robinson Russell Scott Shapard Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels
Summers

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 331. By Representatives Buck of the 95th, Coleman of the 118th and Colwell of the 4th:
A bill to amend an Act creating the "Sheriffs' Retirement Fund of Georgia", approved April 16, 1963, as amended, so as to provide an

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JOURNAL OF THE SENATE,

increase in retirement benefits for those members and persons already receiving retirement benefits.
Senate Sponsor: Senator Dean of the 31st.

The following fiscal note, as required by law, was read by the Secretary:

MEMORANDUM

TO:

The Honorable Thomas Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Richard B. Cobb, Deputy Director, Office of Planning
and Budget

SUBJECT:

Fiscal Notes--House Bill 331 Sheriffs Retirement Fund

This Bill provides that those members receiving retirement benefits effective May 1, 1977 would be entitled to receive an increase in benefits, and payment of these benefits be in accordance with the provisions of an Act (S.B. 425) approved February 27, 1976.

This Bill would have a fiscal impact on the fund but not in addition to those previously anticipated through passage of Senate Bill No. 425 approved in the 1976 legislative session. The total increased actuarial liability as shown in the attached actuarial report from Towers, Perrin, Forster and Crosby was $1,256,630. The annual cost of funding the increase in benefits to those members already receiving retirement benefits was included in the actuarial analysis for the Bill previously passed, but somehow was not included in the legislation.

/s/ William M. Nixon, State Auditor

/s/ Richard B. Cobb, Deputy Director, Office of Planning and Budget

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:

Allgood Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Duncan Eldridge English Evans Fincher Foster

WEDNESDAY, MARCH 2, 1977

1595

Gillis Greene Hill Howard Hudgins Hudson Johnson Kennedy Kidd Lester

McGill Overby Paulk Pearce Riley Russell Scott Shapard Starr Stephens

Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Holloway Langford

Reynolds Robinson

Summers Timmons

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Brown of the 47th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing the following bill of the House:

HB 792. By Representatives Rainey of the 135th, Peters of the 2nd, Twiggs of the 4th and others:
A bill to enact the Game and Pish Code, Title 45; to completely and comprehensively revise and supersede the laws of this State relating to game and fish; to provide definitions, powers and duties relating to game and fish; to provide a short title ("Game and Fish Code"); to provide for consent to certain federal laws, rules, regulations and acquisitions.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 332. By Representatives Buck of the 95th, Coleman of the 118th and Colwell of the 4th:
A bill to amend an Act creating the "Sheriffs' Retirement Fund of Georgia", approved April 16, 1963, as amended, so as to remove the requirement that members of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia furnish a surety bond.
Senate Sponsor: Senator Dean of the 31st.

The following fiscal note, as required by law, was read by the Secretary:

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JOURNAL OF.THE SENATE,

MEMORANDUM

TO:

The Honorable Thomas Buck, III, Chairman

House Retirement Committee

FROM:

William M. Nixon, State Auditor Richard B. Cobb, Deputy Director, Office of Planning
and Budget

SUBJECT:

Fiscal Notes--House Bill 332 Sheriffs Retirement Fund

This Bill removes the requirement that members of the Board of Commissioners of the Sheriffs Retirement Fund furnish a surety bond.

This Bill does not have any fiscal impact. Currently, Board members are not required to handle funds as part of their duties. Those individuals required to handle the funds are properly bonded. Only the SecretaryTreasurer can write checks and he is bonded for $25,000, four other members handling the -fund are bonded for $10,000 each. The fund is valued at approximately $4,000,000 and an actuarial survey completed by Towers, Perrin, Forster and Crosby in October, 1975 indicated that
the Plan was soundly funded.

/s/ William M. Nixon, State Auditor

/s/ Richard B. Cobb, Deputy Director, Office of Planning and Budget

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:

Allgood
Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English
Evans

Fincher
Foster Gillis Greene Hill Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds
Riley Robinson Russell Scott Shapard Starr Stephens Stumbaugh Button Tate Timmons Traylor Turner Tysinger Walker Wessels

WEDNESDAY, MARCH 2, 1977

1597

Those not voting were Senators:

Broun of 46th Langford

Summers

Thompson

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Starr of the 44th resumed the Chair at the direction of the President.

HB 629. By Representative Greer of the 43rd:
A bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to authorize the Board of Directors of the Authority to waive competitive bidding requirements in the sale, lease, exchange or other disposition of real property owned by the au thority as specified in this Act.
Senate Sponsor: Senator Evans of the 37th.

The Senate Committee on Transportation offered the following substitute to HB 629:
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 (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), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws, p. 3104), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3047), so as to authorize the Board of Directors of the Authority to waive competitive bidding requirements in the sale, lease, exchange or other disposition of real property owned by the Authority as specified in this 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 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

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JOURNAL OF THE SENATE,

March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3104), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3407), is hereby amended by changing the period at the end of Section 14(g) to a comma and adding thereafter the following:

"provided that such competitive bidding procedures may be waived, but only if the Board determines that the negotiation of a sale, lease, exchange or other disposition of real property owned or to be acquired by the Authority is necessary to facilitate either of the following: (i) the location of an Authority transportation project within real property owned by another; or (ii) the passage of the public between an Authority transportation project and the property of another.",

so that when amended said Section 14 (g) will read in its entirety as fol lows:
"(g) Contracts for the sale, lease or other disposition of real property owned by the Authority shall be awarded only after com petitive bidding and to the highest responsible bidder in a manner similar to that required in subsection (b), provided that such com petitive bidding procedures may be waived, but only if the Board determines that the negotiation of a sale, lease, exchange or other disposition of real property owned or to be acquired by the Authority is necessary to facilitate either of the following: (i) the location of an Authority transportation project within real property owned by another; or (ii) the passage of the public between an Authority transportation project and the property of another."
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 Reynolds of the 48th offered the following amendment: Amend the substitute offered by the Committee on Transportation
to HB 629 as follows: By inserting in line 19 of Page 1 after the word "Act" the following: "to abolish certain tax exemptions of the Authority;"; By renumbering Sections 2 and 3 as Sections 3 and 4, respectively;

WEDNESDAY, MARCH 2, 1977

1599

And, by inserting following Section 1 a new Section 2 to read as follows:

"Section 2. Said Act is further amended by adding at the end of Section 21 a new subsection (c) to read as follows:

'(c) The Authority and its activities shall not be exempt from the tax imposed upon motor fuels by the laws of this State.' "

On the adoption of the amendment, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Barnes Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge English Fincher

Foster Gillis Greene Hill Holloway Hudgins Hudson Kennedy Lester McGill Overby Paulk Pearce

Those voting in the negative were Senators :

Banks Barker Bell Bond Brantley Coverdell

Evans Howard Johnson Kidd Robinson Scott

Those not voting were Senators:

Langford

Starr (presiding)

Reynolds Riley Russell Shapard Sutton Thompson Timmons Traylor Turner Walker Wessels
Stephens Stumbaugh Tate Tysinger
Summers

On the adoption of the amendment, the yeas were 37, nays 16, and the amend ment was adopted.

Senator Bell of the 5th offered the following amendment:
Amend the substitute offered by the Committee on Transportation to HB 629 by striking Section 2 in its entirety.
On the adoption of the amendment, the yeas were 44, nays 3, and the amend ment was adopted.

1600

JOURNAL OF THE SENATE,

On the adoption of the substitute, the yeas were 40, nays 2, 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:

Allgood Ballard
Barnes Broun of 46th Brown of 47th Carter Dean of 31st Doss Duncan Eldridge English Fincher

Foster Gillis Greene Hill Hudgins Hudson Kennedy Lester McGill Overby Paulk Pearce

Reynolds Riley Russell Sutton Thompson Timmons Traylor Turner Walker Wessels

Those voting in the negative were Senators:

Banks Barker Bell Bond Brantley Coverdell

Dean of 6th Evans Howard Johnson Kidd Robinson

Scott Shapard Stephens Stumbaugh Tate Tysinger

Those not voting were Senators:

Holloway Langford

Starr (presiding)

Summers

On the passage of the bill, the yeas were 34, nays 18.

The bill, having received the requisite constitutional majority, was by substitute.

HB 630. By Representative Greer of the 43rd: A bill to amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to authorize the bonds of the Authority to be used as security for all public deposits. Senate Sponsor: Senator Evans of the 37th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 2, 1977

1601

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker
Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Fincher Foster Gillis
Greene Holloway Howard Hudgins Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell
Scott Shapard Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Carter Hill

Langford Starr (presiding)

Summers

On the passage of the bill, the yeas were 51, 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 bills of the House:
HB 1116. By Representative Colwell of the 4th:
A bill to amend an Act approved April 13, 1973 providing for the com pensation and allowances of certain State officials and for matters relative thereto so as to strike references to the Director of Corrections and the State Board of Corrections and insert in lieu thereof respectively the Commissioner of Offender Rehabilitation and the Board of Offender Rehabilitation.

HB 750. By Representatives Burruss of the 21st and Elliott of the 49th:
A bill to amend Code Chapter 26-25, relating to obstruction of law enforcement, as amended, so as to create the crime of bail jumping; to provide that it shall be unlawful for certain persons to fail to appear

1602

JOURNAL OF THE SENATE,

at certain proceedings or at certain times and places, without sufficient cause.

HB 1114. By Representative Colwell of the 4th:
A bill to amend an Act creating a Youthful Offender Division of the State Board of Corrections, known as the Georgia Youthful Offender Act of 1972, so as to reconstitute the membership of the Youthful Offender Division.

HB 1076. By Representatives Culpepper of the 98th, Walker of the 115th, Williams and Foster of the 6th and others:
A bill to amend Code Section 88-504.5 relating to release of patients from emergency receiving facilities, so as to change the provisions relat ing to release of patients under criminal charges.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:

SB 42. By Senators Turner of the 8th, McGill of the 24th and Russell of the 10th:
A bill to amend Code Title 62, relating to livestock, as amended, so as to substantially revise and supersede the Code Chapter 62-12, relating to suppression and prevention of hog cholera, as amended.

SB 99. By Senator Holloway of the 12th:
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.
The House has adopted the following resolution of the House: .

HR 340. By Representatives Truluck of the 86th, Swann of the 90th, Daniel of the 88th and others: A resolution commending Honorable Roy V. Harris.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 628. By Representative Castleberry of the lllth:
A bill to amend Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, as amended, so as to conform their meanings to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on Jan. 1, 1977. Senate Sponsor: Senator Lester of the 23rd.

WEDNESDAY, MARCH 2, 1977

1603

The Senate Committee on Banking, Finance and Insurance offered the following substitute to HB 628:

A BILL

To be entitled an Act to amend Section 92-3108 of the Code of Geor gia, defining terms of the Code relating to the taxation of net income, as amended, so as to conform their meanings to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1977; to provide an effective date; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, as amended, is hereby further amended by striking said Section, as amended, in its entirety and inserting in lieu thereof a new Section 92-3108 to read as follows:

"92-3108. Definitions. Whenever the Internal Revenue Code of 1954 is referred to or used in this Chapter, it shall mean the United States Internal Revenue Code of 1954 as it existed on January 1, 1977, and any term used in this Chapter shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954, as amended, in force and effect on January 1, 1977, unless otherwise provided in this Chapter."

Section 2. 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 taxable years beginning on or after January 1, 1977.

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 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.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Duncan Eldridge English Evans Fincher Foster

1604
Gillis Greene Holloway Howard Hudgins Johnson Kennedy Kidd Lester McGill

JOURNAL OF THE SENATE,

Overby Paulk Pearce Reynolds Riley Robinson Russell Scott
Shapard Stephens

Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators :

Hill Hudson

Langford Starr (presiding)

Summers

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 bill of the Senate was taken up for the purpose of considering the House action thereto:

SB 42. By Senators Turner of the 8th, McGill of the 24th and Russell of the 10th:
A bill to amend Code Title 62, relating to livestock, as amended, so as to substantially revise and supersede the Code Chapter 62-12, relating to suppression and prevention of hog cholera, as amended.

The House amendment was as follows:

Amend SB 42 by striking on line 4 of Page 2 the following:

"municipality",

and inserting in lieu thereof the following:

"municipal".

Senator Turner of the 8th moved that the Senate agree to the House amend ment to SB 42.

On the motion, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 2, 1977

1605

Those voting in the affirmative were Senators:

Allgood Ballard Banks Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge English

Evans Fincher Foster Gillis Greene Holloway Howard Hudgins
Hudson Johnson Kennedy Kidd Lester McGill Overby Paulk Pearce

Reynolds Riley Robinson Russell Scott Shapard Stephens Stumbaugh
Sutton Tate Thompson Timmons Traylor Turner Tysinger Walker Wessels

Those not voting were Senators:

Hill Langford

Starr (presiding)

Summers

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 42.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House:

HB 774. By Representatives Buck of the 95th, Cason of the 96th, Bishop of the 94th and others:
A bill to amend an Act creating the Muscogee County School District, as amended, so as to change the maximum amount for which the Superintendent of the Board of Education may make contracts.

The House has agreed to the Senate substitute to the following bill of the House:

HB 144. By Representatives Lucas of the 102nd and Randall of the 101st:
A bill to provide that in all counties of this State having a population of not less than 100,000 and not more than 150,000, and in certain municipal corporations located within such counties, wherein the sale

1606

JOURNAL OF THE SENATE,

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 House has passed by the requisite constitutional majority the following bills of the Senate:

SB 283. By Senator Kidd of the 25th:
A bill to change the fee of the coroner of any county of this State 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 future such census, for summoning an inquest on a dead body and returning an inquisition.

SB 295. By Senators Johnson of the 34th, Overby of the 49th, Barnes of the 33rd and others:
A bill to amend Code Section 26-1704, relating to bad checks, so as to provide what constitutes prima facie evidence of criminal issuance of bad checks; to provide for service charges, notice and immunity; to provide what constitutes prima facie evidence of identity of certain parties issuing instruments.

SB 109. By Senators Timmons of the llth and Turner of the 8th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to provide that certain retired members may elect, upon divorce, to revoke his or her previously exercised election for an optional retire ment allowance.

SB 26. By Senators Tate of the 38th, Foster of the 50th, Hudgins of the 15th and others:
A bill to amend Code Section 68A-202, relating to the meaning of traffic signal indications, 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 street on which the traffic moves toward the driver's left.

The House has agreed to the Senate substitute to the following bill of the House:

HB 464. By Representatives Johnson, Benefield, Wood and Lee of the 72nd and Pinkston of the 100th:
A bill to amend an Act providing for tax on certain deeds, instruments or other writings transferring real estate, approved April 18, 1967, as amended, so as to exempt from taxes on the transfer of real property deeds issued in lieu of foreclosure and deeds issued by court order.

WEDNESDAY, MARCH 2, 1977

1607

The House has passed by the requisite constitutional majority the following bills of the House:

HB 731. By Representatives Kaley of the 19th, Walker of the 115th and Nix of the 120th:
A bill to provide for the protection of survey monuments; to provide for definitions; to prohibit the removal, destruction, injury or displace ment of monuments; to provide for practices and procedures; to provide for penalties; to provide for other matters relative to the foregoing.

HB 1026. By Representative Bray of the 70th:
A bill to amend an Act known as the "Orthotists Practice Act" so as to eliminate the definition of "Certified Facility" and add a definition for "Accredited Institution"; to extend the date for registration of present orthotists.

The following bills of the House were read the first time and referred to committees:

HB 1075. By Representative Rush of the 121st:
A bill to amend an Act creating a new charter for the City of Ludowici, as amended, so as to change the qualifications of the recorder. Referred to Committee on County and Urban Affairs.

HB 1117. By Representative Ham of the 80th:
A bill to provide for a new charter for the City of Forsyth; to provide for the government, powers, duties and responsibilities of said city; to provide for all necessary matters connected therewith; to provide for severability. Referred to Committee on County and Urban Affairs.

HB 1120. By Representative Kemp of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County on an annual salary, as amended, so as to change the compensation of the clerk of the superior court; to change the provisions relating to the clerk's assistant. Referred to Committee on County and Urban Affairs.

HB 1121. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating and establishing a new charter for the Town of Tallulah Falls, as amended, so as to change the fine that may be imposed by the mayor and council. Referred to Committee on County and Urban Affairs.

HB 1123. By Representative Chance of the 129th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Effingham County, known as the fee system; to provide

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JOURNAL OF THE SENATE,

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 1125. By Representatives Harris, Anderson and Looper of the 8th:
A bill to amend an Act placing the compensation of the Sheriff, the Clerk of the Superior Court, and the Judge of the Probate Court of Bartow County on a salary basis instead of a fee basis, as amended, so as to change the provisions thereof relative to the sheriff's automobiles. Referred to Committee on County and Urban Affairs.
HB 1126. By Representative Tuten of the 153rd:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary, as amended, so as to change the provisions relative to the number of employees within the sheriff's office. Referred to Committee on County and Urban Affairs.
HB 1127. By Representative Tuten 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, as amended, 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 1128. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Butts County into the office of Tax Commissioner of Butts County, as amended, so as to authorize the tax commissioner to receive certain fees in addition to any other compensation provided by law. Referred to Committee on County and Urban Affairs.
HB 1130. By Representative Jones of the 78th:
A bill to amend an Act placing the Sheriff of Lamar County on a salary basis so as to repeal the provisions relating to the residence of the sheriff. Referred to Committee on County and Urban Affairs.
HB 1131. By Representative Gammage of the 17th:
A bill to amend an Act creating a Board of Commissioners of Polk County, as amended, so as to change the salary of the Chairman and each of the other members of the Board of Commissioners of Polk County. Referred to Committee on County and Urban Affairs.

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HB 1134. By Representatives Johnson, Lee, Benefield and Wood 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, as amended, so as to change the compensation of the deputy tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1136. By Representatives Stone and Greene of the 138th:
A bill to amend an Act providing a new charter for the City of Hazlehurst as amended, so as to change the date of city elections. Referred to Committee on County and Urban Affairs.

HB 1137. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating the Board of Commissioners of Hall County, as amended, so as to provide for the delegation of police powers of the State with respect to persons and property situated within the County of Hall and without the territorial limits of any municipality in said county. Referred to Committee on County and Urban Affairs.

HB 1141. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend an Act incorporating the City of Warner Robins, as amended, so as to provide for the recall of the mayor and members of the council; to provide the procedures connected therewith; to provide special elections for filling vacancies. Referred to Committee on County and Urban Affairs.

HB 1142. By Representatives Jones of the 78th and Tucker of the 73rd:
A bill to amend an Act to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County Court house so as to permit the use of such funds for maintaining certain other public buildings. Referred to Committee on County and Urban Affairs.

HB 1145. By Representative Owens of the 77th:
A bill to provide for a board of elections in certain counties (population 22,312-22,825) ; to define the powers and duties concerning primaries and elections and the registration of electors; to provide a method for appointment, resignation and removal of its members; to provide for the qualifications and terms of its members.
Referred to Committee on County and Urban Affairs.

HB 1146. By Representative Hatcher of the 131st:
A bill to amend an Act to provide compensation for the members of the Board of Education of Baker County so as to change the compensation

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of the chairman and members of said board; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1147. By Representatives Hatcher of the 131st, McCullum of 134th and Hutchinson of the 133rd:
A bill to amend an Act creating a Board of Commissioners of Dougherty County, as amended, so. as to authorize the election of a Vice-Chairman of the Board of Commissioners of Dougherty County. Referred to Committee on County and Urban Affairs.

HB 1132. By Representatives Harrison, Nix and Isakson of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to the District Attorney. Referred to Committee on County and Urban Affairs.

HB 1133. By Representatives Harrison, Nix and Isakson of the 20th and others:
A bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner. Referred to Committee on County and Urban Affairs.

HR 313. By Representative Dixon of the 151st:
A resolution proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

HR 314. By Representatives Dixon of the 151st and Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Ware County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

HR 315. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Clinch County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on County and Urban Affairs.

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HR 316. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to in crease jurisdiction of civil cases over which the Justices of the Peace of Atkinson County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 318. By Representatives Galer of the 97th, Thompson of the 93rd, Bishop of the 94th and others:
A resolution proposing an amendment to the Constitution so as to limit the methods by which the charter of the government of Columbus, Ga., may be amended, revised or otherwise changed by the governing authority of the consolidated government; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 319. By Representative Lord of the 105th:
A resolution proposing an amendment to the Constitution so as to pro vide that certain capital improvements of new manufacturing establish ments and certain additions to such capital improvements of manufactur ing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Glascock County. Referred to Committee on County and Urban Affairs.
The following resolutions of the Senate and House were read and adopted:

SR 155. By Senators Barnes of the 33rd, Evans of the 37th and Robinson of the 27th:
A resolution relative to the childhood home of Mrs. Alice McLellan Birney.

SR 159. By Senators Lester of the 23rd and Allgood of the 22nd: A resolution commending Captain Emory Earl Sanders of the Richmond County Sheriff's Department.
HR 340. By Representatives Connell of the 87th, Swann of the 90th, Truluck of the 86th and others: A resolution commending Honorable Roy V. Harris.

Senator Bell of the 5th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

At 5:40 o'clock P.M., Senator Starr of the 44th, who was presiding, an nounced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

Journal of the Senate 1977 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.

Journal of the Senate 1977 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.